HomeMy WebLinkAboutCC November 9, 2000
'_/ CITY of ANDOVER
1685 CROSSTOWN BOULEVARD N.W.' ANDOVER, MINNESOTA 55304' (763) 755-5100 FAX (763) 755-8923
Regular City Council Meeting - Thursday, November 9, 2000 agenda
Call to Order - 7:00 PM
Resident Forum Bookmark
Agenda Approval Name
Consent Agenda
Approval of Minutes minutes
Discussion Items
I. Public Hearing/ Adopt Assessment RolI/99-2S/Navajo St" 173rd Ave, & 175th Ave./Street Pavingph9928
2. Assessment Hearing/Certify Delinquent Utility Bills utility
3, Assessment Hearing/Certify Delinquent Mowing Charges mowing
4, Canvas Election Results election
5. Brimeyer Group Presentation/Profile brimeyer
6, Consider Participation/Metropolitan Livable Communities Act livable
7, Discuss & Authorize Condemnation/Eveland Property/To Remove Ag Preserve Designation eveland
8, Approve Ordinance No. 270/Towers and Antennas towers
9. Water and Sewer Billing Service watersewer
'10, Approve Amendment to Ordinance No. 112, PUD Ordinance pud
\ Staff. Committees, Commissions
\_~
11, Reschedule Budget Workshop budget
12. Schedule Continuation of Joint MeetinglPark & Recreation Commission jointmtg
13, Set Council Workshop Date/Andover High SchooI/OO-lS/Street & Utility Improvements dateOO18
14, Receive Traffic Study/Andover High School/Set Meeting Date trafficstudy
15, Accept Resignation of John Hinzman, City Planner/Authorize Advertisement of Position resign
Non-Discussion/Consent Items
,16. Authorize Right-of-Way Plat at High School Location/OO-lS/ Andover Blvd Extension-Phase lrowOO18
(High School Location)
17, Order Preparation of Plans & Specs/OO-lS/Andover Blvd, Extension (High School Location) ordOO18
18, Proposed Townhome Development/South of 133rd and Hanson/Coon Rapids townhome
19. Approve CorrectionlResolution Approving Vacation of EasementINorth Valley Ridge nvr
20. Approve Special Use Pennit/Home Occupation/3928 - 16Sth Avenue NW/Dziedzic sup
21. Fixed Asset Policy & Procedure Update fixed asset
22. Trade Used Equipment for One (1) New Sidewalk Plow plow
23. Approve Ordinance Amendment/Ordinance No, 233/Dog Licensing Requirements ord233
24, Approve Quotes/Purchase of Trees at Various Parks qttrees
25, Approve Contribution for 2001-2003/ Anoka Aquatic Center aquatic
26, Reduce Escrows/Developer Improvements/Woodland Estates 2nd Addition escwe2
27. Reduce Escrow/Site Improvement/The Farmstead escfarmstead
28. Approve Copier Lease for Building Department copier
29. Withdraw Pending Assessment Request/16S0 Andover Blvd NW/99-37/Palo assess9937
'oJ Mayor/Council Input
Payment of Claims
Adjournment
. \ CITY OF ANDOVER
/ REQUEST FOR COUNCIL ACTION
DATE: November 9.2000
AGENDA SECTION ORIGINATING DEPARTMENT
Approval of Minutes City Clerk
ITEM NO.
Approval of Minutes
The City Council is requested to approve the following minutes:
October 10, 2000 Special Joint Meeting wjPlanning Commission
October 17, 2000 Regular Meeting (OrUel absent)
) October 19, 2000 Special Meeting wjPark & Recreation Commission
,.
(5) CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
j DATE: November 9, 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Item
Scott Erickson~
Engineering
.
ITEM NO.
Public Hearing/Adopt Assessment RolI/99-28/
Navajo St. NW, 173rd Ave. NW & 175th Ave, NW
\,
The City Council is requested to hold the public hearing and approve the resolution adopting
the assessment roll for the improvement of streets for Project No, 99-28, Navajo Street NW,
173rd Avenue NW & 175th Avenue NW.,
Attached are the following:
. Resolution adopting the assessment roll
. Notice sent to property owners and newspaper
. List of property owners
. Assessment worksheet and detailed calculations
,
The final assessment amount is $4,234.10 per lot. The original estimate was $4,420.00 per
lot. The assessment relating to the agricultural property will be deferred as previously directed
by the City Council. The deferred assessment will be deferred for up to 15 years without
interest being applied. If after the 15 years the property remains agricultural, the assessments
will then be void, This is consistent with the City Assessment Policy relative to agricultural
property (see attached).
\
/
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
/ RES. NO,
I
MOTION by Councilmember to adopt the following:
A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE
IMPROVEMENT OF STREETS ,PROJECT NO, 99-28, NAVAJO STREET NW,
173RD AVENUE NW & 1751H AVENUE NW.
WHEREAS, pursuant to proper notice duly given as required by law, the
City Council has met and heard and passed upon all objections to the proposed
assessment for the improvements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
ANDOVER, MINNESOTA:
1, Such proposed assessment, a copy of which is attached hereto and made part
hereof, is hereby accepted and shall constitute the special assessment against
the lands named therein, and each tract of land therein included is hereby found
to be benefited by the proposed improvement in the amount of the assessment
levied against it.
Such assessment shall be payable in equal annual installments, extending over a
period of 5 years, the first of the installments to be payable on or before
the first Monday in January, 2001 and shall bear interest at a rate of ..!L-
percent per annum from the date of the adoption of this assessment resolution.
2. The owners, of any property so assessed may, at any time prior to certification
of the assessment to the County Auditor, pay the whole of the assessment on
such property, with interest accrued to the date of payment, to the City
Treasurer.
MOTION seconded by Council member and adopted by the
City Council at a reQular meeting this 9TH day of November, 2000 ,with
Councilmembers voting in favor
of the resolution, and Councilmembers voting
against, whereupon said resolution was declared passed,
CITY OF ANDOVER
ATTEST:
J,E. McKelvey - Mayor
Victoria Volk - City Clerk
-- -." " .,_.~-.",,~...,..",,-~ ~.. ___........ ...________~l
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: November 19 1996
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Item ,
Scott Erickson..l\S
Engineering ;J L-
ITEM NO.
Assessment Policy Guidelinesl
(0. Agricultural Properties, Cont.
At the November 6, 1996 City Council meeting, the City Council directed staff to incorporate
Option 2 of the options presented into the assessment policy guidelines with the modifications
requested. If the policy as written is acceptable to the City Council, approval of the attached
resolution is necessary.
* 2. Modify the policy with a sunset date for the deferred assessment.
, Assessments to active agricultural properties (properties which meet the requirements of
"Green Acres" designation) may be deferred by the City Council until a designated future year
or until thes\.lbg!Visi()n()tthe~propertyoccurs' or cpnstn.lctiol1 of improvements thereol1 \Nnich
() snalltequirestreetaccess. The deferment shall be identified on the assessment roll as being
" subordinate to all present and future encumbrances or financing associated with property.
The deferment shall include assessments for streets, watermain, sanitary sewer and storm
sewer.
.
;::;t;~~= ~'I';;;:;';;:"'~ ...11 L" .<ft. ,cd .. .-,. "po. the p",~.=iOIl ..~uirc' tile
.. C 61ty, county, 6tot9 or feder<l' gnvp.rnmp.nt~1 "g8A€Y. In the event
that such construction of improvements is only upon a portion of the property for which the
assessment is deferred, such deferral shall be terminated against that portion of the property
where the improvement is located in an area equal to the minimum lot size established for the
zoning district within which it is located. Such deferral can be on such terms and conditions
and based upon such standards and criteria as provided by Council resolution.
Such assessments can be deferred for up to 15 years without interest and if the property has
not been subdivided for improvements constructed thereon within that period of time, the
assessment shall be canceled. All active agricultural property with deferred assessments that
are subsequently subdivided or have improvements constructed thereon which have access to
the improvement shall require the payment of such assessments in five equal annual
installments with interest thereon at the maximum rate allowed by Minnesota law in effect at
\ that time on unpaid special assessments.
)
This policy modification only address agricultural property at this time. The City Council had
: \ discussed expending this policy to include undeveloped tracts of land. If the City Council
"'_J chooses to pursue this, additional parameters will need to be discussed. %~
~ )t,;
tr'
. .. - ..." . - - .
NOTICE 'IS HEREBY GIVEN that the CityCouncil'ofthe City of Andover, Anoka .
County; Minne'sotawillmeet at the Andover CityHall, 1685 Cr6sstownBoulevard. .
'NWinthe, City of Andove(onThursday, Novembe'r 9,at7:00PM to pass upon: the
proposed assessment for the improvement of street construction in the follQwing
described areas: .... " . .' .
. . Navaj()Str~et NW,'173rd~veruie NW & 175:h Avenue NW .' .'
The'amou~t tob~ specially asses~ed agai~st'y~urparticularlot, orp~rcel oflandis
'$4.234.10 .'(ou'mayat any. time priortocertificatio[l of the assessment to the.. .
County Auditor, pay the entire assessmemton such property; with interest accrued to
, the date~.'of p~yment to the County Treasurer. No .interesfshall be charged ifthe '.. .... "
entireassessmentispaidwithin30daysfrom the adoption ofthisassessment You, '
may.~tany time thereafter, pay to the CityTreasure~the entire am Ollnt of the.. ,',
assessment remaining unpaid, with interest accrued to. December 31 of the yearin .
which such payment i~ m~de. The firstofth(3installments to be. payable on or before,...
th,e 1 stMonday in January 2001 ,.... Ifyoudeddenottoprepay the assessment '
. before the date given abovethE3assessment shall be paYCiblein equal an'nual', '..,.
installmentse?ctending over a period of. 5. . .., years and shall bear interest :at the
rate 6f~ percent PE3r year.'. The right to partially prepay the assessm,ent is not
available. ' .', . . . ......, ',' .., .' . ,
"[Ile! proposed assessment roll is on fil~ for public insPE3ctibnaith'~City, Clerk's "'.", '.
Office.The total amount of, the proposed assessment!s$ 4.234: 1 O.Writtel'! and .' . . .
oral objeCtions will be considered at the meeting. Noappeal.may be taken as to the'
, amount unlessasigned ,written objE3ction is filedwith . the/Clerk priort6tnehearing or
presented to the presiding officer at the,hearing. The Council may upon such notice.
, consider any (lbjectionto, the arnountof a pr()pos~d individualas~essment at an .'. '. .
adjour~ed meetingupon,suchfurthet notice to theaffe,cted property owners as It '
deems advisable: ..,' .'
The proposed assessment roll ison file for. public insp~ction ~t IhecityClerk's.. . .
Office.;.Thetotal amoimt of the proposed assessment is $ 4.234.10.; Written or oral..
objections will be considered at the meeting. No appeal may be taken as to the . .'.
amount unless a signed, written objection is filed with the Clerk prior to the hearing or
presented to the presiding officer at the hearing. The Council may upon such notice.
;.... cOl1siderany.objectionto the amount ofa proposedif'ldividualassessmentat an .
adjourned meeting upon such further notice to the affected property owners as it. '
deems advisable. . . ,.... .... ....
.'-",' .
uAm~~ ~ti\E\(
lB l.JS\)
/
October 25, 2000
063224330016
BRUCE & MARJORIE PERRY
17337 ROANOKE ST. NW
ANDOVER, MN 55304
Re: Navajo Street NW, 173'd Avenue NW & 175th Avenue NW Street Constructionl
Assessment/Project 99-28
Dear Property Owner:
Enclosed please find the public hearing notice for the proposed assessment for
street construction in the above mentioned area.
As you will note, the estimated assessment was $4,420.00 and the actual
assessment amount will be $4,234.10.
This parcel assessment will be deferred as discussed in previous public hearings.
If you have any questions, feel free to contact me at 767-5130.
Sincerely,
Scott B. Erickson, P.E.
City Engineer
SE:rja
Ene!.
J
063224330016 063224330019 07 32 24 22 0003
'RUCE & MARJORIE PERRY MICHAEL & BEVERLY KNIGHT FRANK & JACQUELINE
1'7337 ROANOKE ST. NW 4660 -175TH AVE. NW PADULA
ANDOVER, MN 55304 ANDOVER, MN 55304 4630 - 173RD AVE. NW
ANDOVER, MN 55304
07 32 24 22 0004 07 32 24 22 0005
FRANK & JACQUELINE PADULA FRANK & JACQUELINE PADULA
4630 - 173RD AVE. NW 4630 - 173RD AVE, NW
ANDOVER, MN 55304 ANDOVER, MN 55304
B LIST
,
('iAm?l~ \J~irf~
L~ l\S\)
/
October 25, 2000
06 32 24 34 0007
RICHARD & SM WANDERSEE
17315 NAVAJO ST. NW
ANDOVER, MN 55304
Re: Navajo Street NW, 173'd Avenue NW & 175th Avenue NW Street Construction!
AssessmenUProject 99-28
Dear Property Owner:
,
Enclosed please find the public hearing notice for the proposed assessment for
street construction in the above mentioned area.
As you will note, the estimated assessment was $4,420.00 and the actual
assessment amount will be $4,234.10.
If you have any questions, feel free to contact me at 767-5130.
Sincerely, .
Scott B. Erickson, P.E.
City Engineer
SE:rja
Encl.
.I
06 32 24 34 0007 06 32 24 34 0002 06 32 24 34 0006
"'ICHARD & SM WANDERSEE ROBERT & CONSTANCE LAVONNA NEWSTROM
/315 NAVAJO ST. NW PROTIVINSKY 17365 NAVAJO ST. NW
ANDOVER, MN 55304 17325 NAVAJO ST. NW ANDOVER, MN 55304
ANDOVER, MN 55304
06 32 24 34 0005 06 32 24 34 0004 06 32 24 34 0001
DALE & VERNA RENSLOW KURT & RITA DRISCOLL PHILIP & HELEN SPAULDING
4519 - 175TH AVE. NW 4539 -175TH AVE. NW 4605 - 175TH AVE. NW
ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
06322431 0002 06 32 24 32 0002 073224220011
C GONZALEZ & ML GRIFFIN STEVEN & ANNE GRESHAUN FRANK & JACQUELINE
4615 -175TH AVE. NW 4629 -175TH AVE. NW PADULA
ANDOVER, MN 55304 ANDOVER, MN 55304 4630 - 173RD AVE. NW
ANDOVER, MN 55304
063224330018 07322421 0016 06 32 24 34 0003
GREGORY ANDERSON FRANK & JACQUELINE PADULA WILLIAM & GERRI GAUSMAN
4622 -175TH AVE. NW 4550 - 173RD AVE. NW 4549 -175TH AVE, NW
ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304
/
A LIST
ANDOVER SPECIAL ASSESSMENTS " ~, ;. pT . ;:.-.... .
\ PROJECT NAME: Navaio St. NW. 173rd Ave, NW & 175th Ave. NW PROJECT NO.: 99-28
/
FEASIBILITY STUDY: Date August 1999 Amount $69.712.50 (Does not
include the reconstruction
of a Dortion of 175th Ave.
NW
CONTRACT AWARD: Date May 10. 2000 Amount $111.247.75
FINAL CONTRACT COST $99.567,21
Engineering: $20,660.00 -
Aerial Mapping (1 % of street) $ 996.00
Drainage Plan (0.3% of street/storm) $ 299.00
Administration (3%) $ 2,987.00
Assessing (1%) Invoice $ 996.00
Bonding (0.5%) $ 498.00
Advertising $ 345.00
Testing: $ 1,870.00
$ 3,658.00
Construction Interest
Streets $ 1,587.00
TOTAL EXPENSES (% of Final Contract Cost 34.043336) + $ 33,896.00
J TOTAL PROJECT COST = $133,463,21
TOTAL TRUNK SOURCE AND STORAGE
*City Share: $35.832,57 x 1,34043336 (See Table B) - $ 48,031.17
**Concrete Driveway @ 4615 175th Avenue NW - $ 750.00
Subtotal: $ 84,682.04
TOTAL TO BE ASSESSED $ 84.682.04
Current Assessment Per Lot:
$84.682,04 = $4,234.10
20 Lots
Assessment rate per lot per feasibility report $4,420.00
* To be charged to city overlay fund.
** To be billed to property owner.
I Assessment Rate Calculations
Streets
Final Construction Costs
Assessment Costs (Table A) $ 62,984.64
City Cost (Table B) $ 35,832.57 (To be charged to City Overlay Fund,
plus expenses)
Concrete Driveway @
4615 _175th Ave. NW $ 750 00 (To be billed to property owner)
Final Construction Cost $99,567.21
Total Assessment Costs
Final Construction Cost $99,567.21
Less City Cost $ 35,832.57
Subtotal (See Table A) $ 63,734.64
Plus Expenses 34.043336% $ 21,697.40
Less Concrete Driveway $ 75000
Total Assessment Cost $ 84,682.04
Assessment per Lot
,
Twenty lots were identified in the Feasibility report.
$84.682.04 = $4,234.10
20 Lots
Engineering costs for the project were $25,660,00. Additional engineering was required for the city
portion of the project so $5,000,00 was deducted from the engineering cost.
Table A
Assessment Cost for:
Navajo Street NW, 173rd Avenue NW & 175th Avenue NW Street Improvements
Project No. 99-28
ITEM DESCRIPTION . QUANTITY UNIT UNIT AMOUNT
NO. PRICE
1 Traffic Control 1 LS $ 1,500.00 $ 1,500.00
2 Road Reclaim Existing Bituminous 0 Sy $ 1.25 $ 0.00
3 Earth Shouldering Material Trucked In 0 CY $ 5.25 $ 0.00
4 Fine Grade & Reshape Subgrade 32 RS $ 45.00 $ 1,440.00
5 . Class 5 Gravel Base Trucked In & Placed 483 TN $ 9.00 $ 4,347.00
6 2%" Bituminous Wear Course (MnDOT 1375.24 TN $ 27.70 $ 38,094.15
2350)
7 Remove/Replace Concrete Driveway (6" 678.08 SF $ 3.00 $ 2,034.24
Thick
8 Sawcut Existing Bituminous or Concrete 100 LF $ 2.00 $ 200.00
9 Topsoil Borrow 294 CY $ 9.00 $ 2,646.00
10 Straw Erosion Blanket with Seed 4033 SY $ 1.25 $ 5,041.25
11 Sod 1323 SY $ 2.00 $ 2,646.00
12 Rip-rap Class 2 with Filter Fabric 0 CY $ 75.00 $ 0.00
13 15" Cmp Culvert 32 LF $ 30.00 $ 960.00
14 15" Cmp Apron 4 EA $ 175.00 $ 700.00
15 18" Cmp Culvert 16 LF $ 36.00 $ 576.00
16 18" Cmp Apron 2 EA $ 200.00 $ 400.00
17 Remove Tree 16 EA $ 150.00 $ 2,400.00
18 Catch basin Manhole 0 EA $ 1,200.00 $ 0.00
19 12" RCP Class 5 Storm Sewer Pipe 0 LF $ 32.00 $ 0.00
, 20 12" RCP Flared End Section 0 EA $ 650.00 $ 0.00
wrrrashguard
21 B618 Concrete Curb & Gutter 0 LF $ 9.00 $ 0.00
.22 Remove CMP Culvert 0 LS $ 750.00 $ 0.00
Assessable Cost $ 62,984.64
Concrete Driveway for 4615 -175th Ave. NW $ 750.00
Total $ 63,734.64
Table B
City Cost for:
175th Avenue NW Street Improvements
, Project No. 99-28
ITEM DESCRIPTION QUANTITY UNIT UNIT AMOUNT
NO. PRICE
1 Traffic Control 0 LS $ 1,500.00 $ 0.00
2 Road Reclaim Existing Bituminous 3341 SY $ 1.25 $ 4,176.25
3 Earth Shouldering Material Trucked In 0 CY $ 5.25 $ 0.00
4 Fine Grade & Reshape Subgrade 12.5 RS $ 45.00 $ 562.50
5 Class 5 Gravel Base Trucked In & Placed 184 TN $ 9.00 $ 1,656.00
6 2%" Bituminous Wear Course (MnDOT 537.34 TN $ 27.70 $ 14,884.32
2350)
7 Remove/Replace Concrete Driveway (6" 0 SF $ 3.00 $ 0.00
Thick
8 Sawcut Existing Bituminous or Concrete 0 LF $ 2.00 $ 0.00
9 Topsoil Borrow 116 CY $ 9.00 $ 1,044.00
10 Straw Erosion Blanket with Seed 462 SY $ 1.25 $ 577.50
11 Sod 332 SY $ 2.00 $ 664.00
12 Rip-rap Class 2 with Filter Fabric 14 CY $ 75.00 $ 1,050.00
13 15" Cmp Culvert 0 LF $ 30.00 $ 0.00
14 15" Cmp Apron 0 EA $ 175.00 $ 0.00
15 18" Cmp Culvert 0 LF $ 36.00 $ 0.00
16 18" Cmp Apron 0 EA $ 200.00 $ 0.00
17 Remove Tree 1 EA $ 150.00 $ 150.00
18 Catch basin Manhole 2 EA $ 1,200.00 $ 2,400.00
19 12" RCP Class 5 Storm Sewer Pipe 24 LF $ 32.00 $ 768.00
I 20 12" RCP Flared End Section 2 EA $ 650.00 $ 1,300.00
wrrrashguard
21 B618 Concrete Curb & Gutter 650 LF $ 9.00 $ 5,850.00
22 Remove CMP Culvert 1 LS $ 750.00 $ 750.00
City Cost Total $ 35,832.57
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE November 9, 2000
AGENDA
SECTION ORIGINATING DEPARTMENT
Discussion Finance
~~liC Hearing Jim Dickinson
Assessment Bearing/Certify Delinquent Utility Bills
BACKGROUND:
The owners of the parcels with delinquent sewer, water and/or street lighting service charges
have been notified of the proposed assessment and certification process. The delinquent balance
for the proposed assessment totaled $21,372.83 as of September 30, 2000.
-
Notice of the assessment hearing was mailed to affected property owners on October 6,2000.
Payments received through November 2nd have been applied to the delinquent accounts,
reducing the delinquent balance to $4,522.35. An administrative fee equal to 15 percent of the
delinquency plus interest of 8 percent is added to each delinquent account. Therefore, the total
assessment for delinquent sewer, water and street light services is $5,400.57.
REQUEST:
The Andover City Council is requested to approve the attached resolution adopting the
assessment roll after the Council has met, heard and passed upon all objections for delinquent
sewer, water and street lighting service charges.
The resolution adopting the assessment roll is attached.
\ CITY OF ANDOVER
/ COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE CERTIFICATION OF
DELINQUENT SEWER, WATER AND/OR STREET LIGHTING SERVICE CHARGES.
WHEREAS, pursuant to a proper notice duly given as required by law, the council has
met, heard and passed upon all objections to the proposed assessment for the delinquent sewer,
water and/or street lighting service charges.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER,
MINNESOTA:
1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is
. hereby accepted and shall constitute the special assessment against the lands named therein, and
each tract ofland therein included is hereby found to be benefited by the proposed improvement
in the amount of the assessment levied against it.
.- 2. Such assessment shall be payable in one annual installment on or before the first
Monday of January, 2001 and shall bear interest at the rate of 8 percent per year.
3. The owners of any property so assessed may, at any time prior to certification ofthe
assessment to the County Auditor, pay the whole of the assessment on such property with
interest accrued to the date of payment, to Connexus Energy, except that no interest shall be
charged if the entire assessment is paid within 30 days from the adoption of the resolution.
Motion by Council member , seconded by Council member and adopted by the
City Council of the City of Andover on this 9th day of November, 2000.
CITY OF ANDOVER
ATTEST:
Victoria V olk - City Clerk J.E. McKelvey, Mayor
2000 11/2100
List of Delinquent Utility Bills
To Be Assessed to County Auditor
,
; Amt. Certified
PIN# Service Address Amount Includina 23%
34-32-24-34-0026 2139 134th Avenue NW 59.74 73.48
34-32-24-43-0030 1879134th Lane NW 71.90 88.44
34-32-24-33-0020 2333 135th Avenue NW 62.95 77.43
33-32-24-44-0008 2427 135th Avenue NW 41.07 50.52
32-32-24-42-0020 3501135th Lane NW 19.82 24.38
33-32-24-41-0044 2450 136th Lane NW 11.63 14.30
33-32-24-13-0052 2720 138th Avenue NW 188,32 231,63
33-32-24-21-0052 2955 139th Avenue NW 26.40 32.47
32-32-24-12-0035 3479139th Avenue NW 87.50 107.63
32-32-24-24-0032 3719 139th Avenue NW 356,07 437.97
36-32-24-12-0023 276 139th Lane NW 99,88 122.85
36-32-24-22-0025 635 139th Lane NW 97,39 119,79
36-32-24-21-0032 475 140th Avenue NW 27.64 34.00
36-32-24-21-0027 543 140th Avenue NW 209.40 257.56
34-32-24-21-0002 2111 140th Lane NW 319,80 393.35
32-32-24-21-0021 3616 140th Lane NW 101.05 124.29
28-32-24-34-0048 2925141stAvenue NW 26,25 32.29
26-32-24-33-0056 1576141st Lane NW 51,50 63.35
27-32-24-34-0058 2106141st Lane NW 74,39 91,50
29-32-24-43-0088 3441142nd Avenue NW 26.40 32.47
I 29-32-24-43-0015 3542 142nd Avenue NW 102,68 126.30
29-32-24-31-0085 3605 143rd Avenue NW 89,00 109.47
26-32-24-32-0074 1547 144th Avenue NW 17.74 21.82
30-32-24-14-0011 4039146th Lane NW 109.24 134.37
27-32-24-11-0027 1672 148th Lane NW 48,03 59,08
22-32-24-33-0026 2255 149th Avenue NW 25,80 31,73
22-32-24-34-0029 2107 150th Avenue NW 58.80 72.32
09-32-24-41-0005 2569 - 168th Lane NW 46.44 57.12
09-32-24-42-0016 2686 - 168th Lane NW 46.44 57.12
09-32-24-42-0015 2762 - 168th Lane NW 46,44 57.12
12-32-25-24-0002 5347 169th Lane 10,55 12.98
32-32-24-22-0058 14028 Aztec Street NW 133.02 163.61
26-32-24-23-0056 14554 Bluebird Street NW 345,95 425.52
26-32-24-24-0038 14613 Bluebird Street NW 46,64 57.37
26-32-24-24-0015 14677 Bluebird Street NW 77.24 95,01
33-32-24-14-0015 2543 Bunker Lake Blvd 84,00 103,32
33-32-24-14-0014 2557 Bunker Lake Blvd 84,00 103.32
33-32-24-11-0007 14021 Crosstown Blvd NW 82,89 101.95
27 -32-24-31-0008 14351 Crosstown Blvd NW 222.66 273,87
23-32-24-23-0088 15389 Eagle Street NW 11,07 13.62
36-32-24-13-0026 13839 Goldenrod Street NW 79.44 97.71
27 -32-24-14-0081 14540 Ibis Street NW 142.89 175.75
29-32-24-41-0036 14409 Jonquil Street NW 156.41 192,38
32-32-24-41-0045 13662 Marigold Street NW 80,33 98,81
32-32-24-41-0019 13564 Narcissus Street NW 26.40 32.47
17-32-24-14-0009 16177 Narcissus Street NW 46.44 57,12
32-32-24-14-0011 13838 Orchid Street NW 78.34 96,36
Page 1
2000 11/2100
List of Delinquent Utility Bills
To Be Assessed to County Auditor
'\
) Amt. Certified
PIN# Service Address Amount Includina 23%
34-32-24-21-0032 14038 Partridge Street NW 44,50 54.74
27-32-24-31-0028 14430 Quinn Drive NW 85,90 105,66
15-32-24-32-0039 15911 Swallow Street NW 26.40 32.47
08-32-24-31-0004 16738 Tulip Street NW 10.55 12.98
29-32-24-31-0137 14406 Underclift Street NW 61,81 76.03
33-32-24-41-0039 13659 Xavis Street NW 35,21 43,31
TOTALS 4,522.35 5,400.57
Page 2
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
,
/ DATE: November 9.2000
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion City Clerk ~.~)Y
ITEM NO.
Assessment Hearing/Certify Delinquent Mowing Charges
8J.
A public hearing has been scheduled for 7:00 pm to certify delinquent mowing charges to the
2001 taxes. There is only one property that is delinquent.
Attached are a copy of the public hearing notice and the assessment roll.
, NOTICE IS HEREBY GIVEN thatthe9tyCouncilofthe CitY ofAnuover,Anoka.
County ; Minnesota will meet at AridoverCity Hall, 1685 Crosstown Boulevard NW,
Andover, Minnesota on T~esday, November 9, 2000 at7:00 PMto pass upcm the ' ,
, proposed assessment for the improvement of delinquent mowing charges intheCity of
Ahdover. ' ",.,,'
The proposed assessment roll is on file for public inspection attheCity Clerk'~ office,
The total amount of the proposed assessment roll is$105.00.' Written or oral~bjections "
willbeconsidered atthe meeting. No appeal may be taken as to the amount unless a
'signed,writtenobjectiori iffiled with the Clerkpriortothe heaTIng or presentedtothe'
presiding officer at the hearing; ,The Council may upon such notice consider any
obj~ction to the amount ofa propo~ed individual assessment at an adjourned meetin&, .
. , upon such further notice to the affected property owner as it deems ,advisable. '
. . .. .
An owner m~y appealan assessment to the District Court pursuant to Minnesota Statutes
Section429.081 by serving notice of the appeal upo~tlieMayor or Clerk 'of the city
"within30 days after adoption of the assessment andfilirigsuch notice withtheDistrict
" Court within,ten days after service upon the Mayor or Clerk. "
\ DELINQUENT MOWING CHARGES
)
Interest &
PIN Delinquent Mowing Charge Administrative Fee Total
323224410019 $105.00 24.15 129.15
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
, J DATE: November 9.2000
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion City Clerk 0,D)Y
ITEM NO.
q~nvass Election Results
The City Council is requested to canvass the results of the General City Election that was held
on Tuesday, November 7, 2000.
The information will be provided at the meeting.
I
, I
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
,
J DATE: November 9. 2000
AGENDA SECTION
ORIGINATING
DEPARTMENT
Staff, Committees, Commissions Finance
Jim Dickinson
ITEM NO.
5.
Brimeyer Group Presentation I City Administrator Profile
Jim Brimeyer of the Brimeyer Group, Inc. will be present to discuss the attached City
Administrator position profile.
j
J
J
DRAFr
The City of Andover, Minnesota
City Administrator
Position Profile
The Community
The City of Andover, Minnesota is located on the northern edge of the Twin Cities metropolitan
area, 20 miles north of Minneapolis. Once touted as the best kept secret of Anoka County, the
City of Andover has rapidly grown from a population of9,387 in 1980 to 25,000 residents today.
A strongly residential community, Andover has added thousands of new housing units over the
last five years in a wide variety of price ranges and lot sizes. In 1999, residential permits
numbered 411 and were issued at a value of$47.7 million.
Commercial activities have increased accordingly and the City is currently promoting the
redevelopment of the existing commercial area. In 1999, five commercial building permits were
issued valued at $1.4 million. The Commercial Park is near full capacity. The City's largest
employers are Kottkes Bus Service, Festival Foods, Andover and Crooked Lake Elementary
Schools, Ed Fields & Sons, the Anoka Park Clinic, and the Anoka County Highway Department.
It is anticipated that the number of retail and service oriented businesses within the City will
continue the growth pattern displayed in 2000. Farming continues to thrive in Andover with
over 1600-acres of vegetable and sod farms in the Agricultural Preserve Program.
Over the past five years the City acquired eight auto salvage yards and has redeveloped the
majority of the site as the Andover Station Commercial Park. Currently nine new businesses are
under construction with an expected buildout of the Park by 2005.
The Andover Community Center Complex serves as a central congregation point for many
community activities and houses the City offices, Public Works Department, Fire Station
Number Three, and the Senior Center.
HISTORY
The City of Andover was founded in 1857 as Round Lake Township and changed to Grow
Township in 1860. In 1972 the Village Board changed the name to Andover Village to reflect
the unofficial historic name. According to legend, a Great North Railroad Train had derailed
prompting an eyewitness to relate the incident saying it "went over and over". In 1974, Andover
became a City of the fourth class.
I
/
Education/Recreation/Health Care
Andover is served by the St. Francis School District #15 and Anoka Hennepin School District
#11. With newly constructed facilities and excellent programs, the St. Francis schools provide
educational opportunities for approximately 4,500 students. Anoka Hennepin School District
covers 172 square miles and includes 27 elementary schools, six middle schools, four senior high
schools, and two kindergarten centers. The District serves the south four-fifths of Andover with
a total emollment of39,000 students in grades K-I2. Three of the District schools, Crooked Lake
Elementary, Andover Elementary School, and Meadow Creek Middle School are located within
the City of Andover. A new high school to be located in Andover will soon be under
construction.
Anoka-Hennepin Community Education provides classes for youth and adults at Crooked Lake
Elementary, Andover Elementary, and Meadow Creek Middle School. Numerous private and
public colleges and universities may be found throughout the metropolitan area within 20 miles.
More than 400-acres of community and neighborhood parks exist in Andover. Prominent is
Kelsey/Round Lake Park which features the lake and 1I5-acre nature area for hiking and skiing.
Sunshine Park encompasses six ballfields and a pavilion. The City Hall area of the Community
Center Complex contains 36-acres of play fields and playground equipment. Additionally, many
small neighborhood parks have been developed. Other recreational facilities include the
Crooked Lake Boat Landing and several canoe access points on the Rum River. Over 400-acres
of the Anoka County/Btmker Hills Regional Park are located within the City of Andover. The
Park features an activity center and facilities include trails for hiking, biking, and cross county
skiing as well as a campground and the Btmker Hills Wave Pool. The City maintains numerous
ice and hockey rinks.
Approximately 26 doctors serve Andover residents in two medical and two dental clinics. The
nearest hospital is Mercy Hospital located in Coon Rapids. Additional medical and hospital
facilities are located in Coon Rapids and Anoka.
City Services
The general fund budget for 2000 is $7 million. The City employs 52 full-time employees.
Andover's law enforcement needs are fulfilled through a contract with the Anoka County
Sheriffs Department. A patrol substation is located in the City. A professional volunteer fire
department serves the community and is managed by a full-time Chief.
j
The City's water source is wells with a storage capacity of 1,5 million gallons. Electricity is
provided by Connexus Energy and natural gas by Minnegasco. Wastewater treatment is
provided through the Metropolitan Council Environmental Services.
The Organization
Andover is a Plan A Statutory city governed by a Mayor and four Council members serving at
large. Elections for the Mayor and Council are held in even munbered years. Several
commissions advise the City Council including Parks and Recreation, Planning and Zoning,
Andover Economic Development Authority, and the Equestrian Council.
Organization Chart
City Council
City Administrator
City Attorney Secretary
County Sheri IT
Police Contract
Fire Chief Building Official C.D. Director Finance Director Engineer City Clerk Public Works
The Position
The City Administrator directs all City operations as delegated by the City Council through a
subordinate Department Head structure. The Administrator is the primary liaison with the City
Council to inform them of relevant projects and issues.
Specific responsibilities include:
. Recommend policy changes and communicate Council decisions to the staff.
. Serve as the key representative in cooperative efforts with other governmental or private
entities.
I
;
. Supervise all personnel and make recommendations regarding employment and dismissal to
the City Council with the exception of budgeted temporary personnel.
. Administer personnel matters, develop and issue administrative rules, policies, and
procedures.
. Negotiate terms and conditions of employee labor contracts for presentation to the City
Council.
. Attend and participate in all meetings of the City Council and coordinate the agendas for the
Council, Planning and Zoning, and Park Commission.
. Maintain good public relations with the citizens of the community.
. Consult with officials of public and private agencies, as required. Lobby at the legislature
when necessary.
. Oversee the preparation of the annual fiscal budget and Capital Improvement Plan.
. Supervise the purchasing function.
. Negotiate or delegate the acquisition of merchandise, materials, and equipment. Monitor all
consultant work.
Background and Experience
Candidates for the City Administrator position will possess a Bachelor's Degree (M.A.
preferred) in public or business administration, finance, economics or a related field and five to
ten years experience in municipal government administration with a minimum of five years in a
responsible management position.
Qualified candidates will possess:
. Experience in budget preparation, municipal accounting, and debt structuring.
. Significant experience in economic development, EDA guidelines, and municipal financing
methods including Tax Increment Financing.
. Strong personnel management orientation and an understanding of staff needs, Experience in
union issues, collective bargaining, and grievance procedures.
,
.-
. Experience in park and recreation programming and trail development.
. Understanding of growth issues in a suburban environment. Experience in a developing
community is a plus.
. Experience in joint ventures and partnering with schools, other communities and
governmental entities.
. Ability to keep abreast with the appropriate technology for a municipal operation.
. Experience in Comprehensive Plan development.
. Familiarity with regional government and working with a regional regulatory agency.
. Experience in working with volunteer fire departments.
. Knowledge of transportation issues.
. Possess excellent strategic thinking and planning skills.
Management Capabilities
. Work collaboratively with staff while maintaining a leadership position.
. Be able to make the tough decisions backed up by research and knowledge.
. Possess excellent oral and written communication skills. Enjoy making public presentations
and speeches.
. Develop a successful working relationship with the Council. Strive to devote equal time to
all Councilmembers individually but be mindful of carrying out the directives of the Council
as a whole.
. Assist Department Heads in their supervisory responsibilities,
. Be active in professional associations,
/ . Be cognizant of rural issues versus urban desires.
/
Community and Position Priorities
. Build a relationship with the City Council. Become familiar with the City's goals and
direction.
. Work with the staff, Council, community leaders, and school representatives to resolve local
school construction issues including necessary utilities and infrastructure.
. Work with the City's various athletic groups to resolve space needs for programs and
activities.
. Examine the current personnel policies and the Human Resources functions.
. Develop a formal Capital Improvement Plan with financing options.
. Set up neighborhood meetings devoted to pertinent street and development issues.
/
. Assist in marketing and recruiting appropriate businesses to the Andover Station
Development Area.
. Seek approval from the Met Council for the recent submission of the Comprehensive Plan.
. Implement the City's strategic plan.
. Work with the Metropolitan Council on planning housing goals for the City and the
management of the pace of growth.
. Explore more involvement in the Habitat for Humanity Program or similar housing programs
designed to provide affordable housing.
. Explore the development ofa Community Center with the City of Ramsey.
. Determine public interest in building an Ice Arena.
. Evaluate the need to expand the public works facilities and construct a water treatment
facility.
J . Expedite the hire of a new Fire Marshal, Parks Coordinator, and Human Resources Director.
j
Announcement
City Administrator, Andover, Minnesota (pop. 25,000). Starting salary $73,378 to $92,884
Position reports to a four-member Council and Mayor. Responsible for supervising a staff of 52
and a $7 million budget. Departments include public works, administration, community
development, building, finance, engineering, and fire. Police services are contracted through
Anoka County. Qualifications include Bachelor's degree (M.A. preferred) and five to ten years
experience in municipal government with 5+ years in a management position. Requires specific
experience and knowledge of personnel, community growth issues, planning, and working with a
regional agency. Position Profile available. Send resume by 12/8/00 to: The Brimeyer Group
Executive Search, 50 S. 9th Ave, #101, Hopkins, MN 55343, phone: (952) 945-0246, Fax: (952)
945-0102, e-mail: RrimGmllp@onl l'nm, Internet: http-//Rrim"y"rln<tontTnt"rvi"w l'nm
Timetable
J
12/8/00 Deadline for Application
12/19/00 Present Candidates
1/5 and 1/6/01 Interviews/Selection
February 2001 Start Date
j
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
/ DATE: November 9,2000
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Community Development
ITEM NO. David L. Carlberg
lo, Community Development Director
Consider Participation in
Metropolitan Livable Communities Act
Local Housing Incentives Program
for 2001
The City Council is requested to consider participating in the Metropolitan Livable Communities Act
Housing Incentives Program for 2001. Attached is a letter from Elizabeth J. Ryan, Director of Housing
& Livable Communities of the Metropolitan Council encouraging Andover's participation in the
program.
The benefit to the City in participating in the program allows the City potential access to a $15 million
fund for maintaining or developing housing, clean up of polluted sites, etc.
I
If the City is to participate, the City would be required to contribute on an annual basis an "Affordable
and Life-cycle Housing Opportunities Amount (ALHOA). The amount that would need to be
contributed or spent by the city in 2000 is $33,440.01. The amount of contribution is based on a formula
prescribed by law (Livable Communities Act of 1995) that utilizes market value, tax capacity and tax
rates by the county assessor. Attached is an explanation on how the ALHOA amount is determined.
This is the minimum amount that must be contributed or spent by the City in 2000 towards housing
assistance, development or rehabilitation programs, etc. In addition, the City must also establish that the
City spent or will spend the ALHOA amounts required in 1997 (0$), 1998 ($11,210.83) & 1999
(21,505.72). The total amount for 1997-2000 is $66,156.56. The City's TIF assistance for "The
Farmstead Project" is a qualified contribution and one year ofTIF assistance exceeds the entire ALHOA
amount. No general fund dollars need to be expended by the City.
In addition to the financial contribution, the City is also required to adopt affordable and life-cycle
housing goals for the City. As the Council is aware, the City has adopted negotiated housing goals.
If the City Council chooses to participate in the program for 2001, a decision must be made by
November 15, 2000. Attached is a model resolution provided by the Metropolitan Council for Council
consideration.
Note: It appears that there are also federal transportation dollars tied to the participation in "The Act"
that the City and/or Anoka County would not be eligible for, for transportation improvements within the
City.
~ Metropolitan Council RECEIVED
Working for the Region, Planning for the Future
Mvu .L l) LUupII!I
DATE: August 4, 2000 CITY OF /":DrJ"fR
I . . ~, I]. . '\ V ... J
TO: City Managers, Administrators, and Township Clerks
FROM: Elizabeth J. Ryan, Director of Housing & Livable Communities tL
SUBJECT: Certification of2000 ALHOA (Expenditures in 2001)
Your community is encouraged to participate with other neighboring communities and the Metropolitan
Council in contributing to the region's overall economic competitiveness through the provision of
affordable and life-cycle housing by enrolling in the Metropolitan Livable Communities Act (LCA) Local
Housing Incentives Account Program.
Participation in this program is voluntary but is required if your community wants access to a $15 million
fund for maintaining or developing housing to meet needs oflocal residents and the region, clean up
polluted sites or undertake examples of development that links housing, employment and transportation.
In 2000, 104 communities participated. To participate, communities must formally elect to do so, and
agree to make a local contribution of dollars to meet local affordable or life-cycle needs.
Looking ahead to 2001, the Metropolitan Council seeks your community's participation in Livable
Communities efforts. As part of the LCA legislation, the Council provides to each community on an
, annual basis an "Affordable and Life-cycle Housing Opportunities Amount (ALHOA)". The ALHOA is
derived from the formula prescribed in law including market value, tax capacity and tax rates by the
county assessor. It is the minimum amount oflocal expenditure to support or assist the development of
/ affordable and life-cycle housing or maintain and preserve such housing in order to continue participation
in the program.
Communities have some flexibility in determining which local expenditures fulfill their ALHOA
contribution. Examples include housing assistance, development or rehabilitation programs, and local
housing inspection and code enforcement, or local taxes to support a local or county HRA.
If you should choose to begin participation or renew past participation in the LCA in 2001, the ALHOA
expenditure for your community is indicated on the enclosed ALHOA notification. The law also requires
that you establish that the community spent or will spend the ALHOA that was required through the
formula from 1997 through 2000. You may not have kept a record of your community's ALHOA for
those years, but we will he happy to get you this information upon request.
Your community's intent to participate in the 2001 LCA Local Housing Incentives Program is needed by
Nov. 15. To help you begin preparations, a model resolution is enclosed. Planning assistance for staff or
information presentations for elected officials are available by contacting your sector representative (see
below). Questions about the ALHOA can be referred to Guy Peterson at 651/602-1418.
Thank you for your consideration.
Sector Representatives:
Dakota, Anoka and Ramsey Counties Sandra Pinel 651-602-1513
Washington County Bob Mazanec 651-602-1330
Scott and Carver Counties Tom Caswell 651-602-1319
Hennepin County Phyllis Hanson 651-602-1566
Minneapolis & St. Paul Richard Thompson 651/602-1457
v:\library\oommundv\petenon\2000\080400aJhoa Itr to nonpart.doc
230 East Fifth Street St. Paul. Minnesota 55101-1626 (651) 602-1000 Fax 602-1550 IDD/TIY 291-0904 Metro Info Une 602-1888
An Equal Opportunity Employer
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EXPLANATION OF
AFFORDABLE LIFE-CYCLE HOUSING OPPORTUNITIES
I
FOR THE YEAR 2000
TO BE EXPENDED IN 2001
Simply stated, here's how we determined you community's ALHOA for 2000 that is to be
expended in 2001.
First, we determined the average market value of your city's houses in 1995, doubled it to
arrive at a base value. We then found all ofthe 1995 high priced houses that were above
this base amount and subtracted the base value from each of those high priced houses to
arrive at an excess value number for each house. Next we added up all of those high priced
house's excess values to arrive at the total base year excess number. This 1995 number
doesn't change.
We did the same for the current year, this time using the current market values for the
houses and the current base value using the Consumer Price Index change according to the
requirements of the legislation,
If the current year's excess is bigger than the 1995 excess, we subtracted the 1995 excess
from the current year's total excess to arrive at the Growth in Excess. We multiplied that
Growth in Excess times your city's tax rate. This is the Affordable and Life Cycle Housing
Opportunities Amount for this year. This means that if there is no growth in the total excess
from 1995, then there is no Opportunities amount.
Definitions:
HOMESTEAD
A homestead is defined as property regularly "homesteaded" by its owners. For farm
homes, it represents the assessment of the farm house, a garage and one acre ofland only.
CONSUMER PRICE INDEX (CPI)
The Consumer Price Index measures the inflation factor in the U.S. economy. The
Department of the Interior publishes this rate monthly along with a yearly average. For this
program, the yearly average CPI is used.
To ensure that this base value does not lose its meaning in future years the base value is
increased by the CPI each year. This increased value approximately represents the effect of
inflation on the market value of houses in your city. By changing the base value every
year, the houses that were not included in the first base year calculation should not be
included in future years just because the market value has increased due to inflation,
Refer to attached sample city printout for assistance
Column A-Any town
Thisis the name of your city
/
Column B--2500,000
This is the 1999 value used for identifying homesteads in your city that were above this
hurdle number. This hurdle number was the result of multiplying the base value (see above
for the definition of the base value) times the CPI change from 1995 to 1999.
Column C-255,736
This is the 2000 value used for identifying homesteads in your city that were above this
hurdle number. It is exactly like Column B, except the CPI change is now from 1995 to
2000.
Column D-200,000
This is the 1995 sum of all houses having values above the base value. It represents only
those houses that were above the base value, and reflects only the amount left over after
subtracting the base value from each house valuation. For example: If a high priced house
had a value of $ 240,000 and the base value for the city was $ 235,000, then that high
priced house had an excess of 5,000 (240,000 - 235,000 = 5,000). This original amount
does not change. This original figure is used as the basis to determine if you city has had
any growth in high priced homes since 1995.
Column E-250,000
This is the 2000 sum of the high priced homes having values above the current hurdle rate
found in Column C. Like Column D, it represents only the excess amounts not the entire
home value,
Column F-50,000
Quite simply this is Column E minus Column D. If your city has added higher priced
homes since 1995 you should have a balance in this column. If you city has not seen an
increase in the higher priced homes since 1995 there should be no balance in this column.
There is no negative balance in this column. All negative values become zero. This
number is the basis for all subsequent calculations on this form.
Column G-12,500.00
This number is your increased growth in higher priced homes (Column F) multiplied by
you city's local tax rate (Column K). It represents the extra property taxes received by
your city on the higher priced homes identified in Column E.
Column H-230,000
This number is the total of all homestead property tax capacity (not market value of the
properties) in your city times 4%. The number is calculated and supplied by your County
, , Auditor. Why 4%? Since all higher priced homes will have a value above $72,000, then
, I their tax capacity would be at 2%. However, since the program doubles the market value
to arrive at the base value, then the tax capacity on the homestead tax capacity should also
be doubled or 4% (2% x 2 = 4%),
Column 1-57,500.00
This number is the result of multiplying the 4% Homestead Tax Capacity (Column H)
times your city's local tax rate (Column K).
Column J-12,500.00
This column is the lower of Column G or Column I. Simply stated it represents the
calculated extra property taxes your city receives from these higher priced houses. In some
cases these extra property taxes may be the 4% Homestead Tax Capacity number (Column
J) rather than the Excess Growth number (Column G), In those instances, the growth of
high priced homes is faster that 4% ofthe net tax capacity for the city.
Column K-25.000 0/0
This is your city's localtax rate for 2000 as certified by your County Auditor.
Column L---12,500.00
This is the same as Column J. It represents the Affordable Life-Cycle Housing
Opportunities Amount for 2000,
Column M-125
This is the actual number of higher priced homes that had values above the 1999 hurdle
rate,
Column N-150
This is the actual number of higher priced homes that had values above the hurdle rate for
2000.
,
I
I A I 8 II c II 0 I E II F II G II H II I I
40/0 of Total
Payable 1999 Payable 2000 Growth Excess 4 % of Total Homestead Ta
Market Value Market Value in x Homestead Tax Capacity
Cityffownship Base Amount Base Amount Excess Local Rate Capacity x Local Rate
IAnytOml I 250,000 I I 255,736 I I 200,000 I 250,000 II 50,000 I I 12,500 II 230,000 II 57,500,00 I
I J I I K II L I I M \ N I
Affordable & Life
Lessor of Grol\1h Pay 2000 Cycle Housing Number of
in Excess 0 r 40/0 City Tax Opportunities Homesteads
Home Tax Capacity Rate Amount I in 1999 I in 2000 I
I 12,500,00 I I 25,000%1 I 12,500.00 I I 1251 1501
MODEL
RESOLUTION
, RESOLUTION NO.
RESOLUTION ELECTING TO BEGIN PARTICIPATING IN
THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM
UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT
CALENDAR YEAR 2001
WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statues Section 473.25 to 473.254)
establishes a Metropolitan Livable Communities Fund which is intended to address housing and other
development issues facing the metropolitan area defined by Minnesota Statutes section 473.121; and
WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base Revitalization Account,
the Livable Communities Demonstration Account, the Local Housing Incentive Account and the Inclusionary
Housing account, is intended to provide certain funding and other assistance to metropolitan area
municipalities; and
WHEREAS, a metropolitan area municipality is not eligible to receive grants or loans under the Metropolitan
Livable Communities Fund or eligible to receive certain polluted sites cleanup funding from the Minnesota
Department of Trade and Economic Development unless the municipality is participating in the Local Housing
Incentives Account Program under the Minnesota Statutes section 473.254; and
WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with
each municipality to establish affordable and life-cycle housing goals for that municipality that are consistent
with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan
. Development Guide; and
WHEREAS, by June 30, municipalities electing to participate in the Local Housing Incentive Account
Program must identify to the Metropolitan Council the actions they plan to take to meet the established
housing goals; and
WHEREAS, the Metropolitan Council must adopt, by resolution after a public hearing, the negotiated
affordable and life-cycle housing goals for each municipality; and
WHEREAS, a metropolitan area municipality which elects to participate in the Local Housing Incentives
Account Program must do so by November 15 of each year; and
WHEREAS, for calendar year 2001, a metropolitan area municipality that did not participate in the Local
Housing Incentive Account Program during the calendar year 2000, can participate under Minnesota Statutes
section 473.254 if: (a) the municipality elects to participate in the Local Housing Incentives Program by
November 15, 2000; (b) the Metropolitan Council and the municipality successfully negotiate affordable and
life-cycle housing goals for the municipality; (c) the Metropolitan Council adopts by resolution the negotiated
affordable and life-cycle housing goals for the municipality; and (d) the municipality agrees to establish that it
has spent or will spend or distribute to the local housing incentives account the required ALHOA for 1997
through 2000.
NOW, THEREFORE, BE IT RESOLVED THAT the {specific municipality} hereby elects to participate in
the Local Housing Incentives Program under the Metropolitan Livable Communities Act during the calendar
year 2001.
By: By:
Mayor Clerk
V:\L1BRARY\COMMUNDV\PETERS0N\2000\LCA new part res OOdoc,doc
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
.I
DATE: November 9, 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Administration
ITEM NO.
Discuss and Authorize David L. Carlberg
CondemnationlEveland Property Acting City Administrator
1.Removal of Ag Preserve Designation
The City Council is requested to discuss and if desired authorize the necessary procedure(s) to
remove the Agricultural Preserve designation from the Don Eveland property for the
development of ball fields. The property is located just west of the high school site and adjacent
to the ball fields planned by School District 11. Based on the review and opinion from Bill
Hawkins, City Attorney (letter attached), utilizing eminent domain proceedings (condemnation)
appears to be the only realistic way to remove the designation.
Staff is currently preparing a preliminary design of three ball fields on 9.7 +/- acres. The design
.I and the joint use of the fields will be discussed with the soon to be created task force as
discussed at the October 19,2000, City CouncilJPark Commission meeting.
Staff has discussed potential options with Mr. Eveland and kept him informed as to the direction
the City may be taking.
I I
Hl/17/00 08:35 LRW OFFICES 2140 4TH RVE ~ 763 755 8923 NO.017 GJ02
L..... 0Fl'1a;s OF
William G. Hawkins and Associates
2140 FOURTH A\lEJllue: No1m'
Ltgal Assistant A./olOKA. MINl"ESOTA 55303
WluJAM G. HAWKlNS TAMMI J. UVEGES PHONE (763) 427.g877
FAX (763) 421-4213
BARRY A, SULLIVAN E.MAIl. HawJd.aw l@aol.com
October 16. 2000
The Honorable Jack McKelvey and Members of the
Andover City Council
City of Andover
1685 Crosstown Boulevard NW
Andover, MN 55304
Re: Agricultural Preserve Statute
Dear Mayor and Council Members:
I This letter is to outline the procedure for the CitY Council concerning the possible
acquisition of additional land near the new high school for construction of ball fields.
It is my understanding that the property is currently located in an agricultural preserve
district.
Minn. Stat. H 473H.1 through .18 establishes the metropolitan agriculwral preserve
districts and governs their establishment and termination. Generally an agricultural
preserve designation cannot be removed for eight years after a request by the
property owner or the city for removal of this designation. Minn. Stat. ~ 473H..15
does allow governmental agencies to commence eminent domain proceedings and to
have the agricultural preserve designation cease on the date that the final certificate
indicating completion of the eminent domain proceedings is filed with the court
administrator. That is approximately 90 days after starting the legal proceedings.
Generally the procedure is as follows. If the City wishes to acquire land having a
gross area of over ten acres in size in an agricultural preserve there is a specific
procedure under this statute that must be followed. At least sixty days prior to the
commencement of an eminent domain action a notice of intent shall be filed with the
environmental quality board containing the information and in the manner and form
required by the environmental Quality board. The notice of intent shall contain a
report justifying the proposed action including an evaluation of the alternatives which
OCT 17 2000 08:33 421 4213 PAGE. 02
10/1'7/"'~ l::ll::l: oS=> LHW U~~ICES 2140 4TH RUE ~ 753 755 8923 NO.017 (;103
Mayor and Council Members
October 16. 2000
Page 2
would not require acquisition within the agricultural preserves. The EOB, in
consultation with affected units of government. shall review the proposed action to
determine the effect of the action on the preservation and enhancement of
agricultural and agricultural resources within the preserves and the relationship to
local and regional comprehensive plan. If the EOB finds that the proposed action
might have an unreasonable effect on agricultural preserves, the EOB shall issue an
order within the 60 day period for the city to desist from such action for an additional
60 day period. During the additional 60 day period. the environmental quality board
shall hold a public hearing concerning the proposed action at a place within the
affected preserve or otherwise easily accessible to the preserve upon notice in the
legal newspaper. The EOB has the power to suspend any eminent domain action for
UP to one year if it determines the action to be contrary to the purposes of Minn.
Stat. !i 473H. If the EQB does not object to the eminent domain proceeding, the
restrictive covenant for the portion of the agricultural preserve taken shall cease on
the date the final certificate is filed with the court administrator.
It appears from a literal reading of the statute that if the area to be acquired is less
/ than ten acres in size. there is no need for the EOB to approve the acquisition. The
City may commence the eminent domain proceeding without the EOB approval and
the preserve cease on the date the final certificate is filed with the court
administrator.
If any Council members have any questions regarding this matter, please feel free to
contact me.
William G. Hawkins
WGH!tju
i Enclosure
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I
I
,
:
OCT 17 2000 08:34 421 4213 PAGE. 03
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
/ DATE: November 9. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Planning
ITEM NO.
Approve Ordinance No. 270 Jeff Johnson, Zoning Administrator
Antennas and Towers
~.
Request
The City Council is asked to review and approve Ordinance No. 270 - An Ordinance Regulating
the Construction and Maintenance of Private and Commercial Antennas and Towers.
As you are aware, a temporary one (1) year moratorium was adopted on January 4, 2000
in order to protect the planning process and prevent the construction and enlargement of towers
in the City. During this time, a resident task force committee was formed to review the current
ordinance (Ordinance No. 113), conduct research and prepare a new ordinance.
, /
Ordinance No. 270 (Re~ulatin~ the Construction and Maintenance of Towers/Antennas)
As proposed by the Resident Task Force Committee this ordinance minimizes the effects and
impacts on surrounding properties, provides for effective siting standards and maximizes the use
of existing towers and buildings to accommodate new antennas in order to reduce the number of
towers needed to serve the community.
Planninl! and Zonin~ CommissionlPark and Recreation Commission and Other Reviews
The Planning and Zoning Commission (10/24/00) and the Park and Recreation Commission
(9/7/00) have reviewed the ordinance and recommend (unanimous) approval to the City Council.
The ordinance was reviewed by the City Attorney and telecommunication companies that have
sites in the City.
Please review and comment.
CITY OF ANDOVER
/ COUNTYOFANOKA
STATE OF MINNESOTA
ORDINANCE NO. 270
An Ordinance repealing Ordinance No. 113 (An Ordinance Regulating the Construction
and Maintenance of Private and Commercial Antennas and Towers) adopted May 7,
1996, and Ordinance No. 118 (An Ordinance Protecting the Planning Process and the
Health, Safety and Welfare of Residents and Establishing a Temporary Moratorium on
Antennas, Towers, or Any Equipment Used for the Transmitting or Receiving
Telecommunication, Television or Radio Signals Within the City) adopted January 4,
2000.
AN ORDINANCE REGULATING THE CONSTRUCTION AND MAINTENANCE OF
PRIVATE AND COMMERCIAL ANTENNAS AND TOWERS.
The City Council of the City of Andover hereby ordains as follows:
Section 1. Purpose.
~
In orde~ to acco~odate the communica~~s of residents and bu~inesses v:hile
, protectmg the pubhc health, safe~1t&.t'J1eral welfare of the commumty, the CIty
Council finds that these regulation 'Onecessary in order to:
1. facilitate the provision of commercial wireless telecommunication services
to the residents and businesses of the City;
2. minimize adverse effects of towers through careful design and siting standards
in order to lessen the aesthetic impact on surrounding properties;
3. avoid potential damage to adjacent properties from tower failure through
structural standards and setback requirements; and
4. maximize the use of existing and approved towers and buildings to
accommodate new commercial wireless telecommunication antennas in order to
reduce the number oftowers needed to serve the community.
Section 2. Definitions.
The following words and terms shall have the following meanings in this ordinance:
Antenna that portion of any equipment located on the exterior or outside of any
structure, used for transmitting or receiving radio, telephone and
J
1
television signals. Antenna as defined in this ordinance (unless otherwise
I noted) pertains to all of the following antennas:
Antenna. Public Utilitv Microwave a parabolic dish or cornucopia
shaped electromagnetically reflective or conductive element used for the
transmission and/or reception of point to point UHF or VHF radio waves
in wireless telephone communications, and including the supporting
structure thereof.
Antenna. Radio and Television. Broadcastinz Transmittinz a wire, set of
wires, metal or carbon fiber rod or other electromagnetic element used to
transmit public or commercial broadcast radio or television
programming, and including the support structure thereof.
Antenna. Radio and Television Receivinz a wire, set of wires, metal or
carbon fiber element(s), other than satellite dish antennas, used to receive
radio television, or electromagnetic waves, and including the supporting
structure thereof. ~
.'\
An',"na. Sa"Uit, Di,h ~: inoo'l'Omting a refl"tivo surra'"
that is solid, open mesh'g 'nfigured and is in the shape of a shallow
dish, cone, horn, or com ~ 'ta. Such device shall be used to
I transmit and/or receive radio or electromagnetic waves between
terrestrially and/or orbitally based uses. This definition is meant to
include but not be limited to commercial satellite earth stations, TVRO's
(television, receive only), and satellite microwave antennas, but does not
include personal TVRO satellite reception receivers. .
Antenna. Short-Wave Radio Transmittinz and Receivinz a wire, set of
wires or a device, consisting of a metal, carbon fiber, or other
electromagnetically conductive element used for the transmission and
reception of radio waves used for short-wave radio communications,
and including the supporting structure thereof.
Antenna. Telecommunications a device consisting of a metal,
carbon fiber, or other electromagnetically conductive rods or elements,
usually arranged in a circular array on a single supporting pole or other
structure, and is used for the transmission and reception of radio waves in
digital, analog or other wireless or personal communication services (i.e.
cellular, paging, internet, etc.).
Co-Location the placement of wireless telecommunication antennae by two (2) or more
service providers on a tower, building or structure.
2
Commercial Wireless Telecommunication Services licensed commercial wireless
I telecommunication services including cellular, personal communication
services (peS), specialized mobilized radio (SMR), enhanced specialized
mobilized radio (ESMR), paging, and similar services that are marketed to
the general public.
Federal Communications Commission the Federal Administrative Agency, or
lawful successor, authorized to regulate and oversee telecommunications
carriers, services and providers on a national level.
Guved Tower a tower that is supported, in whole or in part, by wires and ground
anchors.
Lattice or Self-Suvvorted Tower a tower, erected on the ground, which consists of
metal crossed strips or bars to support antennae and related equipment.
Mast that portion of the outside antenna system to which the antenna is attached,
and the support of extension required~ elevate the antenna to height
deemed necessary for adequate ~ef~l~.y.. '
~
Monovole Tower a single, self-sup~~bie type tower, tapering from the base to
the top and supporting a i\~re designed to hold one (1) or more antennae.
j
Private Provertv land that is not public property as defined in this section.
Public Provertv land owned or operated by a government entity.
Public Utility persons, corporations, or governments supplying gas, electric,
transportation, water, or land line telephone services to the general public.
For the purposes of this ordinance, wireless telecommunication service
facilities shall not be considered public utility uses and are defined
separately.
Service Provider any individual or entity which provides wireless
telecommunication services.
Tower any pole, spire, or structure (excluding structures required for the
transmission of electric energy), or any combination, to which any
antenna could be attached, or which is designed for any antenna to be
attached, and all supporting lines, cables, wires and braces.
Tower. Multi-User a tower to which is attached the antennas of more than one (1)
commercial wireless telecommunication service provider or
governmental entity.
3
Tower. Sinrde-User a tower to which is attached only the antennas of a single user,
I although the tower may be designed to accommodate the antennas
of multiple users as required in this ordinance.
Section 3. Permit Required.
No antenna or tower in excess of thirty-five (35) feet in height from ground level of any
kind shall be erected, constructed, or placed, or re-erected, re-constructed or replaced on
private or public property without first receiving a special use permit and obtaining the
necessary building permit approvals from the City. The City shall re,quire a lease
agreement for any antennas and towers erected, constructed, placed, re-erected, re-
constructed or replaced on City owned public property.
Application for a special use permit shall be made to the Planning and Zoning
Department in the same manner, and containing the same information, as pursuant to the
special use permit process as stated in the City Zoning Ordinance.
Section 4. Tower/Antenna Heie:ht ReQuirefii~ts.
\~-~
~ ...~
If no existing structure meets the heig~l!injinents for antennas to be ~lace.d, th.e
antennas may be mounted on a pole or monopole not to exceed 150 feet III height III
industrial zoned districts; not to exceed 100 feet in height in residential zoned districts;
and not to exceed 120 feet in height in commercial zoned districts. Antennas (including
) the mast) may be mounted on a building or structure provided that the antennas do not
extend over fifteen (15) feet above the highest portion ofthe roof of the building or
structure.
Multi user monopole towers may exceed the height requirements as stated above by up to
an additional twenty (20) feet provided that the minimum number of.additional users as
required and stated in Section 7 of this ordinance have co-located their antennas on the
monopole structure.
Section 5. Towers/Antennas in Residential Zonine: Districts.
Towers supporting commercial antennas and conforming to all applicable provisions of
this ordinance shall be allowed only in the following residential zoned locations:
1. Church sites, when camouflaged as steeples or bell towers and utility poles
or structures;
2. City park sites greater than ten (10) acres in size located outside of the
Metropolitan Urban Service Area (MUSA), when the Park and Recreation
Commission determines that the tower is compatible and camouflaged
with the nature of the park;
I
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3. City water towers;
4. Utility and transmission lines located in public rights-of-way when
attached thereto; and
5. Schools and public buildings when compatible and camouflaged with the
use.
Only one (I) monopole tower shall exist on anyone (I) residential zoned parcel ofland.
Section 6. Towers/Antennas in Commercial and Industrial Zoned Districts.
Towers supporting commercial antennas and conforming to all applicable provisions of
this ordinance shall be allowed only in the following commercial and industrial zoned
locations:
1. Industrial "I" zoned parcels of land whsm~e appearance is consistent with the
surrounding area, and is compatibl~~c~ouflaged with the use;
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~,
2. Commercial zoned parcels ~p1>ing Center "SC" and General Business "GB")
parcels ofland when the appearance is consistent with the surrounding area,
and is compatible and camouflaged with the use; and
) Utility and transmission lines located in public rights-of-way when attached
3.
thereto.
Only one (1) monopole tower shall exist on anyone (1) industrial or commercial zoned
parcel of land.
Section 7. Co-Location Reauirements.
All commercial wireless telecommunication towers erected, constructed, or located
within the City shall comply with the following requirements:
1. A proposal for a new commercial wireless telecommunication service tower shall
not be approved unless the City Council finds that the telecommunications
equipment planned for the proposed tower cannot be accommodated on an
existing approved tower or building due to one (1) or more of the following
reasons:
a. The planned equipment would exceed the structural capacity of the
existing or approved tower or building, as documented by a qualified and
licensed structural engineer, and the existing or approved tower cannot be
reinforced, modified, or replaced to accommodate planned or equivalent
equipment at a reasonable cost.
5
b. The planned equipment would cause interference materially impacting the
usability of other existing or planned equipment at the tower or building as
documented by a qualified and licensed professional engineer and the
interference cannot be prevented at a reasonable cost.
c. Existing or approved towers and buildings within the search radius cannot
accommodate the planned equipment at a height necessary to function
reasonably as documented by a qualified and licensed professional
engmeer.
d. Other unforeseen reasons that make it infeasible to locate the planned
telecommunications equipment upon an existing or approved tower or
building.
2. Any proposed commercial wireless telecommunication service tower shall be
designed, structurally, electrically, and in all respects, to accommodate both the
applicant's antennas and comparable antennas for at least three (3) additional
users if the tower is one hundred (100).fe;t~r more in height or for at least two
(2) additional users if the tower isle~ ~ne hundred (100) feet in height.
1.' I .:
Towers must be designed to ~()y.lo? future arrangement of antennas upon the
tower and to accept antennas . otmted at varying heights.
Section 8. Tower and Antenna Desil!n Reauirements.
Proposed or modified towers and antennas shall meet the following design requirements:
1. Towers and antennas shall be designed to blend into the surrounding environment
through the use of color and camouflaging architectural treatment, except in
instances where the color is dictated by federal or state authorities such as the
Federal Aviation Administration.
2. Commercial wireless telecommunication service towers shall be of a monopole
design unless the City Council determines that an alternative design would better
blend into the surrounding environment. Lattice or self-supported towers are
prohibited.
Section 9. Tower Setbacks.
Towers shall conform with each of the following minimum setback requirements:
1. Towers shall meet the building setbacks of the underlying zoning district as stated
in the Zoning Ordinance.
2. Towers shall be setback from all structures and all property lines at a distance
equal to the height of the tower (plus and additional ten [10] feet), unless a
6
qualified professional structural engineer specifies in writing that the collapse of
/ the tower will occur with a lesser distance under all foreseeable circumstances.
3. A tower's setback may be reduced or its location in relation to a public street
varied, at the sole discretion of the City Council, to allow the integration of a
tower into an existing or proposed structure such as a church steeple, light
standard, power line support device, or similar structure.
4. Monopole towers shall be placed a minimum of five hundred (500) feet from any
existing residential dwelling unit and be spaced a minimum of 1/2 mile from each
other in any zoning districts.
Section 10. General ReQuirements.
All towers and antennas for which a permit is required shall comply with the following
requirements:
1. Tower Lighting. Towers shall no~,illuminated by artificial means and
.', .;
shall not display strobe lights unless such lighting is specifically required by the
Federal Aviation Administrati6norother federal or state authority for a particular
tower. When incorporated"into' the approved design of the tower, light fixtures
used to illuminate ball fields, parking lots, or similar areas ml;ly be attached to the
tower.
2. Signs and Advertising, The use of any portion of a tower for signs other
than warning or equipment information signs is prohibited.
3. Accessorv Utilitv Buildings. All utility buildings and structures accessory to a
tower shall be architecturally designed to blend in with the surrounding
environment and shall meet the minimum setback requirements of the underlying
zoning district as stated in the Zoning Ordinance. Ground mounted equipment
shall be screened from view by suitable vegetation, except where a design of non-
vegetative screening better reflects and complements the architectural character of
the surrounding neighborhood.
4. Additional Submittal Requirements. In addition to the information required
elsewhere in this ordinance, development applications for towers shall include the
following supplemental information:
a. A report from a qualified and licensed professional engineer which:
1. describes the tower height and design including a cross section
and elevation;
7
2. documents the height above grade for all potential mounting
/ positions for co-located antennas and the minimum separation
distances between antennas;
3. describes the tower's capacity, including the number and type of
antennas that it can accommodate;
4. documents what steps the applicant will take to avoid interference
with established public safety telecommunications;
5. includes an engineer's stamp and registration number;
6. a coverage map showing what portions of the City will be served
by the user, along with future coverage plans and potential
construction sites to provide similar service elsewhere in the City;
7. a report indicating that the r~qf~ meets technical emission
standards set by the FCC;"'IUld\
~ i.,,:>
8. includes other inf~~i~v necessary to evaluate the request.
'J'~
b. For all commercial wireless telecommunication service towers, a letter of
intent committing the tower owner and his or her successors to allow the
shared use of the tower if an additional user agrees in writing to meet
reasonable terms and conditions for shared use.
c. Before the issuance of a building permit, the following information shall
be submitted to the City:
1. proof that the proposed tower complies with regulations
administered by the Federal Aviation Administration; and
2. a report from a qualified and licensed professional engineer which
demonstrates the tower's compliance with the 'aforementioned
structural and electrical standards.
Section 11. Existinl! Antennas and Towers.
Antennas and towers in existence prior to the adoption of this ordinance which do not
conform to or comply with the provisions ofthis ordinance may continue in use for the
purpose now used and as now existing but may not be structurally altered without
complying with all respects to this ordinance.
Section 12. Interference with Public Safety Telecommunications.
8
No new or existing telecommunications services shall interfere with public safety
/ telecommunications. All applications for a new service shall be accompanied by an
intermodulation study which provides a technical evaluation of existing and proposed
transmissions and indicates all potential interference problems. Before the introduction
of new service or changes in existing service, telecommunication prqviders shall notify
the City at least ten (10) calendar days in advance of such changes and allow the City to
monitor interference levels during the testing process.
Section 13. Destroved or Dama!!ed Antennas and Towers.
If an antenna or tower is damaged or destroyed due to any reason or cause whatsoever,
the same may be repaired or restored to its former use, location and physical dimensions
upon obtaining a building permit but without first complying with this ordinance.
Provided, however, that if the cost of repairing such damage or destroyed antenna or
tower would be fifty (50) percent or more, as estimated by the Building Official, of the
cost of purchasing and erecting a new antenna or tower of like kind and quality and to the
former use, physical dimensions and location, then the antenna or tower may not be
repaired or restored except in full compliance ~ith!he requirements of this ordinance.
~'
-".\ - :--,-)
Section 14. Abandoned AntennasafulT~wers. and Removal.
<\. ".' ,
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Any antenna or tower which is not used for six consecutive (6) months shall be deemed
abandoned and must be removed with all other associated equipment from the property
within ninety (90) days notice by the City. If the antenna, tower or equipment is not
removed from the property within the time period as stated above, the City may order that
the public nuisance be abated in a manner consistent with ordinances and policies of the
City.
Section 15. Variances.
Variances from the literal provisions of this ordinance shall be processed and granted or
denied in the same manner and based on the same criteria as stated in the City Zoning
Ordinance.
Section 16. Severabilitv.
If any portion of this ordinance is deemed invalid or unconstitutional by a court of
competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity
of other portions ofthis ordinance.
Section 17. Penalty.
Any person who shall violate any provision of this ordinance shall be guilty of a
misdemeanor and shall be subject to applicable fines and imprisonment as defined by
State law. In addition to the penalties imposed by this ordinance, the City may exercise,
9
'\ with or separately from such penalties, all and any other legal and equitable remedies
/ then available to the City by this ordinance, or by statute, or by other ordinances of the
City, or by applicable rules or regulations, to enforce this ordinance, including, without
limitation, injunction.
Adopted by the City Council of the City of Andover on this _ day of ,2000.
ATTEST: CITY OF ANDOVER
Victoria V olk, City Clerk J.E. McKelvey, Mayor
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CITY OF ANDOVER
COUNTY OF ANOKA
/ STATE OF MINNESOTA
ORDINANCE NO. 113
AN ORDINANCE REGULATING THE CONSTRUCTION AND MAINTENANCE OF
PRIVATE AND COMMERCIAL ANTENNAS AND TOWERS
The City Council of the City of Andover does hereby ordain:
Section I. Pux:pose and Objectives: The purposes and objectives of this ordinance are to
provide for the safe installation of antennas and towers and to minimize the adverse
aesthetic impact of antennas and towers on surrounding properties, while permitting
reasonable reception and transmission of signals from antennas. To lessen the adverse
aesthetic impact on surrounding properties because of the unsightly nature of antennas
and towers, and preserve the high quality residential character of Andover, and to ensure
that antennas and towers are installed in a manner that can withstand high winds and
other adverse weather conditions and do not constitute a nuisance or pose a safety
concern, the City Council has determined to impose size, height, location and installation
restrictions and requirements on antennas and towers.
Section 2 Definitions: The following words and terms shall have the following
meanings in this ordinance:
Antenna - That portion of any equipment located on the exterior or outside of any
structure, used for transmitting or receiving radio, telephone and television signals.
Antenna as defined in this ordinance (unless otherwise noted) pertains to all of the
following antennas:
(a) Antenna, Public Utility Microwave - A parabolic dish or cornucopia shaped
electromagnetically reflective or conductive element used for the transmission and/or
reception of point to point UHF or VHF radio waves in wireless telephone
communications, and including the supporting structure thereof.
(b) Antenna, Radio and Television, Broadcasting Transmitting - A wire, set of
wires, metal or carbon fibre rod or other electromagnetic element used to transmit public
or commercial broadcast radio or television programming, and including the support
structure thereof.
(c) Antenna, Radio and Television Receiving - A wire, set of wires, metal or
carbon fibre element(s), other than satellite dish antennas, used to receive radio
television, or electromagnetic waves, and including the supporting structure thereof.
/
1
(d) Antenna, Satellite Dish - A device incorporating a reflective surface that is
! solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn, or
cornucopia. Such device shall be used to transmit and/or receive radio or electromagnetic
waves between terrestrially and/or orbitally based uses. This definition is meant to
include but not be limited to commercial satellite earth stations, TVRO's (television,
receive only), and satellite microwave antennas, but does not include personal TVRO
satellite reception receivers.
(e) Antenna, Short-Wave Radio Transmitting and Receiving - A wire, set of
wires or a device, consisting of a metal, carbon fibre, or other electromagnetically
conductive element used for the transmission an reception of radio waves used for short-
wave radio communications, and including the supporting structure thereof.
(t) Antenna, Telecommunications - a device consisting of a metal, carbon fibre,
or other electromagnetically conductive rods or elements, usually arranged in a circular
array on a single supporting pole or other structure, and used for the transmission and
reception of radio waves in digital, analog or other wireless or personal communication
services (i.e. cellular, paging, etc.).
Mast - Shall mean that portion of the outside antenna system to which the antenna is
attached, and the support of extension required to elevate the antenna to a height deemed
necessary for adequate operation.
Private Property - Land that is not public property as defined in this section.
Public Property - Land owned or operated by a municipal government entity (City of
Andover).
Tower - Any pole, spire, or structure (excluding structures required for the transmission
of electric energy), or any combination, to which any antenna could be attached, or which
is designed for any antenna to be attached, and all supporting lines, cables, wires and
braces.
Section 3. Pennit Required: Hei!:ht Restrictions: Exemptions: No antenna or tower in
excess of thirty-five (35) feet from ground level of any kind shall be erected, constructed,
or placed, or re-erected, re-constructed or replaced on private property without first
receiving a special use pennit and obtaining a building pennit (if necessary) from the
City. Antennas and towers erected, constructed, or placed, or re-erected, re-constructed
or replaced on public property shall require an special use pennit, a building pennit (if
necessary), a lease agreement and comply with all provisions and policies as required and
adopted by City Council.
2
Antennas (including the mast) mounted on a building or structure shall not extend over
twenty-five (25) feet above the highest portion of the roof of the building or structure.
I
If no existing structure which meets the height requirements for the antennas is available
for mounting the antennas, the antennas may be mounted on pole(s) not to exceed one
hundred and fifty (150) feet in height provided that pole(s) are setback from all property
lines at a distance equal or greater to the height of the pole(s), unless a qualified structural
engineer shall specify in writing that any collapse of the pole will occur within a lesser
distance under all foreseeable circumstances.
Section 4. Application for Permit. Issuance: Fee: Application for a special use permit by
this Section shall be made to the Planning and Zoning Department in the same manner,
and containing the same information, as for a special use permit pursuant to Ordinance
No.8, Section 5.03.
Section 5 Existin~ Antennas and Towers. Antennas and towers in existence prior to the
adoption of this ordinance which do not conform to or comply with the provisions may
continue in use for the purpose now used and as now existing but may not be structurally
altered without complying with all respects of this ordinance.
)
Section 6. General Requirements: All antennas and towers for which a permit is required
shall comply with all of the following requirements:
Subd. I Proximity to Power Lines. No antenna, tower or mast shall exceed a height
equal to the distance from the base of the antenna or tower to the nearest overhead power
line (except individual service drops), less five feet.
Subd. 2 Grounding. Antennas and towers shall be grounded for protection against a
direct strike by lightning and shall comply, as to electrical wiring and connections, with
all applicable provisions of this ordinance and State law.
Subd.3 Tower Materials. All towers shall be constructed of corrosive-resistant steel or
other corrosive-resistant, non-combustible materials. Towers shall not be constructed or
made of wood, including timbers or logs.
Subd. 4 Wind Load. All such structures and towers shall be designed to withstand a
wind load from any direction as specified in the Building Code, in addition to any other
load.
/
3
Subd.5 Foundations. The foundations for such structures and towers shall be designed
in accordance with accepted engineering practices and shall be provided to resist two
I times the calculated wind uplift.
Subd. 6 Protection from Climbing. Antennas and towers shaIl be protected to discourage
climbing by unauthorized persons. If this cannot be prevented, the tower or antenna shall
be provided with security fencing to prevent unauthorized entry. Fencing to be approved
by City Council.
Subd. 7 Restrictions on Lights and Other Attachments. No antenna or tower shall have
affixed to it in any way except during the time of repair and installation any lights,
reflectors, flashers, or other illuminating device, except as required or allowed by the
City, Federal Aviation Agency or the Federal Communications Commission, nor shall
any tower or antenna have constructed thereon, or attached thereto, in any way, any
platform, catwalk, crow's nest, or like structure, except during periods of construction or
repair.
Subd. 8 Prohibited Extensions. No part of any antenna or tower nor any lines, cables,
equipment, wires or braces used in connection with any tower or antenna shall, at any
time (other than during repair or construction), extend across or over any part of a street,
sidewalk or alley.
Subd. 9 Transmitting, Receiving and Switching Equipment. Transmission, receiving
and switching equipment shall be housed within an existing structure whenever possible.
J If a new equipment building is necessary for transmitting, receiving and switching
equipment, it shall be situated in the rear yard of the principal use and shall be screened
from view by landscaping where applicable. '
Subd. 10 Inspections. AIl towers and antennas erected within the City of Andover may
be inspected at least once each year by an official of the Building Department to
determine compliance with original construction standards. Deviation from the original
construction for which a permit is obtained constitutes a violation of this ordinance.
Subd. II Liability Insurance. Any person or firm erecting an antenna or tower within the
City of Andover shall show proof of liability insurance covering personal injury or
property damage in the event that such damage or injury is caused by the structure.
Section 7. Location.
Subd. I Setback Location. In no case shall any antenna or tower be located, constructed,
installed, maintained, at any time, within the setback required by Ordinance No.8,
Section 6.02 for a principal building or structure for the Zoning District in which the
antenna or tower is located. The antenna or tower shall be located in the rear yard only in
4
all zoning districts where an existing principal structure exists, unless approved by the
City Council.
Subd.2 Telecommunications Towers/Antennas. Shall be constructed, installed, located
or maintained on public property and in the following Zoning Districts - Limited
Business, Neighborhood Business, Shopping Center, General Business, Industrial,
General Recreation and Residential. Telecommunication towers/antennas installed or
placed on residential parcels ofland must meet all of the following requirements:
a) The parcel of land must be greater than twenty (20) acres.
b) Telecommunication towers/antennas must be installed or placed ata minimum of
five hundred (500) feet from any residential structure or dwelling.
c) Telecommunication towers shall not be nearer than 500 feet from each other.
All telecommunication towers and antennas to be installed are required to meet
landscaping and screening requirements and standards to be acceptable and approved
by City Council. The landscaping and screening must be compatible with the
surrounding character, buildings and landscape.
" Section 8. Variances. Variances from the literal provisions of this ordinance shall be
processed and granted or denied in the same manner and based on the same criteria as
variances under Ordinance No.8, Section 5.04.
Section 9 Destroyed or Dama~ed Antennas or Towers, If an antenna or tower is
damaged or destroyed due to any reason or cause whatsoever, the same may be repaired
or restored to its former use, location and physical dimensions upon obtaining a building
permit but without otherwise complying with this ordinance. Provided, however, that if
the cost of repairing or restoring such damaged or destroyed antenna or tower would be
50 percent or more, as estimated by the Building Official, of the cost of purchasing and
erecting a new antenna or tower of like kind and quality and to the former use, physical
dimensions and location, then the antenna or tower may not be repaired or restored except
in full compliance with this ordinance.
Section 10 Abandoned Antennas and Towers. Removal. Any antenna or tower which is
not used for one (I) successive year shall be deemed abandoned and must be removed
with all other associated equipment from the property within ninety (90) day of notice by
/ the City.
5
Section II Penalty
/ (1) Misdemeanor. Any person who shall violate any provision of this ordinance shall be
guilty of a misdemeanor and shall be subject to applicable fines and imprisonment
defined by State law.
(2) Other Remedies. In addition to the penalties imposed by this ordinance, the City may
exercise, with or separately from such penalties, all and any other legal and equitable
remedies then available to the City by this ordinance, or by statute, or by other ordinances
of the City, or by applicable rules or regulations, to enforce this ordinance, including,
without limitation, injunction.
Adopted by the City Council of the City of Andover on this .l1h.. day of _Max.., 1996.
A ITEST: CITY OF ANDOVER
~j~ C). {MuJ(~
?I
Victoria Volk, City Clerk J.E. McKelvey, Mayor
;'
6
CITY OF ANDOVER
I COm.lY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 118
AN ORDINANCE FOR PROTECTING THE PLANNING PROCESS AND THE
HEAL TH, SAFETY, AND WELFARE OF RESIDENTS AND ESTABLISHING
A TEMPORARY MORATORlUMON ANTENNAS, TOWERS, OR ANY
EQUIPMENT USED FOR THE TRANStvrrTTING OR RECEIVING
TELECOMl\tIUNICA TION, TELEVISION OR RADIO SIGNALS WITHIN THE
CITY.
The City Council hereby ordains as follows:
Section 1. Tower Moratorium.
Recent advances in wireless communications technology have resulted in a new
generation of cellular communication services. These services, called "Personal
Communications Services" ("PCS"), will likely require numerous locations
throughout the community. These antennae may be located on buildings, water
towers, and similar structures, but will also frequently be located on towers
constructed or enlarged for that purpose.
A number ofPCS providers have been licensed by the FCC and more are expected
in the near future. These providers are actively pursuing antenna sites within the
City, and are expected to request and construct new or enlarged communications
towers. There is concern that current City ordinances may not adequately address
issues relating to these towers, such as the appropriate locations for these towers
and the conditions under which they may be allowed within the City, including
structural and construction requirements, co-location, setbacks and height
limitations.
There is a need to study these and other issues to determine what regulatory
controls may need to be adopted to protect the public health, safety and welfare.
The Planning and Zoning Commission and City Staff under the direction of the
City Council shall conduct such studies and make recommendations to the City
Council.
The City Council finds. therefore, that a moratorium is required in order to protect
J the planning process and to prevent the construction or enlargement of towers and
I
the use and development of lands within the City for such towers pending the
j completion of necessary studies and the consideration and implementation of new
regulations on that subject. At the present time it is expected that the necessary
studies and implementation can be completed within a one (1) year period.
Section 2. Moratorium Established: Scooe and Definition of "Tower".
In accordance with the findings set forth in this ordinance and pursuant to the
authority of Minnesota Statutes 462.355 (Subd. 4), there is hereby established a
moratorium on the construction, erection, placement, reconstruction, enlargement,
or expansion of towers within the City and on the development and use of property
for such purposes.
During the period of the moratorium, applications for fmal site and building plan
approval, building permits, and other permits and approvals related to such tower
work shall not be accepted by the City, neither the Planning and Zoning
Commission nor the City Council shall consider or grant approval or any
application required for such work, and no building permits for such work shall be
issued.
For the purposes ofthe moratorium the term "tower" shall mean "any pole, spire,
structure, or combination thereof, including supporting lines, cables, wires, braces,
and masts, intended primarily for the purpose of mounting an antenna
meteorological device, or similar apparatus above grade."
Section 3. Applicabilitv.
The moratorium shall be applicable to property throughout the City.
Section 4. Exceptions.
The moratorium shall not apply to (I) the lawful use of existing towers or the
lawful erection of antennae on such existing towers, (2) the repair and/or
maintenance of any existing tower provided that such work does not enlarge or
expand the physical size of the tower, (3) work on a tower necessary to preserve
health, safety, life, or property in the face of an emergency, and (4) tower work
that has received all necessary permits and approvals from the City prior to the
effective date of this ordinance.
J
2
Section 5. Appeal Provision.
/
The City Council shall have the power to vary or modify the application of any
provisions stated in this ordinance upon its determination in its absolute legislative
discretion that such variance or modification is consistent with the letter and intent
of the Comprehensive Plan and the Zoning Ordinance. Upon receiving any
application for such a variance or modification, the City Clerk shall refer such
application to the City Council.
Section 6. Penalties.
Any person, corporation, or other entity that constructs, erects, places,
reconstructs, enlarges, or expands a tower in violation of this ordinance shall be
guilty of a misdemeanor and shall be subject to any additional legal or equitable
remedies available to the City.
Section 7. Effective Date.
This ordinance shall take effect upon its adoption and publication and shall be
effective for one (I) year from its effective date and shall expire at that time unless
further extended.
,
Adopted by the City Council of the City of Andover on this 4th day of Januarv.
2000.
ATTEST: CITY OF ANDOVER
tLj;~ t!r0 /J {. !/! (/ it
- ,
Victoria Volk, City Clerk [{ E. McKelvey, Mayo
3
,- \ CITY of ANDOVER
,J
1685 CROSSTOWN BOULEVARD NW.. ANDOVER. MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923
October 25, 2000
William Hawkins and Associates
2140 Fourth Avenue North
Anoka, Minnesota 55303
Dear Mr. Hawkins:
As you are aware, the City adopted a one (1) year temporary moratorium
ordinance on January 4, 2000 to prevent the construction and enlargement of
towers and antennas in the City.
During this time period, a task force committee was formed to review our current
telecommunication towers/antennas ordinance and prepare a new ordinance which
minimizes the effects and impacts on surrounding properties, provides effective
'\ siting standards, and maximizes the use of existing towers and buildings to
. ) accommodate new antennas in order to reduce the number of towers needed to
-,/
serve the community.
You will find enclosed a copy of Ordinance No. 270 - An Ordinance Regulating
the Construction and Maintenance of Private and Commercial Antennas and
Towers.
Staff and the Planning and Zoning Commission has requested that you review this
ordinance prior to the November 9,2000 City Council meeting.
Please contact me at 767-5142 if you have any questions or changes. Thanks.
Sincerely,
Jeff Johnson
Zoning Administrator
, )
-'
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
/
DATE: November 9.2000
AGENDA SECTION
ORIGINATING
DEPARTMENT
Discussion Finance
Jim Dickinson
ITEM NO.
Water and Sewer Billing Service
<t
Request:
The City Council is requested to approve a three (3) year extension of the billing services contract with
Connexus Energy and discuss various billing options available to the City to see if the Finance Director
should pursue negotiations further.
Background:
Billing Options
I 1. Current State - Connexus reads water meters quarterly and does bill presentment and
payment processing quarterly for water, sewer and street lighting services.
2. Option One - Connexus offers customer choice billing with quarterly water meter reads:
a. Budget bill presentment and payment processing (monthly) or,
b. Quarterly bill presentment and payment processing.
3. Option Two - Connexus converts all customers to budget billing and payment processing,
with quarterly water meter reads.
Analysis:
Overall cost for the Current State would be approximately $32,000.
Overall cost for Option One with 50% participation in budget would be $41,000.
_ Increased cash flow would generate approximately an additional $7,000
annually.
Overall cost for Option Two would be approximately $59,000.
_ Increased cash flow would generate approximately an additional $18,000
annually.
/ ]
CITY OF ANDOVER
REQUEST FOR CITY COUNCIL ACTION
DATE: November 9,2000
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Planning
ITEM NO.
Amend Ordinance No. 112 John Hinzman
Planned Unit Development City Planner
\~.
Request
The City Council is asked to approve the attached amendment to Ordinance No. 112-
Planned Unit Development. Changes include clarification to the definition of buildable
land, restatement of the purpose, and criteria for granting density increases.
Background
The City Council met with the Planning and Zoning Commission on'October 10th to
discuss the proposed changes. The Planning and Zoning Commission held a public
hearing on October 24th and recommended approval with limited discussion.
Attachments
. Proposed Amendment
. Planning and Zoning Commission Minutes ~ October 24, 2000
. Joint City Council\Planning and Zoning Commission Minutes ~ October 10, 2000
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 112 I
AN ORDINANCE REGULATING PLANNED UNIT DEVELOPM,ENTS (PUDs) IN
THE CITY OF ANDOVER.
Ordinance No, 112 is hcrcbv amended as follows:
Section 1. Purpose. This Ordinance intended to provide for the permit flexibility of
site design and architecture for the conservation of land and open space through
clustering of buildings and activities. This flexibility can be achieved by waiving or
varying from the provisions of Ordinance No.8, the Zoning Ordinance, including lot
sizes, setbacks, heights and similar regulations, while at the same time preserving the
health, safety, order, convenience, prosperity and general welfare of the City of Andover
and its inhabitants. Planned Unit Developments encoarage shall accomplish all orthe I
following:
1. Attaining a higher standard of site design and development that cannot be
accomplished under strict adherence to development ordinance provisions.
) Inno'iations in development to the end that the grov;ifl-g demands for all
styles of economic expansion may be met by the greater variety in type,
design, and siting of str~lctures and by the conservation and more efficient
~lse of land in s~lch developments;
2. Higher standards of site and building design through the ~lse of trained and I
experienced land planners, architects and landscape architects;
3. Morc convenience in location and design of de'.'elopment and service
facilities;
4. The preservation and enhancement of desirable site characteristics such as
natural topography, woodlands, geologic features, and the prevention of I
soil erosion;
5. A creative use ofland and related physical development which allows a I
phased and orderly transition of land from mral to urban ~lses;
6. A more efficient use ofland resulting in smaller networks of utilities and I
streets thereby lowering the development costs and public investments;
1
7. A development pattern in harmony with the Andover Comprehensive
I Plan. (PUD is not as-a means to vary applicable planning and zoning I
principles.)
8. A more desirable Jnd creatiye environment than might be possible through
the strict application of the zoning and s'Jbdivision regclbtions of the City.
Section 2. Definition. Planned Unit Developments (PUDs) shall include all
developments having two (2) ore more principal uses or structures on a single parcel of I
land which shall include townhouses, single and two-family homes, apartment projects
involving more than one (1) building, residential subdivisions submitted under density
zoning provisions, multi-use structures, such as an apartment building with retail at
ground floor level, commercial developments, industrial developments, mixed residential
and commercial developments and similar projects.
Section 3. Zoning District Supplement. A Planned Unit Development (PUD) District
is supplementary to a zoning district within or encompassing all or a portion or portions
of one or more original districts in accordance with the provisions of this Ordinance and
the Zoning Ordinance. As used in this Ordinance, the term "original district" shall mean
a zoning district as described in Ordinance No.8, the Zoning Ordinance.
Section 4. General Requirements and Standards.
,
1. Ownership: An application for PUD approval must be filed by the
landowner or jointly by all landowners of the property included in a project. The
application and all submissions must be directed to the development of the
property as a unified whole. In the case of multiple ownership, the Approved
Final Plan or Plat shall be binding on all owners.
2. Comprehensive Land Use Plan Consistency: The proposed PUD shall be I
consistent with the Andover Comprehensive Land Use Plan.
3. Comprehensive Sanitary Sewer Plan Consistency: The proposed PUD_- I
shall be consistent with the Andover Comprehensive Sewer Plan when applicable.
4. Ordinance Consistency: The proposed PUD shall be consistent with
the intent and purpose of City Ordinance provisions relating to land use,
subdivision and development.
5. Common Open Space: Common open space at least Sctfficicnt to I
meet the minimum density requirements established by the City shall be provided
within the area of the PUD, except as provided in Subsection 8 b~low.
6. Operating and Maintenance Requirements for PUD Common Open
Space/Facilities: Whenever and wherever common open or service facilities
2
are provided within a PUD, the PUD shall contain provisions to assure the
J continued preservation, operation, and maintenance of such open space and I
service facilities to a pre-determined reasonable standard. Common open space
and service facilities within the PUD may be placed under the ownership of one or
more of the following, as approved by the City Council:
a. Dedicated to public, where a community-wide use is anticipated
and the City Council agrees to accept the dedication.
b. Landlord controL where only the tenants is anticipated. I
c. Property Owners Association, provided all of the following
conditions are met:
1. Prior to the use or occupancy or sale or the execution of contracts
for sale of an individual building unit, parcel, tracts, townhouses,
apartment, or common area, a declaration of covenants, conditions and
restrictions or an equivalent document shall be filed with the City of
Andover. Said filing with the City shall be made prior to the filings of
said declaration or document with the recording officer of Anoka County,
Minnesota.
2. The declaration of covenants, conditions and restrictions or
equivalent document shall specify that deeds, leases or documents of
conveyance affecting buildings, units, parcels, tracts, townhouses, or
apartments shall subject said properties to the terms of said declaration.
3. The declaration of covenants, conditions and restrictions shall
provided that an owner's association shall be formed and that all owners I
shall be a member of said association which shall maintain all properties
private infrastructure, and common areas in good repair and which shall I
assess or chan;;e charge individual property owners proportionate shares
of joint or common costs. This declaration shall be subject to review and
approval by the City Attorney. The intent oftffi&-these requirements is to I
protect the property values of the individual owners through established
private control.
4. The declaration shall additionally, amongst other things, provide
that in the event the association fails to maintain properties in accordance
with the applicable covenants and rules and regulations of the City of I
Andover or fails to pay taxes or assessments on properties as they
become due and in the event the City of Andover incurs any
expenses in enforcing its rules and regulations, which said expenses are
not immediately reimbursed by the association, then the City of Andover
shall have the right to assess each property with interest thereon and
3
costs of collection, shall be a lien on each property against which each
such assessment is made.
5. Membership of the association shall be mandatory for each owner
and any successive OOygrowner, tenant or assign. I
6. The open space restrictions shall be permanent and not for a given
period oftime.
7. The Association must be responsible for liability insurance, local
taxes and the maintenance of the open space facilities deeded to it.
8. Property owner must pay the prorata share of the cost of the
Association by means of an assessment to be levied by the Association
which meets the requirements for becoming a lien on the property in
accordance with Minnesota Statutes.
b. The Association must be able to adjust the assessments to meet
changing needs.
I
c. The by-laws and rules of the Association and all covenants and
restrictions to be recorded must be approved by the City Council
prior tothe approval of the final PUD plan or plat.
11. Any Amendment or dissolution of association, or related
documents must be approved by the City Council.
7. Staging of Public and Common Open Space. When a PUD provides for
common or public open space and is planned as a staged development over a
period of time, the total area of common or public open space or land escrow
security in any stage of development shall, at a minimum, bear the same
relationship to the total open space to be provided in the entire PUD as the stages
or units completed or under development bear to the entire PUD.
8. Density. Net Buildability shall include total gross acreage minus
parks, roadways, maior drainaQc and utility easements, and type 3, 4, & 5
wetlands as defined by the US Corps of Engineers pamphlet entitled, "10
Important Questions," US Government Printing Office No. 1979-768-929, or
future revisions. The density of a PUD shall conform to the regulations of the
zoning district in which the land and project are locatedo and shall bc based on tlw--
net buildable area (exclude streets), except that Density increases of up to five
(5%) percent may be allowed for each category listed below (W15% maximum
total) at the discretion of the City Council, as an incentive for the developer to
include the following features hereby determined to be a benefit to the public.
4
a. Provide trails, parks, or other recreational facilities above and
I beyond Minimum Park or trail dedication requirements that are
accessible to the general public. Significant unde':eloped common
open space.
b. Provide additional significant high quality open space above and
beyond minimum dedication requirements. Significant improYCd
common opcn space.
c. Incorporate higher quality design elements including but not
limited to housing materials, landscaping, and street scaping. All
design elements must be uniform and compatible to the
surrounding buildings and landscape. Distinctiveness and
excellence in setting design and bndseaping.
d. ^rchitect~lral style and overall appearancc and compatibility of
individ'.Ial b~lildings to other site elements or to s~mounding
developmcnt.
The burden for justifying a density increase rests with the applicant.
9. Staging of Development. Whenever a PUD is to be developed in
) stages, the density ofthe stages when totaled shall not exceed the proposed
residential density of the entire PUD. The City may require a developer to record
a restrictive covenant in favor of the City to insure that all stages or phases will be
developed within the overall density for the entire PUD.
10. Utilities. All utilities shall conform to the design standards of
Ordinance No. 10, the Subdividing and Platting Ordinance and other applicable
design standards on file with the City. All utilities, including, but not limited to,
telephone, electricity, gas, and telecable shall be installed underground.
11. City Utilities. All city utilities including, water, sanitary sewer, storm
sewer and streets shall be designed, installed and maintained by the City in
conformance with all city standards and practices. Utility easements shall be
dedicated as required by the City.
12. Urban Development and Availability of Public Service. All
development shall be carefully phase4s so as to ensure that it will not cause an I
unreasonable burden upon the City in providing services and utilities or cause a
deleterious impact upon the natural environment.
13. Streets and Site Improvements. All streets and s~te improvements
shall meet the design standards and regulations contained in Ordinance No. 10,
s
the Platting and Subdividing Ordinance, unless otherwise approved by the City
Council.
14. Landscaping. In any PUD, landscaping shall be provided according to a
plan approved by the City Council, which shall include a detailed planting list
with the City Council, which shall include a detailed plating list with sizes and
species indicated as a part of the Final Plan. In assessing the landscape plan, the
City Council shall consider natural features of the particular site maintenance, the I
architectural characteristics of the proposed structures and the overall scheme of
the PUD.
15. Special Requirements and Standards.
a. Residential Planned Unit Developments (Density Zoning).
1. Required Frontage and Minimum Project Size. The tract of
land for which a project is proposed and permit Requested
shall not have less than two hundred (200') feet of frontage
on the public right-of-way and be a minimum of two (2a.)
acres.
2. Yards.
/
a. The front and side yard restrictions at the periphery
of the PUD site shall, at a minimum, be the same as
those required in the zoning district.
b. No building shall be located less than fifteen
(&20') feet from the back of the curb line along
tOOsB-streets, which are part of the private internal
street pattern.~
c. No building within the project shall be located
nearer to another building than 'one-half (1/2) the
sum of the building heights of the two (2) buildings.
d. No buildings shall be located nearer than its I
building height to the rear and side property lines.
b. Commercial or Industrial Planned Unit Developments.
1. Required Frontage and Minimum Project Size. The tract
of land for which a project is proposed and permit requested shall
not have less than two hundred (200') feet offrontage on the public
right-of-way and be a minimum of two (2a.) acres.
6
2. Yards.
a. The front and side yard restrictions at the periphery
of the PUD site shall, at a minimum, be the same as those
required in the zoning district.
~ No building shall be located nearer than its buildin;:; I
height to the rear and side property lines.
3. Landscaping, Surfacing and Screening.
a. All areas disturbed on the site other than that
covered by structures or hard surfacing shall be landscaped
in compliance with this Ordinance and. all other applicable
City Ordinances.
b. The entire site other than that taken up by structures
or landscaping shall be surfaced in accordance with the
standards on file in the office of the City Engineer.
c. Developments abatting a residential district shall be
I screened and landscaped in compliance with the Zoning
Ordinance and other applicable regulations. Additional
consideration shall be taken to screen existint! residences.
c. Mixed Use Planned Unit Developments.
1. Required Frontage and Minimum Project Size. The tract of
land for which a project is proposed and permit requested shall not
have less than two hundred (200') feet of frontage on the public
right-of-way and be a minimum two (2a.) acres.
2. Yards.
a. The front and side yard restrictions at the periphery
of the PUD site shall, at a minimum, be at same as those
required in the zoning district.
b. No b'..lilding shall be located nearer than its buildin;:; I
height to the rear and side property lines.
3. Landscaping, Surfacing and Screening:
7
\ a. All areas disturbed on the site other than that
'. J covered by structures or hard surfacing shall be landscaped
in compliance with this Ordinance and all other applicable
City Ordinances.
b. The entire area other than that taken up by I
structures or landscaping shall be surfaced in accordance
with the standards on file in the office of the I
City Engineer.
c. Developments abutting a residential district shall be
screened and landscaped in compliance with the Zoning
Ordinance and other applicable regulations.
16. Sign Requirements. Signs shall be regulated and conform to the
standards set out in Ordinance No.8, Section 8.07. All signs shall be shown on
the Final Plan.
17. Special Protection Districts. Planned Unit Developments involving land
within the Flood Plain, Shoreland Management or Scenic River Districts shall be
subject to the provisions of those ordinances regulating said districts.
\
I 18. PUD Credit of Site Improvements. In order to obtain PUD credit for site
improvements including but not limited to trails, parks, landscaping, etc, the
improvements must be constructed as a part of the initial phase or the costs must
be escrowed as determined by City Council.
Section 5. Application, Review and Administration. The general sequence for
application, review and action on a PUD shall be the same as platting a property as
specified in Ordinance No. 10, the Platting and Subdividing Ordinance. A Special Use
Permit shall be required. Application for the Special Use Permit shall be made as
specified in Ordinance No.8, Section 5.03 and shall be made in conjunction with the
filing of the Preliminary Plat Application.
Section 6. Violation and Penalty.
1. Misdemeanor. Any person, firm or corporation violating any of the
provisions of this Ordinance shall be guilty of a misdemeanor, and upon
conviction thereof shall be punished as defined by State Law.
2. Other Remedies. In addition to the penalties imposed by this ordinance,
the City may exercise, with or separately from such penalties, all and any legal
and equitable remedies then available to the City by this ordinance, or by statute,
\ or by other ordinances of the City, or by applicable rules and regulations, to
I enforce this ordinance, including, without limitation, injunction.
s
,
) Section 7. Effective Date. This Ordinance shall take effect and be in force
from and after its passage and publication.
Passed by the City Council of the City of Andover this 9th day of November. 2000. I
CITY OF ANDOVER
lE. McKelvey, Mayor
ATTEST:
Victoria V olk, City Clerk
;
/
9
Regular Andover Planning and Zoning Commission Meeting
Minutes - October 24, 2000
Page 5
/ Commissioner Hedin asked about signage for this use. Mr. Hinzmari stated signage is
restricted to four square feet but none has been requested.
Motion by Daninger, seconded by Hedin, to forward to the City Council a
recommeudation to approve the request for a Special Use Permit submitted by Paul and
Marsha D=iC based on the rationale that the Commission finds the request meets the
criteria establi ed in Ordinance No.8, Section 5.03, including: the use will not be
detrimental to th ealth, safety, morals or general welfare of the community; the use will
not depreciate the s ounding property; and the use is in harmony with the
Comprehensive Plan. he Commission also finds the use meets the provisions specified
in Ordinance No.8, Sec' n 4.30, Home Occupations. This recommendation is subject to
the following conditions:
1. The home business shall e limited to one (1) employee outside the immediate
family and shall comply WI all other home occupation regulations as stated in
Ordinance No.9, Section 4.3 .
2. No more than eight hundred (80 .f.) square feet of the accessory structure can be
used for the home business as state in Ordinance No.8, Section 8.08.
3. Parking requirements shall be met as r Ordinance No.8, Section 8.08.
4. Prior to any business being conducted 0 the premises an on-site inspection shall
be conducted by city staff to assure the bus' ess complies with City ordinances.
5. The residence shall be owner occupied.
6. Hours of operation shall be daily from 8:00 a.m. 9:00 p.m.
7. Upon sale of the premises for which the Special U Permit is granted, such
permit shall terminate.
8. The Special Use Permit shall be subject to annual revie and site inspection by
City Staff.
9. The Special Use Permit shall be subject to a sunset clause as
No.8, Section 5.03(D).
Motion carried on a 5-ayes, O-nays, 2-absent vote.
Chair Squires stated that this item would be considered at the November 9, 2000 Cit
Council meeting. -. ..--
PUBLIC HEARING: AMEND ORDINANCE NO. 112, PLANNED UNIT
DEVELOPMENTS.
City Planner John Hinzman explained that the Planning and Zoning Commission is asked
to hold a public hearing and review the proposed amendments to Ordinance No. 112,
Planned Unit Development (PUD). He explained this ordinance has been in place for
about four years but some problems were found related to the definition of "buildability,"
Regular Andover Planning and Zoning Commission Meeting
Minutes - October 24, 2000
Page 6
/ to provide more clear indications of the purpose ofthe ordinance, and reasons to grant a
density change.
Mr. Hinzman noted the change to pages 4 and 5 related to density provisions reducing it
from 20% to 15% and eliminating the multiple family mixed use provision. He stated a
few questions were posed to the City Attorney who indicated the language is adequate as
the ordinance is written. The question was also raised about the need for a super majority
to approve a PUD. The City Attorney felt that by rezoning the underlying zoning district,
a super majority is already taken into consideration and is again comfortable with the
language as the ordinance is written.
Motion by Daninger, seconded by Falk, to open the public hearing at 7:28 p.m. Motion
carried on a 5-ayes, O-nays, 2-absent vote.
There was no public input.
Motion by Daninger, seconded by Hedin, to close the public hearing at 7:29 p.m. Motion
carried on a 5-ayes, O-nays, 2-absent vote.
Commissioner Dalien stated his questions have been answered and he is comfortable with
the ordinance as revised.
Chair Squires agreed that discussions have been held regarding this ordinance.
Motion by Daninger, seconded by Dalien, to forward to the City Council a
recommendation to approve the amended Ordinance No. 112, Planned Unit
Development. Motion carried on a 5-ayes, O-nays, 2-absent vote.
Chair Squires stated that this item would be considered at the November 9, 2000 City
Council meeting.
ORDINANCE REVIEW: ORDINANCE NO. 270 -ANTENNAS AND WERS.
Zoning Administrator Jeff Johnson explained that the Planning and ing Commission
is asked to review Ordinance No. 270, An Ordinance Regulating e Construction and
Maintenance of Private and Commercial Antennas and Tower. He reviewed that a
temporary one-year moratorium was adopted on January 4 000 to protect the planning
process and prevent the construction and enlargement towers in the City. During this
one-year time period, a task force committee was fo ed made up of two Planning
Commissioners, two Park and Recreation Co . sioners, and several residents to review
the ordinance, conduct research, and prepare new ordinance regulating the construction
and maintenance of antennas and towers.
Special Joint Meeting of the Andover City Council and Planning and Zoning Commission
, Minutes - October 10, 2000
Page 2
(Communal Septics, Continued)
idea but didn't like the premise that it has to be done because of a lack of land. He'd be more
accepting of retaining the 2.5-acre lot size so density is not concentrated. Councilmember Orttel
opposed communal septics, feeling they would be used to get more density on land that won't
support that amount of houses. There is no benefit to the City. Commissioner Apel agreed, and
Councilmember Knight stated he opposed the concept. Councilmember Jacobson liked the idea of
clustering, but did not want communal septic systems to drive the clustering. He'd prefer to wait a
year or two to see if there is a real demand. Mayor McKelvey stated he is not in favor of them,
especially the one being proposed in the MUSA. He felt it would be a large problem extending
sewer into areas with communal systems. Commissioner Daninger agreed.
Councilmember Orttel stated the City used to allow one-acre lots in the intermittent zone. That
allowed immediate use of the land, and possibly communal septic systems could be used short-term
in the urban area. There is not a lot of private land owners left. If a person has 40 acres with only
one house on it, when the land is within 20 years of development, the county starts assessing
development land values for taxes. That is a concern for people, and this may be a way to resolve
that issue once the I-for-40 issue is resolved. Maybe it is something to consider in the transition
zone.
At this point, the general consensus was to make no change to the ordinance. Communal septic
systems are not allowed in the City.
PLANNED UNIT DEVELOPMENT ORDINANCE
Mr. Hinzman reviewed some of the major changes being proposed to the PUD Ordinance. The
major issue is density because unbuildable land could be credited for density. The Purpose in
Section I is now more concrete and the Section on Page 4, Section 8, Density, has been
strengthened. Those areas that are not buildable can no longer be considered for density increases.
Page 4, Section 8, Density: It was suggested in line two, add "parks, roadways, major drainage and
utility easements, and ..." Further in the paragraph, after discussion on the four categories offeatures
that must be met to increase density, it was generally agreed the fourth criteria should be stricken and
that the sentence would then read: "Density increases of up to five (5%) percent may be allowed for
each category listed below (15% maximum total) at the discretion of the City."
Page 5, Section 8, Item b: There was discussion on what "high quality" open space means. A
concern is not having to accept swamps. Mr. Hinzman stated the open space would be at the City's
discretion. There may be instances where lowland is desirable, but the intent is to get something the
City wants. If the City doesn't want it, there is no obligation to accept it.
,
Page 5, Section 8, Item d: Councilmember Orttel questioned the proposal to require at least 15% of
the housing in the rural area to be multiple. Mr. Hinzman stated the intent of the Planning
Special Joint Meeting of the Andover City Council and Planning and Zoning Commission
Minutes - October 10, 2000
Page 3
(Planned Unit Development Ordinance, Continued)
Commission was that multiple housing would be an urban use only. The reason 15% was used is
that is the housing goal over the next 10 years agreed to with the Metropolitan Council. Multiple
zoning will now be done with contract zoning. Mr. Carlberg thought the discussion was that PUD's
would not be allowed in the ruraI area CounciImember Ornel felt increasing density and asking for
more open space only intensifies the problem. At this point, the general consensus was to delete
Item d and allow for a total density increase of 15 percent (Page 4, Section 8... see above).
Page 1, Section 1: Mr. Carlberg stated in the past, all items were required of the PUD. Given that,
it was agreed to change the last sentence of the first paragraph to: "...Planned Unit Developments ,
shall accomplish all of the following: "
Page I, Item 7: Correct "(PUD is not a means to vary applicable planning and zoning principles.)"
Page 2, Section 4, Item 5: Mr. Hinzman explained the only thing the PUD ordinance would preclude
is R-4 development as strictly single family. That is the current definition. Correct the first sentence
in Item 5, "Common open space to meet the minimum density requirements..." There was some
discussion on what would constitute acceptable open space, some concerned that this could end up
I in litigation. Councilmember Orttel stated this would be a contract, so there would be no ability to
litigate until a contract is reached and someone has breached it. He didn't feel wetlands should be
totally eliminated, as there may be some instances where it would be desirable. He also noted that
the Planning Department in some cities actually lays out the streets, ponding, etC., and the developer
must conform to that plan. Possibly as the City gets more developed, it may come to that as well.
The City does have the ability to tell the developer what they want in terms of open spaces, parks,
etc.
Page 3, Subsection 3: Fourth and fifth lines, change to: "private infrastructure..." and "...shall assess
or charge individual property owners..."
Page 3, Subsection 4: Councilmember Jacobson recommended the word "covenants and" be added
in the third line to include covenants and applicable rules and regulations of the City. Others felt that
covenants should not be included because the City doesn't have the right to enforce covenants unless
it is written in that the City is a party to it. It was agreed the City Attorney should review the item
and make a recommendation.
Page 6, 15,2, b: Councilmember Jacobson felt that Item lIon Page 5 conflicted with this section
regarding private internal streets. Councilmember Orttel felt the only reason private internal streets
have been allowed is to allow housing to be built closer to the street. He wondered if that should be
allowed. It bothers him that this is used to get more houses in the City. Also, what happens to them
since the City doesn't maintain them? Because of the concern with private streets, it was agreed
to strike the last portion of subsection b relating to private streets. The item is to read, "No building
shall be located less than 20 feet from the back of the curb line along those streets."
Special Joint Meeting of the Andover City Council and Planning and Zoning Commission
Minutes - October 10, 2000
Page 4
(Planned Unit Development Ordinance, Continued)
(Commissioner Hedin left at this time, 7:20 p.m.)
Page 7, 3, c: COWlcilmember Jacobson was concerned that there be extra screening and landscaping
between commercial and residential areas. The City owes it to the people living there first to make
sure they are adequately protected. He suggested a sentence be added that "Additional caution shall
be taken for multiples or cominercial districts abutting existing residents." Mr. Hinzman noted the
Andover Review committee does the site plan review and looks closely at screening.
COWlcilmember Orttel noted the State laws are strict with requiring a 4/5 vote on a rezoning, yet the
rezoning can be subverted with a PUD that only requires a 3/5 vote. He wondered if the zoning
portion of the PUD can be written to require a super majority in order to pass it. The other problem
is much of the PUD is so subjective, it may be difficult to get a 4/5 vote. He felt it deserves
discussion and real sensitive treatment when getting into this. Possibly only a 4/5 vote should be
required when dealing with some commercial or even multiple development. Staffwas asked to
check with the City Attorney to see if requiring a 4/5 vote in some instances is possible.
Page 8, Item 18: Councilmember Jacobson felt the developers are already constructing the
improvements of trails, parks, etc. Mr. Carlberg explained in Grey Oaks, for instance, aU of the site
improvements are being done in the first phase. If that would not be done, the City would require
an escrow for the unfinished items. No change was made.
Mr. Carlberg stated after legal cOWlSel review, a public hearing before the Planning Commission will
be scheduled. The Council agreed.
COMPREHENSIVE PLAN UPDATE
Mr. Hinzman reported the transportation issues have been resolved with the Metropolitan COWlcil
Staff. Much of the information on the sewer and housing issues are being obtained. On the issue
ofIand use, there is a difference between the Metropolitan COWlcil policy and the City's document
in the 2020/2040 area for future urban expansion. The City has made the 2040 line the same as the
2020 line. Metropolitan COWlcil Staff has taken issue with that. The other issue is the 1/10 in the
rural area. There has been no conclusion on that issue. Mr. Carlberg stated the Metropolitan
COWlcil Staffhas said there is still a considerable amount ofIand to be developed in the rural area
and that it needs to be held a 1/10 development.
Council member Orttel understood Ham Lake is developing one-acre lots. Where are they with a
Comprehensive Plan? Mr. Carlberg didn't think they had to have a comprehensive plan, but he wiU
look into it.
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
I
DATE: November 9.2000
AGENDA SECTION
ORIGINATING
DEPARTMENT
Staff, Committees, Commissions Finance
Jim Dickinson
ITEM NO.
Reschedule Budget Workshop
H,
Request:
The City Council is requested to schedule a meeting date for a 2001 Budget Workshop to discuss
further, budget modifications and staffing requests discussed at the August 22"d workshop.
The Truth-in- Taxation hearing date is November 30, 2000. The Finance Department requests that
the workshop be scheduled to allow at least one week to prepare for Truth-in- Taxation hearing
Some suggested dates and times are:
,
November 14th following the EDA meeting: Approximately 8:30 p.m.
November 16th at 7:00 p.m.
~ CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: November 9. 2000
AGENDA SECTION ORIGINATING DEP7NT
Staff, Committees, Commissions Todd Haas,
Engineering
ITEM NO.
Schedule Continuation of Joint Meeting!
Park & Recreation Commission
\l
The City Council is requested to schedule the continuation of the special joint meeting with the
Park & Recreation Commission.
The Commission is recommending scheduling the special meeting on Thursday, December ih
at 7:00 PM.
Items that still need to be discussed are as follows:
* Discuss Position of Park & Recreation Director
* Discuss DNR Grants
* Discuss the Proposed 2001 Trail Fee
, * Fencing Guidelines for Ballfields at Various Parks
* Update of Ordinance, Section 9.07!Park Dedication Requirements
The Park & Recreation Commission would like to thank the Mayor and City Council for taking
the time to come to the joint meeting that was recently held.
/
~ CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: November 9. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Staff, Committees, Commissions Scott ~ricks.on~(
Engineering
ITEM NO.
Set Council Workshop Date/Andover High School/
00-18/Street & Utility Improvements
\3,
The City Council is requested to schedule a workshop date to discuss any street and/or utility
improvements adjacent to the Andover High School site. This discussion should be held prior
to the meeting with the School District and Anoka County Commissioners in preparation of
that meeting.
Possible Dates:
* 8:30 PM, Tuesday, November 14 - After EDA Mtg. (Unless Budget
Workshop is held on this date)
, * 7:00 PM, Thursday, November 16 - Include with budget meeting?
* Other?
~ CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: November 9. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Staff, Committees, Commissions Scott ~ricks.on,~t
Engineering
ITEM NO.
Receive Traffic Study/Andover High School/Set Meeting Date
i~.
The City Council is requested to receive the traffic study developed by SEH for the Andover
High School area. The study projects the traffic volumes anticipated from the High School and
makes some recommendations on highway improvements. At this point we have not prepared
a presentation for the Council regarding this report but would suggest the possibility of a joint
meeting between the City Council, School Board/Staff and the Anoka County Highway
Engineers/Commissioners to review the report and discuss the timing and funding of any
improvements.
-'
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
,
DATE: November 9 , 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Staff, Committee, Commission Community Development
ITEM NO. David L. Carlberg
\S. Community Development Director
Accept Resignation
John Hinzman, City Planner
Authorize Advertisement for Position.
The City Council is requested to accept the resignation of John Hinzman, City Planner effective
November 25,2000 (see letter attached). John is taking a position with TKDA, Inc. John's
efforts, contributions and professionalism over the past four years will be sadly missed.
The Council is also requested to authorize Staff to advertise for the position and proceed with
the hiring of a replacement.
i
This .let1:er serves as my resignation as City Plaimereffectiv~N ovember 25,2000.. Over
. the past four years I have been privileged to .work for an outstanding organization both
professi~nallyand personally. I l;J.ave learned much, and am proud Of the . .
accomplishments the city has made. . Negative issues or. ill feelings did notJactor into my
decision to leave Andover.. The position I have accepted at TIillA will allowmetobe
close~to home, and provide me the opportunity to expand my planningresponsibilities.'
C5> CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
\
) DATE: November 9. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion/Consent Item Scott EricksonQJ[
Engineering
ITEM NO.
Authorize Right-of-Way Plat at High School Location!
00-18/Andover Boulevard Extension - Phase I (High School Location)
\\0.
The City Council is requested to authorize Caine & Associates Land Surveyors, Inc. to create
a right-of-way plat for the extension of Andover Boulevard at the High School location. The
quotes received are as follows:
Caine & Associates $3,200.00 (not to exceed)
SEH $5,000.00 (approx.)
The right-of-way plat is necessary to define the right-of-way at this location for the extension of
Andover Blvd. through the High School property. This cost will be reimbursed from the
municipal state aid fund.
;
DO-Ie,
eainc ~ Associatcs
, , Land Snrvc!lors, Jnc.
JEFFREY N, CAINE 17720 HIGHWAY 65 NE (763) 434-7646
R.LS, HAM LAKE, MINNESOTA 55304
October 6, 2000 - ~'o' """'-l
t<: t ~u t, ~ .:~..~'~.i._:.-~~-,
Mr. David Berkowitz \O~'~, \ \
City of Andover L ----.-...-------';: ~ \
1685 Crosstown Boulevard N,W. C\:';:'{p:;:: ,;':' ,~\,
I -' ~ ,'- ,---,:. .-----,
Andover, MN 55304
SUBJECT: Estimate for Right-of-Way Plat
Andover Boulevard Extension
Dear Mr. Berkowitz:
At your request, I have prepared the following estimate of the cost to provide the City of Andover with the
surveying services necessary to prepare a plat ofthe right-of-way of Andover Boulevard, extended west of
, Crosstown Boulevard for approximately 2,000 feet
,
I will prepare a plat of the right-of-way of Andover Boulevard, extended approximately 2000 feet
west from Crosstown Boulevard, for $3,000 to $3,200, not to exceed $3,200,00. The survey will
include owner research, center line alignment stakes, preparation of the plat, setting iron monuments
at all plat boundary corners and curve points, legal descriptions for portions of underlying properties
that lie within the right-of-way, and mylar copies for recording.
I will complete the work within four weeks of receiving authorization to proceed,
Thank you for the opportunity to submit this proposal. If you have any questions or need additional
information, please feel free to contact me.
Yours truly,
CAINE & ASSOCIATES LAND SURVEYORS, INC,
I~ //?~~
Jeffrey N, Caine, President
IN,C:jrnk
/
,
'-.,
(5) CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
, j DATE: November 9. 2000
AGENDA SECTION ORIGINATING DEPARTMEN~(
Non-Discussion/Consent Item Scott Erickson,
Engineering
ITEM NO.
Order Preparation of Plans & Specs/00-18/
\I~ndover Boulevard NW Extension (High School Location)
The City Council is requested to approve the resolution ordering improvement and directing
preparation of plans and specifications for the improvement of Project 00-18, Andover
Boulevard NW Extension (High School Location).
The work associated with this project will consist of surveying and designing the extension of
Andover Boulevard NW from Crosstown Boulevard NW to the west property line of the High
School site. As discussions on this area continue, there may be additional components added
to the project. At this point in time we need to proceed with the project survey and design to
remain on track. A public hearing will be held for the School District's share of the
improvement costs prior to bidding this project.
/
J
/
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Council member to adopt the following:
A RESOLUTION ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF
PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT NO.
00-18 FOR ANDOVER BOULEVARD NW EXTENSION (HIGH SCHOOL
LOCATION).
WHEREAS, the City Council is cognizant of the need for the street
construction; and
NOW, THEREFORE BE IT RESOLVED by the City Council to order the
improvement of Andover Boulevard NW Extension (Hiqh School Location), Project
00-18; and
/ BE IT FURTHER RESOLVED by the City Council to hereby direct SEH to
prepare the plans and specifications for such improvement project.
MOTION seconded by Councilmember and adopted by the
City Council at a reqular meeting this 9th day of November , 2000 , with
Councilmembers voting
in favor of the resolution, and Councilmembers
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
ATTEST:
J.E. McKelvey - Mayor
Victoria Volk - City Clerk
/
(5) CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
"
.I DATE: November 9. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion/Consent Item Scott ~ricks.ono~
Englneenng
ITEM NO.
Proposed Townhome Development!
South of 133rd & Hanson/Coon Rapids
\~.
The City of Andover has received a preliminary indication from the City of Coon Rapids that
the area east of Hanson Boulevard and south of 133rd Ave. (currently a County driveway to
the County's compost site) may soon be developing. Although the development will be
entirely within the City of Coon Rapids, a street connection to the City of Andover is being
proposed. At this point a City street or right-of-way at this location (133rd Ave. does not
extend to the east of Hanson Blvd.) does not exist.
As this project continues to develop and more information is provided, additional Council
review and direction will be necessary.
I
,
10-12-00 04:22pm From-CITY OF COON RAPIDS ENG-PlANINSP +7637676573 T-571 P.Ol/02 F-142
J
, ~OON
.~~A.. --
,fP ~~
FAX COVER SHEET
DATE: 10-12-00
TO: Scott Erickson, City Engineer FAX: 755-8923
FROM: Douglas J. Vierzba
, Assistant City Engineer
Engineering Division
11155 Robinson Drive
Coon Rapids, MN 55433
Telephone: (763) 767-6465
Fax: (763) 767-6573
NUMBER OF PAGES INCLUDING COVER SHEET: -L
SUBJECT: New Development--Hanson Boulevard and 133'd Avenue
MESSAGE: Mark Smith is proposing to develop 190 units of town homes in
the area south of 133rd Avenue and east of Hanson Boulevard. It appears
that the main access would have to be from 133rd Avenue(see map) which is
just a County-type access road to the compost site--not a normal public
street with dedicated ROW. Coon Rapids has had this route designated
MSA for many years. The road is completely within Andover as the existing
pavement is clearly north of the section line. The access to the new
, development would be 600 feet east of Hanson and border land not in the
proposed development. I will get comments from ANOKA COUNTY
HIGHWAY DEPARTMENT and would like to get your thoughts on this.
OCT 12 2000 16:18 +7637676573 PAGE. 01
10-12-00 04:22pm From-CITY OF COON RAPIDS ENG-PLANINSP +7637676573 T-571 P,02!02 F-142
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OCT 12 2000 16:19 +7637676573 PAGE. 02
J CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: November 9, 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non - Discussion Item Planning
ITEM NO.
Approve Correction John Hinzman
Vacation of Easement 00-01 City Planner
Swallow and Uplander Streets
\~. North Valley Ridge
Request
The City Council is asked to approve the proposed correction to Resolution 094-00
vacating the road, drainage and utility easements for portions of Swallow Street and
Uplander Street in NORTH V ALLEY RIDGE. A portion of the original resolution did
not correctly identify the vacation as a road and utility easement.
The corrected resolution is attached.
CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
I
RES. NO. R -00
A RESOLUTION AMENDING RESOLUTION 094-00 GRANTING THE VACATION
OF EASEMENT REQUEST OF ED FIELDS AND SONS TO V AC'A TE PORTIONS
OF A DRAINAGE, ROAD AND UTILITY EASEMENT ALSO KNOWN AS
"SWALLOW STREET NW" AND "UPLANDER STREET NW" IN THE
SOUTHWEST QUARTER OF SECTION 15 AS PART OF THE PRELIMINARY
PLAT OF NORTH V ALLEY RIDGE.
WHEREAS, Ed Fields and Sons has requested to vacate the following drainage, road and
utility easements in the Southwest Quarter of Section 15 as part of the Preliminary Plat of
North Valley Ridge:
Swallow Street NW
The West 66 feet ofthe North 699.51 feet of the East 354.76 feet as measured
along the East and North lines respectively, of the Southwest Quarter of the
Southwest Quarter of Section 15, Township 32, Range 24, Anoka County,
Minnesota. And that part of said Southwest Quarter of the Southwest Quarter that
lies within the arc of a circle radius of 66 feet, the vertex point of which is at the
intersection of a line parallel with and distant 458.44 feet South of the North line
of said Southwest Quarter of Southwest Quarter, as measured along the East line
thereof, and a line parallel with and distant 288.76 feet West of the East line of
said Southwest Quarter of Southwest Quarter, as measured along the north line
thereof.
Uplander Street NW
The south 100 feet of the west 17 feet of the east 289.99 feet of the West Half of
the Northwest Quarter of the Southwest Quarter of Section 15, Township 32,
Range 24, Anoka County, Minnesota, as measured parallel with the east and north
lines thereof, and the south 100 feet of the west 17 feet ofthe east 372.99 feet of
said West Half of the Northwest Quarter of the Southwest Quarter as measured
parallel with the east and north lines thereof.
WHEREAS, the City Council finds the request would not have a detrimental effect upon
the health, safety, moral, and general welfare of the City of Andover; and
WHEREAS, a public hearing was held and there was no opposition to the request.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover
hereby grants the vacation ofthe drainage, road and utility easement as requested subject
to the following conditions:
1) Public dedication of right of way with the recording of the Final Plat of North
Valley Ridge to eliminate the need for said vacated drainage, road, and utility
easements as determined by the City Engineer.
City Council Resolution Page Two
Vacation of Easement - North Valley Ridge November 9, 2000
2) That the request is subject to a sunset clause. If the City Council determines that
no significant progress has been made within the first twelve months from the
approval date the resolution shall be null and void.
Adopted by the City Council of the City of Andover on this 9th day of November 2000.
CITY OF ANDOVER
ATTEST J.E. McKelvey, Mayor
Victoria V olk, City Clerk
J
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: November 09, 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion Item Planning
ITEM NO. Dan Taylor,
SUP 00-10 City Planner Intern
3928 168th Avenue NW
~D. Paul and Marsha Dziedzic
Request
The City Council is asked to review the Special Use Permit request by Paul and Marsha
Dziedzic to allow the operation of an office/warehouse business from an accessory
building (detached garage) on the property located at 3928 168th Avenue NW, (PIN 08-
32-24-32-0012).
The property is zoned R-l, Single Family Rural.
Planning and Zoning Commission Action
The Planning and Zoning Commission voted 5-0 (2 absent) to recominend approval of
the request at the October 24, 2000 meeting. The Commission agreed to recommend
approval of the Special Use Permit subject to staff recommendations. Please consult the
attached staff report and minutes from the meeting for more information.
Attachments:
. Resolution for Approval
. Planning and Zoning Commission Minutes - October 24, 2000
. Planning and Zoning Staff Report - October 24, 2000
I CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R -00
A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST BY PAUL
AND MARSHA DZIEDZIC TO ALLOW THE OPERATION OF AN
OFFICEIW AREHOUSE BUSINESS FROM AN ACCESSORY BUILDING
(DETACHED GARAGE) ON THE PROPERTY LOCATED AT 3928 l68TH AVENUE
NW, LEGALLY DESCRIBED AS LOT 2, BLOCK 2 ECHO HILL SECOND
ADDITION.
WHEREAS, Paul and Marsha Dziedzic has requested a Special Use Permit to allow the
operation of an office/warehouse business from an accessory building (detached garage)
on the property located at 3928 l68th Avenue NW, (PIN 08-32-24-32-0012). Said
property is legally described as Lot 2, Block 2, Echo Hill Second addition.
WHEREAS, the Planning and Zoning Commission has reviewed the request and has
determined that said request meets the criteria of Ordinances No.8, Sections 5.03 and
4.30.
I WHEREAS, the Planning and Zoning Commission finds the request would not have a
detrimental effect upon the health, safety, morals and general welfare of the City of
Andover; and
WHEREAS, a public hearing was held pursuant to state statues; and
WHEREAS, the Planning and Zoning Commission recommends to the City Council
approval of the Special Use Permit as requested.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover
hereby agrees with the recommendation of the Planning and Zoning Commission and
approves the lot split on said property with the following conditions:
1. The home business shall be limited to one (1) employee on site in addition to
family members and shall comply with all other home occupation regulations as
stated in ordinance No.8, section 4.30.
2. No more than eight hundred (800 s.f.) Square Feet of the accessory structure can
be used for the home business as stated in ordinance NO.8, section 4.30.
3. Parking requirements shall be met as per ordinance No.8, sec;tion 8.08.
4. Prior to any business being conducted on the premises an on-site inspection shall
be conducted by city staff to assure the business complies with City ordinances.
Page Two
, I Resolution (SUP 00-10) - Dziedzic
5. The residence shall be owner occupied.
6. Hours of operation shall be daily from 8:00 a.m. - 9:00 p.m.
7. Upon sale of the premises for which the Special Use Permit is granted, such
permit shall terminate.
8. The Special Use Permit shall be subject to annual review and site inspection by
City Staff.
9. The Special use Permit shall be subject to a sunset clause as stated in Ordinance
No.8, Section 5.03(D).
Adopted by the City Council of the City of Andover on this_day of ,2000.
ATTEST: CITY OF ANDOVER
I
Victoria V olk, City Clerk J.E. McKelvey, Mayor
Regular Andover Planning and Zoning Commission Meeting
Minutes - October 24, 2000
Page 2
'.
operation. The applicants are currently in the process of building a new home in
Andover, located in the Echo Hill Second Addition, and the proposed office/warehouse
establishment would be relocated to a garage on the northeast portion of the property.
Staff reviewed the nine conditions contained in the proposed resolution and indicated
staff has no concerns with the request as proposed.
Commissioner Dalien inquired regarding the number of employees allowed with a home
occupation. Mr. Hinzman stated one employee is allowed outside the immediate family.
Commissioner Daiien suggested that language be included in Condition I to indicate it is
"outside the immediate family." Mr. Hinzman stated staffwill clarify that condition in
the resolution.
Chair Squires asked how this use relates to defined home occupations as contained in the
ordinance. Mr. Hinzman reviewed the three pennitted uses and stated staff reviewed the
applicant's proposed businesses and felt it met provision (d) as being a similar use. He
noted that cabinet and woodworking uses are construction-supply related activities and
the applicant's business falls in line with that similar use.
Commissioner Daninger asked if there are any issues related to hazardous materials. City
Planner John Hinzman stated the applicant is storing the product which then goes out to
the job site so use of hazardous products is not a concern.
Commissioner Dalien noted the barrels depicted in the photograph of the applicant's
current house. He asked if it is intended to store the caulking material in the existing
garage beyond the 800 square foot limit. Mr. Hinzman suggested that question be asked
of the applicant.
Motion by Falk, seconded by Dalien, to open the public hearing at 7:08 p.m. Motion
carried on as-ayes, O-nays, 2-absent vote.
Commissioner Daninger asked how long the material is stored and how often it leaves the
site.
Marsha Dziedzic, applicant, stated they have a small quantity of caulk on hand but they
do not have customers coming to this site.
Commissioner Daninger asked if the garage will be constructed of brick. Ms. Dziedzic
stated the picture shows shakes, not bricks, and the garage will match the house.
Commissioner Daninger asked if there are homes on either side of this property. Mr.
Hinzman stated the lots to the east and west are vacant at this time.
Mr. Dziedzic advised the material is window caulk.
Regular Andover Planning and Zoning Commission Meeting
J Minutes - October 24, 2000
Page 3
Commissioner Dalien asked if the entire garage will be used for storage.' Ms. Dziedzic
stated the garage will also hold other items such as ladders.
Chair Squires asked how many vehicles will be in and out of the site on a given day. Ms.
Dziedzic stated the delivery truck comes once to twice a month and employees would
come, perhaps, five times a week to drop off time cards or pick up supplies. She
explained that for big jobs, the caulk material is delivered directly to the job site.
Mr. Dziedzic stated they currently have a 24' by 24' garage and one-half is being used for
storage. But, they would like a little more space to store the ladders indoors.
Commissioner Hedin asked about Condition 1 and if five employees who never came to
the house would have an impact. Mr. Hinzrrian stated this condition relates to the home
occupation. Ifthere is one employee working on site, it would be acceptable. But if it
exceeds more than one employee, then it would be a violation. Mr. Hinzman added that
employees at ajob site have not been included in the equation in the past.
Ms. Dziedzic stated she is the only employee in the office to do the paper work. Mr.
Dziedzic stated he visits the job sites during the day and bids out the jobs.
Chair Squires noted this is more ofa contractor-type of use since the work is taking place
off site. He asked if the City has ever granted a SUP for contractor-related uses. Mr.
Hinzman estimated five or so such SUPs have been granted over the past ten years for
uses such as cabinet making, woodworking, repair business, and a pottery barn.
Chair Squires asked if any had been denied. Mr. Hinzman stated he cannot recall any
being demed.
There was no additional public input.
Motion by Hedin, seconded by Dalien, to close the public hearing at 7: 15 p.m. Motion
carried on as-ayes, O-nays, 2-absent vote.
Commissioner Falk stated he sees no objection to this request and asked if the appearance
of the garage will match the house. Mr. Hinzman stated while that is not a requirement of
the Code, it appears that is the applicant's intention.
Mr. Johnson stated this parcel is more than three acres so a pole barn could be
constructed but the applicant chose to have a garage that matches the exterior of the
house.
Regular Andover Planning and Zoning Commission Meeting
Minutes - October 24, 2000
Page 4
Chair Squires stated he sees this as a close call in trying to define this home occupation to
be similar to a woodworking business. However, a SUP for a cabinetmaker, who is a
contractor, has been approved in the past. Chair Squires stated he does not see this as
being as clear cut as is being assumed. He suggested giving thought to what this will do
in terms of setting a precedent, Le., to allow contractors to set up their business from a
residential lot. He noted that other contractors have their office in a business district.
Chair Squires stated it is the City's goal to guide those types of uses to business and retail
districts and while the applicant has a nice proposal and had no problems in the past, that
may not be the case with the next application.
Commissioner Dalien stated the difference is in the type of contracting involved. In this
case, there is not a lot of traffic. However, with a homebuilder there may be many clients
coming to review plans, etc. He noted that with this applicant's business, there is
virtually no traffic coming to the home. He stated the level of traffic is a consideration
for him but he is unsure how it could be governed unless a number of trips per day is
included in the restrictions.
Chair Squires agreed traffic is the overriding consideration but stated he wanted to point
out this is probably as liberal as the Commission has gotten in considering this type of
use as being similar to the list of three that are acceptable. He stated he is not suggesting
the request be denied, but wanted aUto understand the implications of this interpretation.
Commissioner Falk asked if this ordinance should be reviewed in that regard.
Chair Squires stated if this type of operation is considered to be allowable, then the
Commission needs to recognize that as similar applications are received, this precedent
will have a role in the decision making process. He stated he finds this to be a liberal
interpretation of the ordinance.
Zoning Administrator Jeff Jolmson noted the criteria restricting the use to 800 square feet.
He stated staff shares the concern if the business expands beyond 800 feet as being better
suited to a retail or commercial district. He suggested the ordinance be reviewed if
additional similar requests are received.
Chair Squires noted the ability to place restrictions on the nature of the use related to size
and setbacks which make it more narrowly defmed.
Commissioner Hedin asked if the neighbors were notified. Mr. Hinzman stated the map
in the report identifies the extent of notification. He estimated 10 to 15 people were
notified plus a sign was posted on the property. He stated one resident stopped by \Vith
questions.
Regular Andover Planning and Zoning Commission Meeting
Minutes - October 24, 2000
/ Page 5
Commissioner Hedin asked about signage for this use. Mr. Hinzman stated signage is
restricted to four square feet but none has been requested.
Motion by Daninger, seconded by Hedin, to forward to the City Council a
recommendation to approve the request for a Special Use Pennit submitted by Paul and
Marsha Dziedzic based on the rationale that the Commission fmds the request meets the
criteria established in Ordinance No.8, Section 5.03, including: the use will not be
detrimental to the health, safety, morals or general welfare of the community; the use will
not depreciate the surrounding property; and the use is in harmony with the
Comprehensive Plan. The Commission also finds the use meets the provisions specified
in Ordinance No.8, Section 4.30, Home Occupations. This recommendation is subj ect to
the following conditions:
1. The home business shall be limited to one (1) employee outside the immediate
family and shall comply with all otller home occupation regulations as stated in
Ordinance No.9, Section 4.30.
2. No more than eight hundred (800 s.f.) square feet of the accessory structure can be
used for the home business as stated in Ordinance No.8, Section 8.08.
3. Parking requirements shall be met as per Ordinance No.8, Section 8.08.
/ 4. Prior to any business being conducted on the premises an on-:;ite inspection shall
be conducted by city staff to assure the business complies with City ordinances.
5. The residence shall be owner occupied.
6. Hours of operation shall be daily from 8:00 a.m. - 9:00 p.m.
7. Upon sale of the premises for which the Special Use Permit is granted, such
permit shall terminate.
8. The Special Use Permit shall be subject to annual review and site inspection by
City Staff.
9. The Special Use Permit shall be subject to a sunset clause as stated in Ordinance
No.8, Section 5.03(D).
Motion carried on as-ayes, O-nays, 2-absent vote.
. Chair Squires stated that this item would be considered at the November 9, 2000 City
Council meeting.
PUBLIC HEARING: AMEND ORDINANCE NO. 112, PLANNED UNIT
DEVELOPMENTS.
City Planner John Hinzman explained that the Planning and Zoning Commission is asked
to hold a public hearing and review the proposed amendments to Ordinance No. 112,
Planned Unit Development (PUD). He explained this ordinance has been in place for
about four years but some problems were found related to the definition of "buildability,"
CITY OF ANDOVER
/ REQUEST FOR PLANNING COMMISSION ACTION
DATE: October 24, 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Discussion Item Planning
ITEM NO. Dan Taylor,
SUP 00-10 City Planner Intern
3928 168th Avenue NW
Paul and Marsha Dziedzic
Request
The Planning and Zoning Commission is asked to review the Special Use Permit request
by Paul and Marsha Dziedzic to allow the operation of an office/warehouse business
from an accessory building (detached garage) on the property located at 3928 168th
Avenue NW, (PIN 08-32-24-32-0012).
The property is zoned R-l, Single Family Rural.
J
Applicable Ordinances
Ordinance No.8, Section 4.30 - Home Occupations
Ordinance No.8, Section 4.30 allows home occupations in garage or accessory building
by the granting of a Special Use Permit. Please see attached ordinance for more
information.
Ordinance No.8, Section 5.03- Special Use Permit Criteria
Ordinance No.8, Section 5.03, regulates the Special Use Permit process in granting a
Special Use Permit, the following criteria shall be examined.
1. The effect of the proposed use upon the health, safety, morals, and general welfare of
occupants of surrounding hands.
2. The existing and anticipated traffic conditions including parking facilities on adjacent
streets and land.
3. The effect on the values of property and scenic views in the surrounding area.
/ 4. The effect of the proposed use on the Comprehensive Plan
Page Two
I SUP (00-10) - Dziedzic
General Review
Paul and Marsha Dziedzic are currently operating an in-home office/warehouse business
(selling caulking Products) in the community of Coon Rapids (221 104th Avenue NW).
They have been operating at this address for several years and no public disturbances
have been reported from the city on this operation.
Paul and Marsha are currently in the process of building a new home in Andover, which
will be located in the Echo Hill Second Addition. The proposed office/warehouse
establishment would be located in an Accessory building (garage) on the NE portion of
the property. Please see attachments for details.
Application for the establishment has been submitted to the city by Ms. Dziedzic for
review and approval. Staff has reviewed the proposal for an office/warehouse in an
accessory building (garage) and has no concerns.
Please review the attached resolution and conditions for the permit.
Commission Options
I The Planning and Zoning Commission may recommend one of the following options:
1. Recommend approval ofthe Special Use Permit to the City Council. The commission
finds the request meets the criteria established in ordinance NO.8, Section 5.03.
The commission finds that the request meets the criteria established in the Ordinance
No.8, Section 5.03, including: the use will not be detrimental to the health, safety,
morals or general welfare of the community; the use will not depreciate the
surrounding property and the use is in harmony with the Comprehensive Plan. The
commission also finds the use meets the provisions specified in Ordinance No.8,
Section 4.30, Home Occupations.
2. Recommend denial of the Special Use Permit, citing specific reason for denial.
3. Table the application pending further information from staff.
Attachments:
. Resolution for Approval
. Site and area location maps
. Public Hear Notice
, . Application for Special Use Permit
. Home Occupations Ordinance No.8, Section 4.30
f61\ City of 3928 168th Avenue NW
I ~ Andover Operation of Business in Accessory Buildin
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LEGEND
o 350' Mailing Boundary
NSubjeclprOperlYf N
fA. Source.:
rim Properties Notified Andover Planning
Andover GIS
Anoka County GIS
Site Location
1 inch - 399 reet RF -1:4.793
-
~ SURVEY fOR: New Innovation Homes, Inc.
DESeRl PTlDN:
/ APPROVED STAMPED SURVEY
MUST BE ON JOB SITE
FOR FOOTING INSPlmON. ~
ARAGE nOOR SHAll BE lollNIMUM 1&" ~
.BOVE EXlsnNG STREET GRADE Wllll <:>
lAXIMUM SLOPE OF 10 PERCEllT. ~ ,
YSTE':
All
KEPT
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PROPOSED GARAGE FLOOR ELEVATION ~
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~~v -
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OFFICE PLANS PAUL 4: MARSHA DZIEDZIC D. DZIEDZIC
(\) 3928 - I G8th AVENUE
EAST 4: WEST ELEVATIONS ANDOVER, MN 55304 4-25-00
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F , , CITY of ANDOVER
,
.. ' .
1685 CROSSTOWN BOULEVARD NW' ANDOVER, MINNESOTA 55304' (763) 755-5100 FAX (763) 755-8923
NOTICE OF PUBLIC HEARING
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
The Planning and Zoning Commission of the City of Andover will hold a public
hearing at 7:00 p.m., or as soon thereafter as can be heard, on Tuesday,October
24,2000 at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover,
Minnesota to review tl1e Special Use Permit request of Paul and Marsha Dziedzic
to operate an office/warehouse business in an accessory building on the property
\ . located at 3928 168th Avenue NW, legally described as Lot 2, ~lock 2, Echo Hill
,,~
Second Addition.
All written and verbal comments will be received at this time and location.
A copy of the application will be made available at city Hall for review prior to
said meeting.
-
Publication Dates: October 13,2000
October 20,2000
.. '\
'-.J
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
/
DATE: November 9.2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion Finance
ITEM NO.
Approve Fixed Asset Policy and Fixed Asset Procedure Manuals
J\.
REOUEST
The Andover City Council is requested to approve the updated attached Fixed Asset Policy and Fixed
Asset Procedure Manuals.
BACKGROUND
As discussed by our auditors at the 1999 Financial Statements presentation, the City of Andover will
/ have to update the Fixed Asset Policy and Procedure Manual to comply with the implementation of
GASB 34. These updated manuals will provide interested individuals with a simple yet effective way
of accounting for the assets of the City. They will also aid in capital purchasing decisions by
providing information about assets that may need to be replaced. An annual review of the Manuals
will also be conducted to ensure tlley are meeting the needs of users.
If you have any questions and would like to remove tllis item from non-discussion, please contact Jim
Dickinson before the meeting so appropriate presentation material may be prepared.
/
, /
@
CITY OF ANDOVER
FIXED ASSET SYSTEM
I
PROCEDURE
MANUAL
,
, /
T ABLE OF CONTENTS
/
I. INTRODUCTION ________________________.________.____n________.______..__nn_.____n__________n_n_n..n______n________.l
. Departmental Responsibility
. Finance Department Responsibility
II. IDENTIFYING A FIXED ASSET -______00-------______00---------------------------------___________n______._______~
. Fixed asset Definition
III. ENTERING INFORMATION ON THE APPROPRIATE FORM_n_________nn___m__n______}
. Fixed Asset Addition Form
. Fixed Asset Transfer Form
. Fixed Asset Retirement Form
. Sample Forms
IV. TAGGING PROCEDURE _____________________________________________n_________________________________________________1
. Placement ofthe Fixed Asset Tag
. Replacing Damaged Tags
APPENDIX A: ITEM CLASSIFICATIONS ____________________________n___________________n_______n___________________;!
. Land
. Buildings
/ . Motor Vehicles
. Furniture & Fixtures
. Computers & Electronic Equipment
. Park & Recreation Equipment
. Engineering Equipment
. Water & Sewer Equipment
. Central Equipment Services
. Recycling
. Fire & Rescue Equipment
APPENDIX B: ITEM TYPES, CONDITION CODES, BUILDINGS AND SITES______n_____m___~
. Item Types
. Condition Codes
. Buildings
. Sites
APPENDIX B: CONTINUED: SITES FOR PARKS _______00_________________________________________________________9-
APPENDIX C: DEPARTMENT CODES AND ACQUISITION TypES_____n__._n____.__________nn~~
. Department Codes
. Acquisition Types
APPENDIX D: COST AND VALUE ADDED ACTIVITIES FOR AN ASSET _________00 ___ __00____ Jl_
i
APPENDIX E: DISPOSITION REASONS _____________________________________________._____________________n__________l~
J FIXED ASSET PROCEDURE MANUAL
I. INTRODUCTION
Andover City officials have the responsibility of maintaining the City's fixed assets under the
provision of Governmental stewardship. Therefore it is imperative that the City has a procedure
manual to help identify, tag, record and maintain these vital assets.
Departmental Responsibility
All Departments will need to play an integral role in the maintenance of the Fixed Asset System,
with the Finance Department overseeing ilie whole process. For this process to run smoothly, a
liaison will be needed from each Department. Therefore, each Department Head/Supervisor will
have the option of either being the fIxed asset liaison or designating a subordinate to act in that
capacity. This liaison will have the following responsibilities:
. Determining if an item is a fIxed asset
. Filling out the appropriate form in a timely fashion
. Tagging the fixed asset in the appropriate location
. Reviewing the biannual printouts of Department inventory
. Assisting in the annual inventory
. Other miscellaneous duties
Finance Department Responsibility
. Ensuring the accuracy of the Fixed Asset forms
. Filling in necessary information when it becomes available
. Entering completed fonns into the Fixed Asset Program.
. Providing reports as requested
. Depreciation calculations
. Other miscellaneous duties
The integrity ofiliis system is directly correlated to the comprehension and cooperation of its
users. It is of the utmost importance that all City of Andover employees are aware of this system
and partake in maintaining it. As a result, all employees will have useful and accurate data when
making capital purchasing decisions.
1
II. IDENTIFYING A FIXED ASSET
A. Fixed Asset Definition
According to Governmental Accounting, Auditing and Financial Reporting (GAAFR) a fixed
asset is defmed as a specific piece of property which meets the following:
1. It is tangible and does not materially change its form through use.
2. Its expected useful life is greater than three years.
3. It has significant value. In Andover's fmancial system, significant value has two
different thresholds:
. $250.00 for items that could easily be converted to personal use.
These include but are not limited to: video cameras, digital cameras,
palm pilots, scanners, etc.
. $1,000.00 for all other items that meets both 1 and 2 from above.
If an item does not meet the criteria of a fixed asset, but still has substantial value, then a tag
labeled "Property of, City of Andover, Expensed" may be affixed. These tags may be applied at
tl1e discretion of the liaison to aid in the inventory process.
III. ENTERING INFORMATION ON THE APPROPRIATE FORM
J A. Fixed Asset Addition Form
If it is a newly acquired item, then a Fixed Asset Addition form must be filled out. The
information that needs to be entered by the liaison is as follows:
. Item Class*
. Item Type*
. Item Description
. Serial Number
. Manufacturer/Make
. Model and Model Year
. Tag Location
. Condition Code*
. Site*
. Building*
. Department Code*
. Acquisition Type* and Acquisition Date
. Vendor Name
. Invoice Number and Invoice Date
. Cost (ifknown)*
* All of these items have an appendix to aid in the input of the information.
After all the required information has been input, the form should immediately be forwarded to
the Finance Department. Once received, Finance will assign a tag number, clip the tag to a
2
I copy of the Fixed Asset Addition form and send it to the liaison where upon receipt, will
place the tag on the fixed asset as indicated on the form.
B. Fixed Asset Transfer Form
If an item is being transferred permanently, then a Fixed Asset Transfer form must be filled
out. The infonnation that needs to be entered by the liaison is as follows:
. Property ID Tag Nunlber
. Item Description
. New/Old Department Code
. New/Old Site
. New/Old Building
. New/Old Room (if applicable)
. Date of Transfer
C. Fixed Asset Retirement Form
If an item is no longer going to be of service to the City of Andover, then a Fixed Asset
Retirement form must be filled out. The information that needs to be entered is as follows:
. Property ID Tag Number
. Item Class
. Date of Disposition
. Item Description
. Disposition Reason*
. Disposed to or Traded for (if applicable)
. Proceeds and Receipt Number (if applicable)
* This item has an appendix to aid in the input of information.
D. Sample Forms
. Fixed Asset Addition
. Fixed Asset Transfer
. Fixed Asset Disposition/Retirement
/
3
CITY OF ANDOVER
Form FA-!
FIXED ASSET ADDITION
PROPERTY ID TAG # 000000 MASTER PROPERTY ID TAG # 000000
ITEM CLASS DODD ITEM TYPE DO
DESCRIPTION
ITEM DESCRIPTION 0000000000000000000000000000
SERIAL # 00000000000000
MANUFACTURERlMAKE 00000000000000
MODEL 00000000000000 MODEL YEAR DODD
LOCATION & USE
,
TAG LOCATION 000000000000000000000000
CONDITION CODE DODD
SITE DO BUILDING DO
ROOM DODD DEPARTMENT CODE 00000
ACQUISITION TYPE DODD ACQUISITION DATE DO/DO/DODD
VENDOR NAME DDDDDDDDODDDDDDDDDDODDDD
INVOICE # DDDDDDDDDDDDDDDDD DATE DO/DO/DODD
CHECK # 000000 CHECK DATE DO/DO/DODD
COST 00000000 OTHER COSTS 0000000
\ ,ORM FILLED OUT BY:
J CITY OF ANDOVER
FORM FA-2
FIXED ASSET TRANSFER FORM
PROPERTY ID TAG # 000000 MASTERPROPERTYIDTAG# 000000
ITEM DESCRIPTION 0000000000000000000000000000
NEW LOCATION OLD LOCATION
DEPARTMENT CODE DODD 0 DEPARTMENT CODE 00000
SITE DO SITE .00
BUILDING DO BUILDING DO
ROOMlPERSON'S OFFICE DODD ROOM/PERSON'S OFFICE DODD
,
/
DATE OF TRANSFER:
FORM FILLED OUT BY:
/ CITY OF ANDOVER
Form FA-3
FIXED ASSET RETIREMENT FORM
PROPERTYIDTAG# DDDDDD MASTER PROPERTY ID TAG # DDDDDD
ITEM CLASS DDDD ITEM TYPE DD
DATE OF DISPOSITION DD/DD/DDDD
DESCRIPTION DDDDDDDDDDDDDDDDDDDDDDDDDD
DISPOSITION TYPE DDDD REASON FOR DISPOSITION D D D D
DISPOSED TO DDDDDDDDDDDDDD
TRADED FOR DDDDDDDDDDDDDD
,
/ DDDDDDDD
PROCEEDS FROM DISPOSITION
RECEIPT # (IF APPLICABLE) DDDDDDD
FORM FILLED OUT BY:
, IV. TAGGING PROCEDURE
A. Placement of the Fixed Asset Tag
The tag should be placed in an area where the majority of the information is obtained. This
could be by the nameplate (if applicable), or by the serial number if there is not a nameplate.
When placing the tag, make sure the surface is clean before applying the tag and press finnly to
form a tight seal.
B. Replacing Damaged Tags
If a tag will not stick or becomes damaged, mform the Finance Department immediately. A new
tag will then be issued to replace the old one. If during the inventory process a fixed asset's tag
has fallen off, notify Finance, and a new tag will be issued. Never try to reaffix a damaged or
semi-adhesive tag. It is easier to issue another tag.
4
,
,_ I APPENDIX A: ITEM CLASSIFICATIONS
LAND
0100 LAND
BUILDINGS
0200 STRUCTURE (INCLUDES PERM. FIXTURES)
0201 HEATING, VENTING, AIR CONDITIONING
0202 (DE) HUMIDIFIERS
0203 WATER COOLERS, CONDITIONERS, CONDENSER
0204 PHONE SYSTEM
MOTOR VEHICLES
0303 CAR
0304 TRUCK-VAN
0305 TRUCK - FIRE
0306 TRUCK - STRAIGHT
0307 TRUCK-DUMP
0308 TRUCK - PICKUP
0310 OTHER TRUCK
FURNITURE & FIXTURES
0400 MISC. OFFICE FURNITURE
0404 MAPIPLAN HOLDER
0408 SHELVING UNITS
0409 APPLIANCES, KITCHEN EQUIP
0410 WORKSTATIONS
COMPUTERS & ELECTRONIC EQUIPMENT
0500 MISC. OFFICE EQUIP
0501 PRINTER, FAX, COPIER
0502 COMPUTERS (TERMINAL, KEYBOARD, CPU)
0503 VCR, TV, VIDEO EQUIP, CABLE EQUIP
0508 RECORDER, PLAYERS, MICROPHONE
0510 DICTATION EQUIPMENT
0511 MICROFILM EQUIPMENT
0512 CAMERAS
0513 VOTING EQUIPMENT
0514 SCANNERS
0515 CELLULAR PHONES
0516 PALM PILOTS
0517 TDD EQUIPMENT
5
J PARK & RECREATION EQUIPMENT
0650 SHELTERS
0651 SPORTING EQUIPMENT (BACKSTOPS, GOALS)
0652 LA WNMOWER, SNOWBLOWER, CUSHMAN AND MISC.
GROOMING EQUIPMENT
0653 TOOLS/OTHER PARK EQUIPMENT
0654 PLAYGROUND EQUIPMENT
0655 BLEACHERS
0656 EXERCISE EQUIPMENT
ENGINEERING EQUIP
0680 TAPES, RODS, SIGNS
0681 DRAFTING EQUIPMENT
0682 LEVELS, TRANSITS, ETC.
0683 OTHER
WATER & SEWER EOUlPMENT
0700 TRANSMISSION AND DISTRIBUTION MAINS
0701 HYDRANTS AND ACCESSORIES
0702 SERVICE LINES, PUMPING EQUIPMENT
0703 WATER METERS
0704 OTHER WATER AND SEWER EQUIPMENT
CENTRAL EOUlPMENT SERVICES
0800 AIR COMPRESSOR, AIR TOOLS
0801 FORKLIFT EXTENSION, PLOW ATTACHMENTS
0802 FLOOR STANDING TOOLS (DRILL PRESS, ETC.)
0803 HANDTOOLS, TOOLBOX, BENCHES
0804 FRONT-END LOADER, GRADER
0805 TRACTORlTRAILER
0806 SPREADER, PAVER, ROLLER
08Q7 WHEEL BALANCERS AND MISC. TIRE EQUIPMENT
0808 BATTERY CHARGERS
0809 ENGINE ANALYZERS/DISTRIBUTOR TESTERS
0810 LUBE EQUIPMENT
0811 BRAKE EQUIPMENT
0812 OTHER STREET EQUIPMENT
0813 GENERATORS
RECYCLING
0900 RECYCLING EQUIPMENT
6
FIRE & RESCUE EOUIPMENT
1001 BREATHING UNIT, MASK, TANK
1002 CUTTERS
1003 SCANNERS AND DETECTORS
1004 EXTINGUISHER
1005 HOSES, NOZZLES, ETC.
1006 MISC. FIRE TRUCK EQUIPMENT
1007 OTHER FIRE EQUIPMENT
.
7
, / APPENDIX B: ITEM TYPES, CONDITION CODES, BUILDINGS AND SITES
ITEM TYPES
. FA - Fixed Asset
. IS - Infrastructure
CONDITION CODES
. DEV - Developed Land
. FAIR - Fair Condition
. GOOD - Good Condition
. N/ A - Not Applicable
. NEW - New: less than 1 year
. POOR - Poor/W om Condition
. UNDE - Undeveloped Land
BUILDINGS
. 01 - CITY HALL
/
. 02 - PUBLIC WORKS
SITES
. 01 - CITY HALL AND PUBLIC WORKS
. 02 - WELL #1
. 03 - WELL #2
. 04 - WELL #3
. 05 - WELL #4
. 06 - WELL #5
. 07 - WELL #6
. 08 - WELL #7
. 09 - WELL #8
. 11- FIRE STATION #1
. 12 - FIRE STATION #2
. 13 - FIRE STATION #3
. 15 - WATER TOWER #1 - Rose Park
. 16 - WATER TOWER #2 - Tower Drive
8
'-
/ APPENDIX B CONTINUED: SITES FOR PARKS
. 20 -138THAVE. PARK . 50 - NORDEEN'S
. 21 - BIRCH RIDGE . 51 - NORTH WOODS EAST
. 22 - BUNKER HILLS PARK . 52 - NORTH WOODS WEST
. 23 - (CEDAR CREST)L T 8, BLK 4 . 53 - OAK BLUFF
. 24 - CEDAR CREST . 54 - OAK HOLLOW
. 25 - CITY HALL COMPLEX #1 . 55 - PINE IDLLS
. 26 - COON CREEK PARK . 56 - PLEASANT OAKS
. 27 - CREEK VIEW CROSSING . 57 - PRAIRIE KNOLL
. 28-CREEKRIDGE . 58 - RED OAKS EAST
. 29 - CROOKED LK. LANDING . 59 - RED OAKS WEST
. 30 - DEHN'S . 60 - REDWOOD PARK
. 31 - FOREST MEADOWS . 61 - RIVER TRAILS
. 32 - FOX MEADOWS . 62 - ROSE PARK
. 33 - GREEN ACRES . 63 - ROUND LK. BOAT LANDING
. 34 - GROW OAK VIEW . 64 - SHADOWBROOK EAST PARK
. 35 - HARTFIEL'S . 65 - SHADOWBROOK WEST PARK
. 36 - HAWK RIDGE . 66 - SHADY KNOLL
. 37 - IDDDEN CREEK EAST . 67 - STROOTMAN PARK
/ . 38 - HIDDEN CREEK NORTH . 68 - SUNSHINE PARK
. 39 - IDDDEN CREEK SOUTH . 69-TERRACEPARK
. 40 - IDLLS OF BUNKER LK E. .. 70 - THE OAKS
. 41 - IDLLS OF BUNKER LK W. . 71 - TIMBER RIVERS PARK
. 42 - KELSEY ROUND LAKE . 72 - TIMBER TRAILS
. 43-LANDLOCKEDPARK . 73 - TULIP PARK
. 44 - LANGSETH . 74 - V ALLEY VIEW
. 45 - LUND'S NORTH . 75 - WIDTE OAKS
. 46 - MEADOWOOD NORTH . 76 - WILD IRIS
. 47-MEADOWOODSOUTH . 77 - WOODLAND MEADOWS
. 48 - MEADOWS OF RND LAKE
. 49 - MOORES ESTATES
,
9
J APPENDIX C: DEPARTMENT CODES AND ACQUISITION TYPES
DEPARTMENT CODES
. 41430 ADMINISTRATION
. 41400 CITY CLERK
. 41940 CITY HALL BUILDING
. 41990 CITY HALL GARAGE
. 42500 CIVIL DEFENSE
. 41920 DATA PROCESSING
. 41410 ELECTIONS
. 42000 ENGINEERING
. 49950 EQUIPMENT MAINTENANCE
. 41530 FINANCIAL ADMINISTRATION
. 41950 FIRE DEPARTMENT BUILDINGS
. 42200 FIRE PROTECTION
. 41110 MAYOR & COUNCIL
. 41140 NEWSLETTER
. 45200 PARK AND RECREATION
. 41910 PLANNING AND ZONING
J . .42400 PROTECTIVE INSPECTION
. 41960 PUBLIC WORKS BUILDING
. 46140 RECYCLING
. 41970 SENIOR CITIZEN CENTER
. 49490 SEWER DEPARTMENT (ALL)
. 43125 SNOW AND ICE
. 43150 STORM SEWERS
. 43170 STREET SIGNS
. 43100 STREETS AND HIGHWAYS
. 41995 SUNSHINE PARK BUILDING
. 46102 TREE PRESERVATION
. 49440 WATER DEPARTMENT (ALL)
. 46103 WEED CONTROL
ACQUISITION TYPES
. CONS-CONSTRUCTED
. EDOM - EMINENT DOMAIN
. FORC - FORECLOSURE
. GIFT - GIFT/DONATION
. INST - INSTALLMENT PURCHASE
/ . LPUR - LEASE PURCHASE
. PURC - PURCHASED
10
/ APPENDIX D: COST AND VALUE ADDED ACTIVITIES FOR AN ASSET
Fixed assets shall be accounted for at cost. If actual cost is not known then estimated cost will be
used.
1. Cost - Fixed assets should be recorded at cost or consideration received,
whichever is more objectively detenninable. The cost of a capital asset includes
not only its purchase price or construction cost, but also ancillary charges
necessary to place the asset in its intended location and condition for use.
2. Estimated Cost - When contracts, purchase orders, and other transaction
documents are not readily available, an estimate may be used to value the fixed
asset. This estimate should be given by an individual who has experience either
working with or constructing the asset in question. The dollar value should be the
historical cost and not replacement cost.
Treatment of Costs Subsequent to Acquisition
The City of Andover differentiates between maintenance and value added activities in relation
to the costing of a fixed asset. Expenditures on fixed assets incurred after their original
/ acquisition are defmed and recorded as follows:
. Maintenance Maintenance costs are those costs which merely keep the asset in
ordinary, efficient operating condition. Maintenance costs are not added to the
cost of a fixed asset. (Eg.: new tires or plow blades)
. Value Added Value added consists of materially improving the unit, usually
resulting in a more productive, efficient or increased useful life of the asset.
Value added additions are added to the cost ofthe fixed asset.
(Eg.: addition of a dump box or purchase of a scanner for a computer)
Examples of Expenditures that Compose the Cost of a Fixed Asset
LAND & LAND IMPROVEMENTS Any parcel of land that is city-owned whether developed
or undeveloped. This includes legal fees, appraisal and negotiation fees, surveying fees,
site preparation costs, demolition of unwanted structures and damage payments. Trails
and attached improvements that do not increase the value ofland are not to be included.
/
11
/ BUILDING & STRUCTURES Includes structures that are city-owned. Also includes fIxtures
and any other necessary elements for tl1e proper function of the building. This includes
architect fees, legal fees, appraisals, costs of fixtures, damage claims, insurance
premiums for construction, interest, and related costs during construction.
COMPUTER &ELECTRONIC EQUIPMENT All computer equipment and attachments,
video cameras, video recorders, video monitors. . All costs include installation, set-up and
transportation.
MACHINERY & EOUIPMENT Includes motorized and non-motorized equipment that has a
primary function of city street, park and utility maintenance. This includes transportation
charges, painting, and installation costs of additional equipment necessary for intended
use.
12
/ APPENDIX E: DISPOSITION REASONS
DISPOSITION REASONS
. CASU - CASUALTY LOSS
. DAMG - DAMAGED
. DEST - DESTROYED
. LOST - LOST
. OBSO - OBSOLETE
. SOLD - ASSET SOLD
. THEF - THEFT OR VANDALIZED
. TRAD - TRADE-IN
. WORN - WORN OUT
,
13
,
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CITY OF ANDOVER
FIXED ASSET SYSTEM
POLICY
MANUAL
Adopted 11/19/96
Revised 11/09/00
TABLE OF CONTENTS
, I. INTRODUCTION
j Goal
Objectives
Conclusion
II. GENERAL SYSTEM DESCRIPTIONS
Asset Definition
Valuation of Fixed Assets
Acquisition of Capital Assets
Treatment of Costs Subsequent to Acquisition
Retirement
Changes
Inventory Check
III. TAGGING AND RECORDING OF FIXED ASSETS
2
FIXED ASSET POLICY
I. INTRODUCTION
Andover City officials have the responsibility of maintaining the City's fixed assets under
the provision of Governmental stewardship. This policy does not address or supersede
existing budgeting or funding procedures or policies.
A. Goal
The purpose of this Fixed Asset Policy is to present a uniform method of maintaining and
updating The City of Andover's fixed asset records.
B. Objectives
1. To substantiate valuations of capital assets in accordance with Generally Accepted
Accounting Principles (GAAP) for fiscal reporting.
2. To provide safeguarding of assets and other internal accounting controls.
3. To outline the requirements and responsibilities of the various departments for the
perpetuation of the fixed asset management system.
4. To provide depreciation computations for Federal and State Government and
internal reporting purposes.
5. To aid in budget preparation, analysis, and approval.
6. To serve as a basis for projecting future replacement and expenditures.
7. To serve as a basis for valuation for insurance purposes and to provide a record of
assets insured.
8. To comply with grant regulations (Circular A and Single Audit Act).
C. Conclusion
The integrity of this system is directly correlated to the comprehension and cooperation of
its users. It is of the utmost importance that all City of Andover employees are aware of this
system and partake in maintaining it. As a result, all employees will have useful and
accurate data when making capital purchasing decisions.
3
FIXED ASSET POLICY
II. CITY OF ANDOVER FIXED ASSET POLICY
/ A. Fixed Asset Definition
According to Governmental Accounting, Auditing and Financial Reporting (GAAFR) a
fixed asset is defined as a specific piece of property which meets the following:
1. It is tangible and does not materially change its form through use.
2. Its expected useful life is greater than three years.
3. It has significant value. In Andover's financial system, significant value has
two different thresholds:
. $250.00 for items that could easily be converted to personal use.
These include but are not limited to: video cameras, digital cameras,
palm pilots, scanners, etc.
. $1,000.00 for all other items that meets both 1 and 2 from above.
B. Valuation of Fixed Assets
Fixed assets shall be accounted for at cost. If actual cost is not known then estimated cost
will be used.
1. Cost Fixed assets should be recorded at cost or consideration received,
/ whichever is more objectively determinable. The cost of a capital asset
includes not only its purchase price or construction cost, but also ancillary
charges necessary to place the asset in its intended location and condition for
use.
2. FdimtltPlI ro~t When contracts, purchase orders, and other transaction
documents are not readily available, an estimate may be used to value the
fixed asset. This estimate should be given by an individual who has
experience either working with or constructing the asset in question. The
dollar value should be the historical cost and not replacement cost.
e. Acquisition of Capital Assets
The City of Andover can acquire fixed assets in any of the following manners:
. Purchase
. Construction
. Lease - Purchase and Installment Purchase
. Eminent Domain
. Foreclosure
. Gift/Donation
4
D. Treatment of Costs Subsequent to Acquisition
The City of Andover differentiates between maintenance and value added activities in
/ relation to the costing of a fixed asset. Expenditures on fixed assets incurred after their
original acquisition are defined and recorded as follows:
. M ..intl''1anrl' Maintenance costs are those costs which merely keep the
asset in ordinary, efficient operating condition. Maintenance costs are not
added to the cost of a fixed asset.
. Valli" AiliI"i1 Value added consists of materially improving the unit,
usually resulting in a more productive, efficient or increased useful life of the
asset. Value added additions are added to the cost of the fixed asset.
E. Retirement
The term retirement is used to describe the removal of a fixed asset from the fixed asset
system. The various types of retirement are presented below and must be reported to the
Finance Department to ensure that changes are accounted for in the system and that the
master file is updated.
. Obsolescence
. Trade-in
. Sale of the fixed asset
. Lost, stolen or damaged beyond repair
. Surplus property
F. Changes
Other changes occurring subsequent to the acquisition of a fixed asset and a non-expendable
supply, such as a value addition or a transfer, must be reported to the Finance Department
on a fixed asset input form.
. Transfer from one department to another
G. Inventory Check
To verifY that the information in the Fixed Asset System is up to date, the Finance
Department will provide the department heads with biannual printouts of the assets charged
to their departments. The department heads should review their list to determine that all
fixed assets are identified properly and that the proper adjustments have been made.
5
In addition, each department head should coordinate a full physical inventory to be
conducted at year-end. Any discrepancies found during either process should be reported
immediately to the Finance Department.
/
III. TAGGING AND RECORDING OF FIXED ASSETS
The entire fixed asset process can be found in the FiYf'n A~~f't PmCf'nnTf' M~nWll, which
contains the step-by-step process as well as the codes needed to complete all forms.
6
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
I
DATE: November 9,2000
AGENDA SECTION ORIGINATING DEPARTMENT APPROVED
Non-Discussion/Consent Agenda FOR
Frank Stone - Public Works AGENDA
Superintendent
ITEM NO. .0!J.. BY:
Trade Used Equipment for One (1)
New Sidewalk Plow
Early this spring we advertised to sell a 1990 Va-Con mounted on a 1990 International
truck and a 1991 Serco Jetter mounted on a 1975 International truck at an estimated
selling price of $71,100.00 for both. These pieces of equipment were advertised with the
League of Minnesota Cities, our local paper and Environmental Equipment and Services,
Inc. with permission of the City Council to sell these items last spring.
At the present time, we have had no cash offers from anyone, but Environmental
Equipment of Elko Minnesota has offered to trade the City of Andover a new Holder C-10
tractor and attachments for the above two pieces. The tractor and attachments will have
a full warranty and complete services.
The Holder Tractor would be used summer and winter for trail maintenance, sidewalk
maintenance, etc. This machine would plow and sand trails in the winter and sweep and
mow in the summer. We have another Holder tractor that is also used for the above
items, but with all the additional trails to plow and more school age children walking to
school, we have to increase our path services. This used equipment is just setting out
back of the Public Works building and with no cost to the City of Andover, we could have
a valued piece of equipment that will serve the public now and for the next five years or
more. This machine could also be used by other departments todo many other tasks if
needed.
Items the City of Andover would receive in this trade:
1. Holder tractor C-240 $42,900.00
2. 60" angle plow 2,375.00
3. Dump body 3,647.00
4. Rear mounted sander 3,207.00
5. Air conditioning 2,500.00
6. Sweeper 4,247.00
7. Four summer tires & rims 1.360.00
$60,236.00
Trade in of Vacon and Serco Jetter Machine <60,236.00>
City of Andover Cost $ .00
Environmental Equipment and Services, Inc. quote is on the next page. Our estimates
i were higher than the trade in value. However, I feel that we will lose more value on the
equipment if it continues to set out in the elements. I would recommend making this
trade and putting our investments back to work.
FRor1 : PHONE NO. : 4513689
Oct. 24 2000 11:S3AM P2
, )
27365 Zachary Avenue' Elko, MN 55020
Toll Free 1 ~71461.~3650 · Office 952461.3650 · Fax 952-461.3689
October 23,2000
Frank Stone
Public Works Superintendent
City of Andover
1685 CrosstoVvn Blvd. NW
Andover. MN 55304
Frank,
Thank you for the opportunity to quote a new Holder C-240 tractor and attachments.
Tractor & attachments will have full factory warranty and complete service.
Frank, keep in mind that the tra(:tor is liquid cooled which means the overheeting
/ problem has been eliminated.
Holder C-240 $42,900.00
60" AJlgle Plow' $2,375.00
Dump Body $3,647.00
Rear Mount Sander $3,207.00
Air Conditioning $2,500.00
60" Broom $4,247.00
4 Summer Tires & Rims $1.360.00
$60,236.00
Trade-In ofVacon & Scero Sewer Machines <60.23600>
$0.00
Thank you,
/J1
AI Walford
Sales Manager
/
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
/ DATE: November 9. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion Planning
ITEM NO.
Approve Ordinance Amendment Jeff Johnson, Zoning Administrator
Ordinance No. 233 - Dogs
Licensing Requirements
33,
Request
The City Council is asked to review and approve an amendment to Ordinance No. 233 - Dogs.
Language in Section 3 of this ordinance relating to licensing requirements has been deleted.
The intent is to make sure that dogs are vaccinated during the licensing period.
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 233D
AN ORDINANCE AMENDING ORDINANCE NO. 233 - LICENSING AND
REGULATING THE KEEPING OF DOGS AND CATS, PROVIDING FOR THE
CLASSIFICATION OF DANGEROUS DOS/CATS, PROVIDING FOR THE
ABATEMENT OF NUISANCES, AND PROVIDING PENAL TIES FOR VIOLA nON.
The City Council of the City of Andover hereby ordains as follows:
Section 3. ReQuirements for License.
The lieense shall Empire SF! the 31st aay Elf May in eaeh sad numbered yeai"S and shall be
iS5Hea sRly l:lflsn flaymeBt sfilie lieense fee as set BY City CouHeil resohRion.
Every application for a license shall be accompanied by a certificate from a qualified
veterinarian showing that the dog to be licensed has been given a va~cination against
rabies to cover the licensing period.
, }JlliEJenses issued for a flerioa Elf less taafl two (2) years shall be prs rated sn all ar.nl:lal
basis.
No license shall be granted for a dog which has not been vaccinated against rabies for a
time sufficient to cover the licensing period. Vaccination shall be performed only by a
doctor qualified to practice veterinary medicine in the State in which the dog is
vaccinated.
The license fee shall be set bv Citv Council resolution.
All other Sections of this ordinance shall remain as written and approved by City
Council.
Adopted by the City Council of the City of Andover on this _ day of ,2000.
ATTEST: CITY OF ANDOVER
I Victoria V olk, City Clerk J. E. McKelvey, Mayor
1
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~ CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
j DATE: November 9. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion/Consent Item Todd Haas, ,
Engineering
ITEM NO.
Approve Quotes/Purchase of Trees at Various Parks
d4.
The City Council is requested to approve the quotes for the purchase of trees as
recommended by the Park & Recreation Commission.
The Commission is recommending purchasing of trees not to exceed $3,000 and to be paid
from park dedication funds.
,
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'\ Fall Balled & Burlapped Trees
, /
We have the go ahead to spend $ 3,000.00 from Park Board on trees.
The following are the best prices and availability that we have come
across this fall.
River Birch, 8 foot high clump Silver Maple, 2 inch dia.
TreeMendous $ 90.00 TreeMendous $ 90.00
Bleekers $ 161.00 Sloth 1.5" $ 115.00 potted
Wirz 6 ft. $ 138.00 Wirz $ 132.00 potted
Bleekers $ 145.00
Sugar Maple, 2.5 inch dia. Potmore Ash, 2.5 inch dia.
TreeMendous $ 110.00 TreeMendous $ 100.00
Beberg 1.3/4 $ 125.00 Bleekers 2" $ 125.00
Sloth 1.5 $ 128.00 potted
Amur Maple, 8 foot high clump Bergeson Ash, 2.5 inch dia.
TreeMendous $ 100.00 TreeMendous $ 100.00
Bleekers $ 151.00
Beeberg 6 ft. $ 81.00
, Imperial Honeylocust, 2.5 inch dia. Skyline Honeylocust, 2.5 inch dia.
TreeMendous $ 70.00 TreeMendous $ 70.00
Wirz 1.3/4 $ 128.00 potted Wirz 1.3/4 $ 128.00 potted
TreeMendous also has some Crab, Cherry, Serviceberry and Plum trees
at $ 60.00 each. I would like to get our fall order from TreeMendous as
soon as possible. These prices can not be beat!
Thank You,
/~_.:.... ~ ~ nA-
V~
'\
)
~ CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
j DATE: November 9. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion/Consent Item Todd Haas, #
Engineering
ITEM NO.
Approve Contribution for 2001-2003/Anoka Aquatic Center
86.
The City Council is requested to consider and recommend continuing the contribution to the
Anoka Aquatic Center as recommended by the Park & Recreation Commission.
The 2001 contribution will need to come from park dedication funds. It is recommended in
2002 and thereafter as long as the City wants to contribute to the Aquatic Center that is
budgeted from the general fund.
If you have any questions, feel free to contact Jim or myself.
J
ca. ::r..... D!'-F:.-....s.ot f ~/"'~<e PI,-,
,
CC~ [f ~O~
@ ~'i'1-. . \.K .?'! '\. . zS',
CITY HALL. 2015 FIRST AVE. NO. . ANOKA, MINNESOTA 55303-2270
PHONE (763) 576-2700 . FAX (763) 576-2727 . TTY (763) 422-0442
October 3, 2000
City of Andover RECEIVED
Parks and Recreation Commission
1685 Crosstovro. Boulevard NW OCT - 5 2000
Andover, IvlN 55304 ,
Dear Commissioners: CITY err' ,<:~:-.,
Jt- p ',: I
-_.--~'''~-'^.--'- . _._i
Three years ago members of the Anoka Parks and Recreation Advisory Board came
before you with an invitation to participate with our residents in receiving resident rates for the
Anoka Aquatic Center. Benefits included families not only being able to purchase season passes
at the resident rate, but also to participate in resident registration and resident rates for swimming
lessons. Over the past three years you have contributed $4,000 per year to the Anoka Aquatic
Center and have received resident rate privileges. Enclosed is information showing the exact
savings Andover residents enjoyed over the past three years.
The City of Anoka Parks and Recreation Advisory Board again extends this same
proposal to you for the next three years: $4,000 per year for the years 2001-2003. We feel it is a
great benefit for both cities. . We have attempted to provide them a great opportunity at a low rate.
We hope to continue working together to provide residents in both our cities with a great place to
visit on those hot summer days.
We would appreciate hearing from you by the end of October 2000 regarding your
decision on whether or not Andover would again like to participate in this cooperative
arrangement. We would certainly be willing to attend an upcoming meeting to answer any
questions you may have. If you would like additional information, feel free to contact me; and I
would be happy to assist you.
Sincerely,
!~ l~--
Kevin Symens
City of Anoka Aquatics Manager
Enclosure
c:~(scoITes\cityofandover
- AN EQUAL OPPORTUNITY EMPLOYER -
..
\
, ,
REPORT
CITI OF ANOKA
PARKS & RECREATION September 14, 2000
Resident Rate Saving for Andover and Ramsey
The following information was gathered to show the savings for the Cities of Andover and
Ramsey by enjoying Anoka's resident rates. This information was taken out of the last three
pool reports and shows the savings for both swimming lessons and season passes. The totals
listed below show only the amount saved by residents of Andover and Ramsey when purchasing
swimming lessons and or season passes.
, Andover
1998 1999 2000 Total
Lessons $1,160.00 $1,200.00 $1,144.00 $ 3,504.00
Passes $4,850.00 $4,650.00 $3,396.00 $ 12,896.00
Total $6,010.00 $5,850.00 $4,540.00 $ 16,400.00
Ramsey
1998 1999 2000 Total
Lessons $1,896.00 $2,168.00 $1,592.00 $ 5,656.00
Passes $3,930.00 $4,540.00 $2,598.00 $ 11,068.00
Total $5,826.00 $6,708.00 $4,190.00 $ 16,724.00
~ CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
"
DATE: November 9. 2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion/Consent Item
Todd J. Haas,#
Engineering
ITEM NO.
Reduce Escrow/Developer Improvements/
~ Woodland Estates 2nd Addition
d.
The City Council is requested to reduce the development contract cash escrow (developer
improvements) for Woodland Estates 2nd Addition.
Letter of Amount Reduce
Credit # Available To Reduction
Woodland Estates 00-11 $131,175.00 $25,000 $106,175.00
2nd Addition
The developer's engineer has submitted a certification for the grading to the City as required.
Note: There are items that will be taken care of by the developer prior to releasing the
remaining escrows. Staff will be meeting with the developer to discuss items that need
to be completed or repaired.
/
, ~
adequate drainage on all temporary streets.
H. The Developer shall furnish street lights in accordance with the
City's Street Lighting Ordinance No. 86. The Developer shall
conform to Ordinance No. 86 in all respects. The City shall order
the street lights and Developer shall reimburse the City for such
cost.
General Requirements:
1. Residential street lighting shall be owned, installed,
operated and maintained by the electric utility company.
City and electric utility company shall enter into a
contractual agreement on the rate and maintenance of the
street lighting system.
2. It shall be the responsibility of the Developer to:
a. Advise all lot purchasers of their responsibility for
street lighting operating charges.
b. Pay for street light charges for all lots owned by the
Developer.
/
J. The Developer shall dedicate and survey all storm water holding
ponds as required by the City. The Developer shall be responsible
for storm sewer cleaning and holding pond dredging, as required,
by the City prior to completion of the development.
; .' ~
J. The Developer shall be responsible for securing all necessary
approvals and permits from all appropriate Federal, State, Regional
and Local jurisdictions prior to the commencement of site grading
or construction and prior to the City awarding construction
contracts for public utilities.
K. The Developer shall make provision that all gas, telephone and
electric utilities shall be installed to serve the development.
L. Cost of Developer's Improvements, description and completion
dates are as follows:
Description of Estimated Date to be
Improvements Cost Completed
1. Ihlding. Certtfkatioo of Ihlding Ii
$59.688.~ Miy 19. 200) 12., f.,. "'. b 7
& As-aiilts
4
, J
2. Ei'osioo Cootrol $500.00 Ol-G>i ng
3. Tree Protection $500.00 Ol-G>i ng
4. Iron Mn.IJents & Certification of $2s500.00 ftI!JJst 15. 2{Xll ~
c:.
Placarent
5. Tree lemval $l.sm.lB Mly 19. 2{Xll
6. Street Mli ntenanc:e $500.00 Ol-G>i ng
7. Installatioo of Street Lights ~
$ID.OO3.oo ftIgust 15. 2{Xll 0
8.
Total Estimated Construction Cost '''f,,*',,,,,
For Developer's Improvements: $ 76.00>.00
Estimated Legal, Engineering and ~.,. 2.Sbo
Administrative Fee (15%) $ 11.400.00
Total Estimated Cost of Developer
Improvements $ ffl.400.oo II>I /;6~. '7
.
/
Security Requirement (150%) $ 13i.175.00 :zs: ~
I
M. Construction of Developer's Improvements:
1. Construction. The construction, installation, materials and
equipment shall be in accordance with the plans and
specifications approved by the City.
2. Inspection. All of the work shall be under and subject to
the inspection and approval of the City and, where
appropriate, any other governmental agency having
jurisdiction.
3. Easements. The Developer shall dedicate to the City, prior
to approval of the final plat, at no cost to the City, all
permanent or temporary easements necessary for the
construction and installation of the Developer's
Improvements as determined by the City. All such
easements required by the City shall be in writing, in
recordable form, containing such terms and conditions as
\ the City shall determine.
I
4. Faithful Performance of Construction Contracts and Bond.
5
~ CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
"
) DATE: November 9.2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion/Consent Item
Todd J. Haas.,.
Engineering
ITEM NO.
Reduce Escrow/Site Improvement!
Ot1:he Farmstead
The City Council is requested to reduce the development contract cash escrow (site
improvement) for The Farmstead.
Amount Reduce
Available To Reduction
The Farmstead $6,900.00 $0.00 $6,900.00
Staff has reviewed this and recommends approval.
J
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applicable statutes, codes and ordinances of the City. The Work includes all on-site
exterior amenities as shown on the approved Plans and as required by the plan
approval, such as, but not limited to: landscaping, private driveways, parking areas,
storm drainage systems, water mains, sanitary sewers, hydrants, curbing, lighting,
fencing, fire lanes, sidewalks, trails, outside trash disposal enclosures, site grading,
tree preservation work and erosion control measures.
COST ESTIMATES
The Developer shall provide the City with a written estimate of all applicable
costs of the Work, itemized by type; the estimates shall be based upon the actual
estimates provided by the contractors who are to do the Work. Said cost estimates
shall be reviewed by the City, and the City shall establish the actual amount of the
financial guarantee.
Cost of Developer's Improvements, description and completion dates are as
follows:
Date to be
Descriotion of Imorovements Estimated Costs Comoleted
1. Construction of Orchid Street Cul-de-sac $ 8,000.00 Joe>
.
2. Erosion Control /$ 1,500.00 ~o
3. Street Maintenance tJ
$ -1 ,000.00 ~ C>.
4. Lot Stakes /$ 500.00
5. Dead & Diseased Tree Removal v $ ~ ,000.00 ,ae:>
6. Bikeway/Walkway trail along Bunker tl C6ei~o$:Ssed )
Lake Boulevard $ -6,500.00 0
7. Center Median and Street Repair $ 3,000.00
8. Trunk Watermain $ 2,SOO.00 JI~
~
Administration (15%) $J,GOO.OO ~ C> I
,
_?-
Total Estimated Cost of Developer Improvements t\.
$27,000.00 ~ 0
Security Requirement (150%) $
GUARANTEE
1. Faithful Performance of Construction Contracts and Letters of Credit.
The Developer will fully and faithfully comply with all terms and conditions of any and
all contracts entered into by the Developer for the installation and construction of all
Developer's improvements and hereby guarantees the workmanship and materials for
a period of one year following the City's final acceptance of the Developer's
improvements. Concurrently with the execution hereof by the Developer, the
Developer will furnish to, and at all times thereafter maintain with the City, a cash
deposit, certified check, or Irrevocable Letter of Credit, based on one hundred fifty
(150%) percent of the total estimated cost of Developer's improvements. An
Irrevocable Letter of Credit shall be for the exclusive use and benefit of the City of
Andover and shall state thereon that the same is issued to guarantee and assure
performance by the Developer of all the terms and conditions of this Site Improvement
Performance Agreement and construction of all required improvements in accordance
with the ordinances and specifications of the City. The City reserves the right to
draw, in whole or in part, on any portion of the Irrevocable Letter of Credit for the
purpose of guaranteeing the terms and conditions of this Agreement. The Irrevocable
Letter of Credit shall be renewed or replaced by not later than thirty (30) days prior to
its expiration with a like letter.
2. Reduction of Escrow Guarantee. The Developer may request reduction
of the Letter of Credit, or cash deposit based on prepayment or the value of the
J completed improvements at the time of the requested reduction. Any reduction in the
Letters of Credit for utility and street improvements must be accompanied by a
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE: November 9.2000
AGENDA SECTION
ORIGINATING
DEPARTMENT
Consent Finance
Jim Dickinson
ITEM NO.
~~ove Copier Lease for Building Dept.
Request:
The City Council is requested to approve a 36-month lease agreement with Copy Images for a Konica
7030 copier to replace the current Lanier copier.
Back2round:
The current Lanier copier (which is owned) in the Building Department has been experiencing an
unacceptable amount of down time and copy quality. The Lanier copier has seen its better days and its
reliability into the future does not look favorable. The current maintenance plan for this copier is
$2,041.12 for the current year and is expected to increase next year.
The proposed replacement copier will have the same features as the copiers leased earlier in the year and
will standardize the City's copiers; the screens at each machine will be substantially the same. The
funding will be from the Building Department expenditure budget.
The structure of the lease will include a trade in of the Lanier copier and a maintenance and supply plan.
The lease payment will be $226.86 per month and a maintenance/supply plan at a flat click charge of
$0.012 billed monthly. The maintenance plan includes all supplies other than paper.
If there are any questions related to the request or if you would like to review the lease proposal in
detail please do not hesitate in contacting me.
\
..
~ CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
/ DATE: November 9.2000
AGENDA SECTION ORIGINATING DEPARTMENT
Non-Discussion/Consent Item Scott ~rick~on~L
Englneenng .
ITEM NO.
Withdraw Pending Assessment RequesU1680 Andover Blvd. NW/99-37/Palo
Jq,
At the request of the property owner, Juanita Palo 1680 Andover Blvd., the City Council is
asked to withdraw the pending assessment for her property. The property owner had
originally petitioned for City water and sewer but has decided to withdraw the request at this
time.
,
)
q Q-ol
.
October 27,2000
Andover City Clerk
1685 Crosstown Blvd. NW
Andover, MN 55304
Dear Vicki Volk:
I hereby withdraw my petition to connect to the city watermain and sanitary sewer.
Please withdraw any assessments at this time.
If you have any questions, please call me at 763-785-8436 daytime.
/ Respectfully,
~~~
Juanita Palo
1680 Andover Blvd. NW
Andover, MN 55304
\
)
tjP}3
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 233D
AN ORDINANCE AMENDING ORDINANCE NO. 233 - LICENSING AND
REGULATING THE KEEPING OF DOGS AND CATS, PROVIDING FOR THE
CLASSIFICATION OF DANGEROUS DOS/CATS, PROVIDING FOR THE
ABATEMENT OF NUISANCES, AND PROVIDING PENALTIES FOR VIOLATION.
The City Council ofthe City of Andover hereby ordains as follows:
Section 3. Reauirements for License.
The HElens@ shall e)[flire OR the 31 st aay ef May iR eaElll odd RmRbered years aHd shall 8e
issued only Ufl8R payment 8f the liElease fee as set by Cit~, CeYl'lElil resolytion.
Every application for a license shall be accompanied by a certificate from a qualified
veterinarian showing that the dog to be licensed has been given a vaccination against
rabies to cover the licensing period.
.\llliEleRses issY@d fer a period of less than twe (2) j'ears shall be pre rated OB aE. ar.naal
9asis.
No license shall be granted for a dog which has not been vaccinated against rabies for a
time sufficient to cover the licensing period. Vaccination shall be performed only by a
doctor qualified to practice veterinary medicine in the State in which'the dog is
vaccinated.
The license fee shall be set bv City Council resolution and shall expire in accordance with
the date shown on the license receipt.
All other Sections of this ordinance shall remain as written and approved by City
Council.
Adopted by the City Council ofthe City of Andover on this _ day of ,2000.
ATTEST: CITY OF ANDOVER
Victoria V olk, City Clerk J. E. McKelvey, Mayor
1
. MEETING /1- 9-00
AGENDA ITEM:;;: i ~
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
NO.R
MOTION by Councilmember to adopt tl1e following:
A RESOLUTION CANVASSING THE RETURNS OF THE MUNICIPAL ELECTION
AND THE SPECIAL ELECTION TO FILL A VACANCY IN TERM EXPIRING 1/6/03
HELD ON THE 7TH DAY OF NOVEMBER 2000 IN THE CITY OF ANDOVER,
ANOKA COUNTY, MN.
The Municipal Election and tl1e Special Election were held in and for tl1e City of
Andover on the ih day of November 2000 and was in all respects duly and legally
canvassed; and the votes received for each candidate are shown on the attached.
The following are hereby declared and certified as those elected:
Mayor - Mike Gamache (2 year term)
Councilmembers - Mike Knight, Ken Orttel (4 year tenus)
Councilmember - Julie Trude (2-year term)
The summary of the voter results are hereby attached and made part of this resolution.
MOTION seconded by Councilmember and adopted by the
City Council at a Regular meeting the 9th day of November , 2000 with
Councilmembers -
voting in favor of the resolution, and Councilmembers
voting against, whereupon said resolution was declared passed.
CITY OF ANDOVER
Attest:
J. E. McKelvey - Mayor
Victoria V olk - City Clerk
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MEETING /1- 9-tJCJ.____
AGENDA ITEM:it ..3
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE CERTIFICATION OF
DELINQUENT MOWING CHARGES.
WHEREAS, pursuant to a proper notice duly given as required by law, the council has met, heard and
passed upon all objections to the proposed assessment for the delinquent mowing charges.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA:
1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby
accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein
included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied
against it.
2. Such assessment shall be payable in one annual installment on or before the first Monday of
January, 200 I and shall bear interest at the rate of 8 percent per year.
3. The owners of any property so assessed may, at any time prior to certification ofthe assessment to
the County Auditor, pay the whole of the assessment on such property with interest accrued to the date of payment,
to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the
adoption of the resolution.
Adopted by the City Council of the City of Andover on this 9th day of November 2000.
ATTEST: CITY OF ANDOVER
Victoria Volk, City Clerk J.E. McKelvey, Mayor
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League of Minnesota Cities
; 145 University Avenue West
St. Paul, MN 55103-2044 MINNESOTA CITIES
(651) 281-1200 Building
(800) 925-1122
Fax (651) 281-1299 Quality
TDD (651) 281-1290 Communities'
www.lmnc.org
'.
.
Copyright @ 2000 League of Minnesota Cities Research Foundation.
All rights reserved.
.
.
League of Minnesota Cities
145 University Avenue West · St. Paul, MN 55103-2044
(651) 281-1200 · (800) 925-1122 · Fax (651) 281-1299
TDD (651) 281-1290 · www.lmnc.org
LMC 145 University Avenue West, St. Paul, MN 55103-2044
Leagutl of Minnesola Cities phone: (651) 281-1200 . (800) 925-1122
eWes promoting llxcellenctl Fax: (651) 281-1299 · TDD (651) 281-1290
Web Site: hup://www.lmnc.org
.
October 23, 2000
Dear League Members:
I am pleased to submit the accompanying draft 2001 Legislative Policies for your consideration.
These policies were developed by more than 200 city officials serving on the League's policy
committees and their respective policy task forces.
For those of you who served on a task force or policy committee, I would like to thank you for
your time and efforts. The hard work and input of city officials is the necessary foundation for
developing and implementing a successful legislative agenda for the League of Minnesota Cities
and its members.
For those who could not participate in the policy committee process, your input in the League's
policy development process is still crucial. The League needs your review of the attached draft
20011 Legislative Policies and the proposed resolutions. Please plan to attend the LMC Policy
Adoption Conference on November 17 at the Ramada Plaza Hotel, Minnetonka. If you cannot
attend the conference and have concerns or suggestions, please contact any member of the
Intergovemmental Relations staff at the League.
On behalf of the Board of Directors and League staff, please accept my sincere thanks for your
contribution to this most important process.
Sincerely,
A, /(J):f
Gary Doty
League President
Mayor, City of Duluth
L:igr documents/ZOO! PAC President's letter
AN EOUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
CONTENTS
Letter from the League President
League Staff ......................................................... .................. ............................................. i v
Legislative Policy Committee Members .............................................................................. v
Policy Development Process ................. ... .......... .............. .............................. ...................... vii
. General Policy Statement ......... ............... ..... ... ................. ...................................... .............. viii
Statement of Intent............................................................................................................... viii
2001 CITY POLICIES
Building Quality Communities Guideline ....................................................... 1
Improving Fiscal Futures............ ........ ............... ..... ................ ......... ..... ............... 3
FF-l. State-Local Fiscal Relations .................................................................................. 3
FF-2. State Shared Revenues ......................................................................................... 4
FF-3. Taxation of Municipal Bond Interest ................................................................... 4
FF-4. City Fiscal Year .................................................................................................... 4
FF-5. Sales Tax on Local Government Purchases ......................................................... 5
FF-6. Payments for Services to Tax-Exempt Property.................................................. 5
FF-7. Truth-in- Taxation ................ ... ... ... ..... ........ ............... ................... ...... ............ ....... 5
FF-8. State Administrative Deductions from State Aid ................................................. 5
FF-9. Reporting Requirements........................................................................................ 5
FF-IO. Federal Budget Cutbacks....... ............. .... ............. ... ............................................ ... 6
FF-ll. Price of Government ............................................................................................. 6
FF-12. Capital Improvement Fees................ ........ ................ ......... ......... ............. ........... ... 6
FF-13. Deferred Assessments for Roads .......................................................................... 7
FF-14. Taxation of Electronic Commerce ....................................................................... 7
FF-15. Limited Market Value ........................................................................................... 7
FF-16. State Charges for Administrative Services ........................................................... 8
Improving Local Economies.............. ................. .................................... ............. 8
LE-!. Tax Incement Financing ....................................................................................... 8
LE-2. TIP Reform ........................... .... .................................... ............................ .......... ... 9
LE-3. Impact of Property Tax Reform on Existing TlF Districts ................................... 9
LE-4. Business Subsidies ...............................................................................................1 0
LE-5. Economic Development Programs .......................................................................10
; LE-6. Redevelopment Programs .................... ... ....... .... ... ........... .......... ... ............ ......... ...1 0
LE-7. Property Tax Abatement Authority....................................................................... 11
LE-8. Brownfields ...... .................... ... ......... ............................... .................. ... ...... ........ ..11
LE-9. OSA Response Timelines......................................................................................12
LE-IO. OSA Time Limitations ..........................................................................................12
LE-ll. Growth Management and Annexation .................................................................13
LE-12. Electric Service Extension ....................................................................................13
LE-13. State and/or County Licensed Residential Facilities .............................................14
1
LE-14. Housing and Economic Viability ..........................................................................14
LE-15. Preservation of Federally-Assisted Low-Income Housing.................................... 15
LE-16. Adequate Funding for Transportation ...................................................................15
LE-17 . State Aid for Urban Road Systems........................................................................ 16
LE-18. Turnbacks of County and State Roads ..................................................................16
LE-19. Road Funding for Cities Under 5,000...................................................................16
LE-20. Railroad-Related Projects .....................................................................................17 .
LE-21. Right of Way Management ..................................................................................17
LE-22. Workforce Readiness. .......................................................................................... .18
LE-23 Platting Law Recodification .............................. ....................................... ........... ..18
LE-24 Economic Development Authorities .....................................................................18
LE-25 Infrastructure Funding Options .............................................................................19
LE-26. Statutory Approval Timelines ...............................................................................19
LE-27. Telecommunications Restructuring....................................................................... 20
Improving Service Delivery............................. ............................. ....... ....... .........20
SD-l. Redesigning and Reinventing Government ..........................................................20
SD-2. Unfunded Mandates ........ ..................... ...... ... ........ ..... ....................... ...................21
SD-3. Civil Liability of Local Governments ..................................................................21
SD-4. Environmental Protection ................... .................................................................. 22
SD-5. Election Issues ...................................................................................................... 23
SD-6. Local Election Authority.................................................. .......... .............. .............23
SD-7. Election Judge Appointment ....... ... .... ............................... ......... ............. ...... ...... ..23
SD-8. Election Judge Compensation ...............................................................................24
SD-9. Counting Write-in Votes .......................................................................................24
SD-IO. City Costs for Enforcing State and Local Laws ...................................................24
SD-ll. Design-Build ......................................................................................................... 24
SD-12. Providing Information to Citizens....................................... ..................................25
SD-13. Creating a Minnesota GIS Program .....................................................................25
SD-14. State Regulation of Massage Therapists ...............................................................25
SD-15. Private Property Rights and Takings.....................................................................26
SD-16. Construction Codes .............. ... ..................... ............ ............... ......... .............. .......27
SD-17. Fees for Service ....................................................................................................28
SD-18. State Appropriation for Government Training Service ........................................28
SD-19. Public Safety Spectrum Needs ..............................................................................28
Sp-20. Joint and Several Liability Reform .......................................................................29
SD-21. Competi tive Bid Threshold .................................................................................. 29
SD-22. Membership in Watershed Management Organizations .......................................30
SD-23. Legalization of Fireworks ............................................................ ........ .......... .......30
SD-24. 911 Funding..................... ............................... ........ ...............................................30
SD-25. On-Sale Liquor and Wine Licenses to Performing Theaters and
Cui tural Centers..................................................................................................... 30
SD-26. City Use of Credit Cards .......................................................................................31
SD-27. Youth Access to Alcohol and Tobacco .................................................................31
SD-28. Library Funding .................................... ... ........ ................................................ ......31
11
Human Resources and Data Practices ...................................................................31
HU{1lan Resources
HR-1 Veterans' Preference.............................................................................................. 32
HR-2. Discipline and Discharge....................................................................................... 32
HR-3. Compensation Limits...................................................................... ::....................32
. HR-4. Pay Equity............................................................................................................. 33
HR-5. PELRA . ....... .................................................... ............... .................................... ... 33
HR-6. Re-employment Benefits....................................................................................... 33
HR-7. Essential Employees.............................................................................................. 33
HR-8. Pensions................................................................................................................. 33
HR-9. PERA Funding Deficiency.............................. ..... .............................. ................ ... 33
HR-lO. Age Certificates / 1-9 Forms ..................................................................................34
HR-1!. Employer Reference ln1munity .............................................................................34
HR-12. State Paid Police and Fire Medical Insurance.......................................................34
HR-13. Breathalyzers.... ............... ................... ............. ....... ................. ............. ................. 35
HR-14. Preservation of Local Decision-Making Authority on Employment
Related Issues....... ......... ... ................... .............. ... ................. ....... ... ..... ....... ..........35
HR-15. Drug and Alcohol Rehabilitation ..........................................................................35
HR-16. Health Care Insurance Programs ...........................................................................35
Data Practices
DP-!. Public Access to Information ................................................................................35
, DP-2. State Model Policies and Training ........................................................................35
DP-3. Tennessen Warning ....... .............. ........ ................. .......................... ....................... 36
DP-4. Violations of Government Data Practices Act ......................................................36
DP-5. GDPA Compliance for Contracting ......................................................................36
Federal Employment lAw
FED-!. FLSAlOvertime Compensation ......... ..................... ..................... ... .......................36
FED-2. Peace Officer Bill of Rights ..................................................................................36
FED-3. Portability of Deferred Compensation ..................................................................37
FED-4. Medicare/Medicaid Premium Disbursements .......................................................37
Electric Restructuring ..... ......... .... ............. ........................................ ... ............ ..... ......37
Adequate Supply and Demand ........................................................................................... ..38
Consumer Protection.... ...................................................................................................... ..38
Environmental Concerns...................................................................................................... 3 8
Fair Market Competition...................................................................................................... 3 9
Local Authority.................................................................................................................... 39
Stranded Recovery Cost ................. ... .......... ....... ................................................................. .39
Property Tax ....................................................................................................................... ..40
iii
LEAGUE STAFF WORKING WITH STATE AND FEDERAL ISSUES
.
Jim Miller, Executive Director
Mandates, telecommunications
Gary Carlson, Director of Intergovernmental Relations
Aid to cities, electric utility restructuring, general revenue sources for cities,
personnel, property tax system, tax increment financing, transportation
Anne Finn, Intergovernmental Relations Representative.
Transportation, housing, land use, public safety
Kevin Frazell, Director of Member Services
Government innovation and cooperation, electric utility restructuring
Tom Grundhoefer, General Counsel
General municipal governance, telecommunications
Ann Higgins, Intergovernmental Relations Representative
Elections and ethics, housing, information policy, telecommunications, utility
service districts, year 2000
Andrea Stearns, Intergovernmental Relations Representative
Civil liability and criminal justice, economic development and redevelopment,
general government, locaVtribal relations, tax increment financing
Remi Stone, Senior Intergovernmental Relations Representative
Civil liability, environment, general government, housing and building codes,
labor relations, land use/annexation, personnel, transportation and transit
IV
Legislative Policy Committee Members
Improving Fiscal Futures
Dennis Kraft, Chair, City Manager, Robbinsdale Dick Allendorf, Council member, Minnetonka
Richard Abraham, City Administrator, Lake City David Beaudet, Council member, Oak Park Heights
Karen Anderson, Mayor, Minnetonka Jerry Bohnsack, City Administrator, New Prague
Bill Barnhart, Intergovernmental Relations, Doug Borglund, City Administrator, Howard Lake
. Minneapolis (alternate) Patrick Boylan, Assistant City Manager, Lexington
Curt Boganey, City Manager, Brooklyn Park Gerald Brever, City Administrator, Staples
Tom Burt, City Administrator, Rosemount Jim Brimeyer, Council member, St. Louis Park
Gino Businaro. Finance Director, Mound Cathy Busho, Mayor Rosemount
Dennis Cavanaugh, Mayor, St. Anthony Mike Campbell, Intergovermental Relations Director,
Jane Chambers, Assistant City Manager, Brooklyn St. Paul
Center Kevin Carroll, City Administrator, Carver
Tom Cran, Budget Office, St. Paul Tim Cruikshank, City Administrator, Minnetrista
Reggie Edwards, City Administrator, Chisago City Dan Donahue, City Manager, New Hope
John Erar, City Administrator, Farmington Michael Eastling, Public Works Director, Richfield
Richard Fursman, City Administrator, Andover Reggie Edwards, City Administrator, Chisago City
Pat Harris, Council member, St. Paul Karen Elhard, Clerk-Treasurer, Northome
Jeff Haubrich, Assistant Council Adminstrator, Red Jim Elmquist, City Administrator, Mora
Wing Mark Erickson, City Administrator, Lakefield
Terri Heaton, Chief Financial Officer, Bloomington John Flora, Public Works Director, Fridley
Pat Hentges, City Manager, Mankato Roger Fraser, City Manager, Blaine
Elizabeth Kautz, Mayor, Burnsville Matt Fulton, City Manager, New Brighton
James Keinath, City Administrator, Circle Pines Rick Getschow, City Administrator, Lauderdale
Linda Koblick, Councilmember, Minnetonka John Goedeke, Council member, Roseville
Tom Lawell, City Administrator, Apple Valley Tom Goodwin, Council member, Apple Valley
Dean Lotter, City Administrator, Janesville Mary Gover, Council member, St. Peter
Paul McLaughlin, Council member, International Chuck Groth, Mayor, Fairmont
Falls Tom Harmening, Community Development Director,
Peter Meintsma, Mayor, Crystal St. Louis Park
Tom Melena, City Administrator, Oak Park Heights Desta Hunt, Council member, Fergus Falls
Steve Mielke, City Manager, Hopkins Marvin Johnson, Mayo, Independence
David Minke, City Administrator, Princeton Steven Jones, City Manager, Montevideo
John Moir, Finance Director, Minneapolis Andrea Hart Kajer, Intergovernmental Relations
Gary Neumann, Assistant Administrator, Rochester Director, Minneapolis (alternate)
Steve Okins, Finance Director, Willmar Patrick Klaers, City Administrator, Elk River
Tammy Omdal, Finance Dept., Minneapolis Larry Lee, Community Development Director,
Roger Peterson, Association of Metropolitan Bloomington
Municipalities Don Levens, City Administrator, Cokato
Douglas Reeder, City Administrator, South St. Paul Nancy Mancino, Mayor, Chanhassen
Michael Rietz, City Administrator, Kasson Marcia Marcoux, Council member, Rochester
Michael Robertson, City Administrator, Otsego Mark Nagel, City Manager, Anoka
Ryan Schroeder, City Administrator, Cottage Grove Steve O'Malley, Deputy Manager, Burnsville
James Smith, Council member, Independence Samantha Orduno, City Manager, Richfield
Gerald Sorenson, Administrative Services Director, Bruce Peterson, Director Planning & Development
Moorhead Services, Will mar
Jerry Turnquist, Council member, Oak Park Heights Roger Peterson, Association of Metropolitan
David Mark Urbia, City Administrator, Blue Earth Muncipalities
Dan Vogt, City Administrator, Brainerd Dale Powers. Council member, Clear Lake
Jim Willis, City Administrator, Inver Grove Heights Gene Ranieri, Association of Metropolitan
. Rick Wolfsteller, City Administrator, Monticello Municipalities
Stephen Sarvi, City Administrator, Victoria
Improving Local Economies Mark Sather, City Manager, White Bear Lake
David Schaaf, Mayor, Oak Park Heights
Brenda Johnson, Chair, Council member, Chatfield Terry Schneider, Councilmember, Minnetonka
Jon Hohenstein, Vice Chair, City Administrator, Mary Sjodin, Information Technology Director, Red
Mahtomedi Wing
V
Terry Spaeth, Administrative Assistant, Rochester Ed Larson, City Manager, Morris
Cathy Thurber, Council member Minneapolis Kay McAloney, Human Resources, Director, Anoka
Craig Waldron, City Administrator, Oakdale Tim Madigan, City Administrator, Faribault
Jeff Weldon, City Administrator, Redwood Falls Teri Osterman, Clerk-Treasurer, Frazee
Mark Winson, Chief Administrative Officer, Duluth Givonna Reed, Assistant to City Administrator,
Heather Worthington, City Administrator, Falcon Mounds View
Heights Carol Rogers, Human Resources Senior Consultant, .
John Young, Jr., Council member, Hawley Minneapolis
Carol Schmidt, Benefits Manager, Minneapolis
Improving Service Delivery Ceil Smith, Assistant to Manager, Edina
Jerry Splinter, City Manager, Coon Rapids
Mark Karnowski, Chair, City Administrator, Daniel Tesch, Director of Administration, Lino Lakes
Lindstrom Todd Torvinen, Finance Director, Duluth
Judd Mowry, Council member, Tonka Bay Karen Lowery Wagner, Intergovernmental Relations,
Laurie Ahrens, Assistant City Manager, Plymouth Minneapolis
Beverly Aplikowski, Council member, Arden Hills
Mike Campbell. Intergovernmental Relations Electric Restructuring Task Force
Director, St. Paul
Pat Crawford, Clerk-Treasurer, Motley Kathleen Sheran, Chair, Councilmember, Mankato
Pam Dmytrenko, Assistant to City Manager, Bryan Adams, General Manager, Elk River
Richfield Municipal Utilities
Mary Hamann-Roland, Mayor, Apple Valley Karen Baker, House Research
Tom Hansen, Deputy Manager, Burnsville Larry Bakken, Councilmember, Golden Valley
Joel Hanson, City Administrator, Little Canada Mike Bash, Council member, Long Lake
John Kysylyczyn, Mayor, Roseville David Berg, RW Beck, Minneapolis
Barret Lane, Council member, Minneapolis Troy Bonkowske, Community Development
Jan LeSuer, Councilmember, Golden Valley Director, Caledonia
Joe Lynch, City Administrator, Arden Hills Jim Brimeyer, Councilmember, St. Louis Park
Larry Nicholson, Council member, Moorhead Chuck Canfield, Mayor, Rochester
Desyl Peterson, City Attorney, Minnetonak Al Crowser, Director, Alexandria Public Utilities
Gene Ranieri, Association of Metropolitan Jim Elmquist, City Administrator, Mora
Municipalities Robert Filson, City Administrator, Worthington
David Schaaf, Mayor, Oak Park Heights Paul Grabitske, City Administrator, Janesville
David Senjem, Councilmember, Rochester James Gromberg, City Administator, Isanti
Chad Shryock, City Administrator, Wabasha Delvin Haag, Council member, Buffalo
Al Thomas, Council member, Minnetonka Jeffry Haubrich, Asst. to Council Administrator, Red
Kent Torve, Mayor, Loretto Wing
Karen Lowery Wagner, Intergovernmental Relations, Ron Jabs, Mayor, Jordan
Minneapolis (alternate) Elizabeth Kautz, Mayor, Burnsville
Rena Weber, Clerk, Waite Park Mark Larson, City Administrator, Glencoe
Rebecca Law, Minneapolis
Human Resources and Data Practices Pam Marshall, Energy Cents Coalition
Kevin Maynard, General Manager, Austin Utilities
Joyce Twistol, Chair, ClerklPersonnel Director, Charles Mertensotto, Mayor, Mendota Heights
Blaine Mark Nagel, City Manager, Anoka
Ken Hartung, Vice Chair. City Administrator, Mike Nitchals, General Manager, Will mar Municipal
Bayport Utilities
Mark Anderson, Human Resources Director, Paul Ostrow, Council member, Minneapolis
Brooklyn Park Greg Oxley, MN Municipal Utilities Association
Geralyn Barone, Assistant City Manager, John Remkus, Finance Director, West St. Paul
Minnetonka Joe Rudberg, City Administrator, Becker -
Holly Duffy, Assistant to Manager, Crystal Amy Rudolph, Flaherty & Hood, St. Paul
Theresa Goble, Finance Director, Brainerd Mark Sather, City Manager, White Bear Lake
Terry Haltiner, Labor Relations Manager, St. Paul Jerry Splinter, City Manager, Coon Rapids
Bret Heitkamp, City Administrator, Champlin Jim Willis, City Administrator, Inver Grove Heights
Kay Kuhlmann, Council Administrator, Red Wing Wally Wysopal, City Manager-Clerk, North St. Paul
VI
League of Minnesota Cities
Policy Development Process
The League's policy development process has taken place over the past six months. The process
began with a member survey of priority issues facing city officials. The process will not end with
. the Policy Adoption Conference. The committees will schedule additional meetings during the
upcoming legislative session to discuss additional issues, develop alternative solutions, and
discuss strategies to implement the League's policies.
Listed below is a brief chronology of the major events in the policy development process. At
each step, members have the opportunity to participate in the development process.
April/May The League solicits members for ideas and problems. A survey at the Annual
Conference allows members to formally suggest topics.
June The League President accepts applications for committees and appoints policy
committee members.
The policy committees are: Improving Fiscal Futures
Improving Local Economies
Improving Service Delivery
Human Resources and Data Practices
Electric Restructuring
July Committees meet to discuss issues raised in the member survey. Committees can
also form task forces to more thoroughly study specific issues. Task forces can
include noncity members with a knowledge of the focus issue.
August Committees and task forces meet to discuss issues and problems, accept
through testimony and develop policy statements.
September
October The League Board of Directors meets with the chairs of the policy committees to
review policies.
November Policy Adoption Conference. Members have the opportunity to discuss the draft
policies, propose changes, and suggest additional policies for member
consideration.
January Legislative session. During the session, the policy committees and task forces
through will continue to meet on issues and strategies. Members can assist the League's
. May legislative efforts by volunteering to contact legislators on a variety of issues of
interest to our cities.
vii
General Policy Statement
The League of Minnesota Cities serves as a forum for cities to define common problems and
develop policies and proposals to solve those problems.
I
The League of Minnesota Cities represents 818 of Minnesota's 854 cities as well as 12 urban
towns and 27 special districts. All sizes of communities are represented among the League's
members (the largest nonmember city has a population of 164) and all regions of the state are
represented.
The policies that follow are directed at specific city issues. Two principles guide the
development of all League policies:
1. There is a need for a governmental system that allows flexibility and authority for cities
to meet the challenges of governing and providing citizens with services while at the
same time protecting cities from unfunded or underfunded mandates, liability or other
financial risk, and restrictions on local control; and,
2. The financial and technical requirements for governing and providing services
necessitate a continuing and strengthened partnership with federal, state, and local
governments. This partnership, particularly in the areas of finance, development,
housing, environment and transportation, is critical for the successful operation of
Minnesota's cities and the well-being of residents.
Statement of Intent
There are many issues affecting the effectiveness of city government to improve community life,
improve the fiscal future and service delivery of city government, and improve the local
economy.
What follows are statements of the issues facing cities and the League of Minnesota Cities'
proposed responses to these issues. These statements of issues and proposed responses form the
policy of the League of Minnesota Cities. Additional and alternative responses to those issues
may be proposed after the Policy Adoption Conference, and the members of the League authorize
its Board of Directors to consider and support additional or alternative responses, if necessary, to
resolve the issues identified in this policy statement.
Vlll
.
Proposed
2001 City Policies
.
1 GUIDELINE FOR BUILDING QUALITY COMMUNITIES
2
3
4 To the greatest extent possible, legislation affecting communities at the state and federal level
5 should enhance, not diminish, the ability of citizens, businesses, and local governments to work
. 6 together in partnership to make every community "livable."
7
8 ISSUE: Cities in Minnesota are at various stages in meeting the goal of being "livable, healthy
9 communities. "
10
11 RESPONSE: The definition of a "livable, healthy community" below will be used to
12 evaluate proposed legislation to determine whether or not it advances the goal of enabling
13 all Minnesota cities to become livable, healthy communities. It should also be used by cities
14 to evaluate their progress toward the goal of becoming livable, healthy communities.
15
16
17 A LIVABLE, HEALTHY COMMUNITY IS:
18
19 WHERE PEOPLE OF ALL AGES
20
21 . share a core of common values including valuing diversity, respect for each other, and good
22 citizenship
23
24 . feel:
25 * safe
26 * a sense of belonging
27 * welcome
28
29 . engage in life-long learning activities that:
30 * promote responsible citizenship
31 * enhance the enjoyment of life
32 * prepare them for changing job markets
33
34 . participate in the decision-making process with community leaders
35
36 . celebrate community
37
38 . want to make their home
39
40 . have access to:
41 * good paying jobs
42 * adequate and affordable housing
43 * choice of efficient transportation systems including transit, pedestrians, and bicycles
44 * gathering places
45 * desired information
46 * choice of cultural and recreational activities
47 * affordable goods and services, including health care
1
I . are involved in the nurturing of youth
2
3 . care about their homes, community, and the environment
4
5 . get to know each other
6 .
7 . have the benefit of strong family support and nurturing adults
8
9
10 WHERE LOCAL GOVERNMENT
11
12 . is responsive to the needs of its citizens
13
14 . is actively supported by enthusiastic volunteers
15
16 . is open and user friendly
17
18 . encourages and implements cooperation and collaboration
19
20 . provides and maintains an adequate physical infrastructure and promotes social infrastructure
21 to meet local needs
22
23 . educates citizens of all ages on local, regional, and state issues and government processes
24
25 . informs and communicates with citizens to foster participation in public policy decision-
26 making
27
28 . participates in youth development
2
1 IMPROVING FISCAL FUTURES
2
3 FF-l. State-Local Fiscal Relations
4
5 Issue: Minnesota's state and local government finance system is complex and intertwined.
6 This complexity has been the subject of ongoing legislative scrutiny and has most recently
7 resulted in a governor's initiative to review the system with the goal of developing a reform
8 proposal for the 2001 Legislature.
9
10 While cities rely on their partnership with the state to provide local services, they also must
11 respond to the needs and desires of their residents. To that end, cities need flexibility in
12 determining how to finance needed local services.
13
14 In 1997, the Legislature began making changes to Minnesota's property tax system that have
15 impacted the ability of cities to fund necessary services. Those changes, including the
16 reimposition of levy limits, significant class rate compression, and changes to the limited market
17 value law all have resulted in varying unintended consequences.
18
19 Response: To remedy existing and avoid potential future unintended consequences of
20 additional property tax changes, the League supports:
21
22 . Reviewing the combined impacts of property tax changes since 1997 and changing
23 economic circumstances for taxpayers and for local governments so that policy makers
24 can better understand where the system may need further changes;
25 . Expanding available city revenue sources to reduce the reliance on the property tax;
26 and
27 . Reducing the property tax burden for all classes of property by increasing the state
28 share of school funding. Any increase in the state share of school funding must
29 guarantee a permanent reduction in the school property tax burden. The League
30 supports paying for the increased state cost through income and sales taxes.
31
32 The League opposes:
33
34 . Reimposing levy limits, which are inefficient, ineffective, interfere with local
35 accountability, and ignore local circumstances;
36 . Imposing reverse referenda requirements, which undermine the decisions of local
37 elected officials, divert focus and resources from daily operations, and can disrupt the
38 local budget process;
39 . Replacing all or part of LGA or HACA with state-mandated categorical aid programs,
40 or local option taxing authority;
41 . Switching from the classification system to a market value based system, which would
42 cause tremendous shifts of tax burden between classes of property. The League also
43 opposes applying all future levy increases to market value because this would further
44 complicate the property tax system;
45 . Expanding the limited market value law or enacting an acquisition value law;
46 . Enacting proposals that would interfere in local decision-making regarding service
47 delivery;
~
1 . Imposing a state-levied property tax; and
2 . Cutting LGA or HACA to finance an increased state role in school finance.
3
4 FF -2. State Shared Revenues
5
6 Issue: State revenue sharing programs address at least three problems with a stand-alone
7 local government finance system. First, the property tax base available to communities can vary
8 dramatically. These programs use state resources to equalize the ability of communities to
9 provide essential services without undue property tax burdens for local residents.
10
11 Second, nonresidents can take advantage of local services or create additional demands for
12 services without contributing to the taxes that support these services. LGA and HACA help
13 address the free rider problem where nonpaying individuals consume services without
14 contributing to the local tax base.
15
16 Third, allowing local units of government in Mihnesota to levy only the property tax has
17 created an over-reliance on the property tax. LGA and HAC A can reduce the overall reliance of
18 local governments on the property tax.
19
20 Although historically the Legislature has generally supported LGA and HACA programs,
21 the 1981 Legislature reduced the number of LGA and HACA payments and the 1986 Legislature
22 delayed the payments. Under current law, the first payment of LGA and HACA is made in
23 July-fully 7 months into each city's fiscal year. These changes have created cash flow problems
24 for some cities.
25
26 Response: LGA and HACA, or similar replacement revenues, must be continued
27 and additional state resources greater than the rate of inflation must be allocated to
28 prevent rapid future property tax increases. In addition, the HACA household growth
29 factor for cities should be reinstated. The Legislature should adjust the LGA and HACA
30 payment schedule to provide cities access to LGA and HACA earlier in their fiscal year.
31
32 FF-3. Taxation of Municipal Bond Interest
33
34 Issue: The state law that grants a tax exemption for municipal bond interest lowers
35 borrowing costs for cities and reduces property tax levies.
36
37 Response: The state should maintain the tax exemption for municipal bond interest
38 income.
39
40 FF -4. City Fiscal Year
41
42 Issue: The fiscal year for cities and counties currently corresponds to the property tax cycle.
43
44 Response: The state should maintain current law and not change the city fiscal year to
45 coincide with the state fiscal year.
46
47
48
1 FF-5. Sales Tax on Local Government Purchases
2
3 Issue: In 1992 when the state was experiencing a budget shortfall, the Legislature repealed
4 the sales tax exemption for local government purchases. Local governments now pay state sales
5 tax on purchases like road maintenance supplies and equipment, wastewater treatment facilities,
6 and building materials for affordable housing. This tax currently costs local property taxpayers
7 and ratepayers an estimated $100 million annually. In addition, proposals to extend the sales tax
8 to services would have the effect of increasing local government costs and property taxes.
9 Because no additional state aids were added to offset the additional cost, this repeal has
10 effectively increased local property taxes to finance state operations.
11
12 Response: The state should reinstate the sales tax exemption for all local government
13 purchases. The exemption must not be coupled with cuts in LGA or HACA.
14
15 FF-6. Payments for Services to Tax-Exempt Property
16
17 Issue: Taxable property in many cities is being acquired by nonprofit and government
18 entities. Converting the property to tax-exempt status can lead to a serious tax base erosion
19 without any corresponding reduction in the service needs created by the property.
20
21 Response: Cities should have the authority to collect payments from statutorily exempt
22 property owners to cover costs of service as cities have with special assessments.
23
24 FF-7. Truth-in-Taxation Process
25
26 Issue: Cities must set a preliminary levy by September 15 which, by law, becomes the
27 maximum that cities can levy for the following year. In recent years, cities have not received
28 complete tax base and aid information in a timely manner. As a result, cities often either set a
29 preliminary levy that is artificially high or they are unable to budget for unforeseen needs that
30 arise after September 15.
31
32 Response: The League supports changes to the Truth-in-Taxation process to provide
33 more meaningful information to citizens. Cities should have the authority to increase the
34 final levy from the preliminary levy to meet unforeseen and uncontrollable needs.
35
36 FF-8. State Administrative Deductions from State Aid
37
38 Issue: State administrative costs are deducted from the LGA appropriation. This reduces the
39 property tax relief provided by LGA and creates hidden appropriations for state agencies.
40
41 Response: All appropriations from LGA resources that fund state operations should
42 be repealed.
43
44 FF-9. Reporting Requirements
45
46 Issue: Budget and financial reporting requirements imposed on cities by the state often result
47 in duplication and additional costs.
<;
1 Response: Requirements for reporting and advertising financial and budget
2 information should be carefully weighed to balance the validity of the state's need for
3 additional information with the costs and burdens of compiling and submitting this
4 information. In addition, all state agencies should be aware of the information already
5 required by others to avoid duplication of reporting requirements.
6 .
7 FF-IO. Federal Budget Cutbacks
8
9 Issue: Congressional budget actions or devolution of program responsibilities may place
10 fiscal burdens on the state and local governments.
11
12 Response: The state should not reduce aids or increase fees to local governments as a
13 means for dealing with cutbacks in federal revenues. The state should take responsibility
14 for reductions in federal revenues rather than placing the burden on cities and their
15 property taxpayers.
16
17 FF -11. Price of Government
18
19 Issue: The price of government legislation enacted in 1994 was intended to measure the
20 overall effect of state and local taxation over a long period of time. The targets measure
21 government revenues as a percent of personal income. Unfortunately, the targets have been
22 misinterpreted and used unfairly to criticize city tax and budget decisions.
23
24 Response: The price of government statutes as they apply to local governments should
25 be repealed. If the price of government law is to continue to be applied to local
26 governments, price of government calculations should be based on the sum of levy and
27 state aid, not just levy, and based on long-term trends, not single-year events.
28
29 FF-12. Capital Improvement Fees
30 Issue: New development and the resulting growth create an increased demand for public
31 infrastructure and other public facilities. Severe constraints on local fiscal resources and
32 dramatic forecasts for population growth have prompted cities to critically reconsider ways to
33 pay for the inevitable costs associated with new development. Traditional financing methods
34 tend to subsidize new development at the expense of the existing community, discourage sound
35 land use planning, place inefficient pressures on public facilities, and allow under utilization of
36 existing infrastructure. Consequently, local communities are exploring methods to ensure that
37 new development pays its fair share of the true costs of growth. Given the existing authorization
38 to impose fees on new development for water, sanitary and storm sewer, and park purposes, it is
39 reasonable to extend the concept to additional public infrastructure and facilities improvement
40 also necessitated by new development.
41
42 Response: The Legislature should authorize cities to impose capital improvement fees so
43 new development pays its fair share of the off-site, as well as the on-site costs of public
44 infrastructure and other public facilities needed to adequately serve new development.
1 FF-13. Deferred Assessments for Roads
2
3 Issue: Current law allows a city to recoup the costs for water, storm sewer, or sanitary sewer
4 improvements by levying additional assessments on the property benefiting from the
5 improvement, but not previously assessed. This authority for deferred assessment has not been
. 6 extended to other infrastructure, such as road improvements, even though properties are
7 benefiting from the improvements.
8
9 Response: Cities should be able to assess the cost of infrastructure improvements for
10 roads. Cities should be allowed to defer assessments against property located outside the
11 city for road improvements benefiting property abutting the improvement but not
12 previously assessed for the improvement. For example, if a city makes improvements to a
13 road that benefits city residents and township residents, the city should be able to defer the
14 assessments to the township property until the property is brought into the city. Once the
15 township property is brought into the city, the city would then be able to assess that newly
16 acquired property for road improvements previously done but not assessed at the time of
17 the improvements.
18
19 FF-14. Taxation of Electronic Commerce
20
21 Issue: Sales over the Internet and through other electronic means are projected to increase
22 exponentially over the next several years. Electronic transactions pose significant tax policy
23 challenges because of the difficulty of assigning a location to electronic sales, and because many
24 Internet "goods" are not tangible property.
25
26 Response: Federal tax policy should not place main street businesses at a competitive
27 disadvantage to electronic retailers, must not jeopardize repayment of bonds backed by
28 state and local sales tax revenues, and should ensure stability in state and local revenues.
29 To address the challenges created by the growth of e-commerce, the League supports the
30 multi-state effort to develop a streamlined sales tax system.
31
32 FF-15. Limited Market Value
33
34 Issue: Rapidly rising property values in some parts of the state have fueled legislative
35 interest in expanding the current limited market value law. One proposal would establish the
36 consumer price index as the maximum annual market value increase and extend the limit to all
37 classes of property.
38
39 Further restricting market value increases would have several negative consequences:
40
41 . It would unfairly shift taxes from properties experiencing growth in value onto all other
42 properties.
43 . Over the long-term, similar properties would be taxed at widely different rates merely due to
44 when the properties were last sold.
45 . It could discourage the sale of property because sales would return the property to full market
46 value for tax purposes.
47 . It would discourage improvements to property, which would trigger a return to full market
48 value for tax purposes. This could lead to degradation of housing and other types of property.
..,
1 . It could adversely affect the ability of cities to bond for infrastructure improvements or for
2 tax increment financing since local tax bases would not reflect the growth in property values.
3 . Once implemented, limited market value provisions are politically difficult to sunset due to
4 the potential for large one-year tax shifts onto properties whose values were artificially
5 capped by the program.
6 .
7 Response: The League opposes any expansion of the limited market value law.
8
9 FF-16. State Charges for Administrative Services
10
11 Issue: Currently, some state agencies have wide discretion in setting the fees for special
12 services they provide to local governments. For example, the Minnesota Department of Revenue
13 recently increased the fee for administering local sales taxes by 80 percent in the middle of a
14 budget year with less than six weeks notice. The increase had no apparent relationship to the cost
15 of providing the service.
16
17 Response: State agencies should be required to demonstrate the need for increases in
18 service fees, and should give adequate notice of increases to allow local governments to
19 budget for the increases. State agencies should set administrative service fees as close as
20 possible to the marginal cost of providing the service. Local government should be given
21 the option to self-administer or contract with the private sector for the service if the state
22 cannot provide the service at a reasonable cost.
23
24
25 IMPROVING LOCAL ECONOMIES
26
27 LE-l. Tax Increment Financing (TIF)
28
29 Issue: In the context of any discussions regarding regional economic development
30 strategies and "The Big Plan," it must be recognized that the state has effectively delegated the
31 responsibility for economic development and redevelopment to cities. Unfortunately,
32 neighboring states have given their cities more development tools and, therefore, cities in these
33 states have a competitive advantage over Minnesota cities. In Minnesota, tax increment
34 financing is the most viable tool available to ~ll cities in their economic development and
35 redevelopment efforts. Additionally, tax increment allows cities to address the changing needs
36 of their evolving communities.
37
38 The state, whether based on a lack of information or misinformation, has been critical of
39 cities' use of the tool and has implemented a series of restrictions over the past several years,
40 rather than partnering with cities and encouraging their endeavors to improve and enhance the
41 economic well-being of Minnesota and the growth and redevelopment of its cities. Critics often
42 claim that TIP is overused. Some of these critics have proposed TIP freezes or caps. This view
43 fails to recognize the benefits received by counties and school districts, as well as cities, upon
44 district expiration while only cities are required to assume the financial risks associated with
45 development decisions. Cities have used tax increment financing responsibly and examples of
46 these positive uses abound.
47
1 Response: To effectively compete with other states, Minnesota must provide its cities
2 greater flexibility in the use of tax increment financing and other economic development
3 programs. In implementing any sort of regional economic development strategy and
4 objectives contained in "The Big Plan," the state should partner with cities in economic
5 development and redevelopment activities, and encourage cities' use of tax increment in
6 achieving the laudable goals of long-term tax base stabilization and growth, job creation,
7 development of low-to-moderate income housing, remediation of pollution, elimination of
8 blight, recycling and redevelopment of the infrastructure, and redevelopment of its
9 communities.
10
11 The League opposes proposals for TIF freezes or caps. Counties and school districts
12 are appropriately involved in cities' development decisions through current "review and
13 comment" requirements and should recognize the benefits they receive, without assuming
14 any of the risk, due to cities' prudent uses of TIF.
15
16 LE-2. TIF Reform
17
18 Issue: Legislative proposals to reform the tax increment financing laws will continue to
19 be introduced and debated during upcoming legislative sessions.
20
21 Response: As part of any TIF reform debates, the Legislature should consider:
22
23 . Authorizing any tax increment districts approved after April 1, 1990, to pool
24 increments in the same manner as districts certified prior to April 1, 1990;
25 . Eliminating the LGAlHACA penalty currently imposed on districts or removing the
26 restrictions on the source of payment;
27 . Expanding the use of tax increment financing to assist in the development of
28 technological infrastructure, transit-oriented development, the restoration of historic
29 structures, and for nonretail commercial projects (e.g., software companies, banks, and
30 insurance companies);
31 . Except in cases where a business is moving from one Minnesota city to another,
32 expanding the use of tax increment financing for the purposes of workforce readiness,
33 job training, and moving workers into more skilled positions;
34 . Exempting redevelopment districts from the "five-year rule";
35 . Modifying the housing district income qualification level requirements to allow the
36 levels to vary according to those specific to individual communities;
37 . Authorizing the use of federal grants and other funds for local contributions; and
38 . Removing the LGAlHACA penalty imposed on housing districts established between
39 the penalty years of 1990 and 1993.
40
41 LE-3. Impact of Property Tax Reform on Existing TIF Districts
42
43 Issue: In addition to potential future action in light of "The Big Plan," recent Legislatures
44 have compressed property tax class rates which, in turn, has jeopardized the repayment of
45 outstanding debt or other obligations in existing TIP districts. Given the long-term nature of
46 property tax reform, cities could not have anticipated the impact of these class rate changes, nor
47 can cities project the impact of future changes.
48
~
I The Legislature has recognized its responsibility for the impacts of its actions by creating a
2 TIP grant program to address situations where the class rate changes cause TIF district deficits.
3 The TIP grant program, currently funded at $6 million and scheduled to expire in 2002, is likely
4 to be insufficient to cover every deficit. Some of the worst deficit situations may not surface for
5 a number of years. Additional pooling and special taxing district authority might be useful in
6 certain cities but are only partial solutions. .
7
8 Response: The Legislature should provide additional state resources to the TIF grant
9 program and extend the program indefinitely so that TIF obligations can be met and third
10 party bondholders are protected if the current TIF grant program is insufficient to cover
II deficits caused by recent class rate changes. The Legislature should also explore additional
12 options to address deficits such as district duration extensions and eliminating or adjusting
13 the original tax capacity rates.
14
IS LE-4. Business Subsidies
16
17 . Issue: The 1999 Business Subsidies Act was clarified and modified during the 2000
18 legislative session. In order for development agencies to effectively implement the amended
19 law, the law should be allowed to operate without further substantive legislative change.
20
21 Response: The Legislature should not make any substantive changes to the 1999
22 Business Subsidies Act during the 2001 legislative session.
23
24 LE-5. Economic Development Programs
25
26 Issue: The Minnesota Investment Fund is not adequately funded. Local governments
27 do not have an adequate slate of tools to assist job creation, redevelop blighted and decaying
28 properties, and provide adequate housing choices. Consequently, cities are not well equipped to
29 compete nationally and internationally for business development.
30
31 Response: More state resources should continue to be contributed to the Minnesota
32 Investment Fund. In addition, Congress should remove the caps that have been placed on
33 Industrial Development Bonds and acknowledge that the extensive eligibility requirements
34 now adequately limit their use.
35
36 LE-6. Redevelopment Programs
37
38 Issue: Communities across Minnesota are faced with the unique circumstances of
39 deteriorating, obsolete, and vacant structures in neighborhoods and downtowns and a lack of
40 land for development. Redevelopment activities usually require large, up-front funds to address
41 multi-phase projects of extensive duration where site assemblage, demolition, relocation, or
42 pollution clean-up must occur before private-sector interest can be generated.
43 Additionally, deterioration threatens historic structures in cities across the state. While the
44 redevelopment account administered by the Department of Trade and Economic Development is
45 a critical component in establishing a coherent statewide policy for redevelopment, cities do not
46 have sufficient tools to utilize in local historic preservation efforts.
47
1 Response: In recognition of the unique needs of redevelopment projects, the state
2 should continue its commitment to reinvest in its communities by increasing and
3 committing to permanent base budget funding for the redevelopment account administered
4 by the Department of Trade and Economic Development. Additionally, as part of a
5 comprehensive approach to redevelopment needs, the Legislature should consider the state
6 income tax credit legislation pursued by the Preservation Alliance of Minnesota, TIF
7 subdistricts, and other tax incentives for local historic preservation efforts.
8
9 LE-7. Property Tax Abatement Authority
10
11 Issue: In an effort to increase the number of development tools available, the 1997
12 Legislature authorized local units of government to grant property tax abatements. Although TIP
13 continues to be the primary financing mechanism for local development projects, tax abatements
14 provide a good addition to a needed list of economic development tools. In order to provide
15 maximum benefits, tax abatements should be less restrictive in terms of funding caps and
16 financing terms. Property tax abatements should not be considered a replacement for tax
17 increment financing.
18
19 Response: TIF is still the primary viable development tool available for cities.
20 Abatement authority should continue to be available, but not offered as a rationale to
21 eliminate TIF. Additionally, the Legislature should develop a state fund to facilitate state
22 participation in abatement projects. Finally, the funding caps should be increased or
23 eliminated.
24
25 LE-8. Brownfields
26
27 Issue: Brownfields are lands unsuitable for development due to the presence of chemical
28 or other contaminants. Brownfields are a major cause of blight within communities across the
29 state through loss of local tax base, jobs, housing quality, public safety, and community
30 confidence. Revitalizing this land is costly and requires the cooperation of city, county, school,
31 regional, state, and federal governments and the assistance of local economic development
32 organizations and citizens.
33
34 As we move into an era where the mass creation of jobs is a necessity and where increased
35 tax base is a requirement for local governments to adequately face growing financial pressures,
36 efforts to revitalize brown fields must not only continue but be accelerated in the upcoming years.
37 Currently, $7 million exists in the Department of Trade and Economic Development's (DTED)
38 base for the contaminated site clean-up fund. Additionally, $6.2 million is appropriated annually
39 from the Petrofund to DTED to clean up sites that contain at least some petroleum-related
40 contamination.
41
42 Response: A comprehensive set of economic development programs must be maintained
43 for cities and other development agencies. The Legislature should:
44
45 . Increase funding for the Department of Trade and Economic Development's
46 contaminated site clean-up fund and redevelopment account;
47 . Strengthen enforcement and collection of revenues for the state contamination tax;
48 . Continue support for and funding of local and regional programs to assist in the efforts
"
1 to remediate brownfields;
2 . Establish a fully-funded program to allow cities and other development authorities to
3 gain control of and reclaim and revitalize brownfields;
4 . Protect existing tax increment financing provisions that provide for the remediation of
5 brownfields, and modify restrictions to allow the pooling of district revenues to assist in
6 the financing of remediation of brownfields;
7 . Establish an indemnification fund to provide financial security for institutions and
8 individuals as they invest in efforts to recycle brownfields in order to leverage private
9 investment in cities' efforts to increase their tax base and create jobs; and
10 . Continue financing mechanisms for cleaning contaminated sites.
11
12 LE-9. OSA Response Timelines
13
14 Issue: The Office of the State Auditor (OSA) is responsible for TIP oversight. As part
15 of their review of TIP districts, they identify alleged violations of the TIP laws and issue
16 noncompliance notices to TIP authorities. After responding to these noncompliance notices
17 within the required 60-day period, authorities often do not receive timely responses on the matter
18 from the OSA. Additionally, TIP authorities are often unclear about the final disposition of the
19 matter upon receipt of a final noncompliance notice.
20
21 Response: In the event that the OSA determines to issue a final noncompliance
22 notice to a TIF authority, the Legislature should require the OSA to issue the notice within
23 60 days of receiving the authority's response. Any final noncompliance notice should
24 contain the OSA's final position on the matter, the date upon which they forward the
25 matter to the county attorney, and the next steps that are required to be taken according to
26 state law. Upon expiration of the 60-day period, the authority should be deemed to be in
27 compliance with the TIF laws if no final noncompliance notice is received.
28
29 LE-IO. OSA Time Limitations
30
31 Issue: The Office of the State Auditor (OSA) has the authority to issue noncompliance
32 notices for every existing TIP district in the state for alleged violations of the TIP laws. This
33 authority extends retroactively to the inception of the district. Accordingly, TIP authorities can
34 receive noncompliance notices for alleged violations that occurred twenty or more years ago.
35 Often, staff and record-keeping procedures have changed and TIP authorities find it exceedingly
36 difficult to reconstruct the past in order to identify and remedy these situations. Similarly, the
37 OSA claims the authority, based on the state's records retention schedule, to audit TIP districts
38 for up to ten years after decertification which requires cities to expend staff resources to maintain
39 files and a working knowledge of old districts for an unreasonable period of time.
40
41 Response: A reasonable timeframe within which alleged violations are identified
42 should be established. The Legislature should reasonably restrict the OSA's ability to issue
43 noncompliance notices to the six-year period prior to the notice's issuance date. The
44 Legislature should also require the OSA to conduct any audits on decertified districts
45 within one year of decertification.
1 LE-ll. Growth Management and Annexation
2
3 Issue: Unplanned and uncontrolled urban growth has a negative environmental, fiscal, and.
4 governmental impact on cities, counties, and state governments because it increases the cost of
5 providing government services, and results in the loss of natural resource areas and prime
6 agricultural land.
7
8 Response: The League believes the existing framework for guiding growth and
9 development primarily through local plans and controls adopted by local governments
10 should form the basis of a statewide planning policy and that the state should not adopt a
11 mandatory comprehensive statewide planning process. Rather, the state should:
12
13 . Provide additional financial and technical assistance to local governments for
14 cooperative planning and growth management issues, particularly where new
15 comprehensive plans have been mandated by the Legislature;
16 . Clearly establish the public purposes served by existing statewide controls such as shore
17 land zoning and wetlands conservation; clarify, simplify, and streamline these controls;
18 eliminate duplication in their administration; and, fully defend and hold harmless any
19 local government sued for a "taking"as a result of executing state land use policies;
20 . Give cities broader authority to extend their zoning, subdivision, and other land use
21 controls up to two miles outside the city's boundaries, regardless of the existence of
22 county or township controls, to ensure conformance with city facilities and services;
23 . Clearly define and differentiate between urban and rurnl development and restrict
24 urban growth outside city boundaries;
25 . Require the Metropolitan Council to seek cooperation from the state of Wisconsin and
26 counties (both Minnesota and Wisconsin) surrounding the metropolitan area to ensure
27 responsible and controlled development; study expansion of Metropolitan Council
28 authority in surrounding counties; and, examine the positive and negative impacts of
29 mandatory regional or local land use controls and state-imposed development
30 standards;
31 . Facilitate the annexation of urban land to cities by amending state statutes that regulate
32 annexation to make it easier for cities to annex developed or developing land within
33 unincorporated areas;
34 . Oppose legislation that would reinstate the election requirement in contested
35 annexations; and
36 . Encourage ideas consistent with the long. term goal of allowing urban development only
37 in urban areas. Density incentives such as sprawl reduction aid programs are more
38 straightforward methods of rewarding and encouraging compact urban development
39 than using LGA or HACA for another new purpose.
40
41 LE-12. Electric Service Extension
42
43 Issue: Minnesota law currently protects the right of municipally-owned utilities to
44 extend electric services to annexed areas. Electric cooperatives have announced their intention
45 to seek legislation that would eliminate the right of municipally-owned utilities to extend electric
46 services to annexed areas. Eliminating the authority to extend services would interfere with the
47 city's natural growth and with the ability of municipally-owned utilities to serve the entire
48 community.
1~
1 Response: The League opposes any statutory change that would impede or
2 eliminate the ability of municipally-owned utilities to extend electric services to any portion
3 of their respective cities, including annexed areas.
4
5 LE -13. State and/or County Licensed Residential Facilities (group homes)
6
7 Issue: As the need for more residential-based care facilities increases, sufficient funding is
8 also needed to ensure residents living in group homes and licensed facilities have appropriate
9 care and supervision. In view of cities' responsibilities to accommodate group homes and
10 residential-based facilities, it is important that state and county government work with local
11 officials to address residential care and public safety issues. Cities have reasonable concerns for
12 special care necessary for group home residents, particularly in case of public safety
13 emergencies. Since operators of certain residential facilities and services are not required to
14 notify cities when they intend to purchase housing for group homes, cities do not have
15 opportunity to raise concerns and requirements regarding the special care and public safety
16 measures these residences may expect.
17
18 Response: The Legislature should provide sufficient funding for such residential-based
19 services and require state and county agencies that manage those facilities or companies
20 licensed to operate group homes to notify cities in a timely manner when licensed facility
21 operators request to operate such facilities or to renew their license and allow cities to
22 require such agencies and licensed operators to identify and take appropriate measures to
23 respond to the special care residents need in case of emergencies.
24
25 Legislation should also require establishment of non concentration standards for state
26 or county-issued requests for proposals (RFPs) and direction to avoid clustering residential
27 facilities. Licensing authorities must also be responsible for removing any residents
28 incapable of living in such an environment, particularly if they become a danger to
29 themselves or others.
30
31 LE -14. Housing and Economic Vitality
32
33 Issue: City officials recognize that low rental vacancy rates and increased demand for
34 housing, particularly for starter homes for first-time homebuyers have had a dramatic impact on
35 affordability and threaten to undermine strong neighborhoods, healthy communities, and local
36 economic vitality. Decreased federal housing assistance and insufficient state resources for
37 housing production place statewide economic expansion at risk. Changes in social services and
38 family support, along with welfare-to-work requirements, make it paramount for the Legislature
39 and the federal government to identify and provide for additional resources for housing to
40 strengthen family stability, improve workforce availability, and improve children's school
41 performance.
42
43 Response: The Legislature must increase state investment in housing production, at
44 least doubling the current biennial housing budget, to help leverage private and local
45 resources as well as federal funds. The Legislature should continue to make additional
46 investment outside the metropolitan area for production of single-family housing
47 affordable to working families, along with affordable rental units.
48
1 In the metropolitan area, investing over the next biennium to carry out the goals of the
2 Livable Communities Act is critical to meet the needs of many households in which
3 working adults must now travel long distances to get to work and face a losing battle in
4 trying to afford housing for their families.
5
. 6 The federal government must address its responsibility to assist communities in
7 providing for production of affox:dable housing units and end over-reliance on housing
8 vouchers to solve the growing gap between rapidly increasing rents and the incomes of
9 workers in lower-paid employment.
10
11 The Legislature should continue to provide incentives rather than mandates to lower
12 housing construction costs and selling prices to encourage local government, builders,
13 developers, housing agencies, and organizations to address housing design and
14 construction costs, land use regulation, and other factors that affect housing development
15 costs. The Legislature should also give cities the authority to redevelop tax-forfeited
16 property for housing.
17
18 LE-15. Preservation of Federally-Assisted Low~ Income Housing
19
20 Issue: Loss of federally-assisted housing in communities throughout the state remains a
21 serious threat to the well being of older city residents as well as other vulnerable populations.
22 Cities do not have sufficient local resources to purchase or provide equity take-out loans to
23 owners of subsidized rental units who are considering mortgage prepayment and conversion to
24 market-rate rentals. Without such resources, properties originally built to provide housing for
25 low-income residents will be converted to market-rate, worsening an already tight rental housing
26 market.
27
28 Cities, neighborhood organizations, and community development projects also do sometimes
29 require demolition of substandard housing, which can compound housing shortages and displace
30 occupants.
31
32 Response: The Legislature must continue to provide additional resources for the
33 Minnesota Housing Finance Agency and community-based nonprofit housing
34 organizations to buy units or make equity take-out loans to property owners in return for
35 maintaining rents affordable to low-income residents and agreeing to maintain the
36 federally subsidized mortgage to term.
37
38 LE-16. Adequate Funding for Transportation
39
40 Issue: Current funding for roads and transit systems across all government levels in the
41 state is not adequate. The League acknowledges that all Minnesota communities benefit from a
42 sound and adequately funded transportation system.
43
44 Response: More resources must be dedicated to the state's transportation system. The
45 League supports constitutionally dedicating a portion of the sales tax on motor vehicles
46 (also referred to as MVET) or other new revenue sources to a transportation fund, which
47 would fund both highway and transit projects. The League also supports an increase in the
48 gas tax that would be dedicated under the existing highway user trust fund formula.
, ~
1 Replacement funding for vehicle registration taxes (known as tab fees) must be
2 constitutionally dedicated to the highway user trust fund.
3
4 If adequate funding does not come from the state, cities should have funding options
5 made available to them to raise the necessary dollars to adequately fund roads and transit. .
6
7 All non transportation programs should be funded from sources other than the highway
8 user distribution fund or other funds dedicated to transportation.
9
10 LE-17. State Aid for Urban Road Systems
11
12 Issue: Current rules governing municipal state aid expenditures are restricting the efficient
13 use of these funds, and do not adequately acknowledge the constraints of road systems in urban
14 city environments.
15
16 Response: Rules affecting the municipal state aid system need to be changed to
17 acknowledge the technical and practical restrictions on construction and reconstruction of
18 urban road systems. New municipal state aid design standards should not apply to
19 reconstruction of existing state aid streets originally constructed under different standards.
20 Future changes to state aid rules should ensure the involvement of elected officials and
21 engineering professionals in the decision-making process.
22
23 LE-18. Turnbacks of County and State Roads
24
25 Issue: As road funding becomes increasingly inadequate, more roads arebeing "turned
26 back" to cities from counties and the state.
27
28 Response: Turnbacks should not occur without direct funding or transfer of a funding
29 source. A process of negotiation and mediation should govern the timing, funding, and
30 condition of turned-back roads. City taxpayers should receive the same treatment as
31 township taxpayers. The requirement for a public hearing, standards about the conditions
32 of turnbacks, and temporary maintenance funding should also apply to county turnbacks
33 to cities. At a minimum, roads proposed to be turned back to a lower government level.
34 should be brought up to the standards of the receiving government or should be
35 compensated with a direct payment. Direct funding should be provided for smaller cities
36 that are not provided with turn back financing through the municipal state aid system.
37
38 LE-19. Road Funding for Cities Under 5,000
39
40 Issue: Cities under 5,000 population do not receive any nonproperty tax funds for their
41 collector and arterial streets.
42
43 Response: Cities under 5,000 population that are not eligible for Municipal State Aid
44 (M.S.A.) should be able to use county municipal accounts and the 5 percent account of the
45 highway user distribution fund.
46
47 Uses of county municipal accounts should be statutorily modified so counties can
1 dedicate these funds for local arterials and collector streets within cities under 5,000
2 population. In addition, the five percent set-aside account in the highway user distribution
3 fund should be used to meet this funding gap.
4
5 LE-20. Railroad-Related Projects
6
7 Issue: Cities are being presented with far-reaching and long-term effects when railroad
8 expansion and related projects enter their communities. Along with the concerns related to
9 safety, environmental effects, and noise impacts on the communities, several issues have greater
10 reaching effects. They are:
11
12 . The cost-share ratio related to roadway crossing improvements will be borne by the public
13 sector to a substantial degree, some estimates are 80 percent public to 20 percent private
14 funding;
15 . The financial burden faced by the public sector to deal with mitigation improvements, a cost
16 that the Surface Transportation Board (STB) is not requiring the private sector to pay;
17 . The issues associated with the length of trains moving through communities;
18 . Liability associated with whistle-blowing ordinances; and
19 . Preemption of local authority to regulate railroad activities.
20
21 Response: The private sector must be required to pay a greater share of the
22 improvements that benefit their industry. The public sector should not be expected to
23 underwrite the costs of improvements sought by the private sector. The state and federal
24 government must participate in adequately funding the mitigation of the negative impact of
25 railroads on local government and its citizens. The federal government must exercise
26 greater oversight of the STB to ensure that fair and equitable solutions are reached when
27 dealing with cities in Minnesota.
28
29 LE-21. Right-of-Way Management
30
31 Issue: Cities have fundamental responsibility for managing the safe and convenient use of
32 public rights-of-way and hold local rights-of-way in trust for the public as a limited and valuable
33 asset. As demand increases for use of rights-of-way, cities must continue to have clear authority
34 to allocate and coordinate that resource among competing uses. Local management
35 responsibilities vary and are site specific, underscoring the necessity for maintaining local
36 authority to recover actual management costs and to exercise local zoning and land use
37 regulations.
38
39 Response: State and federal governments must:
40
41 . Uphold local authority to manage and protect public rights-of-way, including
42 reasonable zoning and subdivision regulation and the exercise of local police powers;
43 . Recognize that municipalities have a paramount role in development, utility location,
44 and implementation of construction and safety standards;
45 . Support local authority to require full recovery of actual costs of managing use of
46 public rights-of-way;
47 . Allow cities to retain authority to franchise gas, electric and cable services and collect
48 franchise fees or alternative revenue streams; and
1'7
I . Maintain the courts as the primary forum for resolving disputes over the exercise of
2 such authority.
3
4 LE-22. Workforce Readiness
5
6 Issue: State and federal welfare reform efforts have focused on the importance of the
7 welfare-to-work transition, and have recognized the challenge of ensuring individuals are
8 qualified to work. Cities have an interest in the availability of qualified workers as part of their
9 economic development efforts. and can serve as a catalyst with other public entities and the
10 private sector to address workforce readiness issues. Small businesses may not have the
11 resources to work through complicated program application processes.
12
13 Response: The Legislature should continue to fully fund the job skills partnership and
14 pathways programs administered by the Department of Trade and Economic
15 Development. Flexibility should be provided to accommodate small companies' needs and
16 provide alternatives to the public training systems. The Legislature should create a block
17 grant program for cities to provide funds to small businesses for job training.
18
19 LE-23. Platting Law Recodification
20
21 Issue: The Minnesota Association of County Surveyors (MACS) is seeking to recodify
22 Minnesota Statutes Chapter 505. Two issues raised by MACS that will likely impact cities are
23 the subdivision plat requirements, and the creation and amendment of road right-of-way
24 acquisition maps. Additionally, there has been disagreement among plat law practitioners
25 whether the MACS proposal is the appropriate document for achieving recodification.
26
27 Response: It is not clear whether the platting statutes are in need of recodification. In
28 the event practitioners of plat law develop a document that is sound and ready for
29 legislative discussion, the Legislature should preserve local authority over plat approval
30 and to include language in the recodification legislation that will allow for pedestrian
31 easements or thoroughfares to be dedicated by plat (sidewalks, public trails, etc.).
32
33 LE-24. Economic Development Authorities
34
35 Issue: Tpe 2000 Legislature authorized counties outside the metropolitan area to
36 establish county economic development authorities (EDAs). The new law lacks specificity on
37 certain process and limitations issues. County EDA activity in areas surrounding cities will
38 directly impact the adjacent city in terms of service provision and taxes.
39
40 Response: The Legislature should establish reasonable limits on county EDA activities
41 in unincorporated areas, including requiring city approval for proposed county EDA
42 activities within two miles of a city. The Legislature should revisit the county EDA
43 legislation and add specificity to other process and limitations issues such as the local
44 recommendation committee.
1 LE-25. Infrastructure Funding Options
2
3 Issue: Current infrastructure funding options available to cities are inadequate. Existing
4 special assessment law, Chapter 429, does not meet cities' financing needs because of the benefit
5 requirement. The law requires a minimum of 20 percent of such a project to be specially
6 assessed against affected properties. In practice, however, proof of increased property value to
7 this degree of benefit can rarely be proven from regular repair or replacement of existing
8 infrastructure, such as streets or sidewalks. Alternatives to the Chapter 429 methods for
9 financing infrastructure improvements are nearly nonexistent.
10
11 The Legislature has given cities the authority to operate utilities for waterworks, sanitary
12 sewers, and storm sewers. The storm sewer authority, established in 1983, set the precedent for a
13 workable process of charging a use fee on a utility bill for a city service infrastructure that is of
14 value to all those in a city. Similar to the storm sewer authority, a transportation or sidewalk
15 utility would use technical, well-founded measurements, and would equitably distribute the costs
16 of local infrastructure services.
17
18 Response: The Legislature should authorize cities to create, as a local option, additional
19 utilities such as a transportation or sidewalk utility. Such authority would acknowledge:
20 the effects of repeated levy limits and the general funding shift from the state to local
21 governments for building and maintaining necessary infrastructure; the benefits to all
22 taxpayers of a properly maintained public infrastructure; and the limitations of existing
23 special assessment authority.
24
25 LE-26. Statutory Approval Timelines
26
27 Issue: Since 1995, cities have been required to act on written requests relating to zoning,
28 septic systems, the expansion of Metropolitan Urban Service Areas (MUS A) and other land use
29 applications in accordance to a statutory time period generally referred to as the 60-day rule.
30 Pursuant with Minn. Stat. ~ 15.99 state and local government agencies must approve or deny a
31 permit within a statutory time frame, and failure by the agency to issue a specific denial of the
32 application with contemporaneous written findings of fact shall be deemed an approval. Recent
33 court decisions have made it clear the law needs to be clarified making it more efficient and to
34 assist cities in providing accurate and timely responses to applicants.
35
36 Response: The Legislature should amend Minn. Stat. S 15.99:
37
38 . To allow government agencies to provide final written findings of fact at the next
39 official meeting of the governing body.
40 . To allow an automatic extension of the time limit an additional 60 days if the agency
41 votes down a resolution granting the request, but does not vote on a resolution denying
42 the request.
43 . To make clear the 60-day time limit begins at the point when a formal complete written
44 application is received on forms provided by the city with appropriate additional
45 supporting documents and including the payment of fees if necessary.
46 . To increase the initial time limit to 90 days for municipalities with less than 5,000
47 population.
48
HI
1 LE-27. Telecommunications Restructuring
2
3 Issue: Facilities-based competition for telecommunications services has failed to emerge
4 in many communities in Minnesota despite enactment of the 1996 Federal Telecommunications
5 Act. Outside metropolitan areas and regional trade centers, there is little evidence of head-to-
6 head competition. Further, there is a lack of coordination among federal, state, and local policies
7 aimed at encouraging competition.
8
9 Response: The Legislature should recognize that lack of consumer choice is a
10 serious disadvantage in obtaining advanced telecommunications services. State lawmakers
11 should support measures to:
12
13 . Assure communities have affordable access to state-of-the-art telecommunications to
14 strengthen local economies, expand educational opportunities, and improve quality of
IS life;
16 . Give cities express authority to provide state-of-the-art telecommunications either as
17 sole operators or in partnership with other providers;
18 . Define a strategic leadership role for state government by setting standards and
19 establishing goals for provision of these services, eliminating barriers to municipal
20 entry, increasing customer choice, and allocating resources; and
21 . Restructure telecommunications regulation and subsidies to increase investment in
22 state of the art telecommunications infrastructure and services in high-cost area and
23 low-income neighborhoods while taking into account the effect on cities' existing
24 revenue streams.
25
26
27 IMPROVING SERVICE DELIVERY
28
29 SD-l. Redesigning and Reinventing Government
30
31 Issue: Every level of government is reevaluating, reprioritizing, redesigning, and renewing
32 its organizational structure and programs in response to financial realities and citizens' needs and
33 problems. Reforms, however, must be more than change for the sake of change, or a reshuffling
34 of existing programs to appease the electorate. To be meaningful, reorganization and
35 reassignments of governmental entities and services should save money where feasible, deliver
36 improved services, serve essential needs, and be equitably structured. Cities have and will
37 continue to pursue the use of cooperative agreements, the reevaluation of city programs and
38 services, and changes to organizational structures.
39
40 Response: The federal, state, and county governments should:
41
42 . Ensure that in redesigning, reinventing, or reassigning government services and
43 programs that the appropriate level of service to citizens is evaluated, and citizen
44 demands and expectations are adequately addressed;
45 . Promote local efforts through incentives, rather than mandates;
46 . Communicate and establish a process of negotiation before shifting responsibility for
1 delivering services from one level of government to another, or seeking to reduce
2 service duplication;
3 . Transfer authority for use of revenues dedicated to such programs, or provide
4 appropriate and adequate alternatives;
5 . Identify and repeal programs or discontinue services that are no longer necessary, or
6 which can readily and fairly be provided by the private sector; and
7 . Employ existing government entities in redesign efforts rather than create new agencies
8 or units.
9
10 SD-2. Unfunded Mandates
11
12 Issue: The cost of federal and state mandated programs substitute the judgmentof
13 Congress, the President, the Legislature, and the governor for local budget priorities. These
14 mandates force cities to reduce funding for other basic services or to increase taxes and service
15 charges. The passage by the Legislature of reporting requirements for new state mandates, and
16 the passage by Congress of legislation restraining new federal mandates, should help address the
17 problem, but other steps are necessary.
18
19 Response:
20
21 . Existing unfunded mandates should be reviewed and modified or repealed where
22 possible.
23 . No additional statewide mandates should be enacted, unless full funding for the
24 mandate is provided by the level of government imposing it or a permanent stable
25 revenue source is established.
26 . Cities should not be forced to comply with unfunded mandates.
27 . Cities should be given the greatest flexibility possible in implementing mandates to
28 ensure their cost is minimized.
29
30 SD-3. Civil Liability of Local Governments
31
32 Issue: One of the barriers to the delivery of governmental services and programs is the
33 exposure of local governments and their officials to civil damage claims. The state has acted to
34 protect itself and its local governments by enacting exceptions and limitations to liability suits,
35 and authorizing self-insurance and other mechanisms to deal with claims allowed by law.
36
37 Response: The League supports:
38
39 . Creating an exception to municipal tort indemnification law (MN Stat. ~ 466.07) where
40 an employee is defended and indemnified for claims under a contract of insurance
41 carried by the employee.
42 . Extending the protection of the state and municipal tort claims act to quasi-
43 governmental entities when performing public services such as firefighting;
44 . Existing constitutional safeguards for protecting public and private property interests
45 without any statutory expansion of property rights; and
46 . Clarifying and maintaining the applicability of municipal immunity in various areas
47 including, but not limited to, park and recreational immunity, including the extension
48 to entities providing a public service that have not traditionally been included within
l'
1 the immunity (e.g. state trails over municipal utility easements) and vicarious official
2 immunity.
3
4 SD-4. Environmental Protection
5
6 Issue: Cities demonstrate strong stewardship for the protection and preservation of the
7 environment. Minnesota municipalities have historically been the leading funding source for
8 environmental protection and improvements. Municipal efforts include environmental protection
9 through wastewater treatment, wetland restorations, stormwater treatment, public utility emission
10 reductions, brown field cleanup, safe drinking water programs as well as others.
11
12 However, at some point the diminishing or nonexistent environmental benefit received from
13 addition efforts is fiscally irresponsible. Often, the programs are improperly designed to meet
14 their stated goals. Additionally, the absence of funding by the state and federal governments has
15 removed an essential restraining feature in program design and implementation. Agencies are
16 less accountable to the governments that mandate environmental programs when they do not
17 have to find the money to implement the programs.
18
19 Specific problems faced by cities include the following: .
20
21 . New programs or standards are continually adopted without regard to the existence,
22 attainability, or cost of existing programs and standards.
23 . Regulatory bodies fail to consistently use good science and the most current and accurate
24 data when establishing water quality standards.
25 . Regulatory bodies impose new permit requirements without going through rulemaking.
26 Instead, the agencies rely on internal documents, program strategies, and "best professional
27 judgment of staff" when setting permit criteria.
28 . Regulatory bodies approve permits and programs that compete with traditional municipal
29 services and encourage urban sprawl. This behavior puts at risk the public investments and
30 growth management efforts cities have made when planning for future development.
31 . Permit fees and other cost transfer elements of federal and state programs do not provide an
32 incentive for environmental agency efficiency, policy prioritization, or risk assessment.
33 . Third party environmental advocacy groups create significant hardships on cities by
34 threatening litigation even when hard science may not support the groups' positions.
35
36 Response:
37
38 . Alternative wastewater treatment and cooperative service systems should be prohibited
39 from operating in areas that can reasonably and effectively be served by existing
40 municipal systems unless:
41 . The municipal system is proven to be substantially less cost-effective and
42 substantially less beneficial to the environment; and
43 . the operation of these systems will not create a stranded public investment in the
44 existing system.
45 . Sufficient state and federal financial assistance should be provided to assist local
46 governments when complying with state and federal infrastructure requirements,
47 particularly with regard to wastewater, stormwater, and drinking water facilities.
1 . The MPCA should streamline its permitting and reissuing processes to allow for
2 effluent standards and permit requirements to be known earlier, thereby giving
3 communities more time to defend against contested case hearings.
4 . The Legislature should require the MPCA to make its determination regarding the re-
S issuance of a permit within a reasonable set time period and require the MPCA to
6 reissue the permit within a reasonable set time frame.
7 . Legislation should be passed that requires state agencies to establish permit
8 requirements only when the criteria they are using is developed through the rule
9 making process.
10 . The LMC should join with other like-minded organizations to contest though judicial
11 means various regulatory activities of state agencies and advocacy groups.
12
13 SD-S. Election Issues
14
15 Issue: Delays and lack of funding at the state level have prolonged the wait for cities to have
16 direct access to the statewide voter registration system. Lack of access increases the time and
17 cost to process new voter registrations, update voter files and verify voter information in a timely
18 manner.
19
20 Response: The Legislature should provide funding to allow more cities direct access to
21 the statewide voter registration system.
22
23 SD-6. Local Election Authority
24
25 Issue: Previous Legislatures restricted city authority to schedule city elections and establish
26 terms of office for local elected officials thereby diminishing regard for the role of local self-
27 government, particularly when state policy preempts home rule authority governing city
28 elections. Statutory cities currently lack authority to create wards.
29
30 Response: The Legislature should oppose further limits on either the number or the
31 length of terms city elected officials may serve, particularly when those terms have been
32 established by voters in home rule charter cities. State policy on uniform elections should
33 continue to recognize and uphold local authority to schedule city elections in November of
34 either even- or odd-numbered years. The Legislature should support provisions to give
35 statutory cities general authority to create wards.
36
37 SD-7. Election Judge Appointment
38
39 Issue: It is increasingly difficult for local election officials to comply with statutory
40 requirements that election judges serving at precinct polling places be persons identified as
41 members of major political parties. The requirement presents a growing concern in obtaining
42 qualified election judges and a serious obstacle to efficient election administration at the local
43 level.
44 Response: The Legislature should eliminate election judge appointment criteria
45 requiring persons seeking appointment as local election judges to designate a political
46 party.
?-
1 SO-8. Election Judge Compensation
2
3 Issue: People willing to serve as election judges are often discouraged from doing so
4 because the city is not authorized to accept their service as a volunteer or to contribute their
5 compensation to local charities or community nonprofit organizations.
6
7 Response: The Legislature should authorize cities to allow election judges to direct
8 that their pay be donated to a local charity or community nonprofit organization of their
9 choice.
10
11 SO-9. Counting Write-In Votes
12
13 Issue: Requirements for recording and reporting votes cast for fictitious and undeclared
14 write-in candidates are unproductive, time consuming and do not serve to increase voter
15 confidence in the outcome of the election. Despite actions of the 2000 Legislature requiring
16 write-in candidates for state offices to file an affidavit of candidacy prior to election day in order
17 for votes for such candidates to be reported, election judges continue to be required to count
18 write-in votes for candidates for judicial offices.
19
20 Response: There should be no requirement to tabulate or report write-in votes cast
21 for fictional or celebrity write-in candidates or for those other write-in candidates for
22 judicial offices who have not officially declared their interest in seeking office.
23
24 SO-10. City Costs for Enforcing State and Local Laws
25
26 Issue: Cities experience substantial costs enforcing state and local laws, particularly those
27 related to traffic, controlled substances, and incarceration of prisoners. The current method in
28 our criminal justice system of recovering costs for law enforcement and prosecution through
29 fines is insufficient to meet the costs incurred by local governments.
30
31 Response: The Legislature should review this issue and adopt measures that provide
32 for complete reimbursement of the costs incurred by local governments in enforcing state
33 and local laws. Solutions that should be considered include the following:
34
35 . Increasing fine amounts;
36 . Removing or modifying county and state surcharges that conflict with cost recovery
37 principles; and
38 . Requiring the defendant to pay the full costs of enforcement and prosecution as part of
39 any sentence.
40
41 SO-l1. Design-build
42
43 Issue: The standard bid procedure cities are required to use in selecting contractors for
44 municipal buildings can be quite costly. Private sector development uses a process known as
45 "design-build" in which various firms submit project proposals that include both a design and the
46 construction costs for that design. The selection is then based on the total package. By granting
47 specific statutory authority to use the design-build alternative to the Metropolitan Sports
1 Facilities Commission and state agencies, including the Department of Revenue, the Legislature
2 has recognized the financial savings it can provide. In documented instances, cities have saved
3 taxpayers up to 10 percent of the total project cost by using the design-build alternative.
4
5 The design-build process also permits improved project management and oversight.
6 However, absent statutory authorization to use this alternative, cities are vulnerable to lawsuits
7 from unsuccessful bidders. In addition, the design-build process for playground equipment can
8 encourage greater creativity while maintaining cost controls. Special legislation was enacted for
9 the city of Chanhassen in 1995 to experiment using this process for purchasing playground
10 equipment.
11
12 Response: The Legislature should authorize an extension of the design-build procedure
13 to cities as a less expensive alternative to the standard bid procedure.
14
15 SD-12. Providing Information to Citizens
16
17 Issue: To keep the public updated and informed, state law requires local units of government
18 to publish various notification documents in newspapers, and often dictates which newspapers
19 receive cities' publication business. The number and variety of documents required to be
20 published and the costs of publication are burdensome. Technological advancements have
21 expanded the ways government can provide information to citizens. In many cases, these new
22 technologies are more efficient and cost effective.
23
24 Response: Cities should be authorized to take advantage of new technologies to
25 increase the dissemination of information to citizens and potentially lower the associated
26 costs. Specifically, the Legislature should authorize local units of government to designate
27 an appropriate daily/weekly publication, elect alternative means of communication such as
28 city newsletters, cable television, and the Internet, and expand the use of summaries where
29 information is technical or lengthy. Additionally, the Legislature should eliminate
30 outdated or unnecessary publication requirements.
31
32 SD-13. Creating a Minnesota GIS Program
33
34 Issue: Local governments are finding geographic information systems (GIS) an essential tool
35 for comprehensive land use, real estate, environmental, and other land management information.
36 In many counties, maintenance of official land records has not been automated, creating a barrier
37 to GIS development. In addition, the start-up costs of GIS implementation can be prohibitive.
38
39 Response: The Legislature should encourage local government implementation of GIS
40 through grants and/or the dedication of a revenue source such as real estate transaction
41 fees. In addition, cities should be involved in the development of county land records
42 modernization plans.
43
44 SD-14. State Regulation of Massage Therapists
45
46 Issue: The state does not currently regulate massage therapy, an emerging and rapidly
47 growing profession. In order to control prostitution and to provide for health and sanitation
,,<;
1 standards, several cities have entered the traditional state domain of health-care licensure by
2 enacting ordinances that require all massage therapists to obtain a local professional license.
3 These ordinances allow local law enforcement officers to differentiate between legitimate
4 massage therapists, who have a city license, and prostitution businesses fronting as massage
5 therapy establishments.
6
7 The lack of statewide regulation of massage therapists has hampered law enforcement
8 techniques, and has caused problems for cities attempting to regulate an entire health-care
9 profession without any statewide standards. Currently, 25 states regulate massage therapists on a
10 statewide level. Statewide regulation of massage therapists would provide a clear set of
II educational standards that massage therapists must meet, and would provide local law
12 enforcement agencies with an easy tool to distinguish between prostitution and legitimate
13 massage therapy. Statewide regulation would not disturb traditional powers over land use and
14 business licensure.
15
16 Response: The League supports the statewide regulation of massage therapists in order
17 to aid local law enforcement efforts at controlling prostitution and other criminal activity.
18
19 SD-15. Private Property Rights and Takings
20
21 Issue: The Legislature has been introducing an increasing number of bills designed to
22 diminish or control local governments' ability to exercise traditional planning and zoning
23 authority and eminent domain powers. Legislation to control cities' abilities to perform
24 regulatory acts such as road right of way condemnation, shooting range zoning and amortization
25 received strong support from legislators. In addition, bills have been introduced to codify the
26 property rights section of Minnesota's Constitution.
27
28 The Federal Swamp Buster/Sod Buster programs, the Army Corps of Engineers' dredge and
29 fill programs, and the State's Wetlands Conservation Act and Community Based Planning Act,
30 appear to be the nexus for much of the property rights and takings legislation proponents.
31
32 The League supports local governments' ability to balance the rights of private landowners
33 with the interest of the public. However, the League is concerned various legislative initiatives
34 will adversely impact cities in three ways. First, such legislative initiatives undermine the
35 fundamental authority of cities to protect the public health, safety, and welfare of its citizens.
36 Second, if the Legislature acts to codify part of the Minnesota Constitution, an argument may be
37 made that the Legislature intended to create new causes of action against cities. This would
38 encourage more lawsuits and expose cities to the expense of defending those cases. Third, by
39 changing the state's eminent domain law, including "quick take" provisions, municipal
40 condemnation will be come more costly and take longer to conclude.
41
42 Response: The League encourages the state and federal governments to improve their
43 regulatory programs by eliminating property rights issues that were caused by the
44 adoption of such laws as the Wetlands Conservation Act or Swamp Buster/Sod Buster.
45 The League opposes legislation that diminishes the ability of cities to act in the best
46 interests of the health, safety, and welfare of its citizens, that increases the cost of doing
47 business for the public good, or that creates the possibility of additional lawsuits against
48 cities.
1 SD-16. Construction Codes
2
3 Issue: Each year the Legislature addresses construction codes issues that have some impact
4 on local governments. For example, the Legislature mandated bleacher safety code requirements
5 and is exploring the idea of having both the fire and building officials approve building permits.
6
7 In addition, the Construction Codes Advisory Council has indicated it may be recommending
8 legislation to institute an appeals process for disagreements over the application or interpretation
9 of various construction codes and to establish a statewide building code. The International
10 Organization for Standardization (ISO) has been evaluating Minnesota's building codes and
II enforcement. There is some expectation on the part of council members that ISO will act as the
12 catalyst for a statewide building code.
13
14 While all cities must enforce certain codes, such as the accessibility code, the electrical code
15 and the bleacher safety code, the state's building code remains a local option for cities outside
16 the metropolitan area. Many Greater Minnesota cities have adopted the state building code and
17 all cities within the seven-county metropolitan area are required to adhere to the state building
18 code.
19
20 Response: A building code provides many benefits including uniformity of construction
21 standards in the building industry, consistency in code interpretation and enforcement, and
22 life safety guidance.
23
24 A statewide-enforced building code may have benefits, but requiring it would result in
25 an unfunded mandate. The enforcement of a building code can be cost prohibitive for
26 many cities due to the expenses and overhead related to staffing vs. the limited building
27 activity occurring in some communities.
28
29 The League supports adoption of a state building code so long as there is not mandatory
30 enforcement at the local level. The adoption of an enforced state building code should
31 remain a local option for municipalities outside the seven-county metropolitan area, unless
32 the state fully funds the costs of enforcement and inspection services necessary to enforce a
33 statewide building code. In the event the Legislature requires an enforced statewide
34 building code, local governments must have the option to hire or select a building official of
35 their choice and set the appropriate level of service, even if the state fully funds code
36 enforcement activities.
37
38 An appeals process would provide an excellent forum to resolve code disputes.
39 To the extent the insurance industry is concerned about insuring structures not built to
40 code, the industry should drive code compliance by issuing policies or setting rates based
41 on whether the structure meets various code requirements.
42
43 Finally, the Legislature should work with cities and the Department of Administration
44 in determining the best method to designate a municipality's building official and in
45 clarifying the distinction between administering and enforcing the building code and the
46 administrative duties of a city when operating a building code department or managing
47 staff.
48
?7
1 SD-17. Fees for Service
2
3 Issue: Interest is increasing at the Legislature and among interest groups to mandate to local
4 governments specific fee limitations for various municipal services. Examples of legislation
5 include building permit fee legislation and coin operated amusement machine license fee
6 legislation, both designed to rigorously control local fee setting authority. This stems, in part,
7 from a belief of some that phm check fees, license fees, and other municipal fees for service do
8 not reflect the actual benefits received.
9
10 Additionally, other groups have begun discussing the value of fees for providing services.
II Recently, the Citizens Jury explored the value of fees for service and gave limited
12 acknowledgment of the value fees may have in providing core municipal services. The media
13 has entered the discussion, as well, urging the public and policy makers to monitor fee-setting
14 processes.
15
16 Response: While the state has a role in providing a general statewide funding policy,
17 the state should not interfere in the simple budgetary decision-making functions performed
18 by cities.
19
20 The League supports the Legislature endorsing local government authority to charge
21 fees that are reasonably related to the cost of providing the service, permit, or license and
22 acknowledging there are other associated costs inherent in the provision of those services,
23 permits, or licenses.
24
25 However, cities oppose any move to legislate specific methods to pay for municipal
26 services or place caps on license fees or other fees. General services such as permitting,
27 inspections, or enforcement are best funded out of a city's general fund. Cities are better
28 prepared than the state to make local budgetary decisions when providing local services.
29
30 SD-18. State Appropriation for Government Training Service
31
32 Issue: In 1977, the Government Training Service was created in order to provide a
33 coordinated response to the training needs of state and local governments. GTS was charged
34 with coordinating the needs of the state, cities, counties, townships, and school districts, with the
35 delivery capability of the state's institutions of higher learning and other continuing education
36 service providers.
37 State financial support of GTS is important. Many cities and other local governments find it
38 difficult to adequately fund official and staff training. GTS provides a cost-effective mechanism
39 for taking advantage of the efficiencies of cooperation.
40
41 Response: The League supports the state general fund appropriation for the
42 Government Training Service.
43
44 SD-19. Public Safety Spectrum Needs
45
46 Issue: Cities have benefited from successful efforts at the federal level to gain access to
47 exclusive radio and wireless communications capacity for state and local public safety spectrum.
1 For future interoperability, cities will need additional spectrum to ensure public safety agencies
2 can communicate with each other and with surrounding jurisdictions.
3
4 Unless secured for public safety purposes, allocation of spectrum in the 138-144 MHz band
5 is likely to be auctioned off to the highest bidder for private use.
6
7 Spectrum in the 800 MHz range requires many more sites to cover the same geographic
8 range and uses more expensive radio equipment. Although many local public safety agencies are
9 moving to new 800 MHz systems, others will need to remain in lower frequency bands.
10 Equipment in 800 MHz range does not communicate with many of the existing public safety
11 systems that operate at lower frequencies.
12
13 Response: The federal government must make sufficient spectrum available to allow
14 public safety agencies that require multi-agency communications to respond to accidents,
15 disasters, and criminal activity that cross jurisdictional boundaries.
16
17 The Legislature should not force cities to modify current public safety communications
18 or become part of the 800 MHz radio system until the city chooses to do so. Rather, the
19 Legislature should provide for a transition that guarantees uninterrupted service that is
20 capable of communicating among local public safety agencies, while allowing cities to form
21 coordinated dispatch and services. Regional funding of such systems should be considered
22 taking into account the useful life of current systems.
23
24 SD-20. Joint and Several Liability Reform
25
26 Issue: Under joint and several liability, a party named in a lawsuit can be held liable for
27 an entire damage award even if they are not found to be substantially at fault. Accordingly,
28 cities as "deep pockets" often are brought into lawsuits where it is likely that other named
29 defendants are uninsured or otherwise unable to pay. Cities will often settle these cases due to
30 the high degree of exposure and, at minimum, are almost always responsible for their defense
31 attorney's fees. Joint and several liability results in cities paying for others' negligence.
32
33 Response: The Legislature should eliminate or severely restrict the application of
34 joint and several liability to situations where private and public entities are substantially at
35 fault for the damages incurred.
36
37 SD-21. Competitive Bid Threshold Increase
38
39 Issue: The 2000 Legislature passed and the Governor signed into law an increase in the
40 spending threshold under the uniform municipal contracting law. Under the uniform municipal
41 contracting law, a city must bid out all purchases of supplies, materials, equipment, rental of
42 equipment, as well as construction, alteration, repair or maintenance of real or personal property
43 when the estimated amount of the contract exceeds $35,000 for municipalities of less than 2,500
44 population, or $50,000 for all others. The law also requires that purchases between $10,000 and
45 $25,000 be let with either sealed bids or through direct negotiation by obtaining two or more
46 quotations. However, this increase does not apply to other local contracting provisions in the
47 special assessment and public improvement statutes.
48
?Q
I Response: The Legislature should pass legislation to make the contracting threshold
2 provisions consistent among all local government contracting provisions retroactive to
3 August 1, 2000.
4
5 SD-22. Membership in Watershed Management Organizations
6
7 Issue: In 1999, the Legislature enacted a restriction that will prevent city employees from
8 serving on watershed management organization boards. The restriction will prevent city staff,
9 who may have an interest and expertise in watershed management issues from serving on a
10 watershed management board.
II
12 Response: Elected city councils have ultimate oversight of the functions of watershed
13 management organizations. The state should repeal the membership restrictions for
14 watershed management organization boards. In addition, the state should provide an
15 exception to the watershed district law to allow cities to recommend individuals who do not
16 live in the watershed to serve on the watershed district boards when a portion of the
17 watershed is located in the city but no one lives in that area.
18
19 SD-23. Legalization of Fireworks
20
21 Issue: Fireworks products can cause serious injuries and fire loss. Fireworks have been
22 illegal in Minnesota since 1941, and legalizing them would undermine fire prevention efforts.
23 Legalizing fireworks would increase public safety enforcement, emergency response, and fire-
24 suppression costs.
25
26 Response: The League opposes the legalization of fireworks.
27
28 SD-24. 911 Funding
29
30 Issue: As cities struggle to afford to maintain and improve the hardware, software, and
31 training to provide 911 services, costs continue to rise, and many cities are forced to choose
32 between bearing all costs or making incremental improvements to their systems.
33
34 Response: The League supports an adequate state funding source for the upgrades
35 and modifications of 911 and related systems that will allow cities to provide effective,
36 reliable emergency communications services.
37
38 SD-25. On-Sale Liquor or Wine Licenses to Performing Theaters and
39 Cultural Centers
40
41 Issue: Performing theaters and cultural centers are not one of the qualifying entities to
42 which municipalities may issue on-sale liquor or wine licenses. Several theaters have received
43 special legislation that allows their municipalities to issue on-sale liquor or wine licenses to
44 them. This practice interferes with the ability of municipalities to control the placement and
45 operating manner of these entities.
46
1 Response: The Legislature should authorize municipalities to issue on-sale liquor or
2 wine licenses to performing theaters and cultural centers subject to restrictions imposed by
3 the municipality.
4
5 SD-26. City Use of Credit Cards
6
7 Issue: Minnesota Law currently provides implied authority for city use of credit cards.
8 During the 2000 legislative session, the Legislature granted explicit statutory authorization for
9 county boards to authorize officers or employees otherwise authorized to make purchases to use
10 credit cards.
11
12 Response: The Legislature should clarify state statute to explicitly authorize city
13 councils to authorize city officers and staff otherwise authorized to make purchases to use
14 credit cards.
15
16 SD-27. Youth Access to Alcohol & Tobacco
17
18 Issue: The minimum age to purchase tobacco in Minnesota is 18. Cities have an interest
19 in preventing their youth from obtaining these products. To this end, many cities operate
20 compliance check programs in an effort to discern the current level of youth access and to reduce
21 youth access.
22
23 Response: The League opposes any proposal that could result in increased risks of
24 youth access to alcohol and tobacco products and expanded off-sale -venues for the sale of
25 such products. The League supports statutory changes that assist in reducing youth access
26 to alcohol and tobacco products without imposing unfunded mandates on local
27 governments.
28
29 SD-28. Library Funding
30
31 Issue: Many community libraries in Minnesota are city owned. Although located in an
32 individual community, city libraries serve a much wider area. Local libraries need to be
33 improved in order to provide access to both written and electronic media to enhance the
34 educational capacity of both adults and children.
35
36 Response: The League supports a state matching grant program to provide dollars
37 to assist communities to work in partnership to build and improve libraries.
38
39
40 HUMAN RESOURCES & DATA PRACTICES
41
42 Human Resources
43
44 Issue: Many state laws increase the cost of providing city services to residents by
45 requiring city governments to provide certain levels of compensation or benefits to public
46 employees, by specifying certain working conditions, or by limiting city governments' ability to
47 effectively manage their personnel resources. For instance, existing state laws limit
11
1 governments' ability to effectively address incompetence or misconduct of city employees
2 specifying certain procedures to be foIlowed or standards of conduct.
3
4 Response: The state government should refrain from passing laws that regulate the
5 public sector workplace, and should repeal or modify problematic existing laws and
6 regulations to encourage full local accountability.
7
8 The League of Minnesota Cities proposes the following initiatives and reforms:
9
10 HR-1. Veterans' Preference
11 . The Legislature should conduct a study of Minnesota's veterans' preference law to
12 determine its effectiveness and efficiency in light of today's employment laws, statutes,
13 and regulations. Minnesota's veterans' preference protections were created at the turn
14 of the 19th Century. These protections were designed to assist veteran employees at a
15 time when Minnesota's and the federal government's labor and personnel laws were in
16 their infancy. It is likely the Legislature will find parts of the law need modernization.
17
18 HR-2. Discipline and Discharge
19 . Veterans' Preference. The state should modify veterans' preference and civil service
20 laws that restrict the ability of local governments to effectively discipline public
21 employees. The LMC urges Legislature to make it a priority to amend the law to
22 address the following two points:
23
24 . remove the right to multiple, duplicative disciplinary proceedings; and
25 . exclude probationary period employees from veterans preference termination
26 law protections.
27
28 In addition the law should be amended to limit any back-pay claims to a maximum of
29 $100,000; to limit the period in which to request a hearing to 20 days (from the current
30 60 days); to require parties to select their hearing panel representative within 10 days
31 after notice has been given to the employer that the veteran employee is seeking a
32 veterans' preference hearing; and, to require the panel to hear the petition within 30
33 days after the third panel representative is selected and issue a decision within 30 days
34 following the hearing.
35
36 HR-3. Compensation Limits
37 . The Legislature should acknowledge that all state and local governments, not just
38 schools districts, must be competitive in recruiting and retaining upper level
39 management employees. In addition, there is no correlation between the compensation
40 of citizen volunteers and career public sector professionals. Therefore, the state should
41 repeal laws limiting the compensation of a person employed by a statutory or home rule
42 charter city to the governor's salary.
43 . The Legislature should repeal laws limiting the compensation of all public employees.
44 The Governor's salary cap limits the ability of public sector employers to attract and
45 retain qualified employees.
46
1 HR-4. Pay Equity
2 . The Pay Equity Law, Minn. Stat. ~ 471, should be repealed. Public sector employers
3 have met or exceeded the intent of the pay equity law. Even in the absence of this law
4 public employers are held accountable to existing state and federal laws which prohibit
5 discrimination based on gender.
6
7 HR-S. Public Employees Labor Relations Act (PELRA)
8 . The state should modify the definition of public employee under PELRA by removing
9 the existing 14-hour / 67 day requirement and replace it with a definition in which
10 employees must work more than an annual average of 20 hours per week.
11 . Temporary or seasonal employees should be excluded from the PELRA definition of
12 public employee in Minn. Stat. ~ 179A.
13
14 HR-6. Re-employment Benefits
15 . Public sector temporary or seasonal employees should not be eligible for re-
16 employment benefits.
17
18 HR-7. Essential Employees
19 . Cities must balance the health, welfare, and safety of the public with the costs to
20 taxpayers. Therefore, the Legislature should carefully examine requests from interest
21 groups seeking essential employee status under Minn. Stat. ~ 179A (PELRA). The
22 League opposes legislation that mandates arbitration that increases costs and removes
23 local decision-making authority.
24
25 HR-8. Pensions
26 . The state should amend the open meeting law to clarify that the open meeting law
27 applies to volunteer firefighter relief associations and local salaried police and
28 firefighter relief associations.
29 . The state should adjust the eligibility thresholds for public pensions to reflect real
30 dollars in today's economy and index the threshold for automatic future adjustments.
31 . The League opposes special legislation for individual employee pension benefit
32 increases unless they are initiated and approved by the city council of the impacted city.
33
34 HR-9: Public Employees Retirement Association (PERA) Coordinated Plan
35 Funding Deficiency
36
37 Issue: Recent analysis has demonstrated that the PERA coordinated plan has been using
38 overly optimistic actuarial assumptions for several years. The plan is expected to need additional
39 funding of more than $100 million a year over the next 25 years to cover projected pension
40 benefits. If the additional funding comes exclusively from employer and employee payroll
41 contributions, the increased contributions would be 30 percent higher than current levels.
42 Contribution rate increases may reduce employee's take-home pay, strain local budgets, and
43 result in property tax increases.
44
33
1 Response: City officials recognize that employer and employee contribution rate
2 increases are an important part of the funding solution. To reduce the magnitude of the
3 increases, the Legislative Commission on Pensions and Retirement should:
4
5 . Supply PERA with state aid funded through reduced contributions to the Teachers'
6 Retirement Association and the Minnesota State Retirement System. In 1984, PERA
7 and MSRS sufficiencies were similarly transferred to TRA when it was under-funded.
8 .. Implement pro-rated service credit. PERA is the only major Minnesota pension plan
9 that awards a full-year's service credit to part-time employees.
10 . Exclude all seasonal employees from participation in PERA.
11 . Explore the possibility of former employees taking refunds by offering a portion of
12 employer contributions as part of the refund.
13 . Reduce the guaranteed interest for deferred members' benefits.
14 . Increase the plan's vesting period from 3 to 5 years prospectively.
15 . Increase the amortization period for the plan's unfunded liability from 20 to 30 years.
16 . Restructure the POST fund in one or more of the following ways:
17 1. Eliminate the POST fund and combine the assets and liabilities of retirees with the
18 active fund.
19 2. Redirect some excess POST fund earnings to the active funds. Currently, retirees
20 are given all the benefits of high rates of investment return, and are also guaranteed
21 annual increases even in years of poor investment performance.
22 3. Pay excess mortality costs (when pensioners live longer than expected) out of the
23 post-retirement fund rather than the active pension funds.
24 4. Spread POST fund investment returns over a 10-year period rather than as-year
25 period.
26 . Not approve any benefit changes that increase the ongoing cost of the plan.
27
28 HR-I0. Age Certificates I 1-9 Forms
29 . The federal 1-9 form requires employers and employees to report the same information
30 required by Minnesota's age certificate. The state should repeal Minn. Stat. ~ 181A.06
31 and endorse the federal 1-9 form to verify age information, and eliminate redundancy
32 for employers and employees when reporting information.
33
34 HR-ll. Employer Reference Immunity
35 . The Legislature should enact legislation that provides limited immunity to cities when
36 giving accurate written disclosure of information regarding employment related
37 references. This legislation should not undermine the immunity found in the Data
38 Practices Act.
39
40 HR-12. State Paid Police and Fire Medical Insurance
41 . The state should fully fund programs that pay for health insurance for police and fire
42 employees required under Minn. Stat. ~ 299A.465, as amended in 1997, for police and
43 fire employees hurt or killed in the line of duty.
44 . The Legislature should clarify whether Minn. Stat. ~ 299A.465 applies to injuries
45 incurred prior to June 1, 1997 (the effective date of the law).
1 . The Legislature should clarify the amount of an employer's contribution under Minn.
2 Stat. ~ 299A.465 and whether it changes over time.
3
4 HR-13. Breathalyzers
, 5 . Minn. Stat. 9 181.950-.957 should be amended to permit the use of breathalyzers as an
6 acceptable technology for determining alcohol use. Currently, breathalyzer use is
7 permitted under federal and state commercial drivers' laws.
8
9 HR-14. Preservation of Local Decision-Making Authority on Employment
10 Related Issues
11 . The League supports local decision-making authority, and opposes legislation intended
12 to interfere in local decisions.
13
14 HR-15. Drug and Alcohol Rehabilitation
15 . Minn. Stat. 9181.953, subd. 10(b), an employer cannot terminate an employee for a
16 positive controlled substance test without first providing the employee a chance for
17 rehabilitation and treatment. Recently, some cities have been advised that this law
18 applies to "probationary" employees as well as permanent employees. Therefore, the
19 League supports a legislative change to clarify that the state law on drug and alcohol
20 rehabilitation and treatment does not apply to probationary employees.
21
22 HR-16. Health Care Insurance Programs
23 . The League supports voluntary participation in programs designed to provide for post-
24 retirement health insurance benefits or in health insurance plans structured to pool all
25 public employees.
26
27 Data Practices
28
29 DP-1. Public Access to Information
30 . Cities (and other state and local units of government) are required to establish policies
31 and make clear to the public procedures for obtaining access to data classified as
32 government public data. These requirements must accord local officials flexibility to
33 establish policies and procedures that reflect the availability of resources and existing
34 formats in which information is maintained and organized.
35
36 DP-2. State Model Policies and Training
37 . The Department of Administration is required to provide model policies and training
38 assistance to cities in complying with the Government Data Practices Act (GDPA). The
39 Legislature must continue to fully fund the on-going costs of GPDA compliance training
40 and education and directly involve local officials in the development and
41 implementation of training activities.
,~
1 DP-3. Tennessen Warning
2 . Changes enacted in 1999 addressed only the school district portion of the issues facing
3 local government employers when complying with the employee notice requirements of .
4 the Tennessen warning. The Legislature should limit compliance with notice
5 requirement to initial hiring procedures. The initial hiring notice will cover subsequent .
6 disciplinary or other personnel-related actions that are likely to adversely affect the
7 individual's employment status.
8
9 DP-4. Violations of Government Data Practices Act
10 . In some circumstances, local government compliance with the Government Data
11 Practices Act is hampered by fears of punitive legal action against public employees
12 responsible for responding to requests for information while also protecting data
13 classified as private or nonpublic. The Legislature should maintain current damage
14 award requirements for willful violations of the GDP A.
15
16 DP-5. GDP A Compliance in Contracting
17 .. The 1999 Legislature imposed requirements on the private sector to comply with the
18 Government Data Practices Act when under contract. Despite assurances to the
19 contrary, testimony in support of these new requirements generally supported imposing
20 these obligations whenever government contracts with the private sector to provide
21 public services. The Legislature should clarify that the 1999 changes in GDPA
22 requirements for access to public government data pertain solely to the contract
23 product delivered by the private sector.
24
25
26 THE LEAGUE SUPPORTS THE FOLLOWING POLICIES REGARDING
27 FEDERAL EMPLOYMENT LAW:
28
29 FED-1. FLSA/Overtime Compensation
30
31 . The Fair Labor Standards Act (FLSA) was designed for private employer - employee
32 relations. Government employees were exempt for over 100 years. Through a series of
33 court decisions, this statute is now applied to local governments. Certain exceptions for
34 state and local government employees should be reinstated by statute to allow for public
35 accountability and record keeping.
36
37 FED-2. Peace Officer Bill of Rights
38
39 . Congress should oppose a federal peace officer bill of rights because it will only
40 compound the difficulties with internal investigations, local enforcement and diminish
41 local accountability.
42
43
I FED-3. Portability of Deferred Compensation
2
3 . Public sector employees are increasingly changing jobs between the public and private
.
4 sectors. Congress should enact legislation that would permit tax deferred rollovers
5 .between public and/or private deferred compensation plans to improve the portability
6 of funds.
7
8 FED-4. MedicareIMedicaid Premium Disbursements
9
10 . Minnesota continues to be a net loser in federal Medicare and Medicaid premium
11 disbursements. Congress should recognize this disparity and provide Minnesota with a
12 more balanced and represented share of the costs of providing health care under
13 Medicaid and Medicare.
14
15
16 ELECTRIC RESTRUCTURING
17
18 Introduction: Cities have a strong interest in the public policy debate about electric
19 restructuring or deregulation. Minnesota already enjoys some of the lowest average electric rates
20 in the nation. The case has yet to be made that deregulation will result in either lower rates or
21 improved service for consumers.
22
23 Issue: For many decades, electric service to Minnesota citizens has been delivered
24 through a combination of investor-owned utilities (IOUs), municipal utilities, and rural electric
25 cooperatives. This system has served Minnesota well, delivering reliable, universal service at
26 rates among the lowest in the country.
27
28 In recent years, many have begun to promote "deregulation" or "restructuring"
29 of the industry, meaning that electric service would no longer be a franchised monopoly. A
30 number of states, primarily those with high electric rates, have taken steps to move toward such
31 restructuring. In most of these cases, transmission and distribution remain regulated, with retail
32 competition allowed for generation source.
33
34 Advocates of restructuring argue that such competition will lead to lower rates. However,
35 estimates by the federal Energy Information Agency* are that while the upper Midwest,
36 including Minnesota, will experience slightly lower rates in the short-term, longer-term rates
37 may actually be higher under restructuring. Concerns have also been expressed as to
38 whether residential customers, and those in rural and other harder-to-serve areas will actually
39 experience decreased reliability and increased rates.
40
41 Local elected officials have the primary responsibility to the citizens of their cities to
42 make certain restructuring that allows retail competition is as beneficial to the citizens as it is to
43 the industry. Beneficial to the citizen means that all Minnesotans experience the same reliable,
44 high-quality, universal, and low-cost service they experience under the current system of electric
45 power delivery.
46
47 EIA is the nonpartisan research arm of the U.S. Department of Energy
,7
1 City residents have a strong interest in the outcome of this important public policy
2 debate. Cities are substantial consumers of electric power. Over 180 cities have 10 percent or
3 more of their property tax base in electric industry property, while others collect franchise fees .
4 and/or sales taxes on electric purchases within their boundaries. Citizens in 126 Minnesota
5 communities currently receive economical electric service from municipal utilities, which make
6 payments-in-lieu of taxes to help support city services. Significant increases in the cost of
7 electric power for city operations or losses of these traditional sources of revenue will result in
8 property tax increases.
9
10 Response: The federal government should not mandate restructuring; the decision
11 should be left to the states.
12
13 The Legislature should continue to follow a slow, deliberative approach, taking time
14 to consider how alternative models for delivering electric power will affect the state's
15 traditional benefits of reliable, universal, high-quality and low-cost service. The public
16 policy discussion should be focused on actual benefits to citizens, rather than on ideological
17 arguments, stakeholder interests,- and over-reliance on simplistic objectives like "consumer
18 choice." Those advocating a change should bear the burden of proof to demonstrate that
19 restructuring and deregulation will, at a minimum, maintain Minnesota's high-quality,
20 low-cost, and reliable service. Only when that burden of proof has been met should
21 restructuring occur.
22
23 The following public policy goals should be incorporated into any legislation
24 restructuring the electric industry:
25
26 Adequate Supply and Demand
27
28 The state's current generation and transmission capacity is inadequate to meet
29 projected future needs. No new significant capacity has been built since the 1980's (Sherco
30 3). Current regulatory and other governmental policies serve as a disincentive to meet
31 customer demand. The state should review and amend these policies as necessary to
32 encourage development of adequate capacity and reliability.
33
34 Consumer Protection
35
36 Consumer interests must continue to be protected, especially for the most
37 vulnerable populations. Reliable service must be universally available and programs such
38 as cold-weather shut-off rules should be continued either as requirements for all market
39 participants or as separate state programs.
40
41 Environmental Concerns
42
43 The environment must be adequately protected, with conservation and renewable
44 energy efforts maintained. The federal government must review the appropriateness of
45 current environmental regulations and their effect in a deregulated market; for example,
46 exemptions from the Clean Air Act for some generation facilities.
47
1 Fair Market Competition
2
3 To ensure fair market competition, the federal and state governments must have the
. 4 authority to review mergers to prevent abuse of market power.
5
. 6 Cities must remain viable competitors in the electric market. Municipal utilities
7 must be granted exemptions from rules like the open meeting law and data practices
8 requirements where they hamper the ability to effectively compete with private companies.
9 To ensure adequate service to every citizen, cities and other local governments must
10 maintain their ability to issue tax-exempt bonds for construction of electric infrastructure,
11 and be given explicit authority to aggregate or municipalize provision of electricity.
12
13 Local Authority
14
15 Cities must maintain their traditional authority over land use, zoning, rights-of-way
16 management and cost recovery, as well as the ability to franchise providers and to receive
17 payments-in-Iieu of taxes from municipal utilities. Cities' authority to negotiate siting fees
18 and agreements for proposed generating facilities should be enhanced.
19
20 To avoid unnecessary demand for the limited space in public rights of way, open
21 access to transmission and distribution facilities should be maintained through regulation.
22
23 As the electric market is opened to interstate competition, the federal government
24 must preserve the application of Minnesota's state and local sales taxes to the sale of
25 electricity, regardless of the place of origin.
26
27 Stranded Cost Recovery
28
29 Issue: Regulated utilities have traditionally made operating decisions based on needs of
30 consumers within their service territories. Many decisions, therefore, have been based more on
31 need than on economics. In the transition from a regulated to a restructured competitive
32 environment, electric generators' investments in fixed assets and other obligations mayor may
33 not remain as economically viable. Estimates of these "stranded costs" vary greatly, with some
34 indicating no stranded costs or possibly even negative stranded costs resulting from increased
35 prices after deregulation in Minnesota.
36
37 Response: If regulatory actions have contributed to investment by existing regulated
38 utilities that are not economically viable in a competitive market, and if restructuring
39 occurs, the League supports transition mechanisms that will allow utilities to collect
40 revenues for those particular stranded costs. However, these charges must be carefully
41 monitored to ensure that only eligible and verifiable costs are covered and that over-
42 collections do not occur. Taxpayers and ratepayers should not be expected to cover the
43 cost of investments that were made for business reasons, apart from the requirement to
44 serve under the regulated system.
45
46 If negative stranded costs for the regulated utility as a whole can be established, and
47 are solely the result of transition to a restructured environment, these regulated utilities
,0
1 should be required to contribute some limited percentage of established amounts to offset
2 tax breaks given to these utilities as a result of restructuring.
3 ,
4 Property Tax
5 .
6 Issue: Part of the discussion regarding possible deregulation of the electric power
7 industry has centered on electric utility taxation. Proponents of restructuring assert that if
8 effective free market competition is to replace governmental regulation, state tax policy must be
9 changed. The main focus of the Investor Owned Utilities (IOUs) so far has been removal of the
10 attached machinery or personal property tax. Utilities subject to the tax argue it places them at a
11 competitive disadvantage to non-Minnesota companies, rural electric cooperatives (co-ops), and
12 municipals. However, accurate comparisons of tax burden are difficult, as other states use
13 completely different taxing systems. Additionally, co-ops and municipals do pay direct taxes on
14 some of their property and indirectly when they purchase wholesale power from sources that are
15 taxed, such as IOUs. Municipals make substantial payments-in-lieu of taxes.
16
17 Utility personal property can be a significant portion of the local tax base in all cities.
18 Most obviously affected are cities that have power plants; however, transmission and distribution
19 equipment account for over half of the personal property taxes paid by the IOUs and exist in
20 nearly every city. Replacing the revenue that would be lost to cities, counties, school districts,
21 and other local taxing jurisdictions is a stated goal of the IOUs; however, the mechanics and
22 funding sources of such a replacement revenue would be difficult to develop and administer, and
23 could be subject to reductions or elimination over time. Furthermore, replacement revenues or
24 aids may not fully address the problems created by a large tax base reduction.
25
26 Response: Cities oppose proposals for exempting the IODs from the personal
27 property tax, apart from the decision to restructure the electric industry in Minnesota.
28
29 If and when restructuring occurs, a truly independent review of the overall tax
30 burden should be conducted to determine whether Minnesota utilities are at a competitive
31 disadvantage. If an overall tax disadvantage is identified, the state should correct it.
32 Under no circumstances should local units of government or their citizens be required to
33 shoulder the burden of tax relief for IODs.
34
35
PLEASE PUT A CHECK MARK BY YOUR TOP FIVE (5) MAIN PRIORITIES
(SEE FULL TEXT OF POLICIES IN THE PROPOSED 2001 CITY POLICIES PACK)
City Name:
Improving Fiscal Futures
_FF-1. State-Local Fiscal Relations _SD-IO. City Costs for Enforcing State and Local Laws
_FF-2. State Shared Revenues _SD-II. Design-Build
_FF-3. Taxation of Municipal Bond Interest _SD-I2. Providing Information to Citizens
_FF-4. City Fiscal Year _SD-13. Creating a Minnesota GIS Program
_FF-5. Sales Tax on Local Government Purchases _SD-I4. State Regulation of Massage Therapists
_FF-6. Payments for Services to Tax- Exempt Property _SD-I5. Private Property Rights and Takings
_FF-7. Truth-in-Taxation _SD-I6. Construction Codes
_FF-8. State Administrative Deductions from State Aid _SD-I7. Fees for Service
_FF-9. Reporting Requirements _SD-I8. State Appropriation for Government Training
_FF-IO. Federal Budget Cutbacks Service (GTS)
_FF-II. Price of Government _SD-I9. Public Safety Spectrum Needs
_FF-I2. Capital Improvement Fees _SD-20. Joint & Several Liability Reform
_FF-I3. Deferred Assessments for Roads _SD-2I. Competitive Bid Threshold
_FF-I4. Taxation of Electronic Commerce _SD-22. Membership in Watershed Management
_FF-I5. Limited Market Value Organizations
_FF-I6. State Charges for Administrative Services _SD-23. Legalization of Fireworks
_SD-24. 911 Funding.
Improving Local Economies _SD-25. On-Sale Liquor or Wine Licenses to Performing
_LE-I. Tax Increment Financing Theaters and Cultural Centers
_LE-2. TIP Reform _SD-26. City Use of Credit Cards
_LE-3. Impact of Property Tax Reform on Existing Districts _SD-27. Youth Access to Alcohol and Tobacco
_LE-4. Business Subsidies _SD-28. Library Funding
_LE-5. Economic Development Programs
_LE-6. Redevelopment Programs Human Resources and Data Practices
_LE-7. Property Tax Abatement Authority Human Resources
_LE-8. Brownfields _HR-I. Veterans' Preference
_LE-9. OSA Response Timelines _HR-2. Discipline and Discharge
_LE-IO. OSA Time Limitations _HR-3. Compensation Limits
_LE-II. Growth Management and Annexation _HR-4. Pay Equity
_LE-I2 Electric Service Extension _HR-5. PELRA
_LE-13. State and/or County Licensed Residential Facilities _HR-6. Re-employment Benefits
_LE-14. Housing and Economic Vitality _HR-7. Essential Employees
_LE-I5. Preservation of Federally-Assisted Low-Income _HR-8. Pensions
Housing _HR-9. PERA Funding Deficiency
_LE-I6. Adequate Funding for Transportation _HR-IO. Age Certificates / 1-9 Forms
_LE-17. State Aid for Urban Road Systems _HR-II. Employer Reference Immunity
_LE-I8. Turnbacks of County and State Roads _HR-I2. State Paid Police and Fire Medical Insurance
_LE-I9. Road Funding for Cities Under 5,000 _HR-13. Breathalyzers
_LE-20. Railroad-Related Projects _HR-I4. Preservation of Local Decision-Making Authority
_LE-2I. Right of Way Management on Employment Related Issues
_LE-22. Workforce Readiness _HR-I5. Drug and Alcohol Rehabilitation
_LE-23. Platting Law Recodification _HR-I6. Health Care Insurance Programs
_LE-24. Economic Development Authorities Data Practices
_LE-25. Infrastructure Funding Options _DP-I. Public Access to Information
_LE-26. Statutory Approval Timelines _DP-2. State Model Policies and Training
_LE-27. Telecommunications Restructuring _DP-3. Tennessen Warning
_DP-4. Violations of Government Data Practices Act
Improving Service Delivery _DP-5. GDPA Compliance in Contracting
_SD-1. Redesigning and Reinventing Government Federal Employment Law
_SD-2. Unfunded Mandates _FED-I. FLSNOvertime Compensation
_SD-3. Civil Liability of Local Governments _FED-2. Peace Officer Bill of Rights
_SD-4. Environmental Protection _FED-3. Portability of Deferred Compensation
_SD-5. Election Isses _FED-4. Medicare!Medicaid Premium Disbursements
_SD-6. Local Election Authority
_SD-7. Election Judge Appointment
_SD-8. Election Judge Compensation _Electric Restructuring
_SD-9. Counting Write-in Votes
--over --
,
Use this space to make any comments or changes to the proposed policies. I
Use this 1ace to suggest and briefly comment on additional policy issues you wish to be
addresse .
i
i
If necessary, use additional sheets.
ot\&\~~
I I I I I I
TO: ! Mayor and City C?uncil OCTOBER
FROM, David Almgren : I I I
RE: '2000 Monthly Building Report ,
:: I \ '
I I I I
BUILDING PERMITS \
! ! i PermiVPlan jTax iTotal ;Vl:'Iuation
30 I Residential 29: S/W 11 Septic $ 53,742.50 ; $' 2,103.00 I $ 55,845.50 ' $ 4,206,000.00
6.Additions i I $ 2,845.43 I $ 63.40 . $ 2,908.83 $ 126,800.00
6 Garages , 1 $ 2,042.25 i $ 41.55' $ 2,083.80' $ 83,100.00
1 Remodeling/Finishing i $ 1,010.21 : $ 28.00: $ 1,038.21 $ '56,000.00
,Commercial Building : I ! $ -
Pole Bldgs/Barns 'I $ -
3;Sheds ! $ 369.30' $ 5.70 $ 375.00 $ 11,400.00
2 Swimming Pools $ 453.25 ' $ 15.15 ' $ 468.40 $ 30,300.00
; Chimney/Stove/Fireplace I . $ -
. ,
5,Structural Chang,es I $ 300.84 . $ 5.35 , $ 306.19 , $ 9,200.00
12iPorchesIDecks : $ 1;033.78 $ 14.37: $1,048.15: $ 28,741.00
. I Repair Fire Damage i $ -
25:Re-RooflSiding; ~ $ 1,040.00 $ 12.50 i $ 1,052.50
4 Other ' , $ 924.34 $ 21.45 . $ 945.79 $ 42,900.00
1 Commercial Plumbing, $ 267.71 : $ 5.00 : $ 272.71 $ 10,000.00
1 Commercial Heating' I $ 214.09 . $ 3.70 $ 217.79 $ 7,387.00
2 Commercial Fire Sprinkler! $ 873.68 I $ 18.90 $ 892.58 $ 37,300.00
Commercial Utilities '
2 ,Commercial Grading ! I $ 2,958.86 I $ 104.35 i $ 3,063.21 $ 208,700.00
100iSUBTOTAL: ! $ 68,076.24 I $ 2,442.42 : $ 70,518.6q $ 4,857,828.00
! I I
PERMITS i FEES COLLECTED
100 Building Permits' $ 68,076.24 ! $ 2,442.42 ] $ 70,518.66
. . I
Ag Building' : $ -
Curb Cut $ -
1 Demolition $ 30.00 $ 30.00
1 Footing , $ 15.00 $ 15.00
'Renewal $ -
jMoving : I $ -
32 Heating $ 1,125.00: $ 16.00 $ 1,141.00
26[ Gas Fireplaces : $ 1,040.00 i $ 13.00 , $ 1,053.00 ,
41 :Plumbing $ 4,005.00 ' $ 20.50 · $ 4,025.50 '
47Pumping $ 141.00. ' $ 141.00 '
8 Septic New : $ 280.00 : $ 4.00 . $ 284.00
4 Septic Repair : $ 140.00 , $ 2.00 $ 142.00
28 Sewer Hook-Up , $ 700.00 $ 700.00
28 Water Meter : $ 1,400.00 : $ 1,400.00
1 . Sewer Change Over $ 40.00' .$ 0.50 $ 40.50
1 Water Change Over ! $ 50.00 $ 0.50 $ 50.50
29;Sac Retainage Fee $ 319.00 $ 319.00
28 Sewer Admin. Fee $ 420.00 ' $ 420.00
30 Certificate of Occupancy $ 120.00 $ 120.00
30 License Verification Fee ' $ 150.00 $ 150.00
2 Reinspection Fee i $ 84.00 $ 84.00
19 Contractor License $ 475.00 $ 475.00
Rental License $ -
Health Authority, $ -
$ -
456 ,TOTALS t $ 78,610.24 ' $ 2,498.92 $ 81,109.16
L j I :
I .
I ii,
Total Number of Homes YTD! 2000: 312;
Total Number of Homes YTD' 1999' 361
I
TotalValuationYTD- 2000: $ 51,210,811.00,
Total Valuation YTD - 1999 $ 48,750,199.00
Total Building Department Income YTD- 2000 787,297.70
Total Buildin De artment Income YTD- 1999 813,717.59
O~\~ N~L
~
W
DATE November 9. 2000 1.L )
ITEMS GIVEN TO THE CITY COUNCIL ~ ~
. Planning & Zoning Minutes - October 24, 2000
. Letter from Robert Smude, MDH - October
. Anoka County Highway Department Road Closure
. Andover High School Traffic Study Report
. Schedule of Bills
PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON
THE NEXT AGENDA.
THANK yOU.
.,
.
Traffic Study
Andover High School
Andover, Minnesota _.
SEH No. A-ANDOVOO02.00
October 17, 2000
, ,
SHORT ELLIOTT HENDRICKSON INC
Multidisciplined.
Single Source.
.
.
Andover High School
Traffic Study
Andover, Minnesota
SEH No. A-ANDOVOO02.00
October 17, 2000
I hereby certify that this report was prepared by me or under my direct
supervision, and that I am a duly Licensed Professional Engineer under the
laws of the State of Minnesota.
W(!1U!;; /]11('}z.i
Pamela J. Maki, P.E.
Date: / {\/n/t.fD Reg. No.: 25772
Reviewed by: .-& /k;WhmW l~
Date
Short Elliott Hendrickson Inc.
3535 Vadnais Center Drive
St. Paul, MN 55110-5196
651 .490.2000
,
.
Table of Contents
Title Page
Certification Page
Table of Contents
Page
1.0 I ntrod u ction ........................ ............................................................................ 1
2.0 Trip Generation and Distribution .................................................................. 3
3.0 Crosstown Boulevard/Andover Boulevard Intersection ............................. 4
3.1 Geometries............................................................................................... 4
3.2 Traffic Control.................... ................................... ....... ..... ............ ............ 6
3.2.1 Scenario 1 .....................................................................................6
3.2.2 Scenario 2 ..................................................................................... 7
3.2.3 Scenario 3 .....................................................................................7
3.2.4 Scenario 3A ................................................................................... 8
3.2.5 Traffic Control Recommendations ................................................. 8
4.0 Bus E ntra n ce ............................................................. ...................... ............... 8
5.0 Traffic on Surround i ng Roads................ ....... ........ ................. ................ ....... 8
6.0 Site P I an........................................................................................................ 1 0
6.1 Parking.......................................... ......................................................... 10
6.2 Additional Exit................................................................................. ........ 10
7.0 S urn m ary ....................................................................................................... 11
List of Tables
Table 1 Trips Generated by New School..................................................... 3
List of Figures
Figure 1 - Project Location ........................................................................................2
Figure 2 - Proposed Geometrics............................................................................... 5
SEH is a rc~iSlcrcd lradcmark or Shon Elliott Hendrickson Inc.
Traffic Study A-ANDOVOOO2.00
Andover. Minnesota Page i
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~ 9/21/00 ANDOVER, MINNESOTA
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2.0 Trip Generation and Distribution
Traffic volumes associated with the new high school were generated
and distributed to the surrounding road system. Two scenarios were
used to generate new trips for the site. The first scenario assumes
1,400 students, while the second scenario assumes 1,800 students. The
traffic associated with a high school can have three peaks: a.m. peak,
afternoon peak, and p.m. peak. The a.m. peak of the high school
usually coincides with the a.m. peak hour of the adjacent roadway. The
afternoon peak of the school usually happens in the mid-afternoon,
before the p.m. peak hour of the roadway. A third, smaIler peak
coincides with the p.m. peak hour of the roadway, due to after-school
events. The table below shows the estimated trips associated with each
scenario during the different peaks.
Table 1
Trips Generated by New School
Daily A.M. Peak Afternoon Peak P.M. Peak
Scenario Trips In Out In Out In Out
1,400 Students 2,586 471 213 150 310 84 126
1,800 Students 3,322 605 273 192 398 108 162
The school district has predicted that a majority of the buses (78%)
would access the site by traveIling southbound on Round Lake
Boulevard to the Andover Boulevard extension (assuming that it is in
place) then north on Crosstown Boulevard to the bus entrance. The
remaining buses would be split evenly between northbound and
southbound Crosstown Boulevard. Since the Andover Boulevard
extension will not be in place when the school opens, it was assumed
that the majority of the buses would access the site via 16 I Sl A venue
(County Road 20) and Hanson Boulevard to Crosstown Boulevard.
They could also access the site via Coon Creek Boulevard, but since
161 st A venue is a county road and a more direct route, it would be the
preferred alternative.
The same distribution method was used for the student/staff trips. If
the Andover Boulevard extension (Phase 2) were in place, most of the
students/staff coming from the northwest section of Andover would
use it. Since the extension will not be in place when the school opens,
the alternate routes are Coon Creek Boulevard and 16 I sf A venue.
Unlike the buses, it was assumed that some of the new trips would use
Coon Creek Boulevard, although the majority would use 16 I sl A venue.
It was assumed that the buses and students would use Andover
Boulevard instead of Coon Creek Boulevard once Phase 2 of the
extension is complete.
The northern part of the metro area has seen considerable growth in
recent years and continues to grow. Based on the City of Andover
Traffic Study A-ANDOVOOO2.00
Andover, Minnesota Page 3
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3.2 Traffic Control
The intersection was studied to determine the appropriate type of
traffic control based on the four different scenarios listed above.
Following is a summary of the findings.
3.2.1 Scenario 1
Scenario I assumes opening day student enrollment, 2002 volumes on
the surrounding roadways, and Phase I of the Andover Boulevard
extension.
. Two-Wav Stop Control - The intersection was analyzed with two-
way stop sign control on Andover Boulevard. It was found that
during the a.m. peak, the eastbound and westbound left turn
movements will experience a very large delay assuming two-way
stop sign control. During the afternoon peak and p.m. peak, the
intersection operates satisfactorily. However, the peaking or surge
of traffic from the school dismissal or a special event will create
longer delays for short periods of time making additional traffic
control more desirable.
There will be pedestrians crossing at this location, and it will be
difficult for pedestrians to cross at a two-way stop controlled
intersection, if Crosstown Boulevard traffic does not have to stop.
. All-Way Stop Control - The intersection was analyzed as an all-
way stop control. The intersection will operate satisfactorily with
all-way stop control, although it may not be wan'anted.
Unwarranted all-way stop signs are often not respected if
conflicting traffic volumes are low. Pedestrians crossing at this
location would have the right-of-way, although safety may he
compromised if the stop signs are not complied with. A large
portion of the drivers will be students, who tend to be less
conservative drivers.
It was found that the delay to vehicles on Andover Boulevard
would decrease, but the delay to the vehicles on Crosstown
Boulevard would increase (compared to a two-way stop control).
The intersection will not be able to handle a surge in traffic from
school dismissal or after an event, such as a football game. The
intersection will become over-saturated with over 650 vehicles
exiting the school site.
. Traffic Signal - The intersection does not meet traffic signal
volume warrants assummg proposed intersection geometrics,
although it is border line on two warrants. When justifying a traffic
signal, non-volume warrants are also examined. The pedestrian
warrant may be met since this intersection will be the main access
to the school. Since the school is not in place, pedestrian crossing
Traffic Study A-ANDOVOOO2.00
Andover, Minnesota Page 6
data was not available. Accident data currently does not warrant a
signal, but the increase in turning movements at this intersection
(mostly students) may increase the probability of accidents.
A traffic signal at this location would help control the flow of
traffic along Crosstown Boulevard by creating a platoon of
vehicles on the downstream side of the intersection. The signal
would create gaps for the buses trying to exit the school site, or for
any vehicles exiting from the driveways on Crosstown Boulevard.
A traffic signal would be able to handle the peaking and surge of
traffic from the school dismissal or special events.
A traffic signal would also accommodate pedestrians at Andover
Boulevard and Crosstown Boulevard. Pedestrian data IS not
available, since the school is not inplace, but it is safe to assume
pedestrians wiIl use this intersection to access the school.
3.2.2 Scenario 2
Scenario 2 assumes ultimate student enroIlment, 2002 volumes on
surrounding roadways, and Phase I of the Andover Boulevard
extension. It was found that a traffic signal is warranted based on the
2002 volumes and would provide the same benefits as listed in
Scenario 1.
3.2.3 Scenario 3
Scenario 3 assumes ultimate student enroIlment, 20 IO volumes on
surrounding roadways, and Phase 2 of the Andover Boulevard
extension.
. Two-Way Stop Control - The intersection wiIl operate
satisfactorily with two-way stop control. It wiIl be difficult for
pedestrians to cross at this location if Crosstown Boulevard does
not stop.
. All-Way Stop Control - The intersection wiIl operate satisfactorily
with all-way stop control, although it may not be warranted. The
vehicles on Crosstown Boulevard may disregard the stop sign,
since the side street volumes wiIl be lower than in Scenario I and 2
due to the rerouting of traffic.
. Traffic Signal - A traffic signal is not expected to meet volume
warrants, because of the redistribution of traffic. A traffic signal
would, however, accommodate pedestrians at this location and be
able to handle the peaks and surges in traffic associated with
special events.
Traffic Study A-ANDOVOOO2.00
Andover, Minnesota Page 7
3.2.4 Scenario 3A
Assuming continued growth in the area, the volumes along Crosstown
Boulevard and Andover Boulevard will increase and a traffic signal
will be warranted by year 2020.
3.2.5 Traffic Control Recommendations
It is recommended that a traffic signal be installed at the intersection of
Crosstown Boulevard and Andover Boulevard to be operational when
the school opens. A signal would help to control the flow of traffic
along Crosstown Boulevard by creating platoons and gaps on the
downstream side of the intersection. A signal would be able to handle
the peaking and surge of traffic from school dismissal or special
events. A signal would also accommodate pedestrians crossing at this
location.
A two-way stop controlled intersection would produce a very high
delay for side street and left turning traffic. It would also be difficult
for pedestrians to cross if Crosstown Boulevard did not stop.
An all-way stop control would have trouble handling the traffic surges
associated with school dismissal or special events.
4.0 Bus Entrance
The bus drop-off area will be located separate from the student/staff
parking. The entrance to the drop-off area will be located on
Crosstown Boulevard at l48'h Avenue. Based on information supplied
by the school district, buses will access the site from the north,
requiring them to turn right into the site from southbound Crosstown
Boulevard. In order to accommodate the buses turning into the site, a
right turn lane should be constructed at this location. To avoid left
turns into the site from northbound Crosstown Boulevard, it is
understood that the southbound right turn lane will be modified to
allow inbound right turns only. If the final bus routing requires buses
to access the site from the south instead of the north, a northbound left
turn lane would be necessary.
5.0 Traffic on Surrounding Roads
Traffic volumes on roads surrounding the future high school will
increase, due to site-generated traffic (ultimate student enrollment).
Listed below are some of the roadways that will be affected and to
what degree. The volumes listed below assume that Phase 2 of the
Andover Boulevard extension is not yet completed.
. Coon Creek Boulevard - The 1998 volume on this road was 1.400
vehicles per day (vpd). It is estimated that there will be an
additional 1,000 vpd on this road.
Traffic Study A-ANDOVOOO2.00
Andover, Minnesota Page 8
.
. Round Lake Boulevard - The 1999 volume on this road south of
1571h Avenue was 11,600 vpd. It is estimated that there will be an
additional 1,000 vpd on this road.
. 161'1 Avenue - The 1999 volume on this road was 4,240 vpd. It is
estimated that there wiIl be an additional 1,600 vpd on this road.
. Hanson Boulevard - The 1999 volume on this road south of 161 sl
A venue was 8,100 vpd. It is estimated that there wiIl bean
additional 1,100 vpd on this road.
. Crosstown Boulevard - The 1999 volume on this road north of the
school site was 4,500 vpd. It is estimated that there wiIl be an
additional 1,900 vpd on this road.
. Crosstown Boulevard - The 1999 volume on this road south of the
school site was 6,200 vpd. It is estimated that there wiIl be an
additional 1,300 vpd on this road.
. Nightingale Street - The 1998 volume on this road south of 161 'I
A venue was 1,400 vpd. It is estimated that there wiIl be an
additional 800 vpd on this road.
. Andover Boulevard - The 1998 volume on this road east of
Crosstown Boulevard was 2,300 vpd. It is estimated that there wiIl
be an additional 200 vpd on this road.
The only roadway that may have capacity problems associated with
future volumes is Round Lake Boulevard. Round Lake Boulevard is
currently a two-lane undivided roadway between 140'h Lane NW to
181s1 Avenue NW. Based on the City of Andover's Comprehensive
Plan, it is anticipated that this roadway wiIl be improved to a four-lane
undivided highway by 2010. A roadway of this capacity will be able to
handle the future traffic associated with the high school. These
capacity improvements are necessary even without the forecasted high
school traffic. The segment from 140lh Lane NW to l491h Lane NW is
programmed by Anoka County to be improved in 2003.
AIl of the other roadways listed above wiIl be able to handle the
additional volumes associated with the school. Some roads may
experience an increase of 1.5 to 2 times the amount of traffic there is
today. Although this may be perceived as a very large increase, the
roadway facility is capable of handling the future volumes.
If Phase 2 of the Andover Boulevard extension were built, a majority
of the volumes would be redistributed to the new roadway via Round
Lake Boulevard.
Traffic Study A-ANDOVOOO2.00
Andover, Minnesota Page 9
.
6.0 Site Plan
The site plan has been reviewed for circulation and access. Several
comments have been incorporated in the latest plan, although a few
. .
Issues remam.
6.1 Parking
The parking lot has a capacity for 660 vehicles. This should be
adequate to serve the demand on an average school day. The athletic
stadium has a capacity for 3,400 people. If the stadium is filled to
capacity, there will not be enough parking for the spectators. If an
average of 3.5 people per vehicle were assumed, there would be a need
for 970 spaces. If an event on the ball fields or in the auditorium were
to occur at the same time, there would be additional parking needed.
The stadium will more than likely not be filled to capacity on a regular
basis, although events such as homecoming or tournaments may create
parking shortages. Overflow parking could be accommodated for on or
off site. The ring road around the parking lot may be widened to
accommodate. parked vehicles during high demand times. The
extension of Andover Boulevard may be designed with a shoulder
wide enough to allow overflow parking if needed. A grassy area could
be set aside to act as an overflow lot. A shuttle system between the
high school and other parking lots in the area (schools, churches, etc.)
could be used to transport spectators to the athletic complex.
As mentioned earlier, the demand for this amount of parking should
not occur on a regular basis, but the school should be prepared for it if
it does occur. It would be beneficial for the school to develop a Traffic
Management Plan for these occasions.
6.2 Additional Exit
The site plan shows the access to the student and staff parking lots to
be a single driveway located off of Andover Boulevard. The single
driveway should be able to accommodate the exiting vehicles on an
average day, since all the students and staff do not leave at the same
time. Some of the students will leave right after school, while others
will be involved in after school activities and will leave at a later time.
The staff will generally leave once most of the students have left the
building.
If all the vehicles were to exit the parking lot at the same time (i.e.
after a football game), there will be congestion and very high delays. It
may be beneficial to construct an additional exit for the parking lot.
This would allow twice as many vehicles to exit the lot and decrease
the wait time for people exiting the lot. This alternate exit could he
constructed between the east side of the lot and the bus access drive,
which would provide direct access to Crosstown Boulevard. This
Traffic Study A-ANDOVDDD2.00
Andover, Minnesota Page 10
.
alternate exit, which would be controlled by a gate, would only be
used when a large event would warrant two exits from the parking lot.
7.0 Summary
1. A traffic signal should be installed at the intersection of Crosstown
Boulevard and Andover Boulevard based on the school generated
traffic and pedestrian safety.
'J The proposed geometrics at the intersection of Crosstown
~.
Boulevard and Andover Boulevard (Figure 2) are adequate to
accommodate the future traffic.
3. The buses should be routed along 161 " A venue to Hanson
Boulevard to Crosstown Boulevard in order to access the site. A
southbound right turn lane should be constructed on Crosstown
Boulevard at l4Slh Avenue to accommodate the buses.
4. A parking plan should be developed to accommodate for special
events when additional parking is needed.
5. An additional exit should be constructed to allow for an alternate
exit of the parking lot during high demand times. The exit should
be controlled by a gate during normal school days and opened to
accommodate heavy exiting movements.
\\,pfi k'~ I \nll'P,h ,~'\wp\pn 1~'~b\ah\;ll\t1\I\\(M M 12\r\ll"abluJy.lhll:
Traffic Study A-ANDOVOOO2.00
Andover, Minnesota Page 11
..
.
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
Date November 9, 2000
AGENDA
SECTION ORIGINATING DEPARTMENT
Approval of Claims Finance ~
Jim Dickinson
I ITEM NO. Schedule of Bills I
REQUEST:
-
The Andover City Council is requested to approve total claims in the amount of $775,690.27
BACKGROUND:
Claims totaling $84,807.31 on disbursement edit list #1 dated 10-24-2000 have been issued and released.
Claims totaling $80,956.95 on disbursement edit list #2 dated 10-31-2000 have been issued and released.
Claims totaling $609,926.01 on disbursement edit list #3 dated 11-09-2000 will be issued and released upon
Council approval.
Date: 11-09-2000 Approved By:
,
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