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Home My WebLink AboutCC December 19, 2006 1685 CROSSTOWN BOULEVARD N.W_ . ANDOVER, MINNESOTA 55304 . (763) 755'5100 FAX (763) 755,8923 . WWW.CI.ANDOVER.MN_US Regular City Council Meeting - Tuesday, December 19, 2006 Call to Order-7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (11/28/06 Workshop; 11/28/06 Executive Session; 12/05/06 Regular) Consent Items 2. Approve Payment of Claims - Finance 3. Accept Feasibility Report/Order Public Hearingl07-2/2007 Overlays - Engineering 4. Approve Joint Powers Agreement/05-34 (Bluebird St. NW & Hanson Blvd. NW)/05-42 (Community Center Right Turn Lane) & 05-35 (Traffic Signal at 1 54th Ave. NW & Hanson Blvd. NW) - Engineering 5. Approve Joint Powers Agreement/03-31/EVP Systems (Hanson Blvd. & Bunker Lk. Blvd., Round Lk. Blvd. & Bunker Lk. Blvd., CSAH 7 & Bunker Lk. Blvd.) - Engineering 6. Approve 2007 Licenses - Clerk 7. Adopt Resolution/City of Andover 2007 Budget & Certify 2007 Property Tax Levy - Administration 8. Approve Resolution/2007 Debt Service Levy Changes - Administration 9. Approve Cost of Living Adjustment for Non-Represented Employees - Administration 10. Approve Collective Bargaining Agreement/Public Works -Administration 11. Approve 2007 Anoka County Sheriff Contract - Administration 12. Approve 2007 Contract/TimeS aver Secretarial Service - Clerk 13. Approve 2007 Tri-City GIS Contract - Engineering 14. Authorize 2007 Improvement Projects & Equipment - Finance 15. Approve Reimbursement Resolution/2007 Equipment Purchases - Administration 16. Approve Donations for 2007 Senior Class All Night Parties - Administration 17. Accept Contribution/Andover Huskies Youth Hockey - Administration 18. Adopt 2007 Fee Ordinance - Finance 19. Approve Transfer & Closing Fund - Finance 20. Approve Resolution to Adopt Anoka County Haz$"d Mitigation Plan - Fire Discussion Items 21. Receive Anoka County Sheriff's Department Monthly Report - Sherif.( 22. Consider Conditional Use Pennit/Church/475 Andover Boulevard - Planning 23. Consider Conditional Use Pennit/Outdoor Storage/13533 Jay Street - Planning 24. Consider City Code Amendment/Deleting Code Section l2-l4-6A.5 - Planning 25. Discuss 2007 CDBG Application - Planning Staff Items 26. Schedule EDA Meeting - Administration 27. ScheduleJanuary Council Workshop -Administration 28. Administrator's Report - Administration Mayor/Council Input Adjournment 1685 CROSSTOWN BOULEVARD N_W_ . ANDOVER, MINNESOTA 55304. (763) 755,5100 FAX (763) 755,8923 . WWW_CLANDOVER_MN_US TO: Mayor and City Council CC: Jim Dickinson, City Administrator FROM: Vicki V olk, City Clerk SUBJECT: Approval of Minutes DATE: December 19,2006 INTRODUCTION The following minutes were provided by TimeSaver Secretarial Service for approval by the City Council: November 28, 2006 Executive Session November 28, 2006 Workshop December 5, 2006 Regular Meeting DISCUSSION Copies of the minutes are attached for your review. ACTION REOUIRED The City Council is requested to approve the above minutes. Respectfully submitted, ./LL; IJ ~L Vicki V olk City Clerk @ ANDOVER COUNCIL CLOSED EXECUTIVE SESSION - NOVEMBER 28,2006 MINUTES The Special Council Workshop of the Andover City Council was called to order by Mayor Mike Gamache, November 28,2006,9:02 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. . Councilmembers present: Councilmember absent: Don Jacobson, Mike Knight, Ken Orttel, Julie Trude None Also present: City Administrator Jim Dickinson; Dana Peitso CITY ADMINISTRATOR REVIEW Ms. Peitso passed out the 360 reviews and 2007 step schedule. She noted the review had come back very good. Councilmember Jacobson stated his perception is that the staff is becoming more of a cheerleader for some developers and they are not just presenting the facts, but advocating some point of view. Councilmember Orttel stated if it is relevant information, he did not have any problem with it. Mayor Gamache noted staff had the original meeting with the developer and had already gone over the same questions that Council had. He believed staff was answering the questions Council had from the developer's standpoint because they had already discussed these items with the developer. City Administrator Dickinson noted now staff would go to the podium with the developer to make sure the developer understands what is going on and what Council wants. Councilmember Jacobson stated he understands this position, but he gets frustrated when staff argues against Council's decision. Councilmember Jacobson stated another issue he has is he believes staff needs to read the Ordinances closer so they could say what is and what is not allowed. Councilmember Trude recommended staff keep the ordinance book by the City Administrator and Bill Hawkins. City Administrator Dickinson acknowledged over the past few months, staffhas fallen down on some staff reports. He stated they are trying to [md a way to bring more input into the reports. Andover City Council Executive Session Meeting Minutes - November 28, 2006 Page 2 Councilmember Orttel believes there is some frustration with the public hearing process. Mayor Gamache recommended before the public hearing the developer make a presentation and then they have the public hearing and after the pubic hearing is closed, the developer gets back up for any further questions. City Administrator Dickinson responded staff would look into the public hearing process. Councilmember Jacobson noted on the 360 review the Public Works employees did not feel the City Administrator spends enough time with them. City Administrator Dickinson responded every so often he would attend their Supervisor meetings. He believes there are some staff members over there that are not happy with the direction they were getting and they want him to facilitate things more. He noted part of the problem is open communication and some people are riot nece'ssarily held to the same standard as others. He stated he tried to be fair to all of the department heads and he allowed them to operate their departments, but with the union environment there is a fear that some of the people want to circumvent the process by having him deal with an issue that needs to be dealt with through the chain of command instead. Councilmember Knight noted he has not heard about this with Andover, but one of the big complaints he has heard with other cities is that there was too much bureaucracy to get their questions answered. He asked what the front door policy is with the City. City Administrator Dickinson responded staff is instructed to be polite and helpful, and to make sure they page the appropriate person to answer the question. Councilmember Jacobson asked the City Administrator what he believes he could do better. City Administrator Dickinson responded he believes he could do more delegation. He noted at times he is often too willing to help someone solve a problem instead of letting the staff solve the problem themselves. Council,member Jacobson asked what was his plan is for improvement in the following year. City Administrator Dickinson responded he needs to facilitate more cross-training in the departments. He also needs to improve on his delegation. Mayor Gamache noted there was a comment about the Finance Director. He asked if there is an issue Council needs to know about. City Administrator Dickinson responded the Finance Manager's position had been reclassified. He noted the Finance Manager iss hard nosed and holds people to task and he believes the comment was from someone who did not like that stance. He stated he was fine with that comment and he believes things are going well. Councilmember Jacobson asked if there is anything in the Contract he had that needs changing, other than the salary level. City Administrator Dickinson responded he did not believe they needed the clause to go back to the Finance Director position, but other than that he did not believe there are any changes necessary. He is comfortable with the contract that is in place. Andover City Council Executive Session Meeting Minutes - November 28, 2006 Page 3 Councilmember Jacobson asked if the $200.00 car allowance is appropriate. City Administrator Dickinson responded he substantiated all of his mileage and he was close to the $200.00. He is comfortable with this amount and it is not an issue for him. Councilmember Trude stated he is doing a very good job and she found him very approachable. She appreciates him willing to wrapup business in the hallway. She stated that was something she wanted Council to work on also - how to present themselves better to the public. Councilmember Jacobson asked what ranking they are going to give the City Administrator. Mayor Gamache responded he exceeded expectations on most categories and exceeded in some. Ms. Peitso responded if they chose to do nothing, the City Administrator would get the cost ofliving, but if they chose to give him the step, it would increase to $111,000.00. Councilmember Trude asked the City Administrator ifhe would prefer to have a higher car allowance, or some other compensation instead of fmancial. City Administrator Dickinson responded his concern is that he did not want this position to get too far away from the next closest position. He recommended they give him the cost of living up to $108,103 and put the step 6 difference into deferred compensation. Motion by Knight, Seconded by Ortte!, to move the City Administrator to $108,103 with the step 6 difference going into deferred compensation. Motion carried unanimously. Councilmember Jacobson stated City Administrator Dickinson is doing an excellent job and his one big worry is that he would eventually go to another City. Motion by Jacobson, Seconded by Orttel, to adjourn the executive session at 9:55 p.m. Motion carried unanimously. Respectfully submitted, Kathy Altman, Recording Secretary ANDOVER CITY COUNCIL WORKSHOP -NOVEMBER 28,2006 MINUTES The Workshop of the Andover City Council was called to order by Mayor Mike Gamache, November 28,2006,6:01 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Councilmember absent: Also present: Don Jacobson, Mike Knight, Ken Ortte!, Julie Trude None City Administrator Jim Dickinson; City Engineer Dave Berkowitz; Community Development Director Will Neumeister; Natural Resources Technician Kameron Kytonen; Others DISEASED TREE ENFORCEMENT POLICY Natural Resources Technician Kytonen presented the draft policy on diseased tree removal. Councilmember Jacobson stated one of his concerns is going onto private property. Natural Resources Technician Kytonen responded he is working on this issue and has spoken with other Cities regarding their policies. The other Cities have not had any issues with going on private property to remove diseased trees. Councilmember Knight expressed concern that the cost of removing trees could exceed the value of the property. He also noted he is concerned about a person cutting the trees at the wrong time and the disease spreading to a neighboring property. A lot of the problems are that there was a lot of development over the past years and the contractors did not care when the trees were cut down. City Engineer Berkowitz noted there is also the possibility of obtaining loggers to purchase the wood so instead of paying to have the trees removed the loggers would pay the homeowner to remove the trees. Councilmember Knight noted there is nothing in the policy to cover the importation of firewood into the City. Natural Resource Technician Kytonen responded that was addressed in the City ordinances. Councilmember Knight asked what happens if a neighboring property is responsible for the spreading of the disease by improper cutting, or not taking care of the diseased trees. Natural Resource Technician Kytonen responded that was what they hoped to accomplish with this policy, but he acknowledged there is no way to prove that neighbor was responsible for the spread of the disease. Special Andover City Council Workshop Meeting Minutes - November 28, 2006 Page 2 Councilmember Knight noted at some point it is prohibitive to remove the trees due to the cost. Natural Resource Technician Kytonen indicated this policy would eliminate a lot of staff time. Mayor Gamache asked if there are any State programs available that would assistant residents. Natural Resource Technician Kytonen responded there are and the City informed the residents about the programs. Councilmember Jacobson stated they should also reference any State law in the policy. Mayor Gamache requested staff look at the Ham Lake tree preservation policy also. Councilmember Knight stated he is concerned about where to attach the blame for neighboring properties. Natural Resource Technician Kytonen responded they would not place blame; this policy is only to address removing the trees properly. Councilmember Orttel recommended they have the City Attorney review the policy also. City Engineer Berkowitz responded the City Attorney has the policy and is reviewing it. He noted staff is also working on the penalty portion of the policy. Councilmember Trude suggested they have an exception clause that if the trees do not affect other properties, then nothing needs to be done. Natural Resource Technician Kytonen responded in this instance he would work with the property owners on their alternatives. He noted however even in an isolated environment, the disease could spread. Councilmember Trude recommended removing or revising Buckthorn under the notice. She recommended they come up with language for dealing with large tracts of land also. WAYSIDE HORNS / RAILROAD QUIET ZONES UPDATE / 06-10 City Engineer Berkowitz stated staff has figured out the location and cost for the wayside horns. The total project cost for Andover Boulevard NW is estimated at $98,500.00 and the total project cost for Crosstown Boulevard NW is estimated at $81,000.00. The funding options include Municipal State Aid funds, City's Road & Bridge fund or Capital Equipment Note. The current 2007-2011 Capital Improvement Plan includes construction of the improvement in 2007. Councilmember Jacobson requested staff also look at adding the Bunker crossing. Councilmember Orttel noted they have matching funds on the Andover crossing. Councilmember Knight felt they should at least set a date for doing the Bunker crossing. Special Andover City Council Workshop Meeting Minutes - November 28, 2006 Page 3 Winslow Holasek stated he was in attendance at the wayside horn demonstration and he was not impressed. He did not believe the horn was loud enough and he recommended they spend the money on parks/trails instead. Councilmember Trude asked if the contractor is willing to negotiate on their price. City Engineer Berkowitz responded he would work further on the price with the contractor. REVIEW OF BUILDABILITY REQUIREMENTS Community Development Director Neumeister stated there continues to be a number of problems arising on properties where houses are built close to the back of the required 100- foot buildable area. Especially problematic are properties that abut wetlands or storm water ponds. There have also been some questions raised about where the required 16.5 foot buffer area around wetlands and ponds is to be measured from. Changes to three code sections are being suggested to address these problems. City Engineer Berkowitz explained the current requirements and proposed changes. Councilmember Trude asked if they could have backyards without all of it being buildable. City Engineer Berkowitz responded they could. Mayor Gamache stated if the homes are being built in a residential district, he did not have an issue with less than a 35-foot setback. Councilmember Knight noted they could also design the homes so the deck is on the side of the house. Councilmember Trude asked if they could put five feet on the front and the rest on the back. Councilmember Orttel stated he did not like this idea and his concern is if a wide rambler would be put on the lot. Councilmember Trude believes this needs to be changed. Community Development Director Neumeister stated the items to be discussed are: To identify the problems (decks!houses do not fit); Buildable Lot (116Yz feet) (removal of organic was not enough); Additional 16 Yz foot buffer for (ponds/wetlands); Where we measure from for the buffer strips (was. not giving enough room). Mayor Gamache asked ifby doing this, would it preclude some homes from being built on the lots. City Engineer Berkowitz responded it might and they might need to have some exceptions. Community Development Director Neumeister noted this would be a learning process on the builder's part. Special Andover City Council Workshop Meeting Minutes - November 28, 2006 Page 4 Councilmember Knight asked if they wanted to address backyard footage also. Councilmember Trude asked why they have different requirements for homes on a wetland/pond. Councilmember Knight stated unless they have a minimum, the additional backyard being added would be taken by the house, especially once more ramblers are built again. Councilmember Orttel believed they should have to finish the backside of the home and not have deck boards left on. Councilmember Trude asked if they should not allow sliding glass doors if there is not enough room for a deck to be built. Councilmember Jacobson stated the consensus is to allow 60 Y, feet, but if a sliding glass door or French door is built on the back side of the house, a patio or deck must also be built. MARK HEDIN FARM WINERY ISSUES Community Development Director Neumeister stated this issue had come up this week. As the Code is currently written Mr. Hedin cannot get a CUP for a Home Occupation unless he has three acres. Mr. Hedin has no basis for a variance to the Code. Mr. Hedin is also not doing "Cabinet Making, Woodworking, or Repair Services, or Similar Uses to those stated". He stated what staff believes needs to be changed is City Code Section 12-9 (Home Occupation) which would have to specifically list "farm winery" as a home occupation that is considered a service or the purpose of the home occupation section language would have to be modified to allow a home occupation that is not a service to be considered allowable, either as a permitted or conditional use. He asked if Council would consider allowing staff to write a code amendment report that would be brought forward to a Planning Commission Work Session in January that will higWight what changes would be needed in the Code to allow this to happen on the property. Then it would be brought forward to the Planning Commission for a formal public hearing and then on to the Council in February. Councilmember Orttel did not have a problem with this. He noted this is a hobby and there are more people doing home occupations that the City does not even know about. Councilmember Knight stated he did not have an issue changing this to 2.5 acres, but they would need to limit the accessory buildings. Mayor Gamache stated the change they need is from 3 acres to 2.5 acres. Community Development Director Neumeister stated they would also need to itemize the home occupations allowed. Councilmember Jacobson asked if they were doing this only to assist one resident. Community Development Director Neumeister stated if the Council did not change the Ordinance, the only other option he has is to lease some space somewhere. Special Andover City Council Workshop Meeting Minutes - November 28, 2006 Page 5 Councilmember Trude noted Mr. Hedin has won awards for his wine at the State Fair. She asked if this could possibly affect the neighborhood. She believes 1200 bottles is more than a hobby. Councilmember Jacobson stated they have to be careful and asked if they want to have all of these types of home occupations in residential neighborhoods. Councilmember Orttel asked ifbecause this was a fann winery, could the City have the right to deny it if it was a fann use because it is 2.5 acres. Mayor Gamache stated what disturbed a neighborhood more than anything was a daycare and they allow daycares as a home occupation. He did not believe this business would generate a disturbance to the neighborhood. Community Development Director Neumeister stated the Council needs to consider what happens to the property when it is sold. Councilmember Knight asked if they approved this based on a certain gallonage, how would the City monitor this. City Administrator Dickinson responded Mr. Hedin would have to file reports with the Federal and State agencies and the City would request copies of those reports. Councilmember Orttel believes they need to limit the gallonage and if Mr. Hedin started going over what was approved, he could come back to the City. Community Development Director Neumeister stated if Mr. Hedin wants to keep this as a hobby, he could go ahead and do this without having the City get involved, but he wants the City to approve his selling of wine and right now this is not allowed. Councilmember Orttel suggested they have fann as a home occupation. Community Development Director Neumeister responded staff would need to check with the City Attorney with respect to the defInition of a fann and if a fann winery fits into an agricultural use. Councilmember Trude and Councilmember Jacobson stated they are in opposition to this Ordinance change. OPEN SPACE REFERENDUM UPDATE Community Development Director Neumeister stated the voters approved the "Preservation of Water, Wildlife, and Natural Habitat Area". He anticipated the City would utilize a number of resources along the way such as the Trust for Public Land, DNR and the Anoka County Soil and Water Conservation District to prepare for the purchase or preservation process. It is also anticipated that the Council will want to start the process of interviewing individuals to serve on a City of Andover established commission to assist the Council. Special Andover City Council Workshop Meeting Minutes - November 28, 2006 Page 6 Councilmember Jacobson suggested they move this item to an early spring workshop meeting. Councilmember Trude recommended they look at Blaine. Mayor Gamache requested staff also look at Woodbury. Mayor Gamache requested staff prepare a timetable with a task list. 2007-2011 CIP UPDATE City Administrator Dickinson stated the only thing that has changed is the parks area. He indicated they have accelerated some of the parks areas. Councilmember Jacobson asked if they could free up some equipment to cover the wayside horn. City Administrator Dickinson responded that is something staff would look at. Councilmember Knight recommended restrooms be added to the park. Councilmember Trude requested staff look into a better audio in the Council Chambers. Mayor Gamache noted he did not believe it was the microphones, but rather the speakers. Councilmember Trude stated they also need new chairs in the Council Chambers. City Administrator Dickinson responded that is a done deal because they would use the existing chamber chairs in the conference room. Councilmember Knight asked if they are set on doing the pedestrian tunneL Mayor Gamache responded a lot of it depends on when they got the purchase. Councilmember Knight expressed concern about safety with a tunneL City Engineer Berkowitz noted Coon Rapids is putting one in next year and staff could look at what reports they received. Mayor Gamache stated they should move up the Hawk Ridge park improvements. He recommended they keep the parking lot rural with no amenities because it was so far north in the City and the money could be used somewhere else. 2007 BUDGET City Administrator Dickinson noted not much has changed with the proposed 2007 budget. OTHER BUSINESS ITEMS A. Stenquist Addition Special Andover City Council Workshop Meeting Minutes - November 28, 2006 Page 7 City Engineer Berkowitz stated they are working with someone in the Stenquist Addition. He stated there was a drainage problem on 1 60th Lane which was supposed to be fixed, but wasn't. He noted now an individual wants to do a lot split and staffis working with them on acquiring pond easement and a cul-de-sac turnaround. He indicated this individual wants to go through the lot split process to eventually build a home. The City would build a cul-de-sac and the pond and this individual does not want any future assessments because his home would not front any improvement. Councihnember Orttel stated he did not believe they would assess him anyway because his portion of the road would be the cul-de-sac. City Engineer Berkowitz stated this individual noted the City would get land in exchange and the drainage problem would get fixed. Motion by Knight, Seconded by Orttel, to adjourn to executive session for the City Administrator Review. Motion carried unanimously. The meeting adjourned at 8:55 p.m. Respectfully submitted, Kathy Altman, Recording Secretary Regular Andover City Council Meeting Minutes - December 5, 2006 Page 15 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES -DECEMBER 5, 2006 TABLE OF CONTENTS PLEDGE OF ALLEGIENCE..................................................................................................... 1 RESIDENT FORUM ...;............................................................................................................. 1 AGENDA APPROV AL............................................................................................................. 1 APPROVAL OF MIN1JTES...................................................................................................... 1 CONSENT ITEMS Approve Payment of Claims ................................................................................................ 2 Accept Quite Claim Deed/Lt 1, Blk 1, Sophie's South/Drainage-Utility & Utility Easement ......................................................................................................................... 2 Resolution R140-06 accepting Feasibility Report!Waive Public Hearing/Order Plans & Specifications/05-43/Hanson Boulevard NW Frontage Road ........................................ 2 Approve Change Order #12/Community Center ................................................................. 2 Consider Approval/Raffle Permit/Hunt of a Lifetime, Inc. ................................................. 2 Approve City Administrator Review ................................................................................... 2 PUBLIC HEARING - TRUTH IN TAXATION Motion to open public hearing ..............................................................................................2 Motion to close public hearing ............................................................................................. 3 PUBLIC HEARING - CAPITAL IMPROVEMENT PLAN Motion to open public hearing.............................................................................................. 3 Motion to close public hearing ............................................................................................. 5 Motion to approve (RES. RI41-06)...................................................................................... 5 CONSIDER V ARIANCE/DRIVEW A Y SETBACK/13421 ROUND LAKE BOULEVARD NW (CONT) Motion to deny (RES. RI42-06) ........................................................................................... 5 PUBLIC HEARING - ADOPT ASSESSMENT ROLL ABATEMENT COSTS/17700 TULIP STREET NW & 1049 ANDOVER BOULEVARD NW Motion to open public hearing .............................................................................................. 7 Motion to close public hearing ............................;................................................................ 7 Motion to approve (RES. RI43-06).......................................................................................7 CONSIDER SKETCH PLAN/OFFICE DEVELOPMENT/SW CORNER ROUND LAKE BOULEVARD & 157TH AVENUE SW ............................................................................... 7 AUTHORIZE EXECUTION & DELIVERY OF LEASE AGREEMENT (ANDOVER COMMUNITY CENTER REFINANCING) Motion to approve (RES. RI44-06)......................................................................................10 SPEED LIMITS IN RURAL AREAS/APPROVE RESOLUTION TO SUPPORT A CHANGE IN LEGISLATION Motion to approve (RES. RI45-06)...................................................................................... 10 CONSIDER GUIDELINES FOR FIELD USAGE BY YOUTH ATHLETIC ASSOCIATIONS Motion to approve.... .......................... ............ .......................................... ............................. 10 UPDATE ON CELL PHONE TOWERS IN PUBLIC PARKS ................................................12 Regular Andover City Council Meeting Minutes - December 5, 2006 Page 16 Regular Andover City Council Meeting Minutes - December 5, 2006 Table of Contents Page ii SCHEDULE PARK & RECREATION, PLANNING AND COMMUNITY CENTER COMMISSION INTERVIEWS ............................................................................................ 13 ADMINISTRATOR REPORT....... ........................................................ ............. ...................... 13 MAYOR/COUNCIL INPUT Community Center Scheduling ...................... ............ ...... ........................ ............................. 13 Long Term Lease of the Field House.................................................................................... 13 Council Chamber Sound System .......................................................................................... 14 Rural Area Notification Review ........................................................................................... 14 Holiday Wishes .................. ........................... .................. .............................. ............ ............ 14 ADJOURNMENT....................................................................................................................... 14 REGULAR ANDOVER CITY COUNCIL MEETING - DECEMBER 5, 2006 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, December 5, 2006, 7:01p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. CounciImembers present: CounciImember absent: Also present: Don Jacobson, Mike Knight, Ken Orttel, Julie Trude None City Attorney, William Hawkins City Engineer, Dave Berkowitz City Administrator, Jim Dickinson Community Development Director, Will Neumeister Others PLEDGE OF ALLEGIANCE RESIDENT FORUM No one wished to address the Council. AGENDA APPROVAL Remove from the Agenda Item 18, (Schedule EDA Meeting). Remove from Consent Items for discussion Items 5, (Speed Limits in Rural Areas/Approve Resolution to Support a Change in Legislation). Motion by Jacobson, Seconded by Knight, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OF MINUTES November 21,2006, Regular Meeting: Correct as written. Motion by Knight, Seconded by Jacobson, approval of Minutes as indicated above. Motion carried unanimously. Regular Andover City Council Meeting Minutes - December 5, 2006 Page 2 CONSENT ITEMS Item 2 Item 3 Approval of Claims Accept Quit Claim Deed/Lt 1, Blk 1, Sophie's South/Drainage-Utility & Utility Easement Accept Feasibility Report/Waive Public Hearing/Order Plans & Specifications/05- 43/Hanson Boulevard NW Frontage Road (See Resolution RI40-06) Approve Change Order #12/Community Center Consider Approva1/Raff1e PermitJHunt of a Lifetime, Inc. Approve City Administrator Review Item 4 Item 6 Item 7 Item 8 . Motion by Trude, Seconded by Jacobson, approval of the Consent Agenda as read. Motion carried unanimously. PUBLIC HEARING - TRUTH IN TAXATION City Administrator Dickinson stated this year the Andover City Council is required to hold Truth in Taxation meetings. These meetings give the public the opportunity to comment on the proposed 2007 budget and tax levy. Mr. Dickinson reviewed the information with the CounciL Motion by Jacobson, Seconded by Orttel, to open the public hearing at 7:15 p.m. Motion carried unanimously. Mr. Winslow Holasek, 1059 Andover Boulevard, stated he is responding to this item because he does not know if people realize it but basically the tax rate capacity is twenty-five percent. If they took the City portion of the tax, the tax capacity rates are on a half million dollar home. The rate you use for residential up to the first $500,000 is one percent, which would amount t() $5,000. If you take thirty percent of 5,000 they have $1,500, which is what Andover taxes would be. Mr. Holasek stated for the same home in Andover as they would have in Ramsey, it would cost the people $2,000 in Ramseyfor-a $500,000 house compared to $1,500 in Andover for the same house. He thinks Andover has a reasonable tax rate and he did not think they would want to be the lowest because they would need to cut some services. The City stuck a real good balance between services and taxes. He congratulated the City Council and staff because he thought they did a really good job managing the funds in the City. Mr. Dickinson submitted into the record a letter from Ms. Darlene Hermie. He stated her concern is for seniors within the community because of the property tax increase. Councilmember Orttel asked if someone could contact Ms. Hermie regarding this because he was surprised the tax went up forty-seven percent. He wondered if this was because of a fire she had and rebuilt. Mr. Dickinson stated on the home it is primarily related to when the home had the fire. The Regular Andover City Council Meeting Minutes - December 5, 2006 Page 3 property value went down so there was a correction. As it comes back the property value increases and that is the primary reason for the increase. Motion by Knight, Seconded by Jacobson, to close the public hearing at 7:21 p.m. Motion carried unanimously. Mayor Gamache stated another concern he thought Ms. Hermie has, is the fact they are all reading that the State now has a 2.2 billion dollar surplus. The City is in the process of setting their budget for 2007 and they do not know what the State is going to do in the next session. They do not know what is going to happen but it will not affect them immediately as they set their budget for 2007 because they have to have it ready as of December 31,2006. Mr. Dickinson noted there is no need for a continuation meeting because there are no other questions. PUBLIC HEARING - CAPITAL IMPROVEMENT PLAN City Administrator Dickinson explained the City Council is requested to hold a Public Hearing to give the public the opportunity to comment on the proposed 2007-2011 Capital Improvement Plan (CIP). Councilmember Orttel stated in the past they discussed showing the net cost of all of these items instead of the retail price but it looks like they are still showing the retail price. Mr. Dickinson stated the net price is reflected in the fund budgets but on the individual sheets they will be listed as gross because what they do with the resale value is put them into a fund and use that as an available revenue source to be able to reduce a bond to pay for the equipment. Motion by Jacobson, Seconded by Knight, to open the public hearing at 7:27 p.m. Motion carried unanimously. Mr. Joe Dietz, 1318 140th Avenue NW, President of Andover Baseball Association, showed a model of the building they have proposed to build. He stated when they met with the Park Commission in October there was discussion on where the money for the project will be used and he was asking the Council allow more of the money to go toward the building instead of the lights. He stated they have donated $70,000 toward the complex and it is his understanding through the Park Commission that it will be used for the building. They have finalized their 2006 gambling proceeds as of October when their lease ended at Tanners. They have a couple of gambling requests they will be considering next Monday at their December Board Meeting and once those requests have been accepted or denied, they will know exactly if there will be a contribution made for 2006. Their guess right now is somewhere between an additional twenty to thirty thousand dollars will be donated to the City for that project. They would like to see that more of the CIP as far as the $385,000 that has been projected to be used for the Andover Station North project be put toward the building instead of the lights. Regular Andover City Council Meeting Minutes - December 5, 2006 Page 4 Councilmember Jacobson stated they discussed this at the last worksession and depending on how the bids come in, they would look at putting some of that money toward the building and to at least get a functional outside building with maybe restrooms inside. He stated they are not going to increase the funds there but there is some room in the budget to allocate the money to other areas. Councilmember Trude stated they decided they need to get the playground equipment done because of all the families that will be moving into the townhomes and a large part of the money came from the development. She thought staff understood the Council direction was a place like this really needed public bathrooms and they knew the efforts the Baseball Association made towards this project and appreciated his personal endeavors. She thought staff understood that the direction from the Council was that they wanted to work with the association as close as they can to facilitate getting as much done on the building and fmding a more economical way perhaps to do lighting. The lighting is the place where they see the fudge factor. Mr. Dietz stated they have also put together a marketing committee that is looking at going out to some of the local businesses and private companies to look at getting donations for the lighting and they will work with both the Park Commission and Council on any potential opportunities that may come about with that. They are working strongly on that issue as well. Councilmember Knight stated they talked a lot about the bathrooms because they do not want to have port-a-potties with all ofthe tournaments they are going to have. Mr. Dietz noted their general contractor has estimated the costs to be about $500,000 for the building if they were to pay one hundred percent of the costs and labor. He noted their organization is looking at working with some of the local businesses and members they have in their organization that either have building backgrounds, contacts in the building area that maybe they can get some of the labor or costs donated at a reduced fee. Mayor Gamache stated when they are looking at the lights, they want to make sure the entire conduit is put in for both fields but they do not have to put up the lights at that time. Mr. Dietz presented a plaque from the Minnesota Twins to hang in the building when it is finished. Mr. Dietz stated at the last board meeting they had a question about looking for naming rights. He wondered if someone would make a donation could they put their name on the field. He thought this was something the Council was in favor of exploring and he wanted to make sure they were still ok with that because part of the marketing team would be looking at that as another avenue to try to raise some additional funds. Councilmember Knight stated some ball fields sell the light fixture and they put the name on the structure itself and they may be able to pick up a few that way. Councilmember Jacobson thought they just passed a way to name parks and streets several months ago so the association may want to look at that policy. Mayor Gamache stated they also have something they set up for the Community Center and he was not sure how much that would differ. Regular Andover City Council Meeting Minutes - December 5, 2006 Page 5 Councilmember Trude stated she would not want to limit this. In this particular case it is not neighboring any homes. She did not have objections but there are concerns about the type of name. . Councilmember Orttel stated it would also depend on the amount of the contribution given. Motion by Jacobson, Seconded by Knight, to close the public hearing at 7:40 p.m. Motion carried unanimously. Motion by Jacobson, Seconded by Trude, to approve the attached resolution adopting the 2007-2011 CIP. (RES RI41-06) Councilmember Trude asked if they could discuss the railroad quiet zones before moving on with the meeting. Mr. Berkowitz stated they have been working on a railroad quiet zone similar to what Coon Rapids has implemented. He identified the four crossings that will meet the criteria for the quiet zone crossings. . They found that the Bunker Lake Boulevard and 161 sl crossing is a feasible alternative to create a quiet zone. This would mean the train engineer would not blow the horn and a median to control the traffic from going around the gates would be installed. At the other locations, Andover Boulevard and Crosstown, it became evident through the research that it was not a real feasible option to do that type of quiet zone because the cross arms of the gates are too close to the road. In these locations, they would have to pay the full costs of moving the gates and relocating them. The costs were in the $400,000 range so the City Council decided to look at other alternatives. One of the main alternatives is called a way side horn. The horn would be placed right at the roadway so that when the train comes through it activates the horn and blows it down the corridor, which prevents noise pollution. Mr. Berkowitz stated the way they are moving forward for 2007 is to install a way side horn at Andover Boulevard and Crosstown and then implement a full quiet zone down at Bunker Lake Boulevard. All those improvements are proposed in the CIP to be done in 2007. Mayor Gamache indicated the one they are planning on doing on Bunker Lake Boulevard Will be like the one on Hanson in Coon Rapids. Mr. Berkowitz indicated that was correct. Mr. Berkowitz explained how the way side horn will work. Motion carried unanimously. CONSIDER VARIANCEIDRIVEWAY SETBACK/13421 ROUND LAKE BOULEVARD NW (CONT) Community Development Director Neumeister stated this item was previously reviewed at the November 8th Council meeting. At that time, the Council approved amotion to table this item until a neighborhood meeting was held. Mr. Neumeister: stated the last concern was that the County removed access from Round Lake Regular Andover City Council Meeting Minutes - December 5, 2006 Page 6 Boulevard when the road was reconstructed. The last point he wanted to highlight because there was a supplemental given to them that included information from Mr. Mike Kelly, Chief Right-of- W ay Agent for Anoka County, and that information states that back at the time the property acquired for access to Round Lake Boulevard, that the City of Andover wanted to have this lot combined with parcel 12 to provide a better lot for parcel 12. That was the direction the Council asked the County to pursue. Councilmember Trude stated when she looked at this it was very clear to her that ACCAP was involved in what was happening at the time of the road expansion so she could not see how that could be a condition, a hardship if they knew exactly the history of this property and that it was being purchased so the house could be removed and that the City wanted it combined to create a bigger backyard for the duplex to the south so she did not think they cannot see granting a hardship. Mr. Neumeister stated it was clear that the County did acquire the access at the time so the two parcels that are shown as subject, their access was purchased by the County to Round Lake Boulevard at that time. Councilmember Trude stated the note from the County said the structure cannot stay and that ACAP was going to relocate the structure to another site and Andover would like to have this lot combined with Parcel 12 to provide a better lot for Parcel 12 and then immediately before that the County disposed of the other lot which could have provided access without diminishing someone' s yard. Mr. Neumeister indicated that was correct. Councilmember Trude thought the problem was created back then with full disclosure to everybody involved so she could not see how they could grant a hardship when the parties were fully informed about what was happening, money changed hands to Cover the loss. Councilmember Jacobson stated he read the comments from the people in the area at the public meeting and while he did not agree with all of their concerns, he agreed with enough of them and he thought to allow the variance would create a situation that is not really in character of the neighborhood as it is right now. Motion by Jacobson, Seconded by Knight, to deny the variance in reference to the Anoka County Highway Department 02-609-10, Proposed Property Disposition Plan Round Lake Boulevard. Mayor Gamache asked if there is anything they need to add in the motion such as the letter submitted. Councilmember Trude thought this was included in item 2 of the resolution. Mayor Gamache asked if there was any reason why they would put this in their record as a reference. City Attorney Hawkins thought they could make reference under number two as what is identified as "Proposed Property Disposition Plan" as a part of the record. Councilmember Orttel stated it was his understanding that in 1992 this was purchased and two sewer stubs were there. He wondered if they assessed the property and if they did he thought they would need to give that back because it would be unbuildable property. Mr. Berkowitz stated what he found through the building permit was that there was a demolition permit pulled for one structure in 1993 and then there was a sewer disconnect in each file. He was not sure if this has separate sewer services but he would check on that. Regular Andover City Council Meeting Minutes - December 5, 2006 Page 7 Councilmember Trude thought the best use for the property would be to combine it. Motion carried unanimously. (RES. R142-06) PUBLIC HEARING - ADOPT ASSESSMENT ROLL ABATEMENT COSTS/17700 TULIP STREET NW & 1049 ANDOVER BOULEVARD NW Community Development Director Neumeister stated at the November 8, 2006 meeting, the Council approved the attached resolution calling for a public hearing on assessing abatement costs on the above properties. Councilmember Jacobson asked if they have done everything they have to do regarding this and they are clear to assess. City Attorney Hawkins stated they are and the Court has approved the costs they have incurred in this process and they have a judgment from the court authorizing them to go ahead with this process. Motion by Orttel, Seconded by Jacobson, to open the public hearing at 8:03 p.m. Motion carried unanimously. No one wished to address the Council. Motion by Jacobson, Seconded by Trude, to close the public hearing at 8:03 p.m. Motion carried unanimously. Motion by Orttel, Seconded by Jacobson, to approve the attached resolution pursuant to State Statute on the assessment of abatement costs to properties located at 17700 Tulip Street NW and 1049 Andover Boulevard NW. Motion carried unanimously. (RES. R143-06) CONSIDER SKETCH PLAN/OFFICE DEVELOPMENT/SW CORNER ROUND LAKE BOULEVARD & 157TH A VENUE NW Community Development Director Neumeister explained the applicant is seeking direction from the Council on their idea to construct a rural office development. Councilmember Orttel asked if this is where the loading dock is located. Mr. Neumeister thought that was correct. Councilmember Trude wondered about the parcels around it and what was surrounding this. She wondered if one of the parcels is landlocked, especially if this is built upon. The property owner reviewed what was located around this property. Regular Andover City Council Meeting Minutes - December 5, 2006 Page 8 Mayor Gamache stated it seemed to hlln that having a rural area with office space they would have to have some type of sewage design made up for these buildings. Councilmember Knight did not think it would be any different than the school in the area because they have septic also. The Council discussed access in the area and surrounding properties. Councilmember Trude stated the only thing she could see fitting into a rural site would be a corporate campus or headquarters where it is seventy-five percent wooded with grass and overlooking a pond and the site would be an amenity to whoever is building instead of the trees being in the way. The only thing she could see as far as commercial would be something that would work with nature instead of getting rid of it. Councilmember Jacobson stated in watclllng the Planning Commission meeting, the applicant did indicate they wanted to save as many trees as they could. The back part of the lot does not have a lot of trees but the plot plan shows everything up in front where all the trees are and they will eliminate basically every tree there to do what they need to do. He has a concern with this. He thought the lot was larger than it is; he thought it was six acres and not three acres. The County will require some turn lanes on 157th to get into the development and that is not cheap. Ms. Sue Wagenstein, 5045 229th Avenue NW, St. Francis, stated she and her partner, Steve Haag, own a real estate development company in the Minneapolis area. Ms. Wagenstein made a presentation to the Council. Councilmember Knight asked what type of clients they are looking for. Ms. Wagenstein indicated they would look for professional services and it would be broken down into two or three offices per building depending on the size. Councilmember Jacobson stated he was looking at the dimensions on 157th which indicates about 440 feet on the length and he thought the County had a five hundred foot rule. Mr. Berkowitz stated once 1 57th is reconstructed, there would be a median throughout that location which would limit that access to a right-in, right-out. They may want to up front limit that to right-in, right-out. Councilmember Jacobson did not think the parcel was large enough to do what they want to do on it. He would also want to have a neighborhood meeting to see what the residents thought about havmg a commercial business come into the area. Councilmember Knight thought they are looking at a horrendous expense for water and other improvements. Mr. Steve Haag, 4765 Chandler Road, Shoreview, MN, reviewed fire suppression systems they have already discussed and reviewed. He stated they could provide a reservoir under the building or a centralized tank with a pressured system throughout the area. What they try to do in laying out the site is place the parking lot where the trees are not and then because this is a sketch plan, they have Regular Andover City Council Meeting Minutes - December 5, 2006 Page 9 the opportunity to move the buildings around and relocate them because the reason they selected this comer is because it is beautiful. They want this to be a collaborate effort; working together to do something significant at this comer that without a doubt is very difficult to develop. They have talked to the County and are aware of their requirements. They have talked to the neighbors and he thought working together as a group and as a community and as they become part of the committee he thought they could do something that is well thought out and planned and can serve all of them for quite a long time. Councilmember Knight asked if the Rural Reserve develops and sewer comes in would they want to stay with the system they have or would they move to the sewer. Mr. Haag stated they located the sanitary treatment center to the front anticipating that if they did extend those services across County Road 9 to the west, they would be able to tap into them and if they made the services available, they would want to take advantage of them. Staff discussed future sewer expansion to the area with the Council. Councilmember Trude stated as she looked at this area, what concerns her most is that they cannot just take this one parcel and ignore the parcels surrounding it. It would be really important to her that if they look at any type of rezoning she would want to look at the general region and see how it fits and how they can buffer the neighborhood and save trees. She thought this is very dense for this region. She would not consider four buildings at this time. Maybe they would allow one building until sewer came to the area then they may consider more buildings. Mayor Gamache thought one of the things they have to look at is that this comer is going to be a very likely commercial comer. Depending on when the rural reserve moves through, it will probably change that comer into a commercial property. He did not know if they were at the right point of time for this development. The buildings look very attractive and there are a number of trees in the area that will block the buildings to the residential properties to the south. They will have major issues with the County on 157th and they better be prepared to have enough money to go with a median and left turn lane. Otherwise they will only be able to do right-in, right-out. Councilmember Orttel thought the driveway should be on the property line so the property to the west will have access because the County will not allow each property to have separate accesses. One thing he likes about this is contrary to most of their busy intersections in their City, this would stop this comer from having a fast food or convenience store on the comer and this would be a forever rural type or quiet use area. Councilmember Jacobson stated he is not against what they were trying to do. The details are what will make or break this and he is concerned about the size of the lot and trying to get four buildings on it, the loss of the trees, the driveway spacing, turn lanes and the extra right-of-way the County is going to require along 157th. He thought they really needed to look carefully at that. AUTHORIZE EXECUTION & DELIVERY OF LEASE AGREEMENT (ANDOVER Regular Andover City Council Meeting Minutes - December 5, 2006 Page 10 COMMUNITY CENTER REFINANCING) City Administrator Dickinson stated activity in the current bond market is indicating that there is an opportunity for the EDA to save some significant long term debt service expense by refinancing the EDA's $19,640,000 Public Facility Lease Revenue Bonds, Series 2004. Motion by Jacobson, Seconded by Knight, to approve the attached resolution relating to $6,875,000 Public Facility Lease Revenue Refimding Bonds, Series 2007 (City of Andover Community Center) and authorizing the execution and delivery of a lease agreement, memorandum of lease and continuing disclosure undertaking. Motion carried unanimously. (RES. R144-06) SPEED LIMITS IN RURALAREASIAPPROVERESOLUTIONTOSUPPORT A CHANGEIN LEGISLATION City Engineer Berkowitz stated this item is in regard to approving a resolution to support a change in legislation regarding the speed limits in rural areas. Motion by Gamache, Seconded by Knight, to approve the resolution to support a change in legislation to reduce the current speed limit in rural areas from 55 MPH to 30 MPH. Motion carried unanimously. (RES. R145-06) CONSIDER GUIDELINES FOR FIELD USAGE BY YOUTH ATHLETIC ASSOCIATIONS City Engineer Berkowitz stated this item is in regard to considering the proposed Guidelines for Field Usage by Youth Athletic Associations as recommended by the Park & Recreation Commission. Mr. Dan Masloski, Andover Park and Recreation Chair, discussed the guidelines with the City Council. He noted they are not trying to limit any Andover residents. They are trying to provide space for their residents. They are also trying to protect the City on some things as far as being additionally insured and making sure their Associations are strong, viable for their community members. Councilmember Trude asked the City Attorney whether the City can create barriers to the use of public facilities and her concern is with section 2.3. She would want to delete this section. She wondered if they could limit organized or unorganized groups that contain resident access or give them lower priority access to facilities because they have not set up a Corporate status as Non-Profit. City Attorney Hawkins indicated the purpose is to make sure the organizations that are going to receive the guidelines are not temporary organizations and have spent some time and want to be permanent organizations in the community and want to obtain the non-profit status because they will be raising funds. If that is the reason, he thought that is probably legitimate. He did not want to exclude residents but that would indicate to him that if they do attain the 503(C) status under the Internal Revenue Code or they do incorporate under the Non-Profit Act of Minnesota that they are Regular Andover City Council Meeting Minutes - December 5, 2006 Page 11 intending to be here permanently. Councilmember Knight asked if this would force an organization to incorporate whether they wanted to or not. City Attorney Hawkins stated it would not. The way he read it, it talks about guidelines and priorities and those organizations that have taken that step and made them more permanent organizations because of the requirements they have fulfilled are the ones that the policy would give priority to. Councilmember Knight thought the organization would have to be a 503(C). City Attorney Hawkins was not sure about that. The Council discussed what constituted an organization. Councilmember Jacobson asked how bad the situation is on the request for field usage versus the amount of fields they have to offer. Mr. Masloski stated there this is their first situation and it is not a major situation because they had one organization that gave up one of their nights and let another organization use them. Mr. Masloski discussed with the Council different ways the fields can be allocated and how they are going to allocate them to the different organizations in Andover. Mr. Terry Pierce, 3281162nd Lane, stated his son plays for Andover Twin City Blaze. They started in 2005. He stated in 2005 they had no other alternative than to play for themselves. In 2006 they asked for fields. They were allocated fields but the association allocated the fields for them, which he believes, is wrong. He is asking the Council to take a look and fmd out why the kids are leaving the association. He thought the Park and Recreation Department was for the Community Youth and not to dictate what kids can and can't do and that is what he sees. He would like to leave it open that is a concern the way they were treated by this association. He will not let an association dictate where they can or cannot play. He thought this was wrong. Councilmember Trude asked if Mr. Pierce was told his kids could not play with the other association at this point. Mr. Pierce stated they have been told, not that they can't, but there were stipulations. One stipulation for their kids to voice their opinion was to write an apology letter, the kids themselves and the parents to the board for what they believe in and he will not do that and did not believe that was right. Mr. Pierce stated there are good reasons people break offfrom associations and they have that right. He did not want to see associations dictate fields to the taxpayers that helped pay for the fields. He stated it is two seasons later and the kids are still being picked on. He asked for all of the Council to look at March 16, 2006 minutes where the association president stated to the Park Commission that he would recommend not to see the Blaze kids ever step on a field at Andover Station North. He thought this was wrong. He wanted to make it known that his kid still needs to play baseball and have options. Councilmember Jacobson stated looking at the guidelines as presented, the determination on who plays where and on what field is up to the Park Commission. He wondered if Mr. Pierce had any Regular Andover City Council Meeting Minutes - December 5, 2006 Page 12 problems with the guidelines. . Mr. Pierce stated they will not get the 503(C) unless they are recognized by the Federal Government fIrst so they would need to be a corporation and all the kids want to do is play ball; he does not want to be a corporation. Councilmember Trude thought it would also be an equivalent to a non-profIt organization too. Mr. Pierce believed it was wrong to be allocated fIelds last year by the association. Mr. Brent Wilkie, 16933 Tulip Street, President of the Andover LaCrosse Association, stated he agreed with most of the things in the guidelines but his only problem is with the docwnents on the fIfty-one percent with trying to enforce that and make that calculation work. He thought they were trying to work through that calculation with the Board but no one has sat down with him to show him how the calculations would work. They help out with other communities because they are the only LaCrosse Association in the area so he did not know how they would reach the fIfty-one percent. Mr. Masloski stated Andover Blaze Baseball was invited to the meetings and they had great input in the guidelines. Councilmember Jacobson asked how the grievance process worked in the guidelines. Mr. Masloski explained how the process would work. Motion by Orttel, Seconded by Jacobson, to approve the Guidelines for Field Usage by Youth AtWetic Associations as amended and to come back within one year to discuss how it is working out. Motion carried 4 ayes, I nay (Trude). The City Council recessed at 9:40 p.m. The City Council reconvened at 9:45 p.m. UPDATE ON CELL PHONE TOWERS IN PUBLIC PARKS City Engineer Berkowitz updated the City Council on cell phone towers in public parks. The staff discussed with the Council obstacles they have with allowing cell phone towers in public parks if it is part of a subdivision. No towers would be allowed in the MUSA area in parks. A park has to have ten acres to allow a cell tower there. After discussion, it was determined that based on the current code cell phone towers could not be placed in public parks in Andover. Council directed staff to look at updating the code to help provide towers in reasonable locations with the city. SCHEDULE PARK & RECREATION, PLANNING AND COMMUNITY CENTER Regular Andover City Council Meeting Minutes - December 5, 2006 Page 13 COMMISSION INTERVIEWS The Council is asked to schedule a night to interview residents who have indicated they are willing to serve on the Park and Recreation Commission, Community Center Advisory Commission or Planning Commission. wee vacancies exist on the Park and Recreation Commission, two vacancies exist on the Planning Commission and one will exist for the Community Center Advisory Commission. A December 8th deadline for applications was advertised in the November/December City newsletter. Councilmember Trude suggested they contact the people from last year and see who wants to be considered. Mr. Neumeister indicated he could get the Council the list. Councilmember Trude wondered if they need a business representative at the Community Center. Mr. Dickinson stated they do. Councilmember Trude thought they should have staff contact some of the business people in the community that may be appropriate and put them on a list for consideration. The Council thought they should extend the deadline to allow more applications to be submitted. Motion by Jacobson, Seconded by Knight, to schedule interviews on Thursday, January 11, 2007. Motion carried unanimously. ADMINISTRATOR REPORT City Administrator Dickinson updated the Council on Administration and City department activities, meeting reminders and miscellaneous projects. MAYOR/COUNCIL INPUT (Community Center Scheduling) - Councilmember Trude asked at the Community Center, what the schedule is for after school. Mr. Dickinson stated they are working on scheduling alternate days at this time. Councilmember Trude thought alternate days made sense because kids like to know what their schedule will be each week. (Long Term Lease of the Field House) - Mayor Gamache stated he was approached by the Andover Athletic Association regarding their basketball program and they wanted to know if the City would be interested in a long term arrangement for renting out the field house. They realize it haS been booked up this year. They are willing to pay and guarantee a certain amount of gym space they would rent on a yearly basis for up to five years. He asked how this would work. Mr. Dickinson explained how they would go about renting out space. (Council Chamber Sound System) - Councilmember Jacobson asked staff to have QCTV come in to Regular Andover City Council Meeting Minutes - December 5, 2006 Page 14 look at their sound system to improve the acoustics and improve the system. (Rural Area Notification Review) - Councilmember Jacobson stated another issue that came up while watching the Planning and Zoning Commission meeting was the notification process they have and to have it reviewed for the rural areas. (Holiday Wishes) - Councilmember Jacobson wished everyone a Merry Christmas. Motion by Knight, Seconded by Trude, to adjourn. Motion carried unanimously. The meeting adjourned at 10:15 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary CITY OF NDOVE @ 1685 CROSSTOWN BOULEVARD N_W_ . ANDOVER, MINNESOTA 55304. (763) 755,5100 FAX (763) 755-8923 . WWW_CLANDOVER.MN_US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator / Finance Director FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Payment of Claims DATE: December 19, 2006 INTRODUCTION Attached are disbursement edit lists for claims related to the on going business of the City of Andover. 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'" o o N 0; - - N '" '" t-t- C\C\ 00 '" '" r-: r---"' ~ "" oCZ " " - c g:a .-= t;i ~;: ~ " e OJ) 0"'0":": ucz-s g-a~ ~~~ "g;] :>::uu 6 "" '" 0", ~"" i::"E: o " "" E ~ ~ >Q.. - '" 00 N '" '" 00' o '" ;,; ... o .. " ".c: =u ~..... ... 0 0... " " .c:..o UE '-0 <.8Z cad ~i2 ~ "" ~ -< '" 0; '" o o ~ '" - N ~ '" :.:l ..... c o \-0 Q.. ... o " .c: U ... -1:l o Q, E c U Q.. -< @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755,8923 . WWW_CI.ANDOVER.MN.US TO: CC: FROM: ~UBJECT: Mayor and Council Members ~~ Jim Dickinson, City Administrator~ David D. Berkowitz, City Engineer Accept Feasibility Report/Order Public Hearing/07-2/2007 Overlays - Engineering DATE: December 19, 2006 INTRODUCTION The City Council is requested to accept the feasibility report and order the public hearing for street improvements for Project 07-2,2007 Overlays. DISCUSSION Identified in the City's 2007-2011 Capital Improvement Plan are three development areas (Woodland Ridge, Indian Meadows 3rd Addition & Kelsey Estates) that the roads are scheduled for reconstruction. The development areas are identified in the feasibility report that is attached for your review. The three developments have existing bituminous curb that will be replaced with concrete curb and gutter. The properties that benefit from the improvements will be assessed 25% of the total project cost as identified by the City's Roadway Reconstruction Assessment Policy. The assessments are identified in the feasibility report and listed on page 2 of this report. When reconstructing streets, the City's policy is to replace existing bituminous curb with concrete curb and gutter, reclaim the existing bituminous surface, construct storm sewer improvements and pave a new bituminous surface. This has been a very effective reconstruction method since the City began the process in 1996. Staff held a neighborhood meeting on November 21, 2006 to discuss the project and receive feedback from the residents that would be impacted by construction and assessed for a portion of the improvement. Preliminary feasibility information along with estimated assessment costs were presented to the residents at the meeting. The resident sign up sheet and comments are attached for your reVIew. The total project cost is estimated at $1,084,456.76. The City's portion is estimated at $813,342.56 and the assessed cost would be $271,114.20. i Mayor and Council Members December 19, 2006 Page 2 012 The estimated assessment per unit per development is as follows: . Woodland Ridge: . Indian Meadows 3rd Addition: . Kelsey Estates: $4,913.26/unit $5,213.70/unit $5,366.98/unit BUDGET IMPACT The street reconstruction project would be funded from the City's Road & Bridge Fund and 25% of the total project cost would be assessed to the benefiting properties. ACTION REQUIRED The City Council is requested to approve the resolution accepting the feasibility report and ordering public hearing on Project 07-2, 2007 Overlays (Indian Meadows 3rd Addition, Kelsey Estates and the Woodland Ridge developments). Respectfully submitted, David D. Berkowitz CJ~CJ. Attachments: Resolutior('Feasibility ,Jeport (located in side pocket of paCket): Neighborhood Meeting Sign Up Sheet & Resident Comments./' CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON IMPROVEMENTS OF 2007 OVERLAYS, PROJECT NO. 07-2 IN THE AREA OF INDIAN MEADOWS 3KU ADDITION. KELSEY ESTATES & WOODLAND RIDGE. WHEREAS, pursuant to Resolution No. 027-06, adopted the 8th day of November ,2006 a Feasibility Report has been prepared by the City Enqineer for the improvements: and WHEREAS. such report was received by the City Council on the 19th day of December , 2006; and WHEREAS, such report declared the proposed assessment to be feasible for an estimated project cost of $ 1.084.456.76. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council hereby accepts the Feasibility Report for Project No. 05-2, for the improvements. 2. The Council will consider the improvements in accordance with the report and the assessment of abutting property for all or a portion of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $ 1.084.456.76. 3. A public hearing shall be held on such proposed improvement on the 16th day of January, 2007 in the Council Chambers of the City Hall at 7:00 PM and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. MOTION seconded by Councilmember City Council at a reQular meeting this 19th Councilmembers and adopted by the day of December ,2006, with voting in favor of the resolution, and Council members voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk j ~ \ ..... ~ '\ V - t ;5: ~o -0 :z o o ~ ", . ", ", r- '" CD r- . ....en ~~ "'Z "'::;: ;::0:: OW en> wO ZC ZZ ~:: ,0 0::' w~ >~ g~ Z . <{", . N '" . <Xl ~.;, Z'" r- C~ 0::'" <{CD >r- ~; ::><{ OlL en Z ~ o I- en en o 0:: o ", <Xl CD ~ III ~ III Z 1ii '"i W. Z >.!: _C) CD' 1IlQ. en -Q C) ~~ Z ~~ ~,.~.2 ~ :a= . +:t:: Q ...-.,.." 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Z C) C ~ \'l ~ jjj cat- "C 0 "C I- Z :a <C en 0 en 0 0 ~ 0:: () ~ '" ~ co co " R ~ ~ J ~ 4 ::t \ ,J j 'll) ~ ~ ~ v - <: ') ~ CD S c] ca Z '<'lJ1:'6~ '~ RECEIVED COMMENT.SHEET !.~ I . 2007 Overlays (C.P. 07-2). ~ Woodland Ridge, Indian Meadows 3rd Addition & Kelsey Estates Tuesday, November 21, 2006 I 5:30 p.m.-6:30 p.m. () f INFORMATIONAL MEETING ANDOVER CITY HALL 1685 CROSSTOWN BOULEVARD NW ANDOVER, MN 55304 Phone: Arr'-y (\A DR-G--~ 2Lf-l~ 11 ~~t' L-;J j0 vJ i )$;3/0'-{06 f';..-tJ DovtYL E-Mail: (/vI'YlO l'.5 tw\ v-Cf r;0 h o-J700l,' \ ' c-""'" Name: Address: Comments: J~ C-.e'Y\~ ~ ~ Mec.::f 0 ---(-A,;.1 J- f)-€ ~ ~ ~ fr'vce.-J trY"~. ~ <t- st. ~ (~~~~i~ ") ~ fi- ~ ~ (8 ~. ~ .13 r ~ yv~.-e.~ Ve-~. ~ '-H~ ~..creJ ~- i n(-(~ , --t1'--(A..t----J A-L-'~ 4 .~ ~.*, .~ ~ ~ ~ ~ .s.~. ~41.A-.~ -j-k. ~ ~~-f:r ~ ~~.~ ,~d ~cA ~ (A~ ~- J 4.j ~&..- .~ ~ ~I~' ,-0 ~~+ /l-<-1/l5,'1)~ ~ i~ D7J ~~ ~~. ~~ -I- ~.~ Jvc-j<2 <et- fr ~'3 ~-h ~~. ~~ 'T>~.~ .[U-II" ~ ~. ~rZ:Cvv ~~~ . H:\Engineering\City Projects\Open City Projects\07 -02 2007 Overlays\Word Documents\Correspondance\Residents\COMMENT SHEET;doc . 07,cJ2- COMMENT SHEET 2007 Overlays (C.~, . Woodland Ridge, Indian Meadows 3rd Addition & Kelsey Estates Tuesday, November 21, 2006 I 5:30 p.m.-6:30 p.m. INFORMATIONAL MEETING ANDOVER CITY HALL 1685 CROSSTOWN BOULEVARD NW ANDOVER, MN 55304 Name: cfi1~--;-- !?of-fU E Address: ej) /0' /53ej A v' NtJ ;1rJ~) V2YL MJ / Phone: tflJ-~d.c/7~Jv(;1 E-Mail: ;(;)f(D;jJ[IJ!QvjfJ.f!:5Jj Co",^- Comments: I A7vl,4tA;/,JSv ~,j/rJ"- 11v1 Efr6 REr!-lJrJ5i/(/I)v{;r-EJ, rj IJ /J SA17SFftC&L/ , 1lfl1fJ E If Ai JJ J;f~H{ t..J Fe-MAl J /f5 ! 5', rl1fJRJ0\J~/v1aJr !:f ;Ju/ N.:c:C.fS5A-iCcj A11lI/5 7;;; ~ ( H:\Engineering\City Projects\Open City Projects\07,02 2007 Overlays\Word Documents\Correspondance\Residents\COMMENT SHEET.doc 07-0'2- COMMENT SHEET 2007 Overlays (C.P';"~7~2l Woodland Ridge, Indian Meadows 3rd Addition & Kelsey Estates Tuesday, November 21, 2006 I 5:30 p.m.-6:30 p.m. Phone: INFORMATIONAL MEETING ANDOVER CITY HAll 1685 CROSSTOWN BOULEVARD NW ANDOVER, MN 55304 \<,,~~ h"".Sb-- \l~Yl '. ~su..rU:l~vwJ /S~- ~5 ::\7 E-Mail: Name: Address: Comments: I O-\n ~~~~St., T~,. ~ A- &iNMi/~J~J\~ i~O \~~ +- ~OV-. ~~ c\. cAn no-\-- ~ ~ 'fY"\QV'Z_ T ctY^ cJ..:so ~ ~ll',:!: ~L r-'~~ ~ 'N0--' ~ 5~,::: "- ~ ~ -\1) 6'D ''1' ~ ,,"^" ~'*v ~ ' ~ ~ ~X~~~' 3 O<.~'fu ~ \ " _' ~+~11'J1~ '~ ,_ (la - ~ '/~~ '2jAM,W ~~~ ~~ , 1~~ ~~- . H:IEngineeringlCity ProjectslOpen City Projectsl07,02 2007 OverlayslWord DocumentslCorrespondancelResidentslCOMMENT SHEET.doc ,. Ol'~ Catherine J. and Grant H. Marozas 17322 Bittersweet St. NW Andover, MN 55304 December 8, 2006 RECEIVED David Berkowitz City Engineer City of Andover 1685 Crosstown Boulevard NW Andover, MN 55304 [lEe I 3 2006 I I I CITY OF ANDOVER I Dear Mr. Berkowitz: Like many of our neighbors, we feel that the city should be paying for fixing our roads. Our current road condition is desirable because it keeps the driving speed lower. We do not know any resident that wants this. If the city insists that the road must be repaired, the 25% assessment on residents is not understood even after attending the informational meeting. We also do not feel that interest should be charged if the assessment is paid in installments. It is not fair to assume that the residents have $5,000 to pay the assessment, and charging interest is a further monetary burden on us. It is likely that our property taxes will also increase as a result of the road/curb work to be done (without experiencing an increase in the value of our property for resale purposes). We don't need "luxury" curbs. We request that if the repairs have to be done, please only ground up and redo the road and skip the "luxury" curbs. This will help alleviate the financial burden on us. Please also consider not charging interest until after a certain period of time (e.g., on the balance unpaid after three years). If the proposal is approved as presented at the informational meeting, we promise to campaign against every Andover Council member who approved it. Thank you in advance for forwarding my comments to the City Council for consideration. Sincerely, (jAiLt/tl J-, 'vt~~ Catherine J. Marozas Grant H. Marozas @ '1685 CROSSTOWN BOULEVARD N.W_ . ANDOVER, MINNESOTA 55304. (763) 755,5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US CC: Jim Dickinson, City Administrator TO: Mayor and Council Members FROM: David D. Berkowitz, City Engineer SUBJECT: Approve Joint Powers Agreement/05-34 (Bluebird St. NW & Hanson Blvd. NW)/05-42 (Community Center Right Turn Lane) & 05-35 (Traffic Signal at 154th Ave. NW & Hanson Boulevard NW) - Engineering DATE: December 19, 2006 INTRODUCTION This item is in regard to approving the Joint Powers Agreement (JP A) between the City of Andover and Anoka County for improvements for Project 05-34 (Bluebird Street NW & Hanson Boulevard NW), Project 05-42 (Community Center Right Turn Lane) & Project 05-35 (Traffic Signal at 1 54th Avenue NW & Hanson Boulevard NW). DISCUSSION The JP A for the projects listed above is attached for your review. The JP A identifies the City's responsibilities for the project improvement costs and electrical and maintenance responsibilities for the improvements of Hanson Boulevard NW from Crosstown Boulevard NW to 1 55th Lane NW. BUDGET IMP ACT The improvement cost for Hanson Boulevard NW & Bluebird Street NW will be assessed to the Hamilton Square and Andover Clocktower Commons developments as previously discussed. The right turn lane improvements to access the Andover Community Center will be funded by Municipal State Aid. The Hanson Boulevard NW & l54th Avenue NW improvements will be funded by the City's Road & Bridge Fund ($50,000) and the Fairbanks Properties ($50,000). The electrical and maintenance costs are part of the City's general operating budget. After the JP A is approved, staff will begin the process to assess the various parties identified in the feasibility report. ACTION REQUIRED The City Council is requested to approve the Joint Powers Agreement for improvements for Project 05-34 (Bluebird Street NW & Hanson Boulevard NW), Project 05-42 (Community Center Right Turn Lane) & Project 05-35 (Traffic Signal at l54th Avenue NW & Hanson Boulevard NW). Mayor and Council Members December 19, 2006 Page 2 of2 Respectfully submitted, David D. Berkowitz Attachments: Joint Powers Agreement /' rJ~ () Cc: Darren Lazan, Landform, 100 North Sixth Street, Minneapolis MN 55403 Ron Vanelli, Olvan Properties, P.O. Box 67, Forest Lake MN 55025 Barbara Reinhardt Vraa, HealthPartners, 8100 34th Ave. S, Bloomington MN 55425 Kevin Romano, McDonald's Corp., 1650 W. 82nd Street, Suite 900, Bloomington MN 55431-1442 Jane Quam, U.S. Post Office, 15219 Bluebird Street NW, Andover MN 55304 Anoka County Contract No. 2005-0529 JOINT POWERS AGREEMENT FOR THE IMPROVEMENTS OF CSAH 78 (HANSON BOULEVARD) FROM CR 18 (CROSSTOWN BOULEVARD) TO 155tb LANE PROJECT NO. S.A.P. 02-678-18 THIS AGREEMENT is made and entered into this _ day of , 2006 by and between the County of Anoka, a political subdivision ofthe State of Minnesota, 2100 Third Avenue, Anoka, Minnesota 55303, hereinafter referred to as "County", and the City of Andover, 1685 Crosstown Blvd., NW, Andover, MN, 55304, hereinafter referred to as the "City". WITNESSETH WHEREAS, the parties to this agreement consider it mutually desirable to reconstruct County State Aid Highway No. 78 (Hanson Blvd) from CR 18 (Crosstown Blvd) to 155tb Lane including a traffic control signal at 154th Avenue to improve the safety ofthe intersection; and, WHEREAS, the parties agree that the County shall cause the reconstruction of County State Aid Highway No. 78 (Hanson Blvd) from CSAH 18 (Crosstown Blvd) to 155th Lane; and, WHEREAS, the County prepared plans and specifications for S.A.P. 02-678-18 which plans and specifications are on file in the office ofthe County Engineer; and, WHEREAS, the County has received State funds through the Local Road Improvement Program to improve the intersection at CSAH 78 (Hanson Blvd) at 154th Avenue; and, WHEREAS, the parties agree that it is in their best interest that the cost of said project be shared; and, WHEREAS, Minn. Stat. ~ 471.59 authorizes political subdivisions of the state to enter into joint powers agreements for the joint exercise of powers common to each. NOW, THEREFORE, IT IS MUTUALLY STIPULATED AND AGREED: I. PURPOSE The parties have joined together for the purpose of reconstructing the roadway, drainage, and traffic control system on a portion of County State Aid Highway No. 78 (Hanson Blvd) from approximately 0.08 mile north ofCR 18 to approximately 0.05 miles south of 155th Lane; as described in the plans and specifications numbered SAP 02-678-18 on file in the office of the Anoka County Highway Department (hereinafter collectively referred to as "Project". The Project consists of three (3) parts as shown in Exhibit A, the plan layout for the project. The first part of the project includes reconstruction of CSAH 78 from 0.08 miles north of CR 18 to 0.07 miles north of Bluebird Street which includes construction ofa raised median on CSAH 78 with a south bound only left turn lane into Bluebird Street as well as a raised median on Bluebird Street on the east side of Hanson Blvd. to prohibit left turn out access. This part of the Project is hereinafter collectively referred to as the "Bluebird Improvements". The second part of the Project is within the limits of the Bluebird Improvements on Hanson Blvd and includes the construction of the south bound Hanson Blvd right turn lane into Bluebird Street as well as all approach construction on Bluebird west P:\02,678,18\Contract AdminVP A 02,678,18 andover(revised spHt).doc 1 of Hanson Blvd. This part of the Project is hereinafter collectively referred to as the "Community Center Turn Lane Improvements" with a project number SAP 198-020-026. The third part of the Project includes reconstruction of CSAH 78 from 0.07 miles north of Bluebird Street to 0.05 miles south of 155th Lane including channelization and signalization of 154th Lane at CSAH 78. This part of the Project is hereinafter collectively referred to as the "154th Improvements". II. METHOD The County shall provide all engineering services and shall cause the construction of Anoka County Project S.A.P. 02-678-18 in conformance with said engineering plans and specifications. The County shall do the calling for all bids and acceptance of all bid proposals. III. COSTS A. The contract cost of the work, or if the work is not contracted, the cost of all labor, materials, normal engineering costs, and equipment rental required to do the work shall constitute the actual construction costs and shall be so referred to herein. Project costs are good faith projections of costs which will be incurred for this project. Actual costs may vary and those will be the costs for which the relevant parties will be responsible. B. The cost of the Project is $1,620,792.63 as shown in Schedule I. Participation in the Project cost is as follows: 1. The City shall pay one hundred percent (100%) of the cost of Bluebird Improvements including construction and engineering. The City's share is $284,972.40. 2. The City shall pay one hundred percent (100%) of the cost of Community Center Turn Lane Improvements including construction and engineering. The City's share is $84,134.68 3. The City agrees to contribute $100,000.00 to the 154th Improvements. The City is responsible for obtaining portions of its share from other parties. 4. The County shall pay zero percent (0%) of the cost of the Bluebird Improvements. 5. The County shall pay zero percent (0%) of the cost ofthe Community Center Turn Lane Improvements. 6. The County shall be responsible for all remaining construction and engineering costs. 7. The County shall enter into a separate agreement with the Anoka-Hennepin School District #11 for cost share ofthe 154th Improvements The Cost participation is summarized below: City of Andover Anoka County $469,107.08 All remaining Costs The total cost to the City for the Project is $469,107.08 P:\OZ-678,18\Contract AdminIJPA OZ,678,18 andover(revised split).doc 2 C. Upon final execution of the joint powers agreement and award of the contract, the City shall pay to the County, upon written demand by the County, one hundred percent (100%) of its portion of the cost ofthe Bluebird Improvements and the Community Center Turn Lane Improvements is $369,107.08 and one hundred percent (100%) of its portion of the 154th Improvements at $100,000 for a total of $469,107.08. The City's share for the project shall include only construction and engineering expense and shall not include administration expenses incurred by the County. IV. TERM This Agreement shall continue until terminated as provided hereinafter. V. DISBURSEMENT OF FUNDS All funds disbursed by the County or City pursuant to this Agreement shall be disbursed by each entity pursuant to the method provided by law. VI. CONTRACTS AND PURCHASES All contracts let and purchases made pursuant to this Agreement shall be made by the County in conformance to the State laws. VII. STRICT ACCOUNTABILITY A strict accounting shall be made of all funds and report of all receipts and shall be made upon request by either party. VIII. TERMINATION This Agreement may be terminated by either party at any time, with or without cause, upon not less than thirty (30) days written notice delivered by mail or in person to the other party. If notice is delivered by mail, it shall be deemed to be received two days after mailing. Such termination shall not be effective with respect to any solicitation of bids or any purchases of services or goods which occurred prior to such notice of termination. The City shall pay its pro rata share of costs which the County incurred prior to such notice of termination. IX. SIGNALIZA nON POWER The City shall at their sole expense, install or cause the installation of an adequate electrical power source to the service cabinet for the intersection of Hanson Blvd and 154th Avenue, including any necessary extension of power lines. The City shall be the lead agency in this matter. Upon completion of said traffic control signal installation, the ongoing cost of the electrical power to the signal shall be the sole cost and expense ofthe City. X. MAINTENANCE A. Maintenance ofthe completed watermain, sanitary sewer, storm sewer (except catch basins and catch basin leads), detention basins (including ponds and their outlet structures and grit chambers/collectors) shall be the sole obligation ofthe City. B. Maintenance of all trails and sidewalks, including snow plowing, shall be the sole responsibility ofthe City. P:\02-678-18\Contract AdminIJP A 02-678-18 andover(revised split).doc 3 C. Maintenance of streetlights and cost of electrical power to the streetlights shall be the sole obligation of the City. D. Painting of the traffic signal system at Hanson Blvd and I 54th Avenue shall be the sole obligation ofthe County. E. the County. Timing of the traffic signal at Hanson Blvd and 154th Avenue shall be determined by F. Only the County shall have access to the controller cabinet. G. County. The traffic control signal at Hanson Blvd and l54th Avenue shall be the property of the H.The City shall be responsible for maintenance of the luminaries, luminaire relamping, and luminaire painting. I. All maintenance of the EVP System shall be completed by the County. The City shall be billed by the County on a quarterly basis for all incurred costs. J. EVP Emitter Units may be installed on and used only by Emergency Vehicles responding to an emergency as defined in Minnesota Statutes ~169.01, Subdivision 5, and ~169.03. The City shall provide a list to the County Engineer, or the County's duly appointed representative, of all such vehicles with emitter units on an annual basis. K. Malfunctions of the EVP System shall be immediately reported to the County. L. All timing of said EVP System shall be determined by the County. M. In the event said EVP System or components are, in the opinion of the County, being misused, or the conditions set forth are violated, and such misuse or violation continues after receipt by the' City, written notice thereof from the County, the County shall remove the EVP System. Upon removal of the EVP System pursuant to this paragraph, the field wiring, cabinet wiring, detector receiver, infrared detector heads and indicator lamps and all other components shall become the property ofthe County. IX. NOTICE For purposes of delivery of any notices herein, the notice shall be effective if delivered to the County Administrator of Anoka County, 2100 Third Avenue, Anoka, Minnesota 55303, on behalf of the County, and to the City Administrator of Andover, l685 Crosstown Blvd., NW, Andover, MN, 55304, on behalf of the City. X. INDEMNIFICATION The City and County mutually agree to indemnify and hold harmless each other from any claims, losses, costs, expenses or damages resulting from the acts or omissions of the respective officers, agents, or employees relating to activities conducted by either party under this Agreement. XI. ENTIRE AGREEMENT REQUIREMENT OF WRITING P:\02-678-18\Contract AdminIJPA 02-678-18 andover(revised split).doc4 It is understood and agreed that the entire agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and all negotiations between the parties relating to the subject matter thereof, as well as any previous agreement presently in effect between the parties to the subject matter thereof. Any alterations, variations, or modifications of the provisions of this Agreement shall be valid only when they have been reduced to writing and duly signed by the parties. P:\02-678.18\Contract AdminIJP A 02-678-18 andover(revised split).doc 5 IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands on the dates written below. COUNTY OF ANOKA CITY OF ANDOVER By: By: Margaret Langfeld, Chair Anoka County Board of Commissioners Mike Gamache Mayor Dated: Dated: ATTEST By: By: John "Jay" McLinden Anoka County Administrator Jim Dickinson City Administrator Dated: Dated: RECOMMENDED FOR APPROVAL By: By: Douglas W. Fischer, P.E. Anoka County Engineer Dave Berkowitz, P.E. City Engineer . Dated: Dated: APPROVED AS TO FORM By: By: Dan Klint Assistant Anoka County Attorney City Attorney Dated: Dated: P:\02-678-18\Contract AdminIJP A 02-678-18 andover(revised split).doc6 EXHIBIT B COST-SHARING AGREEMENT FOR PROJECTS CONSTRUCTED IN ANOKA COUNTY USING COUNTY STATE AID FUNDS OR LOCAL TAX LEVY DOLLARS ITEMS COUNTY SHARE o 50% o 100% 100% 100% o 100% based on state aid letter*a> O*@ Y, the cost of its legs of the intersection Bikeways Concrete Curb & Gutter Concrete Sidewalk Concrete Sidewalk Replacement Concrete Curb & Gutter for Median Construction Concrete Median Construction or Adjustment of Local Utilities Grading, Base and Bituminous Storm Sewer Driveway Upgrades Traffic Signals (communities larger than 5,000) Traffic Signals (communities less than 5,000) Engineering Services 100% *@ CITY SHARE 100% 50% 100% o o O*G) 100% o based on state aid letter*a> 100% the cost of its legs of the intersection plus Y, the cost of the County legs of the intersection O*a> *@ Right-of-Way 1005 O*~ Street Lights 0 100% *(j) The County pays for 100% OF A Standard Median Design such as plain concrete. If a local unit of government requests decorative median such as red brick, stamped concrete, or exposed aggregate concrete, the local unit will pay the additional cost above the cost of standard median. *@ In the event no State Aid is being used, drainage cost shares will be computed by proportions of total area to County area where the area of the road right-of-way is doubled prior to performance of the calculations. *al In cities less than 5,000 people the County pays for 100% of the cost of the traffic signal effective March 1986. The County collects on behalf of the cities (less than' 5,000) "Municipal State Aid Dollars" since they do not themselves qualify for state aid funds. These funds are used to pay the City Share. *@) Engineering shall be paid by the Lead Agency except that any participating agency will pay construction engineering in the amount of 8% of the construction costs paid by that agency. *~ In the event that the Township or City requests purchase of right-of-way in excess of those right-of-ways required by County construction, the Township or City participates to the extent an agreement can be reached in these properties. For instance, a Township or City may request a sidewalk be constructed alongside a County roadway which would require additional right- of-way, in which case the Township or City may pay for that portion of the right-of-way. Acquisition of right-of-way for new alignments shall be the responsibility of the Township or City in which the alignment is located. This provision may be waived by agreement with the County Board if the roadway replaces an existing alignment and the local unit of government takes jurisdiction of that existing alignment. In addition, any costs, including right-of-way costs, incurred by the County because a Township or City did not acquire sufficient right-of-way during the platting process or redevelopment process shall be paid by the Township or City. *@ The County will replace all driveways in-kind. 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WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members CC: Jim Dickinson, City Administrator FROM: David D. Berkowitz, City Engineer SUBJECT: Approve Joint Powers Agreement/E Systems (Hanson Blvd. & Bunker Lk. Blvd., Round Lk. Blvd. & Bunker Lk. Blvd. and CSAH 7 & Bunker Lk. Blvd.)/03-31 - Engineering DATE: December 19, 2006 INTRODUCTION This item is in regard to approving the Joint Powers Agreement (JP A) between the City of Andover and Anoka County for Project 03-3l, Emergency Vehicle Preemption (EVP) Systems for the followinglocations: Hanson Boulevard NW & Bunker Lake Boulevard NW, Round Lake Boulevard NW & Bunker Lake Boulevard NW and CSAH 7 & Bunker Lake Boulevard NW. DISCUSSION The JP A for the EVP Systems for the above referenced locations is attached for your review. The JP A identifies the City's responsibilities for electrical service and maintenance responsibilities for the EVP system. This JP A does not replace the previously approved JP A' s for each signal. The agreement is in conformance with the standard Anoka County JP A' s. The installation of the EVP systems was completed in 2003. The Anoka County Highway Department did not execute the JP A at that time. The maintenance of the traffic signals at CSAH 7 and Bunker Lake Boulevard NW and Bunker Lake Boulevard NW and Round Lake Boulevard NW is shared between the City. of Andover and the City of Anoka. Invoices will be sent to Andover and the City will invoice Anoka for their share. BUDGET IMP ACT The City is responsible for electrical costs and ongoing maintenance costs identified in the JP A. These costs are part of the City's general operating budget. ACTION REQUIRED The City Council is requested to approve the Joint Powers Agreement for Emergency Vehicle Preemption (EVP) Systems for the following locations: Hanson Boulevard NW & Bunker Lake Boulevard NW, Round Lake Boulevard NW & Bunker Lake BoulevardNW, CSAH 7 & Bunker Lake Boulevard NW, Project 03-31. Respectfully submitted, Q~0. Anoka County Contract No. 2005-0589 JOINT POWERS AGREEMENT FQR THE INSTALLATION QF EVP SYSTEMS AT THREE INTERSECTIONS ON CSAH l16 (BUNKER LAKE BLVD.) IN THE CITY QF ANDQVER (C.P.03-45-116) Tms AGREEMENT is made and entered into this day of 2006, by and between the County Anoka, a political subdivision ofthe State ofMilUlesota, 2100 Third Avenue, Anoka, MilUlesota 55303, hereinafter referred to as the "County of Anoka" and the City Andover, 1685 Crosstown Blvd NW, Andover MilUlesota 55303, hereinafter referreq. to as the "City". WITNESSETH: WHEREAS, the parties to this Agreement desire to jointly cause the construction ofEVP systems to three intersections of County State Aid Highway 116 (Bunker Lake Blvd) in the City of Andover; WHEREAS, the parties to this Agreement agree that it is in their best interest that the costs of said project be the cities responsibility; and WHEREAS, each location has an existing JP A which is still in effect and should be followed for signal maintenance, as this JP A does not replace it; and WHEREAS, said work will be carried out in accordance with the provisions ofMilUl. Stat. ~ 471.59. NOW, THEREFORE, it is mutually stipulated and agreed: I. . PURPOSE: The County and City have joined together for the purpose of installing EVP systems on the following 3 intersections in the City of Andover, as described in the plans and specifications on file in the office of the Anoka County Highway Department and incorporated herein by reference. CSAH 116 (Bunker Lake Blvd.) and CSAH 78 (Hanson Blvd.) CSAH 116 (Bunker Lake Blvd.) and CSAH 7 (Seventh Avenue) CSAH ll6 (Bunker Lake Blvd.) and CSAH 9 (Round Lake Blvd.) n. METHOD: A. The City shall install the EVP system at three locations listed above. The County shall assist in the construction inspection of the traffic control system as deemed necessary by the County. B. The County Highway Department shall maintain the traffic signal controllers, traffic signal lamps, loop detectors, associated wiring with the traffic control system and traffic signal painting at the intersections as per the existing Joint Powers Agreement for each location C. The City shall be responsible for the electrical power installation and ongoing power cost, construction costs and the maintenance, relamping and painting of the luminaries of traffic control signal. D. All timing of the traffic control signals shall be determined by the County. E. Only the County shall have access to the controller cabinets. F. The traffic control signals shall be the property of the County. III. COSTS: A. The city shall be billed at the completion of construction for any construction inspection performed by the County per the Attached. B. The City shall be responsible for all costs associated with the installation of EVP systems, the ongoing power costs and all maintenance costs described herein. C. All maintenance of the EVP Systems shall be completed by the County. The City shall be billed by the County on a quarterly basis for all incurred costs. D. EVP Emitter Units may be installed on and used only by Emergency Vehicles responding to an emergency as defined in Minnesota Statues 169.0l, Subdivision 5, and 169.03. The City shall provide a list to the County Traffic Engineer, or the County's duly appointed representative, of all such vehicles with emitter units on an annual basis. E. Malfunctions of the EVP Systems shall be immediately reported to the County. F. All timing of said EVP Systems shall be determined by the County. G. In the event said EVP Systems or components are, In the opinion ofthe CoUnty, being misused, or the conditions set forth are violated, and such misuse or violation continues after receipt by the City, written notice thereof from the County, the County shall remove the EVP Systems. Upon removal of the EVP Systems pursuant to this paragraph, the field wiring, cabinet wiring, detector receiver, infrared detector heads and indicator lamps and all other components shall become the property of the County. N. TERM: This Agreement shall continue until terminated as provided hereinafter. V. DISBURSEMENT OF FUNDS: All funds disbursed by the County or District pursuant to this Agreement shall be disbursed by each entity pursuant to the method provided by law. VI. CONTRACTS AND PURCHASES: All contracts let and purchases made pursuant to this Agreement shall be made by the County of Anoka in conformance to state laws. VII. STRICT ACCOUNTABILITY: A strict accounting shall be made of all funds and report of all receipts and disbursements shall be made upon request by either party. VIII. SIGNALIZATIQN POWER: The City, shall, at their sole expense, install or cause the installation of an adequate electrical power source to the service pad or pole for three intersections of County State Aid Highway 116 (Bunker Lake Blvd.), including any necessary extensions of power lines. The City shall be the lead agency in this matter. Upon completion of said traffic control signal installation, the ongoing cost of electrical power to the signal shall be the sole cost and expense of the City. IX. TERMINATION: This Agreement may be terminated by either party at any time, with or without cause, upon not less than thirty (30) days written notice delivered by mail or in person to the other party. If notice is delivered by mail, it shall be deemed to be received two (2) days after mailing. Such termination shall not be effective with respect to any solicitation of bids or any purchases of services or goods, which occurred prior to such notice of termination. X. AFFIRMATIVE ACTION: In accordance with the County of Anoka's Affirmative Action Policy and the Anoka County Commissioners' policies against discrimination, no person shall illegally be excluded from full-time employment rights in, be denied the benefits of, or be otherwise subjected to discrimination in the program which is the subject of this Agreement on the basis of race, creed, color, sex, marital status, public assistance status, age, disability or national origin. XI. NQTICE: For purpose of delivery of any notices hereunder, the notice shall be effective if delivered to the County Administrator of Anoka County, 2100 Third Avenue, Anoka, Minnesota 55303, on behalf of the County, and the City Manager ofthe City of Andover, 1685 Crosstown Blvd NW, Andover Minnesota 55303, on behalf of the City, XII. INDEMNIFICATION: The City and the County of Anoka mutually agree to indemnify and hold harmless each other from any claims, losses, costs, expenses or damages resulting from the acts or omissions of the respective officers, agents or employees relating to activity conducted by either party under this Agreement. XIII. ENTIRE AGREEMENT/REQUIREMENT OF A WRITING It is understood and agreed that the entire agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and all negotiations between the parties relating to the subject matter thereof, as well as any previous agreement presently in effect between the parties relating to the subject matter thereof. Any alterations, variations or modifications ofthe provisions of this Agreement shall be valid only when they have been reduced to writing and duly signed by the parties herein. IN WITNESS WHEREQF, the parties of this Agreement have hereunto set their hands on the dates written below. COUNTY OF ANOKA CITY OF ANDQVER Margaret Langfeld, Chairman County Board of Commissioners By: Name: Title: By: Dated: Dated: ATTEST ATTEST John "Jay" McLinden County Administrator By: Name: Title: By: Dated: Dated: RECOMMENDED FOR APPROVAL RECOMMENDED FOR APPROVAL Doug Fischer County Engineer By: Name: Title: By: Dated: Dated: APPROVED AS TO FQRM By: Dan Klint Assistant County Attorney Dated: @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US CC: Jim Dickinson, City Administrator TO: Mayor and City Council . FROM: VickiVolk, City Clerk SUBJECT: Approve 2007 Licenses DATE: December 19, 2006 INTRODUCTION Liquor, tobacco and used vehicle sales licenses expire on December 31, 2006. DISCUSSION The following have applied for renewal of their licenses and paid the appropriate fees: Tobacco Stop-n-Shop Croix Convenience G- Will Liquors Oasis Market #522 Andover Tobacco Used Vehicle Sales Twin Rivers Auto Sales On-Sale & Sunday Intoxicating Liquor Jade Catering Off-Sale 3.2% Malt Liquor Croix Convenience Stop-n-Shop ACTION REQUIRED Council is requested to approve the above licenses for the period January 1,2006 through December 3l, 2006. 6) 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: Adopt Resolution - City of Andover 2007 Budget & Certify 2007 Property Tax Levy DATE: December 19, 2006 INTRODUCTION Each year the City Council is required by state law to adopt an annual budget and submit a property tax levy certification to Anoka County Property Records and Taxation Division. The deadline for submission this year is December 28th. DISCUSSION The 2007 Budget and Levy certification is the outcome of budget workshops with the Council, numerous staff meetings, and the December 5th Truth in Taxation Hearing. The overall City of Andover 2007 B1.!dget proposes total revenues of $26,104,865 and total expenditures of $28,234,551. The $2,129,686 of expenditures over revenues reflects a utilization of prior year bond issuances related to debt service refinancing, public project financing through the Permanent hnprovement Revolving (PIR) Fund and frugal reserve management by the City. The 2007 Budget includes a total property tax levy of $9,316,427: $6,115,179 (65.6%) operational levy, $1,833,494 (19.7%) debt service levy, and $1,367,754 (14.7%) capital levy. In summary, the tax levy reflects a decreasing City tax rate to 31.003% from 31.556% in 2006. BUDGET IMPACT This will establish the 2007 City of Andover Budget and 2007 Property Tax Levy. ACTION REOUIRED The Andover City Council is requested to. approve the attached resolution that indicates a total 2007 property tax levy of $9,316,427 to be submitted to the Anoka County Property Records and Taxation Division by December 28th and establishes the 2007 City of Andover Budget. Attachment - Resolution CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO A RESOLUTION ADOPTING THE CITY OF ANDOVER 2007 BUDGET AND 2007 PROPERTY TAX LEVY TO BE CERTIFIED TO THE COUNTY AUDITOR. WHEREAS, the preparation and adoption of budgets is recognized as sound fmancial practice; and WHEREAS, the City of Andover receives significant fmancial support from its residents through the payment of property taxes; and WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the public's funds; and WHEREAS, Minnesota State Law requires the City to certify to the County Auditor an adopted tax levy and budget prior to December 28, 2006; and WHEREAS, Minnesota State Law requires the City to certify to the State of Minnesota Department of Revenue an adopted tax levy by December 28, 2006. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby adopts the 2007 City of Andover Budget and the 2007 property tax levy totaling $9,316,427 as listed on Attachment A. BE IT FURTHER RESOLVED that the City Council of the City of Andover hereby establishes the 2007 City of Andover Budget by fund type as follows: REVENUES General Fund $ 8,534,974 Special Revenue Funds 1,324,779 Debt Service Funds 5,674,339 Capital Projects Funds 5,938,447 Enterprise Funds 3,846,056 Internal Service Funds 786,270 Total $26,104,865 Adopted by the City of Andover this 19th day of December 2006. EXPENDITURES Total $ 8,534,974 1,673,523 4,919,085 8,380,826 3,918,364 807,779 $ 28,234,551 General Fund Special Revenue Foods Debt Service Funds Capital Projects Funds Enterprise Funds Internal Service Funds CITY OF ANDOVER Michael R. Gamache - Mayor ATTEST: Victoria Volk - City Clerk CITY OF ANDOVER, MINNESOTA 2007 Property Tax Levy Attachment A 2007 Certified Levy General Fund Levy $ 6,080,179 Debt Service Funds Levy 2004A G.O. Capital Improvement Bonds 2004 EDA Public Facility Revenue Bonds 2005B Capital Improvement Bonds 2005B G.O. Equipment Certificate 2006B G.O. Equipment Certificate 2007 G.O. Equipment Certificate 365,051 889,718 126,305 63,945 188,475 200,000 Total Debt Service 1,833,494 Other Levies Capital Projects Levy Capital Equipment/Project Parks Projects Road & Bridge Pedestrian Trail Maintenance 210,000 56,000 1,052,953 48,801 Lower Rum River Watershed 35,000 Gross City Levy $ 9,316,427 STATE OF MINNESOTA) COUNTY OF ANOKA ) CITY OF ANDOVER I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, do hereby certify that I have carefully compared the attached Resolution No. _ adopting the City of Andover 2007 Budget and 2007 Property Tax Levy with the original record thereof preserved in my office, and have found the same to be true and correct transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand this 19th day of December 2006. Victoria V olk - City Clerk ~ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755.5100 FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US TQ: Mayor and Councilmembers FRQM: Jim Dickinson, City Administrator SUBJECT: Approve Resolution - 2007 Debt Service Levy Changes DATE: December 19, 2006 INTRQDUCTION Anoka County Property Records and Taxation Division requires a City Council resolution changing bonded indebtedness levies for 2007 that would have been certified to Anoka County as part of prior years bond sales. DISCUSSIQN When the City issues bonds, a certification of the bonded indebtedness levy is sent to Anoka County. The County is charged with assuring on an annual basis that local government bonded indebtedness payments are made. To assist in monitoring, the County is requesting a resolution that would update all or a portion of previously certified bonded indebtedness levies. Attached is a resolution to update bonded indebtedness levies along with a brief description as to why there was a change. BUDGET IMPACT The 2007 City of Andover Debt Service Budgets are current and up-to-date. This resolution is to inform the County of any changes that have taken place in the past year as well as any new issuances proposed to be levied for 2007. ACTIQN REQUIRED The Andover City Council is requested to approve the attached resolution that would update certified bonded indebtedness levies for 2007. Attachments: Resolution, 2007 Debt Service Levy Changes CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION UPDATING CERTIFIED BONDED INDEBTEDNESS FOR 2007. WHEREAS, the preparation and adoption of budgets is recognized as sound financial practice; and . WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the public's funds; and WHEREAS, the City of Andover has determined that it is prudent to update certified bonded indebtedness levies for 2006; and WHEREAS, the Anoka County Property Records and Taxation Division is requiring a City Council resolution updating bonded indebtedness levies that would have been certified Anoka County as part of prior year bond sales. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby updates all or a portion of previously certified bonded indebtedness levies for 2007 as listed on Attachment A. Adopted by the City of Andover this 19th day of December 2006. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk Attachment A CITY OF ANDOVER 2007 Levy Certification Debt Changes Connty Levy City Levy Levy GENERAL OBLIGATION DEBT Scheduled Scheduled Chan2es Variance Explanation 56 2004A GO Capital Improvement Bonds 365,051 365,051 Ok 58 2005A GO Improvement Bonds 571,500 571,500 Paid for by assessments 59 2005B GO Equipment Certificate 64,900 63,945 955 City has interest earnings in Debt Service Fund 60 2005B GO Capital Improvement Bonds 128,200 126,305 1,895 City has interest earnings in Debt Service Fund 61 200M GO PIR Bonds 133,624 133,624 Paid for by assessments 62 2006B GO Equipment Certificate 169,763 188,475 (18,712) City levying for two interest payments 2007 GO Equipment Certificate 200,000 (200,000) Bonds not yet issued 2004 EDA Public Facility Lease Rev 889,718 (889,718) Lease revenue payment per pledge agreement Total $ 1,433,037 $ 1,833,494 $ (400,457) STATE QF MINNESQTA) COUNTY OF ANQKA ) CITY QF ANDQVER ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, do hereby certify that I have carefully compared the attached Resolution No. adopting the City of Andover updates of all or a portion of previously certified bonded indebtedness levies for 2007 with the original record thereof preserved in my office, and have found the same to be true and correct transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand this 19th day of December 2006. Victoria Yolk - City Clerk (3) 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Council members CC: James Dickinson, City Administrator FROM: Dana Peitso, Human Resources Mana SUBJECT: Approve Cost-of-Living Adjustment for Non-Represented Employees DATE: December 19,2006 INTRODUCTION The City typically approves cost-of-living adjustments for non-represented employees at the last regular Council meeting of the calendar year for the following year. These adjustments would take place effective January 1, 2007. DISCUSSION Cost-of-living adjustments for non-bargaining employees have been reviewed and are proposed at three and a half (3.5) percent, effective January 1,2007. Non-bargaming employees, for purposes of this cost-of-living adjustment, include confidential and non-represented employees, supervisory staff and senior-level management personnel. Surveys of metropolitan cities, regional economic factors and other wage and benefit data support the proposed annual wage adjustment. All other employees belong to collective bargaining units, which requires the City to formally negotiate changes in the terms and conditions of employment through the collective bargaining process. BUDGET IMPACT Funding for cost-of-living adjustments is included in the 2007 City Budget. ACTION REOUESTED Adopt the attached resolution approving a three and a half (3.5) percent wage adjustment effective January 1,2007, for non-represented City employees. Respectfully submitted, ~~~~ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. APPROVING COST-OF-LIVING ADJUSTMENTS FQR ALL NON-REPRESENTED EMPLOYEES FOR CALENDAR YEAR 2007 WHEREAS, cost-of-living adjustments for non-bargaining employees are in order to recognize annual inflationary increases in cost-of-living standards as measured by the Consumer Price Index (CPI), and regional economic and market-based indicators; and WHEREAS, the annual percentage adjustments of three and a half (3.5) percent effective January l, 2007, are within the expenditure guidelines established in the 2007 Budget; and WHEREAS, non-bargaining employees are defined as those public employees not formally represented by an exclusive bargaining group as defmed under Minnesota Statute. NOW THEREFORE, BE IT RESOLVED that the City Council hereby approves cost- of-living adjustments of three and a half (3.5) percent effective January 1, 2007, for all non-represented employees. Adopted by the City Council on December 19,2006 Mayor Mike Gamache Attest: Vicki V olk, City Clerk @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Council members CC: James Dickinson, City Administrator FROM: Dana Peitso, Human Resources Manager SUBJECT: Approval of Collective Bargaining Agreement/Public Works DATE: December 19, 2006 INTRODUCTION The City Council is requested to consider the adoption of the 2007 union contract. DISCUSSION For the 2007 Union Contract the only opener was the Cost of Living. Cost-of-living adjustments for bargaining employees have been reviewed and are proposed by both Management and the Union at three and a half(3.5) percent, effective January 1,2007. Surveys of metropolitan cities, regional economic factors and other wage and benefit data support the proposed annual wage adjustment. BUDGET IMPACT Funding for cost-of-living adjustments is included in the 2007 City Budget. ACTION REOUESTED Approve Union Contract for the year 2007. Respectfully submitted, AOne--~ ,. Dana Peitso (!) 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER,MN.US TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: Approve 2007 Anoka County Sheriff Contract DATE: December 19,2006 INTRODUCTION Each year the City Council approves the subsequent years (2007) law enforcement contract with the Anoka County Sheriffs Office as part of the annual budget process. The 2007 contract is attached for the City Council approval. DISCUSSION The 2007 City of Andover Law Enforcement expenditure budget is $2,083,860.00 which is offset by a Police State Aid revenue budget of $91,592 and School Liaison revenue budget of $76,862.00 reflecting a net tax levy impact of $1,915,406. The Anoka County Sheriffs contract provides for 72 hours per day of patrol service (increasing to 80 hours July 1 st), 12 hours per day of service provided by a Community Service Officer, a School Liaison Officer in the middle school ana high school, and 50% of the costs associated with the Crime Watch Program' s coordinator position. BUDGET IMP ACT The contract total of $2,083,860.00 is contained in the City of Andover 2007 Budget. ACTION REOUIRED The Andover City Council is requested to approve the attached Anoka County Sheriffs Contract. ..... Attachment - Sheriffs Contract Anoka County Contract No. 2006-0264 LAW ENFORCEMENT CONTRACT THIS CONTRACT is made and entered into this day of 2006, by and between the County of Anoka, a political subdivision of the State of Minnesota, and the Anoka County Sheriff, hereinafter referred to as the "County," and the City of Andover, 1685 Crosstown Boulevard Northwest, Andover, Minnesota 55304, hereinafter referred to as the "Municipality," for the period of January 1,2007, through December 31,2007. WITNESSETH: WHEREAS, the Municipality is desirous of entering into a contract with the County, through the Office of the Anoka County Sheriff (hereinafter Sheriff), for the performance of the law enforcement functions hereinafter described within the corporate limits of said Municipality; and WHEREAS, the County is agreeable to rendering such services and law enforcement functions on the terms and conditions hereinafter set forth; and WHEREAS, such contracts are authorized and provided for by Minn. Stat. 99 471.59 and 436.05. NOW, THEREFORE, pursuant to the terms of the aforesaid statutes, and in consideration of the mutual covenants expressed herein, it is agreed as follows: I. PURPOSE The County, through its Sheriff, agrees to provide police protection within the corporate limits of the Municipality to the extent and in the manner as hereinafter set forth. II. SERVICES TO BE PROVIDED BY THE COUNTY A. Except as otherwise hereinafter specifically set forth, such services shall encompass the duties and functions of the type normally coming within the jurisdiction of the Sheriff pursuant to Minnesota Law, and, in addition, the Sheriff and his duly assigned deputies shall, within the Municipality's corporate limits, exercise all the police powers and duties of city police officers as provided by Minn. Stat. ~ 436.05. B. The rendition of services, the standard of performance. the discipline of the deputies, and other matters incident to the performance of such services and the control of personnel so employed, shall remain in and under the sole control of the Sheriff. C. Such services shall include the enforcement of Minnesota State Statutes and the municipal ordinances of the Municipality. D. The County shall furnish and supply all necessary labor, supervision, equipment, and communication facilities for dispatching, jail detention (including the cost of such detention), and daily patrol service as specified in Paragraph II.E. of this Contract, and shall be responsible for the direct payment of any salaries, wages, or other compensation to any County personnel performing services pursuant to this Contract. E. The County agrees to provide law enforcement protection as follows: For the period of January 1, 2007, through June 30, 2007, the Sheriff will provide seventy-two (72) hours per day of daily patrol service. Effective July 1, 2007, through December 31 , 2007 an additional eight (8) hours per day of daily patrol service will be added bringing the total hours to eighty (80) hours per day for said period. Said daily patrol service shall be exercised through the employment of four patrol cars, to be supplied, equipped, and maintained by the County and staffed by Sheriffs deputies. Further, said daily patrol service will provide andJulfill those serviCes and duties ordinarily provided and fulfilled by city police officers as provided by state law and municipal police officers as provided by state law and municipal ordinances. The Sheriff will also provide twelve (12) hours per day of service by a Community Service Officer. In addition, the Sheriff will provide the service of a Community Service Officer for park security, twenty (20) hours per week, April through September. The Sheriff, upon consultation with the Law Enforcement Committee created pursuant to Paragraph VI. herein, shall determine the time of the day during which the patrol service shall be provided. The Sheriff may periodically change the times of patrol service in order to enhance the effectiveness of the coverage. The Sheriff will also provide 2 full-time Deputy Sheriffs to be assigned as a School Liaison Officer, in the Municipality's schools during the school year. This will include the middle school and the high school. The County also agrees to cover 50% of costs associated with the Crime Watch Program's coordinator position. The Municipality agrees to cover the remaining 50%. During the non-school months, these officers will continue to be assigned in the Municipality to work in such areas as patrol, selected enforcement efforts, and crime prevention. -2- III. DUTIES OF MUNICIPALITY A. It is agreed that the Sheriff shall have all reasonable and necessary cooperation and assistance from the Municipality,. its officers, agents, and employees, so as to facilitate the performance of this Contract. B. This Contract shall not alter the responsibility for prosecution of offenses occurring within the Municipality as is currently provided bylaw. Likewise, collection and distribution of fine monies shall be controlled in the manner provided by law. IV. COMPENSATIONfTERM For law enforcement protection services as specified herein for January 1, 2007, through December 31, 2007, the Municipality agrees to pay to the County the sum of Two Million Eighty Three Thousand Eight Hundred Sixty Dollars and 00/100s ($2,083,860.00). Said sum is payable in four (4) equal installments due April 1 , 2007; July 1, 2007; October 1, 2007; and December 31,2007. The County agrees that the Municipality will receive a credit against its contract price obligation as a result of anticipated Police State Aide. The amount of the credit will be determined by the amount of money received per sworn officer from the State of Minnesota times the number of sworn officers charged to service the contract. V. RENEWAL This Contract may be renewed for a successive period of one (1) year. Said renewals shall be accomplished in the following manner: A. Not later than one hundred twenty (120) days prior to the expiration of the current Contract, the County, through its Sheriff, shall notify the Municipality of its intention to renew. Said notification shall include notice of any increase in total contract cost. B. Not later than ninety (90) days prior to the expiration of the current Contract, the Municipality shall notify the Sheriff of its intention to renew and its acceptance of increased costs. C. The renewal shall be officially approved by the parties' respective governing bodies prior to expiration of the current Contract. -3- VI. LAW ENFORCEMENT COMMllTEE The County, through its Sheriff or his designee(s), agrees to meet, from time to time, with any duly designated law enforcement committee of the Municipality. The purpose of said meetings shall be to make suggestions for improvement in the implementation of this Contract or for amendments thereto; provided, however, that no such suggestion or amendment shall be binding upon either party until reduced to writing and duly signed by the parties hereto. The membership of said committee, and the time and place of said meetings, shall be determined by the Municipality with reasonable notice to the Sheriff. VII. DISBURSEMENT OF FUNDS All funds disbursed by the County or the Municipality pursuant to this Contract shall be disbursed by each entity pursuant to the method provided by law. VIII. STRICT ACCOUNTABILITY A strict accounting shall be made of all funds, and reports of all receipts and disbursements shall be made upon request by either party. IX. AFFIRMATIVE ACTION In accordance with Anoka County's Affirmative Action Policy and the County Commissioners' policies against discrimination, no person shall illegally be excluded from full- time employment rights in, be denied the benefits of, or be otherwise subjected to discrimination in the program which is the subject of this Contract on the basis of race, creed, color, sex, sexual orientation, marital status, public assistance status, age, disability, or national origin. X. INDEMNIFICATION The Municipality and the County mutually agree to indemnify and hold harmless each other from any claims, losses, costs, expenses, or damages, injuries or sickness resulting from the acts or omissions of their respective officers, agents, or employees, relating to the activities conducted by either party under this Contract. XI. TERMINATION -4- This Contract may be terminated by either party at any time with or without cause upon not less than one hundred eighty (180) days written notice delivered by mail or in person to the other party. Notices delivered by mail shall be deemed to be received two (2) days after mailing. Such termination shall not be effective with respect to services rendered prior to such notice of termination. XII. NOTICE For purposes of delivering any notices hereunder, notice shall be effective if delivered to the Anoka County Sheriff, 325 East Main Street, Anoka, Minnesota 55303, on behalf of the County; and the City Administrator of the City of Andover, 1685 Crosstown Boulevard Northwest, Anoka, Minnesota 55304, on behalf of the Municipality. XIII. ENTIRE AGREEMENT/REQUIREMENT OF A WRITING It is understood and agreed that the entire agreement of the parties is contained herein and that this Contract supersedes all oral and written agreements and negotiations between the parties relating to the subject matter hereof, as well as any previous contract presently in effect between the parties relating to the subject matter thereof. Any alterations, variations, or modifications of the provisions of this Contract shall be valid only when they have been reduced to writing and duly signed by the parties herein. -5- IN WITNESS WHEREOF, the Municipality, by its governing body has caused this Contract to be signed by its Mayor and attested by its Clerk, and the County of Anoka, by resolution of the County Board of Commissioners, has caused this Contract to be signed by the County Sheriff, Chairman of the County Board of Commissioners, and attested by the County Administrator, all on the day and year first above written. COUNTY OF ANOKA CITY OF ANDOVER By: By: Margaret Langfeld, Chair County Board of Commissioners Its: Dated: Dated: ATTEST By: By: John "Jay" Mclinden County Administrator Its: Dated: Dated: By: Bruce Andersohn Sheriff Dated: APPROVED AS TO FORM By: Dan Klint Assistant County Attorney Dated: dk\contract\2007\andover-lec-2006-0264.doc -6- @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and City Council CC: Jim Dickinson, City Administrator FROM: Vicki V olk, City Clerk SUBJECT: Approve 2007 ContractfTimeSaver Secretarial Service DATE: December 19, 2006 INTRQDUCTION TimeSaver Secretarial has provided the city with a contract for minute taking in 2007. DISCUSSION The proposed contract reflects an increase of 3 percent and extends the expiration date to December 31, 2007. ACTION REQUIRED Council is requested to approve the 2007 contract with TimeSaver Secretarial Service. Respectfully submitted, r:LL. aa Vicki V olk City Clerk Attach: 2007 Contract r, ADDENDUM TO RECORDING SECRETARY SERVICE AGREEMENT Dated: December 31, 2006 By and between TimeSaver Off Site Secretarial, Inc. and the City of Andover, 1685 NW Crosstown Boulevard, Andover, MN 55304. 1. EXTENSION OF RECQRDING SECRETARIAL SERVICE AGREEMENT: The term of the existing Recording Secretary Service Agreement dated December 31, 2005 shall be extended under the same terms and conditions to December 31, 2007. 2. TOSS Charges. TOSS shall be paid for its services as recording secretary for each rneeting (the highest rate will prevail), as follows: a. Base Rate of One Hundred Nineteen and 00/100 dollars ($119.00) for any meeting up to one (1) hour (billable time) plus Twenty-nine and 35/100 dollars ($29.35) for each thirty (30) minutes following the first one (1) hours; Q! b. Twenty-five and 50/100 dollars ($25.50) per hour for length of meeting, and fifteen (15) minutes prior to Call to Order and fifteen (15) minutes following Adjournment with a one and one-half (1.5) hour minimum; and Eleven and 25/1 00 dollars ($ll.25) for each page of minutes prepared from shorthand or machine notes of the recording secretary as draft minutes for submission to and the review and comment of the City of Andover for their preparation of final minutes. At the end of the term of this Addendum or any extension of it, the parties may make a new Agreement or extend or modify the terms of this Agreement. IN WITNESS WHEREOF, the undersigned have executed this Addendum to the Recording Secretary Service Agreement as of the day and year indicated. January _, 2007 CITY OF ANDOVER By Vicki Volk Its City Clerk December~ 2006 TIMES^, VER OFF SITE SE~RETARlAL, INC. By (ijLtitv 7J'K(/tii~ Carla Wirth Its President & CEO @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US CC: Jim Dickinson, City Administrator TO: Mayor and Council Members FROM: David Berkowitz, City Engineer SUBJECT: Approve 2007 Tri-City GIS Contract - Engineering DATE: December 19, 2006 . INTRODUCTION The City Council is requested to approve the GIS Tri-City Contract for the year 2007. This contract is between the Tri-City Group (Andover, Fridley and Columbia Heights) and the 3M Company. DISCUSSION The City will receive 20 hours per week of GIS service through this contract. The current contract has been increased by 5% from the previous year. The amount of the 2007 contract is $3l,075.00. In 2006 the GIS Rangers joined with 3M as part of 3M's Traffic Safety Systems Division. They have ensured Tri-City that they will continue to provide the excellent service that we have become accustom to for several years. BUDGET IMPACT The funding is budgeted frorn the drainage and mapping fund, water, sanitary and storm sewer funds, Lower Rum River Watershed Management Organization and right-of-way management fees. ACTION REQUIRED The City Council is requested to approve the GIS Tri-City Contract for the year 2007. Respectfully submitted, David D. Berkowitz Attachments: Consulting Services Agreement,/' Q.~:I2IJ . cc: Blaine Hackett, 3M Traffic Safety Systems Division, 3M Center Building 225, St. Paul, MN 55144 CONSULTING SERVICES AGREEMENT This Agreement is made as of ,200_ (the "Effective Date"), by and between 3M COMPANY, a Delaware corporation, acting through its Traffic Safety Systems Division ("3M" or "Contractor") and the Tri-City GIS Joint Powers Organization, consisting of the Cities of Fridley, Columbia Heights and Andover, hereinafter "Tri-City." 3M and Tri-City are collectively referred to as "Parties" and individually as a "Party." WHEREAS, Tri-City requires services to provide GIS technical assistance to the Cities of Andover, Columbia Heights and Fridley; WHEREAS, Contractor desires to and is capable of providing the necessary services according to the terms and conditions stated herein; NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein the parties agree as follows: l. TERM 1.1 Term. The term of this Contract shall be from January l, 2007, through December 3l, 2007, unless earlier terminated by law or according to the provisions of this Contract. 2. CONTRACTOR'S OBLIGATIONS 2.1 General Description~ Contractor will provide 2,405 hours annually of onsite GIS technical assistance to Tri-City. The Contractor will spend approximately 80 hours per month per each city in Andover and Fridley, and approximately 40.5 hours per month in the City of Columbia Heights. Additional hours may be contracted as provided in Section 3.4. 2.2 Conformance to Specification. The Contractor will provide the Services as set forth in Exhibit A. 2.3 Limited Warrantv 3M warrants that the Services will be performed in a safe, professional and workmanlike manner consistent with the applicable industry standards and this Agreement. 3M MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTY ARISING OUT OF A COURSE OF DEALING, A CUSTOM OR USAGE OF TRADE. 3. PAYMENT 3.l Service Fees The Contractor's fees for Services are set forth below ("Service Fees"). Service Fees do not include any taxes that may be due based on the Service Fees, or for reimbursable expenses, for which Tri-City agrees to pay directly or reimburse 3M. Total Service Fees: $77,145.00 to be allocated as follows: Andover-$3l,075.00,or40%; Fridley-31,075.00,or40%; Columbia Heights-$l4,995.00, or 20% 3.2 Invoices. Contractor shall, within fifteen (l5) working days following the last day of each calendar month in which services were provided, submit an invoice on an invoice form acceptable to Tri-City. This invoice shall itemize l) the hours of services rendered listed by classification, 2) the date such services were provided, 3) a general description of the services provided, 4) the name of client receiving services, 5) the amount and type of all reimbursable expenses being charged to the Contract, 6) the dates of the performance period covered by the invoice. 3.3 Time ofPavment. All invoices are due within thirty days from the invoice date. IfTri-City disputes any portion of Contractor's invoice, then Tri-City will: (a) pay any amount not in dispute by the due date; and (b) within five business days after receipt of that invoice, inform Contractor in writing of the disputed amount and the specific reason(s) for withholding payment. On 2 Contractor's receipt of this, the Parties will work together in good faith to resolve such disputes in a prompt and mutually acceptable manner. Tri- City agrees to pay any disputed amounts within five days after the issues have been resolved. 3.4 Tri-City shall have the right to request changes within the scope of the Services; however, all such changes are subject to acceptance by Contractor. If any change causes an increase or decrease in the fees, or in the time required for performance, prior to commencing the services required by the requested change, Contractor shall notify Tri-City of such increase or decrease and the Agreement shall be modified in writing accordingly. Contractor shall not proceed with any change until a written amendment has been accepted by Contractor; however Contractor's right to payment for such change shall not be affected in the event Contractor agrees in writing to proceed prior to the completion of such amendment. 4. COMPLIANCE WITH LAWS/STANDARDS 4.1 General. Contractor shall abide by all Federal, State or local laws, statutes, ordinances, rules and regulations now in effect or hereinafter pertaining to this Contract or to the facilities, programs and staff for which Contractor is responsible. 5. INDEPENDENT CONTRACTOR STATUS Contractor is an independent contractor and nothing herein contained shall be construed to create the relationship of employer and employee between Tri-City and Contractor. Contractor shall at all times be free to exercise initiative, judgment and discretion as to how to best perform or provide services. 6. INDEMNIFICATION Contractor shall indemnify, hold harmless and defend Tri-City, its members, officers and employees against any and all liability, loss, costs, damages, expenses, claims or actions, including attorneys' fees which Tri-City, its officers or employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any negligent or willful act, or negligent or willful omission of Contractor, its agents, servants or employees, in the execution, performance, or failure to adequately perform Contractor's obligations pursuant to this Contract. 3 ~ 7. INSURANCE 7.l General Terms. In order to protect itself and to protect Tri-City under the indemnity provisions set forth above Contractor shall, at Contractor's expense, procure and maintain policies of insurance covering the term of this Contract, as set forth below. Such policies of insurance shall apply to the extent of, but not as a limitation upon or in satisfaction of, the indemnity provisions herein. All retentions and deductibles under such policies of insurance shall be paid by Contractor. Each such policy shall not be canceled by the issuing insurance company without at least thirty (30) days written notice to Tri -City of intent to cancel. 7.2 Coverage. The policies of insurance to be obtained by Contractor pursuant to this section shall be purchased from a licensed carrier and shall include the following: A) Professional Liability (1) A professional liability insurance policy covering personnel of Contractor, if any, who provide professional services under this Contract, which shall include the following coverages at a minimum: Personal Injury/Damage: $200,000 per person $600,000 per occurrence B) Workers' Compensation If applicaple, Contractor shall procure and maintain a policy that at least meets the statutory minimum. 7.3 Certificates. Prior to or concurrent with execution of this Contract, Contractor shall file certificates or certified copies of such policies of insurance with Tri-City. 7.4 Failure to Provide Proof of Insurance. Tri-City may withhold payments for failure of Contractor to furnish proof of insurance coverage or to comply with the insurance requirements as stated above until such time the Contractor complies with the requirements of this Section. 4 8. SUBCONTRACTING Contractor shall not enter into any subcontract for the performance of the services contemplated under this Contract nor assign any interest in the Contract without prior written consent of Tri-City. 9. DEFAULT 9.1 Inability to perform. Contractor shall make every reasonable effort to maintain staff, facilities, and equipment to deliver the services to be purchased by Tri-City. Contractor shall immediately notify Tri-City in writing whenever it is unable to or reasonably believes it is going to be unable to provide the agreed upon quality of services. Upon such notification, Tri-City shall determine whether such inability requires a modification or cancellation of this Contract. 9.2 Duty to Mitigate. Both parties shall use their best efforts to mitigate any damages which might be suffered by reason of any event giving rise to a remedy hereunder. 10. TERMINATION lO.l With or Without Cause. Notwithstanding any other provision of this Contract, either Party may terminate this Contract at any time for any reason by giving thirty (30) days written notice to the other. Tri-City shall pay to Contractor the reasonable value of services received from Contractor as of the termination date. lO.2 Notice of Default. Either Party may terminate this Contract for cause by giving ten (10) days written notice of its intent. Said notice shall specify the circumstances warranting termination of this Contract. 10.3 Failure to Cure. If the Party in default fails to cure the specified circumstances as described by the notice given under the above paragraph within the ten (lO) days, or such additional time as may be mutually agreed upon, then the whole or any part of this Contract may be terminated by written notice. 5 F lOA Notice of Termination. Notice of Termination shall be made by certified mail or personal delivery . to the other Party's Authorized Representative. Notice of Termination is deemed effective upon delivery to the address of the Party as stated in paragraph l2. 10.5 Effect of Termination. Termination of this Contract shall not discharge any liability, responsibility or right of any Party which arises from the performance of or failure to adequately perform the terms of this Contract prior to the effective date. of termination, in accordance with the laws of the State of Minnesota. II. CONTRACT RIGHTS/REMEDIES ll.l Rights Cumulative. All remedies. available to either Party under the terms of this Contract or by law are cumulative and may be exercised concurrently or separately, and the exercise of anyone remedy shall not be deemed an election of such remedy to the exclusion of other remedies. l1.2 Waiver. Waiver for any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of this Contract shall not be construed to be modification for the terms of this Contract unless stated to be such in writing and signed by authorized representatives ofTri-city and Contractor. 11.3 Force Maieure Contractor will not be responsible for the delay in its performance of any obligation under this Agreement caused by acts of God, legal restrictions, or any other similar conditions beyond the control of Contractor. 12. AUTHQRIZED REPRESENTATIVE Notification required to be provided pursuant to this Contractshall be provided to the following named persons and addresses unless otherwise stated in this Contract, or in a modification of this Contract. 6 r; To Contractor: Division Vice President Traffic Safety Systems Division 3M Center Building 225 ST. Paul, MN 55144 Fridlev: Director of Public Works City of Fridley 643l University Avenue NE Fridley, MN 55432 13. MODIFICATIONS Andover: City Engineer City of Andover 1685 Crosstown Boulevard NW Andover, MN 55304 Columbia Heights: Public Works Director City of Columbia Heights 637 - 38th Avenue NE Columbia Heights, MN 55421 Any alterations, variations, modifications, or waivers of the provisions of this Contract shall only be valid when they have been reduced to writing, and signed by authorized representatives ofTri-City and Contractor. 14. LIMITATION OF LIABILITY. NEITHER PARTY WILL, UNDER ANY CIRCUMSTANCES, BE LIABLE TO THE OTHER PARTY FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO THE SERVICES, THIS AGREEMENT OR THE TERMINATION OF THIS AGREEMENT. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH DAMAGES ARE SOUGHT. l5. SEVERABILITY The provisions of this Contract shall be deemed severable. If any part of this Contract is rendered void, invalid, or unenforceable, such rendering shall not . affect the validity and enforceability of the remainder of this Contract unless the part or parts which are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Contract with respect to either Party. 7 :-1 l6. MERGER Final Agreement. This Contract is the final statement of the agreement of the Parties and the complete and exclusive statement of the terms agreed upon, and shall supersede all prior negotiations, understandings or agreements. There. are no representations, warranties, or stipulations, either oral or written, not herein contained. l7. DISPUTE RESOLUTION l7.l This Agreement will be construed and enforced according to the laws of the State of Minnesota, without regarding to its conflicts of law rules. Any litigation regarding this Agreement must be filed and maintained in the state or federal courts of the State of Minnesota and the Parties consent to the personal jurisdiction of such courts. No provision of this Section l7 will preclude either Party seeking injunctive relief to prevent immediate or irreparable harm to it, but the mediation stated in Section 17.3 will otherwise be fully exhausted before the commencement of any litigation. 17.2 EACH PARTY IRREVOCABLY WAIVES ANY RIGHT TO A JURY TRIAL WITH RESPECT TO ANY CLAIMS OR DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT. Any lawsuit or other action, regardless of form, relating to this Agreement, including, without limitation, an action for breach of warranty, must be commenced within one year after the later of: (a) date on which the breach of warranty or other cause of action occurred; or (b) date on which that Party knew or should have known of that breach of warranty or other cause of action. l7.3 Prior to commencement of any litigation regarding this Agreement, the Parties agree to voluntary, non-binding mediation to resolve any dispute they may have. The mediation will be conduct by a rnutually selected mediator (or if the Parties cannot agree, by a mediator selected by the CPR Institute for Dispute Resolution), in accordance with the CPR Institute's Model Procedure for Mediation of Business Disputes. The Parties will each pay its own attorneys' fees and will share equally the other mediation costs. While this mediation will be non-bindilig in all respects (except agreements in settlemerit of the dispute negotiated by the Parties), each Party will appear when directed by the mediator, be fully prepared to work toward the dispute's resolution, and participate in good faith. If the mediation does not result in a mutually satisfactory resolution of the dispute within ninety days after it is begun, either Party may commence an action as permitted under Sections l7.1 and 17.2. All negotiations between the Parties pursuant to this Section 17 will be treated as compromise and settlement negotiations for 8 n purposes of the applicable rules of evidence. IN WITNESS WHEREOF, the parties hereto have executed this Contract on the date(s) indicated below. Title: TRl-CITY GIS ORGANIZATION By: Title: CONTRACTOR By: Date: Date: By: Title: Date: By: Title: Date: 9 :1 Exhibit A Contractor shall provide the following services generally described as GIS On- Site Support, including but not limited to: . Maintain and edit all GIS datasets being used for Companies GIS . Create new datasets by: o Heads up digitizing o Merging new datasets o Spatial analysis o Geoprocessing o Geocoding . Create and update GIS rnaps . Advise Tri-City on GIS projects and software . Maintain and keep records of GIS-related software and software licenses . Customize GIS software where applicable . Customize and maintain GIS related web pages Other non-GIS services: . Create and maintain Microsoft Access databases . Customize forms and reports using Microsoft Access 10 CJE) 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US FROM: Lee Brezinka, Assistant Finance Director TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator / Finance Director SUBJECT: 2007 Improvement Projects & Equipment DATE: December 19,2006 INTRODUCTION The Andover City Council is requested to approve the following 2007 Improvement Projects and Equipment. DISCUSSION The Andover City Council, as part of the December 5,2006 Council meeting, officially adopted the 2007- 2011 Capital Improvement Plan and today, December 19,2006, will officially adopted the 2007 Annual Operating Budget. Included in the adopted budget are the following improvement projects and equipment funded by various revenue sources: Project Amount Funding Source Carpet Replacement Annual Parking Lot Maintenance Communication Radios Radius Master Machine Carpet - Westside Entrance Walk Behind Floor Scrubber $ 10,000 20,000 10,000 8,400 8,000 7,500 $ 63,900 General Fund Capital Projects Levy Capital Projects Levy Capital Projects Levy Community Center Community Center BUDGET IMPACT The improvement projects and equipment were part of the 2007-2011 Capital Improvement Plan and budgeted in the 2007 Operating Budget. ACTION REQUESTED The City Council is requested to approve moving forward with the 2007 Improvement Projects and Equipment and authorize staff to start the procurement process for acquiring the equipment. Respectfully submitted, ~?J~ Lee Brezinka (@) 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: Reimbursement Resolution / 2007 Equipment Purchases DATE: December 19,2006 INTRODUCTION The Andover City Council is requested to approve the reimbursement resolution to provide reimbursement for the equipment purchases approved through the 2007-2011 City of Andover Capital Improvement Plan (CIP) and the annual budget process. DISCUSSION The Andover City Council, as part of the December 5,2006 Council meeting, officially adopting the 2007-2011 Capital Improvement Plan and on December 19, 2006 will officially adopted the 2007 Annual Operating Budget that included $711,500 for General Obligation Equipment Notes planned for purchasing Public Safety and Public Works equipment (see Exhibit A). BUDGET IMPACT The equipment purchases were part of the 2007-2011 Capital Improvement Plan and budgeted in the 2007 Operating Budget. ACTION REOUESTED The City Council is requested to approve the attached resolution providing for reimbursement of the equipment purchases. The City Council is also requested to authorize staff to start the procurement process for acquiring the equipment. Attachments: Reimbursement Resolution Exhibit A CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Council member to adopt the following: A RESOLUTION RELATING TO FINANCING OF CERTAIN PROPOSED PROJECTS TO BE UNDERTAKEN BY THE CITY OF ANDOVER ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE. WHEREAS, the Internal Revenue Service has issued Section 1.103-18 of the Income Tax Regulations (the "Regulations") dealing with the issuance of bonds, all or a portion of the proceeds of which are to be used to reimburse the City for project expenditures made by the City prior to the time of the issuance of the bonds; and WHEREAS, the Regulations generally require that the City make a prior declaration of its official intent to reimburse itself for such prior expenditures out of the proceeds of a subsequently issued borrowing, that the borrowing occur and the reimbursement allocation be made from the proceeds of such borrowing within one year of the payment of the expenditure or, if longer, within one year of the date the project is placed in service, and that the expenditure be a capital expenditure; and WHEREAS, the City desires to comply with requirements of the Regulations with respect to certain projects hereinafter identified; NOW THEREFORE BE IT RESOLVED that the City of Andover, Minnesota adopts a "declaration of official intent" pursuant to Section 1.103-18 of the Regulations. 1. Official Intent Declaration (a) The City proposes to undertake the following projects described on Exhibit A attached hereto. (b) Other than (i) expenditures to be paid or reimbursed from sources other than a borrowing or (ii) expenditures permitted to be reimbursed pursuant to the transition provision of Section 1.103-18(1)(2) of the Regulations or (Hi) expenditures constituting preliminary expenditures as defined in Section 1.103(1 )(2) of the Regulations, no expenditures for the foregoing projects as identified on Exhibit A have heretofore been made by the City and no expenditures will be made by the City until after the date of this Resolution. (c) The City reasonably expects to reimburse the City expenditures made for costs of designated projects out of the proceeds of debt (the "Bonds") to be incurred by the City after the date of payment of all or a portion of the costs. All reimbursed expenditures shall be capital expenditures as defined in Section 1.150-1(h) of the Regulations. (d) This declaration is a declaration of official intent adopted pursuant to Section 1.103-18 of the Regulations. 2. Budaetarv Matters. As of the date hereof, there are no City funds reserved, allocated on a long-term basis or otherwise, set aside (or reasonably expected to be reserved, allocated on a long-term bases or otherwise set aside) to provide permanent financing for the expenditures related to the projects, other than pursuant to the issuance of the Bonds. This resolution,. therefore, is determined to be consistent with the City's budgetary and financial circumstances as they exist or are reasonably foreseeable on the date hereof, all within the meaning and content of the Regulations. 3. Filina. This resolution shall be filed within 30 days of its adoption in the publicly available official books and records of the City. This resolution shall be available for inspection at the office of the City Clerk at the City Hall (which is the main administrative office of the City) during normal business hours of the City on every business day until the date of issuance of the Bonds. 4. Reimbursement Allocations. The City's financial officer shall be responsible for making the "reimbursement allocations" described in the Regulations, being generally the transfer of the appropriate amount of proceeds of the Bonds to reimburse the source of temporary financing used by the City to make payment of the prior costs of the projects. Each allocation shall be evidenced by an entry on the official books and records of the City maintained for the Bonds, shall specifically identify the actual prior expenditure being reimbursed or, in the case reimbursement of a fund or account in accordance with Section 1.103-18, the fund or account from which the expenditure was paid, and shall be effective to relieve the proceeds of the Bonds from any restriction under the bond resolution or other relevant legal documents for the Bonds, and under any applicable state stat!Jte, which would apply to the unspent proceeds of the Bonds. MOTION seconded by Council member and adopted by the City Council of the City of Andover on this day of with Council members voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk CITY OF ANDOVER Project Description: Rescue Truck New Mobile Data Terminals in Fire Trucks Thermal Imaging Camera Replacement - Hydraulic Rescue Equipment Hose Washer / Tester Mounted Pothole Spray Patcher Replacement - Dump Truck w/ Snow Removal Railroad Quiet Zones Replacement - Self-Propelled-48" Sweeper Zero Turn Mower Replacement - Toro Groundmaster 328 Exhibit A $ 40,000 30,000 14,000 30,000 8,000 l50,000 200,000 l80,000 20,000 7,500 32,000 $ 711,500 00 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Approve Donations for 2007 Senior Class All Night Parties DATE: December 19, 2006 INTRODUCTION The City is starting to receive requests from the Senior All Night Party Donation Committees for a City donation to help fund activities in support of a High School Senior All Night Party. DISCUSSION For 2006 the City Council approved donations of $2.00 per student who are graduating that are Andover residents to all requesting senior class parties. The question is whether or not the City Council wants to proceed with that direction again in 2007. The donation amount would be used to assist each association to hold the All Night Party, with funds being used for foods, events and other miscellaneous items that celebrate the accomplishments of the graduating senior class. The City Council, pursuant to the Public Purpose Expenditure Policy adopted by the Council provides for such a donation. The All Night Party's primary goal is to provide a safe atmosphere for graduating seniors by keeping them off the road and in a supervised environment. Parents coordinate and supervise the "party" and volunteer their time to the event. BUDGET IMPACT Funding for a donation is available through the City's Charitable Gambling Fund. Estimate of the total donation to all requesting schools in 2007 would be $1,200. ACTION REOUESTED Approve donations of $2.00 per student who are graduating that are Andover residents to all requesting senior class parties in 2007. @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members CC: Jim Dickinson, City Administrator / Finance Director FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Accept Contribution/Andover Huskies Youth Hockey Association/Community Center DATE: December 19,2006 INTRODUCTION This item is in regard to approving a resolution accepting a contribution made by the Andover Huskies Youfu Hockey Association to be used towards fue purchase of picture frames ($1,150.00) in fue ice arena and sporting equipment ($750.00) in the field house at the Andover YMCA Community Center. DISCUSSION The Andover Huskies Y oufu Hockey Association have made a one-time contribution of $1,900.00. ACTION REOUIRED The City Council is requested to approve fue resolution accepting the contribution. Respectfully submitted, 'ci?5~ Lee Brezinka Attachments: Resolution CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ACCEPTING A CONTRIBUTION MADE TO THE CITY OF ANDOVER TO BE USED TOWARDS THE PURCHASE OF PICTURE FRAMES IN THE ICE ARENA AND SPORTING EQUIPMENT IN THE FIELD HOUSE OF THE ANDOVER YMCA COMMUNITY CENTER. WHEREAS, any contributions that are to be made to the City of Andover must be accepted by the City Council; and WHEREAS, the contribution from the Andover Huskies Youth Hockey Association of $1,900.00 is to be used towards the purchase of picture frames in the ice arena and sporting equipment in the field house of the Andover YMCA Community Center. NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the contribution, which is to be used towards the purchase of picture frames in the ice arena and sporting equipment in the field house of the Andover YMCA Community Center. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 19th day of December 2006, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk ~ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US CC: Jim Dickinson, City Administrator / Finance Director TO: Mayor and Councilmembers FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Adopt 2007 Fee Ordinance DATE: December 19, 2006 INTRODUCTION Each year. staff reviews the fees that are charged for various permits, licenses, service charges and other items and recommends changes to certain fees. DISCUSSION The proposed 2007 Fee Ordinance is attached. Additions are highlighted in red and deletions are designated with a strike-through. Also attached is the summary of the ordinance to be published. BUDGET IMPACT The edit lists consist of routine payments with expenses being charged to various department budgets and projects. ACTION REOUlRED The Andover City Council is requested to adopt the attached Fee Ordinance for 2007 effective January 1, 2007 and the summary of the ordinance for publication. Respectfully submitted, 7J-rJ~ Lee Brezinka Attachments: 2007 Fee Ordinance Summary of 2007 Fee Ordinance CITY OF ANDOVER COUNTY OF ANOKA STATE QF MINNESOTA QRD. NO. 318 SUMMARY AN ORDINANCE ESTABLISHING PERMIT FEES, SERVICE CHARGES AND VARIOUS OTHER FEES TO BE CQLLECTED BY THE CITY OF ANDOVER. The City Council of the City of Andover ordains: Section 1. Pursuant to Minnesota Law, the Andover City Code and upon a review by city staff, a fee schedule for city services, permit fees and various other fees is hereby adopted. 2007 Fee Schedule a) The city code of the City of Andover establishes that certain fees be set from time to time by the City Council. b) City staff has reviewed the current Fee Schedule for the City of Andover and is hereby recommending that the 2007 Fee Schedule, which is available for inspection in the office of the City Clerk, be adopted. c) Upon consideration and review by the City Council, the 2007 Fee Schedule is hereby adopted and becomes effective January 1,2007. Section 2. This ordinance shall be in full force and effect January l, 2007. Adopted by the City Council of the City of Andover this 19!!l day of December, 2006. CITY OF ANDOVER Attest: Michael R. Gamache - Mayor Victoria V olk - City Clerk G:\FINANCE\AGENDA\2006\12R19-06\2007 Fee Sched Summary. DOC CITY QF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA ORD. NO. 318 AN ORDINANCE AMENDING CITY CODE l-7-3 ESTABLISHING PERMIT FEES, SERVICE CHARGES, AND VARIOUS OTHER FEES TO BE COLLECTED BY THE CITY OF ANDQVER. THE CITY COUNCIL OF THE CITY OF ANDQVER HEREBY RESOLVES: The following permit fees and service charges are hereby established for the year 2007 ~. Administration: Administrative Fee: (non proiect related activity) 15% ~ of total charges for overhead costs Approval/Recording of Deeds: Abstract & Torrens Properties $60.00 $-W;OO Includes Anoka County Fee $46.00 + Staff Time Bad Check Fee: . $30.00 . Canvasser/Solicitor License: N/C - 30 day license City Publications: Budget $25.00 Financial Statements $25.00 Comp Plan $25.00 Copies: (per sheet) . Up to 8 \/," x 14" $0.35 Oversize $0.50 18"x24" $3.00 24"x36" $4.00 Larger Sizes $7.00 Surveys $3.00 Surveys Requested by Owner $1.25 Ordinance 8 $25.00 Ordinance 1 0 $10.00 All other Ordinances $1.00 . Dog Licensing: Yearly License $6.00 per year Corrnnercial Kennel (more than 3 dogs) $250.00 Includes mailing labels Commercial Kennel Recording Fees Abstract and Torrens $60.00 $-W;OO Includes Anoka County Fee $46.00 + Staff Time Private Kennel (more than 3 dogs) $200.00 Includes mailing labels Annual Kennel Renewals $25.00 Facility Use Fees: Sunshine Park Gazebo Rental $30.00 per 4 hour period Non-Profit/Service Organizations N/C weeknights after 4:30 p.m Monday - Friday Sunshine Park Conference Room Non-Profit/Service Organizations $50.00 refundable key/damage/maintenance deposit For-Profit Organizations.lBusinesses $25.00 + $50.00 refundable key/damage/maintenance deposit Sunshine Park Building - Athletic Assns $50.00 refundable key/damage/maintenance deposit City Hall Conference Room A Non-Profit/Service Organizations $50.00 refundable key/damage/maintenance deposit for mtgs after 4:30 p.m For-Profit OrganizationslBusinesses $25.00 + $50.00 refundable key/damage/maintenance deposit City Hall Conference Room B N on-Profit/Service Organizations $50.00 refundable key/damage/maintenance deposit for mtgs after 4:30 p.m For-Profit OrgslBusinesses $25.00 + $50.00 refundable/kev/damage/maintenance deposit G:\FINANCE\PROJECTSIBudget\Budget 2007\Fee Schedule - 2007 .DOC Page 1 Maps: City Maps $3.00 Zoning Maps 11 "x17" colored $4.00 Topographical Maps $11.00 per acre Full Size Color Maps 36"x36" $15.00 Yz Section / Address Book $38.00 Custom GIS Maps Time and materials Notarv Fee: $3.00 per document Outdoor Food & Beverage Sales/Temp. . Retail Food Establishment: $25.00 - 10 day license . Outdoor Party Permit Fee: $10.00 Barricades $50.00 refundable damage deposit Outdoor Promotional Fee- Temporarv: $100.00 per event Peddler License: $100.00 - 30 dav license Project Recovery Rate Factor: Engineering Inspection Services 2.9 x hourly rate City Staff Services 2.0 x hourly rate (All projects directly related to staff time. All public & private improvement projects.) Special Assessment Searches: . $25.00 each Therapeutic Massage Establishment **: All fees include investigation fee . Single Application Fee $200.00 Corporate Application Fee $300.00 Partnership Application Fee $300.00 Renewal Fee $150.00 ** Reauires Conditional Use Permit Theraneutic Massa!!e Theranist: . $175.00 annuallv Tobacco License: Admin & Enforcement . $250.00 Tobacco Comoliance Violations 1 st Violation $75.00 2nd Violation within 24 months $200.00 3'd Violation within 24 months $250.00 in addition to license suspension for not less than 7 days Individual selling to a minor $50.00 Transient Merchant License: $50.00 - 7 dav license Tree Trimmer License: . Commercial License Fee $50.00 per year Vehicle Sales License: $105.00 per vear G:IFINANCElPROJECTSlBudgeIIBudgeI2007IFee Schedule. 2007.DOC Page 3 Plan Check Trees ProtectionlInspection: $65.00 Plan Check Fees: Residential 65% ofoermit fee Plumbing: (per opening) $10.00 (Minimum fee $50.00) (State Surcharge Add 50~) Re-roofinl!" Permit: $50.00 (State Surcharge Add 50~) Rental Housing License (see ord.): Structures without fire suppression systems $75.00 per unit inspected every two years (except owner occupied) Bldg code & fIre code inspections. Structures with fire suppression systems $52.00 per unit inspected every two years (except owner occupied) Bldg. Code & fIre code inspections. This includes conunon areas in the building. Re-insnection Fee per Call (2nd) $47.00 Seotic Svstem Pumpinl!: $15.00 . Sidinl! Permit: $50.00 (State Surcharge Add 50~) Well & Septic Verification Processinl!: $5.00 G:\FINANCE\PROJECTSIBudgeIIBudgel 2007\Fee Schedule. 2007.DOC Page 5 CITY INSTALLED IMPROVEMENTS Part A of DeveloDment Contract 1. Developer's Imorovements Costs . Erosion Control................................................................................................................................ $750.00 . Tree Protection.... ................................... ................................................... ..... .................................. $750.00 . Street Sweeping............................................................................................................................. $1,000.00 . Iron Monuments .................................................................................................................. $100.00 per Lot . Grading, Clearing & Grubbing Certification, As-Builts .............................. Value of Work Not Completed . Tree Removal.........................................,..................................................................................... $1,000.00 . Installation of Street Lights ......................................................................... Value of Work Not Completed . Grading Certification & As-Builts ................................................................................................ $2,500.00 . Landscaping Improvements (if required) .................................................... Value of Work Not Completed . Sodding of Boulevard (if required in common areas) ................................. Value of Work Not Completed . The estimated engineering, legal, and administrative fees are 15% of the total estimated cost for the developer's improvements. . The total Developer's Improvement costs (including engineering, legal, and administrative) are then multiplied by 150% to establish the Developer's Security for the project. Part B of DeveloDment Contract 1. Developer's Imorovements Costs . Streets & Utilities (Based on Developer's estimated construction cost).. ......... ........ ........... Value of Work . Trails/Sidewalks.......... ............ ............. ..... .... ................. ...... .......... ... ...'.. .......Value of Work . The estimated engineering, legal, and administrative fees are 15% of the total estimated cost for the developer's improvements. . The total Developer's Improvement costs (including engineering, legal, and administrative) are then multiplied by 105% to establish the Developer's Security for the project. 2. Proiect Security Reouirements Prior to Final Street & Utility Plans & Specifications are as follows: a. Developer to escrow 6% of estimated construction cost to complete street and utility construction plan, if plans are requested prior to the execution of the development contract. This will be returned to the developer when the development contract is executed. This only applies to urban developments. SDecial Assessment Costs (estimated) 1. Estimated Construction Costs (costs vary according to project requirements): ./ Lateral Sanitary Sewer ./ Storm Sewer ./ Trunk Sanitary Sewer ./ Streets ./ Lateral Water Main ./ Sidewalks ./ Trunk Water Main ./ Other All project cost estimates are identified within the project feasibility report. The construction cost estimates are based on current industry construction cost standards. The [mal construction costs are based on competitive bids and final construction quantities. Development of Street & Utility Feasibility Report. ......... .......... ............... .......... .$5,000.00 2. Estimated Project Expenses: ./ Engineering - The estimate is based upon project size, scope and complexity. The amount assessed is based upon billable hourly rates times project recovery rate factor. ./ Aerial Mapping - 1 % of Street. The estimate is based upon I % of the value of the street construction. The final value is based upon 1 % of the final street costs. ./ Administration - 3%. The estimate is based upon 3% of the estimated construction cost. The final value is based upon 3 % of the final construction cost. ./ Assessing - I %. The estimate is based upon 1 % of the estimated construction cost. The final value is based upon I % of the final construction cost. ./ Legal - Legal costs will be actual billing. G:IFINANCElPROJECTSIBudget\BudgeI2007IFee Schedule - 2007.DOC Page 7 2. Proiect Security Reauirements Prior to Final Street & Utility Plans & Specifications are as follows: a- Developer to escrow 6% of estimated construction cost to complete street and utility construction plan, if plans are requested prior to the execution of the development contract. This will be returned to the developer when the development contract is executed. This only applies to urban developments. . 3. City Costs includinl! enl!ineering (desil!1lt inspection and City related proiect costs. The amount of expenses shall be invoiced to the developer as wheft work is comoleted. G:IFINANCEIPROJECTSlBudgetIBudget 2007lFee Schedule. 2007.DOC Page 9 Parks Ball Field Usage: Adult Rec Play $75.00 per team, per season $10.00 additional, per player, non-resident fee Youth Rec Play $0.00 per team, per person $0.00 additional, per player, non-resident fee Note: Includes the use of fields for both lighted and non-lighted Field without Lights (Private Use) $15.00 per hour or $75.00 per day Field with Lights (Private Use) $20.00 per hour or $100.00 per day Rental Eauipment for Tournament Limer Lime Drag Hose and Nozzle Batter's Box $6.00 per tournament $7.00 per bag $3.00 per tournament $3.00 per tournament $3.00 per tournament Weekend Tournaments No Field Maintenance/Adult $275.00 tournament fee for the park plus $200.00 field usage fee per field No Field MaintenanceN outh $275.00 tournament fee for the park plus $100.00 field usage fee per field, youth organizations not affiliated with Andover Youth With Fi~ld Maintenance/Adult $650.00 tournament fee for the park plus $200.00 field usage fee per field With Field MaintenanceN outh $650.00 tournament fee for the park plus $100.00 field usage fee per field, youth organizations not affiliated with Andover Youth Note: 1 day tournaments will be charged 75% of the tournament and field usa e fee. Hockey Rinks: Rink with li ts (Adults Park Dedication Fees: Single Family Residences Town Home and Twin Home Apartment (Multi-Family) Lot Splits ConnnerciallIndustrial Vehicle Rental- Truckster: $18.00 erhour $2,515.00 $2, 425.90 per unit $2,515.00 $2, 425 .00 per unit $2,515.00 $2,425.90 per unit $2,515.00 $2, 425.00 per unit 10% of market value ofland ( er Ord. 10 Sec.9.07.5 $35.00 er da and $350.00 refundable dama e de osit G:\FINANCEIPROJECTSIBudgetIBudge\ 2007\Fee Schedule - 2007.DOcPage 11 Public Works Street Sweeping: Equipment Fee Labor Signs: Materials Labor rate factor Sanitary Sewer Hook-un Permit Fee: $40.00 (State Surcharge Add 50~) Laterals: $38.00 ~ per front foot . Plumbinl!:: Homeowner contracts for Sanitary Sewer Rates: Sewer Area Charge $1,434.00 $1,379.00 per acre Sewer Connection Fee $387.00 $372.00 per unit Commercial Connection Fee Rate = 1 connection fee for each SAC unit Sanitary Sewer Lift Station Connection Fee: Fox Hollow Lift Station $195.00 $1&&.00 per unit Shadow1Jrook Lift Station $851.00 $&21.00 per unit Chesterton Commons Lift Station (Lift Station #4) $830.00 $&OO.QO per unit Constance Comers Lift Station (Lift Station #7) $842.00 $& 12.00 per unit Aztec Estates Lift Station (Lift Station #5) $57,345.00 plus construction cost index percentage dated back to Jan. 2004 (Amount to be chanted to remainin!!: benefiting properties when developed.) Sanitary Sewer & Water Main Railroad Crossin!!: Fee: $176.00 $170.0Q per unit Sewer Availabilitv Charl!:e Met Council Fee: $1,675.00 $1,550.0Q Sewer Contracting: Equipment Fee $100.00 per hour Labor Fee Billable hourlv rate times proiect recovery rate factor Sewer Usage Rates: Penalty/Late Payment 18% annually W% Quarterly Rate $53.81 ~perquarter Monthly Rate $17.94 ~ per month Quarterly Rate (Senior Citizen Reduced Rate) $26.91 ~perquarter Monthly Rate (Senior Citizen Reduced Rate) $8.97 $SM per month Quarterly Rate (Disabled Persons Reduced Rate) $26.91 ~ per quarter Monthly Rate (Disabled Persons Reduced Rate) $8.97 $SM per month Storm Water Storm Water Utility Fee: Zoning Category Single Family Urban Single Family Rural, Estates, Suburban &Farmstead Manufactured Housing Multiple Dwelling Business, Commercial Industrial & Public Developed Parks Elementary & Middle Schools High Schools Churches Undevelo ed 0 en S ace Quarterly Rate Per Unit: $6.19 per unit $6.19 per unit N/A $13.61 per unit $26.00 per acre $6.19 per acre $12.36 per acre $12.36 per acre $12.36 per acre N/A G:\FINANCEIPROJECTSIBudgetIBudget 2007\Fee Schedule. 2007.DOcPage 13 $1.87 ~ per 1,000 for 33,001 - 67,000 $2.23 ~per 1,000 for 67,001 and above Monthly Minimum Penalty/Late Payment $5.60~ 18% Annually -W% Water Usage Rates (Cont): Ouarterlv Rate Structure $9.78 $9-d4 Base Rate $1.38 $-l-.;!9- per 1,000 for 1 sl 9,000 Gallons $1.43 $H4 per 1,000 for 9,001 - 21,000 $1.48 ~ per 1,000 for 21,001 - 36,000 $1.56 $-l-Mi per 1,000 for 36,001 - 60,000 $1.68 ~ per 1,000 for 60,001 - 99,000 $1.87 ~ per 1,000 for 99,001 - 201,000 $2.23 ~ per 1,000 for 201,001 and above Minimum per quarter Pena1tv/Late Pavrnent $11.15~ 18% Annually -W% Street Li htin Quarterly Charges: . Urban Residential Areas Rural Residential Areas Commercial Pro erty $6.50 per quarter $11.05 per quarter $6.50 er uarter Adopted by the City Council of the City of Andover this 19th ;Wtl> day of December 2006~. CITY OF ANDOVER Attest: Michael R. Gamache - Mayor Victoria V olk - City Clerk G:\FINANCElPROJECTSlBudget\Budget 2007IFee Schedule - 2007.DOC Page 15 oq) 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator / Finance Director FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Approve Transfer and Closing of Fund DATE: December 19, 2006 INTRODUCTION The Finance Department seeks approval to close the Unfmanced Capital Projects Fund. This fund was primarily used for miscellaneous projects that didn't have a primary funding source. The only activity in this fund is the collection of special assessment payments previously assessed. The current cash balance of ($42,602.64) is offset by $60,300.24 in special assessment receivables. DISCUSSION The recommended transfer of$l7,697.60 would take place from the PIR Capital Projects Fund. With this transfer, all future assessment payments would be reassigned to the PIR Capital Projects Fund. BUDGET IMPACT The transfer will provide for the closing of a fund no longer needed. ACTION REQUESTED The Andover City Council is requested to approve the aforementioned transfer and closing, including any residual entries necessary to complete the closure and the reassignment of revenue. Respectfully submitted, >j73~ Lee Brezinka NDbVE~ 00) 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: fun Dickinson, City Administrat Dan Winkel, Fire Chief .b. uJ SUBJECT: Review of Anoka County Multi Jurisdictional Hazard Mitigation Plan and Approval of Resolution to Adopt the Plan. FROM: DATE: December 19, 2006 INTRQDUCTION During the past two plus years staff has been working with the Anoka County Hazard Mitigation Planning Committee to develop a plan that all municipalities in Anoka County can review and adopt as the County Hazard Mitigation Plan. DISCUSSION As part of the Disaster Mitigation Act of 2000 city staff from all municipalities in Anoka County as well as Anoka County Emergency Management have worked very hard to compile the required information for a Countywide Hazard Mitigation Plan. The draft plan had to be reviewed by the State of Minnesota Homeland Security staff and approved prior to forwarding the plan to the Federal Emergency Management Agency (FEMA) for their final approval. Because of the due diligence of the Anoka County Emergency Planners, the County Plan not only passed through the State review but also the final FEMA approval without any changes as presented. Due to the length of the completed plan and security involved with some parts of the plan, staff has determined that a CD of the plan will be available for The Mayor and City Council to review. The entire plan will be kept and maintained by the City Emergency Manager. Please contact the City Administrator or City Emergency Manager when you may want to review the Hazard Mitigation Plan. BUDGET IMPACT There is no budget impact at this time. RECOMMENDATION Staff is recommending that the Mayor and City Council approve the resolution adopting the Anoka County Multi - Jurisdictional Hazard Mitigation Plan. );;~ Dan Winkel, Fire Chief CITY QF ANDQVER COUNTY OF ANOKA STATE QF MINNESOTA RESOLUTION NO. A RESOLUTION TQ ADOPT THE ANOKA COUNTY MULTI-JURISDICTIONAL HAZARD MITIGATION PLAN WHEREAS, the State of Minnesota has ordained that every county and incorporated municipality in the state is required to have a Hazard Mitigation Plan approved by the Minnesota Department of Homeland Security and Emergency Management, to maintain eligibility for state disaster assistance after November 2004; and WHEREAS, the Federal Emergency Management Agency (FEMA) under the Disaster Mitigation Act of 2000 has ordained that every county and incorporated municipality within the county is required to have a Hazard Mitigation Plan approved by FEMA in order to be eligible for Hazard Mitigation Grant Program Funding for Presidential disasters declared after November 2004; and WHEREAS, under the Disaster Mitigation Act of 2000, the Federal Emergency Management Agency (FEMA) has issued an Interim Final Rule that details the minimum criteria for local hazard mitigation plans; and WHEREAS, the City of Andover agrees with the concept of and necessity for hazard mitigation planning; and WHEREAS, The Anoka County Hazard Mitigation Planning Committee recommends the adoption of the Anoka County Multi - Jurisdictional Hazard Mitigation Plan; and Whereas, the Minnesota Department of Homeland Security and Emergency Management and the Federal Emergency Management Agency have conducted a review of and approved the Anoka County Multi - Jurisdictional Hazard Mitigation Plan; and WHEREAS, the Anoka County Board of Commissioners formally adapted the Anoka County Multi - Jurisdictional Hazard Mitigation Plan on November 28, 2006. NOW, THEREFORE, BE IT RESOLVED that the City of Andover hereby adopt the Anoka County Multi- Jurisdictional Hazard Mitigation Plan as submitted this 19th day of December, 2006 Adopted by the City Council of the City of Andover this 19th day of December, 2006 ~ ' Attest: Victoria Volk - City Clerk CITY QF ANDOVER Michael R. Gamache - Mayor @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US CC: TO: FROM: SUBJECT: Receive Anoka County Sheriffs Department Monthly Report - Sheriff DATE: December 19, 2006 INTRODUCTION Captain Dave Jenkins from the Anoka County Sheriffs Qffice will be present to provide the Council and the citizens of Andover with an update on law enforcement activities within the City. Attached is a copy of the November 2006 monthly report. DISCUSSION To be verbally presented. ACTION REQUIRED For Council information. Respectfully submitted, Captain Dave Jenkins Anoka County Sheriffs Office Attachment: November 2006. Monthly Report B. CITY OF ANDOVER -NOVEMBER, 2006 Current Mo. Last Month YTD LAST YTD Radio Calls 811 1,068 10,567 9,733 . Incident 790 1,118 9,715 9,012 Report Burglaries 9 20 136 110 Thefts 48 856 681 68 Crim.Sex 0 2 18 28 Condo Assault 12 16 135 164 Dam to Prop. 28 62 433 438 Harr. Comm. 2 13 155 130 Felony Arrests 3 6 82 98 Gross Mis. 1 6 57 59 Misd. Arrests 12 66 529 542 Dill Arrests 6 11 94 91 Domestic Arr. 5 6 59 69 Warrant Arr. 16 8 143 163 Traffic Arr. 113 138 1,446 1,455 Dill OFFENSES: DAY OF Sunday Monday Tuesday Wednesday Thursday Friday Saturday WEEK: TIME: 23:56 00:15 01:18 02:02 02:25 23:17 C. CITY OF ANDOVER - NOVEMBER, 2006 Community Service Officer Report Current Month Last Month YTD Last YTD Radio Calls 147 114 1,727 2,099 Incident Report 102 71 1,117 1,397 Accident Assists 13 9 137 231 Vehicle Lock 40 27 363 390 Out Extra Patrol 179 182 2,562 1,846 House Checks 0 1 109 75 Bus. Checks 17 29 333 496 Animal Compl. 42 29 525 636 Traffic Assist 7 7 94 191 Aids: Agency 187 179 2,007 2,117 Aids: Public 60 25 869 681 Paper Service 0 0 1 12 Inspections 0 0 0 0 Ordinance Viol. 2 0 8 16 CITY OF NDOVE @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 MAIN (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrato Will Neumeister, Community Developmen Director ~ FROM: Andy Cross, Associate Planner /f.JC SUBJECT:. Consider Conditional Use Permit / Church / 475 Andover Blvd NW - Planning DATE: December 19,2006 INTRODUCTION Sambulsa of Minnesota, Inc. has applied for a Conditional Use Permit to operate a Buddhist temple on a residential property at the northeast corner of the intersection of Andover Boulevard and Prairie Road NW. Churches are conditional uses in residential zoning districts. The City Council is asked to determine whether this use is appropriate and/or needs to be modified to prevent adverse impacts on surrounding properties. DISCUSSION Sambulsa of Minnesota is a Korean Buddhist Temple located in Brooklyn Park. They would like to buy a 4- acre property with an existing house and construct a 2,500 square-foot addition. The new addition will house a 2,000 square-foot prayer room and about 500 square feet of space for a kitchenette, restroom, and storage. Chapter 12-14-6 of City Code lists the following "Criteria For Granting Conditional Use Permits:" I. In granting a Conditional Use Permit, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission and: a. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. b. Existing and anticipated traffic conditions, including parking facilities on adjacent streets and land. c. The effect on values of property and scenic views in the surrounding area, and the em;ct of the proposed use on the Comprehensive Plan. Council will need to review the attached plans and judge whether there would be a significant negative impact from the size of the church on the surrounding areas as detailed above. Keep in mind that the proposed church must meet all local building and zoning codes and complete a commercial site plan review process. Chapter 12-14-2 of City Code identifies what is needed for Commercial Site Plan review and approval. It first requires that "All non-residential development proposals shall complete the commercial site plan review process before a building permit can be issued." This means that the Sambulsa Church will be required to undergo a commercial site plan review for their church proposal. As a part of this, the church will be required to meet all applicable requirements in the City Code, including: I) Approved parking facilities a. Proper quantity of stalls for size of building b. Proper parking lot surfacing c. Based on the church size indicated by the applicants, there would be ample room on the property to accommodate the required lO parking stalls. The proposed site plan has parking area that could hold roughly 20 stalls. 2) Landscaping, screening, and buffering requirements 3) Approved fire suppression for the building a. Minnesota state rules require churches to meet strict sprinkler regulations 4) Traffic impacts onto Andover Boulevard will be analyzed. The City Engineer may require a Traffic Impact Study if he feels it is warranted. The recommendations of the study will become conditions of the Conditional Use Permit. Chapter l2-l4-2 of Code continues by stating: "All development proposals that require additional approvals such as a Conditional Use Permit, Variance or approval from another agency or organization shall obtain these approvals prior to application for commercial site plan review." Given this requirement, the applicants have submitted the proposal you see before you. Further details and in-depth site planning will take place at the Commercial Site Plan review, if the Conditional Use Permit is approved. Church Services . The attached letter from the applicant references the size of the church's congregation. One weekly service is held on Sunday from II :00 AM to noon. While the church remains open at other times for Zen meditation practice, the only formal service is on Sunday. The applicants will be available at the meeting to answer questions about the church. Planning Commission Recommendation At the November 28 meeting, the Planning Commission gave this Conditional Use Permit request a unanimous recommendation of approval. Some questions were raised about the site planning, such as screening, parking, and driveway accesses. These issues will be addressed during the Commercial Site Plan review, if an application is submitted on behalf of the church. ACTION REQUESTED The Council is asked to approve or deny the conditional use permit. ::;;f~ttod' Andy Cross Attachments Resolution Location Map Letter from Applicant Property Survey Building Details Site Plan Planning Commission Minutes (11.28.06) Cc: Sambulsa of Minnesota, Inc., 8301 West River Road, Brooklyn Park, MN 55444 -2- CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPRQVING THE CONDITIONAL USE PERMIT REQUEST OF SAMBULSA OF MINNESOTA, INC. TQ PERMIT A CHURCH IN A RESIDENTIAL DISTRICT AT 475 ANDOVER BOULEVARD NW. WHEREAS, Sambulsa of Minnesota, Inc. has applied to locate a church in a residential district; and WHEREAS, Chapter l2-l2 of the Andover City Code "Permitted, Conditional, and Prohibited Uses" lists Church as a Conditional Use in residential zoning districts; and 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, the Planning and Zoning Commission recommends to the City Council approval of the Conditional 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 Conditional Use Permit to permit a church on said property, subject to the following conditions: l) The addition to the exiting house at 475 Andover Boulevard must be constructed to the specifications on the documents dated November 7, 2006. 2) All changes, modifications, and improvements at 475 Andover Boulevard proposed to be made as part ofthis application shall be subject to review and approval through the Commercial Site Plan process. 3) No church services may take place at 475 Andover Boulevard before all site and building improvements identified in the Commercial Site Plan review process have been completed. 4) The proposed church must conform to all local and state building and zoning codes. 5) If the City Engineer requires a Traffic Impact Study, all study recommendations will become conditions of this Conditional Use Permit. Adopted by the City Council ofthe City of Andover on this _day of ,2006. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Victoria V olk, City Clerk -3'- CD '-Q. Q) C1l el:2 "- C.c <(.9' -C/) o (.l >":;; {3<3 ~ , o ill ~ ffi ~ ~ ~ ...J <( ~ if ll. 3' 0: <t:IlIIillillD ::;; Q; <D -l!! 0 ~ ~ <D 0:: o W II ~ m '5~f2 .!::!:: (.) ....- ~ 0 ~ it) 2 as m (tl ~ I:) ~ c.c._ ~ ~ ~ 0:: o Ul ~~ (!)Ul 0:: en W<( el~ OZ z=> <(8 i:i;z leo "z c51<( ;; E .. jj B City of Andover 1685 Crosstown Boulevard N.W. Andover, MN 55304 November 7, 2006 Dear Planning and Zoning Commission; Our request for a conditional use permit is based on the need of SamBulSa of Minnesota, Inc. to acquire a larger property for its Buddhist Temple. First, about SamBulSa; It is the only Korean Buddism Church in Minnesota. Formed in 1989, it purchased a small home the next year to serve as its church. As the congregation grew, we realized that our quarters, especially the prayer room were too small. Therefore, for several years we have searched for a new property to house our church. The Andover property (475 Andover Boulevard NW) would be an ideal location provided we could expand the existing building to include a prayer room and lunch room. The existing building would be used as a parsonage by our priestess. We have a very small congregation. Only 15 to 20 families attend services on an average Sunday. Therefore, we will not cause a traffic or noise problem for our neighbors. Buddhism is an old established formal religion going back over 3,000 years. It is not a cult. The religion is very peaceful, teaching tolerance, and extremely high standard of moral values. Part of our activities includes Zen Practice (or Meditation), which gives a chimce to think about what the real life means and how to improve our life without suffering. lIDs successful program is open to public and free of charge. We are welcoming to every one to use our facility for Zen. We are sure that this practice will provide healthy life and community. We feel that our Buddhist Temple, once established in Andover, will be a credit to your community for many years to come. You can expect from us full cooperation in all respects with your city. Thank you. Sincerely, ~~-JLb Keum Ja Kim Authorized Representative, Sambulsa of Minnesota, Inc. 830l West River Road Brooklyn Park, MN 55444 -s-= t (.. :> f\ f~ ~~ \) :t I I I I I "1, :Il, I I I I I I I I I I I I I I [00 [g I", 0'106 cP'~. i 903.2 , . 0,<1" I [ c. "'b 'oj' 904.4 1:/' .J / d is o .S }< O'1"O~ 90~'~ g',06 OJ t t . E " ~.. ." i --------------~--- --- .nol ----------,--- [ \ ------------- l'901 IS . <''11~ i 9'00 '<:'l . .._~ 6 91 _~__ ~'"91 _______________ ---------------- --.. . ~ 9'006 \ V . "b..t 902. 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" o .5 E " m '0 . .. ill E I I I I I Lot 12 o cu IJ") POLE BARN NEW on PMICING ... lDT IllI L..___ a BM Monument o Edge of Bituminous Andover Boulevard NW Address I 475 Andover Boulevo.rd Applico.ntl So.Mbulso. of Minnesoto., Inc. 8301 'West River Rd Brooklyn Po.rk, MN 55444 -/6- Regular Andover Planning and Zoning Commission Meeting Minutes - November 28, 2006 Page 4 the appearance may blend in better with the residential than any other square pointed 'lding might. Chairp on Daninger stated if this was allowed, he wondered if anyone would have an issue witli e sketch plan, Alternative D. thus asked what the tree preservation plan would be. She thought according to the ske plan a lot oftrees would have to go. Chairperson Daninger thought a lot would ha to go because of the pavement and the buildings and storm pond. Commissioner Kirchoff stated he as concerned that if a really intense development were proposed, it would not have good ac ss because of its proximity to the intersection, which he expected to carry even more t fic in the future. He liked the lower intensity of the proposed development because the acc is limited. He supported this on the site itself because he considered this to be relative low intensity. Chairperson Daninger thought the underlying guidan is that it may be premature. If it was closer to some other things, the sketch plan might 13 oable other than the fact they would want a little more detail. His guidance is this is not 0, but their concern is it may be too early. There are a lot of restrictions. He thought if were going to vote it would be a no but maybe as they move forward of the Rural Reserv evelopment gets closer, it may be a yes. That could be six months or five years. They m struggle if they see this and probably if they had to make a recommendation, he was s would be a vote for no. Mr. Bednarz stated that this item would be before the Council at the December 5,2006 City Council meeting. * PUBLIC HEARING: CONDITIONAL USE PERMIT (06-10) TO ALLOW A CHURCH ON RESIDENTIAL PROPERTY LOCATED AT 475 ANDOVER BOULEVARD NW. ~ - Mr. Cross explained Sambulsa of Minnesota, Inc. has applied for a Conditional Use Permit to operate a Buddhist temple on a residential property at the northeast corner of the intersection of Andover Boulevard and Prairie Road NW. Churches are conditional uses in residential zoning districts. The Planning Commission was asked to determine whether this use is appropriate and/or needs to be modified to prevent adverse impacts on surrounding properties. Mr. Cross discussed the staff report with the Commission. Commissioner Walton stated in reviewing the letter that was provided from Mr. Mark Smith, if most of the items on the letter are zoning requirements. Mr. Cross stated most -//- ," .r " " ,j" /!" .jII'" .#' ~>' ,t" -," ...,1'" ':'';-~ " .. , .,' ,. r' .../: ;f""~ .t"" <1'''" / ,f .,,' ,/ /' / / /' ,f ,F . .. "~""- "J.. "'.-~.:c;o:,"'""''"'''',_f,'.:...-. -.......~- ':;"""-'~"'0<'3"'~"""''''''''''~-';,j.".<'~'i__~';M''''=U'>IIiftlo~~,.",.....,_",.\:.,..".-..<P,.."._iw.\........... ,"",,,.#.~___ ..~,<..,,.........._ ,,~.....,,"'.,_'.:.._"'._""'"._..__ ~~-W,';',..-~~.iNIl'N~.,.."''''"._-'.;-.~~.<l".._.;R;.'''".~' ,~I '.:'i>' ...m~,. -l?~" \ "-, '''", "~,,,\ ~~'- .~ " Regular Andover Planning and Zoning Commission Meeting Minutes - November 28, 2006 Page 5 of the items addressed are either addressed by zoning requirements or in the commercial site plan review. Commissioner Kirchoff how large the existing structure was. Mr. Cross stated the area of the existing house is roughly thirteen hundred square feet. Commissioner Kirchoff noted it would be thirty-eight hundred square feet with the additions. Mr. Cross indicated that was correct. Motion by Walton, seconded by Casey, to open the public hearing at 7:43 p.m. Motion carried on a 5-ayes, O-nays, 2-absent (Greenwald, King) vote. Mr. K~nt Meister, 54l Andover Boulevard, stated in reviewing the paperwork the City sent them that the criteria to grant or deny a Conditional Use Permit includes a variety of items. Qne ofthem being Item lB: "existing and anticipated traffic conditions including parking facilities on adjacent properties and land". He thought the key word was anticipated. He did not know if there was a formula they can create to uncover what they will have down the road but in the letter prepared by the representative of Sambulsa, it states only fifteen to twenty families attend services on the average Sunday. He stated while this may be accurate, it may be also immaterial to them. In a growing City like Andover, that number is going to grow as well as their church size. One of the reasons they are looking to expand in Andover because in discussion with the City of Brooklyn Park where they currently worship they could not meet setback requirements to expand their current facility. The fact they are planning to expand is quite obvious to all. Mr. Meister stated in discussions with the City's Building Officials they shared one major concern, which was onsite parking. He wondered who will police the parking situation if it becomes too small in the next three years. He thought they should try to be proactive instead of reactive in this scenario. If they end up with cars parking out on Prairie Road like they do at Prairie Knoll Park, they will have a mess. Mr. Meister stated there are a number of concerns he has. He stated City Code 13-06 in the City Code book states "all commercial buildings two thousand square foot or over require fire suppression systems". This home is not serviced by sewer and water and he did not believe there are any plans for it to ever be serviced by sewer and water. He noted just the cost on this for a well is extremely high. There are also immense costs to making the building completely handicap accessible. Septic and well probably need to be replaced. City Code also requires that any parking lot, driveway, anything of that nature be paved with curb and gutter and storm sewer. These are costs he hoped the applicant was aware of because they are extraordinarily high costs to do these things. Mr. Meister stated when this plan does go to commercial site review, if it is approved, his discussions with the County indicated that they will require that both driveways be removed off of Andover Boulevard and all traffic be directed to Prairie Road, which would require quite a bit ofland moving and a lot of work to be done there. He also wondered how this proposed plan is less intrusive than a person running a small company -/2--- Regular Andover Planning and Zoning Commission Meeting Minutes - November 28, 2006 Page 6 out of there because with this plan, there could be more traffic than a small business would have. Chairperson Daninger stated a small business would also require a Conditional Use Permit and they would explore the same way they are exploring this one. Mr. Meister asked if the applicant would be tax exempt. Mr. Bednarz believed the church would be tax exempt if they could meet the State's requirements in terms of reporting. Mr. Meister suggested they look at expanding the area of notification in rural areas because this mailing only reached people within 350 feet of the property and more neighbors should be notified than just the surrounding neighbors. Chairperson Daninger indicated that was a good idea. Mr. Scott Daninberg, 425 Andover Boulevard, asked how many people will end up in the church five to ten years from now. He also wondered about the septic system because he did not think the current septic could handle this number of people. He wondered how this will affect him because he has a shared driveway with the applicant. Mr. Archie Zahler, l5309 Cottonwood Street NW, Andover, stated the main reason he was here is because he knows what a nightmare it is for them at times to get out of the east side of Andover. They have railroad tracks and Prairie Knoll Park is a nightmare, now they are going to add more cars and traffic on a road that is deadly. Andover Boulevard going to the east through Ham Lake is very dangerous and does not need any more traffic. He stated he did not know where they will put all of the cars on a two lane road. He stated this road cannot handle additional traffic. He thought there were better places for this project than this area. Motion by Walton, seconded by Kirchoff, to close the public hearing at 7:58 p.m. Motion carried on a.5-ayes, O-nays, 2-absent (Greenwald, King) vote. Mr. Jack Prescott, representing Sambulsa, stated as a fifteen year member of the church he would like to say in response to the people concerned about the church growing, ten years ago they were the same size then as they are now. He stated their prayer room in Brooklyn Park is very small and he did not see a significant increase in cars and traffic. He stated this is the only Korean Church in Minnesota and the Korean population is not increasing. He stated they do not look for a large growth. They also realize there are big expenses involved and they will try to get over that as well and they will work with the City and be as cooperative as possible. He noted they are tax exempt. Chairperson Daninger indicated there was an issue regarding the shared driveway and he asked staff to look into this. Mr. Prescott stated if there is a problem with this they will adjust their plans to fit the circumstances. ~/3- Regular Andover Planning and Zoning Commission Meeting Minutes - November 28, 2006 Page 7 Commissioner Kirchoff asked if things come up where they were asked to vacate Andover Boulevard and move the access to Prairie Road, would this be something the church would be willing to look at. Mr. Prescott stated they would. Commissioner Holthus wondered if the Korean Buddhist had significant holidays that would produce more traffic. Mr. Prescott indicated they have one holiday, which is Buddha's birthday in the late spring. Mr. Prescott indicated they celebrate Thanksgiving and New Years but they are not big celebrations. Commissioner Walton wondered what brought them to this particular site in Andover. Mr. Prescott stated it was because they tried to do something in Brooklyn Park and they put so many things in their way that financially they could not handle it. Commissioner Walton wondered if other sites within Andover had been reviewed and compared withthis site. Mr. Prescott stated they have looked around a little bit but they are stuck with Rl because the Code says the only place you can put a church is Rl. Mr. Bednarz indicated it was residential districts in general. Commissioner Kirchoff stated if this goes to a Site Plan Review, that is where they will really see some requirements and improvements the applicant will be aware of. He did not see a lot of traffic as compared to the Prairie Knoll Park site. He stated this is a large site and there are a lot of requirements already in place on what can be placed on this property. He did not see any real negative issues with this project. Commissioner Holthus stated she did not see any negative impacts on the community with the project. She did not know how it will affect the value of properties in the area but she did not see any major negatives at all and she was ok with it also. Commissioner Walton stated he was concerned with the access to Andover Boulevard as well as the impact to the neighbor to the east since there is right now a required shared driveway and he did not know how they will get around that and he did not think it was fair that the resident should have to share that driveway continually with the neighboring property. He would rather see both access points to Prairie Road because Andover Boulevard is probably the faster of the two and Prairie Road could probably handle the traffic better than Andover Boulevard. He thought this was potentially a good spot with this and did not disagree in whole with it. Chairperson Daninger indicated staff will look into the shared driveway and what can be done regarding this. Chairperson Daninger stated he looked at other churches in Andover and what is located around them. He stated this is the first time houses were in the area before a church and the only difference was neighbors did not know a church was coming. He could not find any negative reasons for not allowing this. He stated he did not have an issue with what was before them at this point. ~ /'1--- Regular Andover Planning and Zoning Commission Meeting Minutes - November 28, 2006 Page 8 The Commissioner discussed with staff what things the developments in this area would be responsible for the improvements to the roads. Motion by Kirchoff, seconded by Holthus, to recommend approval of the Conditional Use Permit for Sambulsa of Minnesota, Inc. and to direct staff to explore the shared driveway. Motion carried on a 5-ayes, O-nays, 2-(Greenwald, King) absent vote. Mr. Cross stated that this item would be before the Council at the December 19,2006 City Council meeting. - UBLIC HEARING: CITY CODE AMENDMENT TO DELETE CITY CODE 12-14- 6 . PERMITTING DISCRETIONARY CONDITIONAL USE PERMIT APPROVAL OF 'ES NOT SPECIFICALLY LISTED. Mr. Cross ated based on direction from the City Council, the Planning Commission is asked to disc s the deletion of Code Section l2-l4-6-A-5, which allows certain Conditional Us to be located in zoning districts where they are otherwise prohibited. staff report with the Commission. Commissioner Kirchoff as d what the actual change would be. Mr. Cross stated the actual change is illustrated be in the Resolution and is the deletion of part five. Commissioner Kirchoff indicated i he most recent addition of Planning magazine there was an article indicating that it was be r to list prohibited items than to try to list all permitted uses. He wondered how that uld fit with this. Mr. Bednarz stated if they can identify those uses to prohibit it iscerta ly a very proactive and useful way to approach the subject. In their own code they . t uses as permitted and anything that is not listed is in fact prohibited, Part 5 was always e safety valve where if something made sense but was not listed in the code there wa e opportunity to entertain it. All of the things Mr. Cross said are accurate in terms ofthe uncil's view of that and why this is being brought forward to be deleted. Motion by Casey, seconded by Walton, to open the public he . gat 8:22 p.m. Motion carried on a 5-ayes, O-nays, 2-absent (Greenwald, King) vote. There was no public input. Motion by Walton, seconded by Casey, to close the public hearing at 8:22 carried on a 5-ayes, O-nays, 2-absent (Greenwald, King) vote. Commissioner Walton stated he saw that part of the City Council meeting and unde the City Attorney's comments that as stated, "he was not fond of the language". ~/0- @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator Will Neumeister, Community Development Direc FROM: Courtney Bednarz, City Plann4 SUBJECT: Consider Conditional Use Permit/Outdoor Storage/US33 Jay Street - Planning DATE; December 19,2006 INTRODUCTlQN The applicant is seeking to use the site for storage of dumpsters and concrete equipment and materials as described in the attached letter. Outdoor storage is a conditional use in the Industrial Zoning District. DISCUSSION Chapter l2-14-6 of City Code lists the following "Criteria For Granting Conditional Use Permits:" 1. In granting a Conditional Use Permit, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission and: a. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. b. Existing and anticipated traffic conditions, including parking facilities on adjacent streets and land. c. The effect on values of property and scenic views in the surrounding area, and the effect of the proposed use on the Comprehensive Plan. The Council is asked to review the attached letter and drawing and determine whether conflicts with the review criteria cited above would be created. If additional information is needed, the applicant may be able to provide the information at the meeting. If conflicts are identified and measures can be taken to mitigate them, reasonable conditions should be attached to the approval to address these items. If conflicts are identified that cannot be adequately addressed, the conditional use permit should be denied. If the conditional use permit is approved, the applicant will be required to complete the commercial site plan review process and meet all of the applicable City Code (zoning, fire, building) requirements. A summary of key requirements is attached. Staff Review of Proposal The site is bordered by industrial zoned property to the north and east, commercial property to the west and residential properties to the south. The potential impacts and potential mitigation strategies are as follows: 1. Operating the business in a way that does not disturb the adjacent residential neighborhood a. Apply the construction hours of City Code 5-6-3 which prohibit activity between the hours of 10:00 pm and 7:00am. b. Ensure compliance with the landscaping and screening requirements of the City Code through the commercial site plan process. 2. Meeting the requirements of the City Code a. The site drawing presently does not provide enough information to fully determine conflicts with the City Code. Completion of the commercial site plan process, involving submittal of the required materials as well as review and comment from all city departments will be necessary. b. Prohibiting outdoor storage on the property until all required improvements have been completed. 3. Preventing the site from accumulating refuse, debris and other items collected in the rolloff boxes. a. No on site storage of refuse, debris, waste or salvaged material and regular maintenance of the grounds to prevent debris from blowing off the site will be allowed. b. Require dumpsters to be emptied at an appropriate waste collection facility before being returned to the site. 4. Maintaining fire access throughout the storage area. a. Create and maintain fire access lanes as determined by the Fire Chief and shown on the approved commercial site plan. Applicant's Concerns The applicant's representatives presented several concerns with the conditions described above at the Planning Commission meeting. These comments are reflected in the attached minutes and can be summarized as follows: 1. The roll off boxes must be allowed to leave the site earlier than 7am to accommodate a typical construction schedule. All vehicles leaving the site will be forced to drive north to Bunker Lake Boulevard due to the median in the center of Jay Street. As a result vehicles exiting the site will not drive past the residential neighborhood located south of Station Parkway. 2. A ten foot setback from the east property line, with curb, landscaping and a wood fence does not make sense given how the paved area presently exists and the fact that buses will be parked on the Kottke property east of the fence. 3. The waste collection facility in Elk River typically closes at 5pm. Trucks leaving job sites after that time cannot be emptied until the following day. In this scenario, boxes would remain on the trucks, would remain covered and would be stored indoors on the site. -z- Planning Commission Recommendation The Commission unanimously recommended approval of the proposed conditional use permit and made several modifications to the conditions proposed by staff. These modifications are as follows: l. To change the recommended hours of operation to 5am to lOpm. 2. To allow a variance to the ten foot parking/storage setback along the east property line so the paved area can remain as it presently exists (constructed to the property line). Also, to allow a ten foot tall chain link fence with slats to be installed along this property line. It was also recommended that any damage that may periodically occur to the fence be repaired to ensure a uniform look for this fence over time. 3. To allow roll offboxes containing waste to be stored on the truck they arrive in if covered and parked indoors when they are returned to the site after the waste collection facility is closed (typically 5pm). ACTIQN REQUESTED The Council is asked to approve or deny the proposed conditional use permit. The attached resolution reflects the conditions suggested by staff and as modified by the Planning Commission. Attachments Resolution Key City Code Requirements Location Map Applicant's Letter Site Drawing Planning Commission Minutes R~ ~.. c t lly submitted, ~__7/J ~ (/ Co 'fey Bednarz Cc: Tony Nitti, Nitti Rolloff Services Inc. 23245 Drake Street NW St. Francis, MN 55070 -"3- CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESQTA RES. NO. R A RESOLUTION APPROVING CONDITIONAL USE PERMIT FQR OUTDOOR STORAGE FQR PROPERTY LQCATED AT 13533 JAY STREET NW LEGALLY DESCRIBED AS: THE WEST 272.84 FEET OF LOT 13, WATTS GARDEN ACRES, ACCORDING TO THE PLAT THEREQF ON FILE IN THE OFFICE OF THE REGISTRAR OF TITLES OF ANOKA COUNTY, MINNESOTA, AS MEASURED AT RIGHT ANGLES TO THE WEST LINE THEREOF. SUBJECT TO THE RIGHT-OF- WAY OF COMMERCIAL BQULEV ARD OVER THAT PART THEREOF LYING WITHIN PARCEL 4, CITY OF ANDOVER HIGHWAY RIGHT- OF-WAY PLAT NO. 1. WHEREAS, Tony Nitti has requested approval of a conditional use permit for outdoor storage on the subject property, and; WHEREAS, the Planning Commission held a public hearing and reviewed the request based on City Code l2-14-6 and the established criteria for granting conditional use permits; and WHEREAS, the applicant has requested a variance to City Code l2-13-9E.5. which requires a ten foot setback for parking areas and all other uses from side and tear property lines; and WHEREAS, the Planning Commission recommended approval of the variance based on finding that the requirement is not suitable for the existing conditions and proposed use of the property and the fact that the existing paved surface crosses the property line; and WHEREAS the Planning Commission finds that all potential impacts of the proposed outdoor storage can be mitigated with the conditions that have been recommended; and WHEREAS the Planning Commission recommends approval of the proposed conditional use permit; and NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of Andover has received the recommendation of the Planning Commission and approves the conditional use permit application for outdoor storage on the subject property subject to the following: l. The applicant shall complete the Commercial Site Plan process with the City of Andover to include compliance with all applicable sections of the City Code except as follows; a. No parking or storage setback shall be required along the east property line. b. A ten foot tall chain link fence with slats shall be allowed to be constructed along the east property line to satisfy the screening requirements along the east property line. This fence shall be repaired in the event any damage occurs to continually provide a uniform appearance. 2. No outdoor storage shall be allowed on the subject property until the applicant has completed all of the improvements required through the commercial site plan process. 3. The hours of operation shall only be between the hours of5:00 am and 10:00 pm. -4- 4. All roll off boxes shall be required to be emptied at an appropriate waste collection facility before being returned to the site and on site storage of refuse, debris, waste and salvaged material storage on the site shall be prohibited, except as follows: a. Trucks that return with boxes containing waste after 5:00pm may be stored on the site overnight provided they remain on the truck, are covered, are stored indoors and are emptied at an appropriate waste collection facility on the following day. 5. Roll off boxes shall not be stacked vertically on the site. 6. The site shall be regularly maintained to prevent debris from blowing off the site. 7. Fire access lanes shall be maintained clear of parking or storage in the areas determined by the Fire Chief and shown on the approved commercial site plan. 8. A variance to City Code 12-13-9E.5 is granted to allow the parking/stotage area to extend to the east property line. Adopted by the City Council of the City of Andover on this _ day of ,2006. CITY OF ANDOVER Michael R. Gamache, Mayor ATTEST: Victoria V olk, City Clerk -s-- Key City Code Requirements I. Compliance with Fire and Building Codes for any modifications to the existing building. Information will need to be provided to show how the interior of the building will be used and/or modified to determine the extent of these requirements. 2. Curb and gutter for the parking areas, drive lanes and storage areas and meeting the minimum setback and dimensions for these items as required by the City Code. The parking area as presently drawn will not meet the required minimum dimensions, including the size of parking stalls and width of drive lanes. Additionally, City Code 12- 13-9E.5. requires a lO foot setback required along the east property line. 3. The number of parking stalls required by City Code 12-13-9 based on the uses and the square footage of each use of the building. More information from the applicant is needed to make this determination. 4. Screening of the east side of the property will also need to comply with City Code l2-13- 5. The applicant has verbally indicated that the easterly fence will be chain link with slats. This fence and the lack oflandscaping will likely be in conflict with City Code l2- l3-5 which states: "Exterior Storage: Screening from residential properties and public streets shall be provided with an architecturally compatible opaque fence with a minimum height of six feet as measured from the surface of the exterior storage area. Plant material shall be provided on the outside of the fence for aesthetic appeal. Additional fence height and/or berming shall be required if a six foot fence would not block direct vision of the exterior storage." 5. Screening of parking areas from residential properties in compliance with City Code l2- 13-5 which states: "Parking Areas: Screening from residential properties shall be provided to a minimum height of six feet as measured from the surface of the parking area. Screening from public rights-of-way shall be provided to a minimum height ofthree feet. Parking area screening must consist of: . I. An architecturally compatible opaque wall or opaque fence. 2. A landscaped berm 3. Two staggered rows of evergreen trees with trees in each row spaced a maximum of 12 feet. Such trees shall not be used to satisfy minimum tree requirements. 4. A combination of above." 6. Landscaping to meet the requirements of City Code 12-13-6. The table below summarizes the requirements for this site based on the perimeter of the site and building. Irrigation is also required for all landscaped areas of the site. Trees Shrubs Site perimeter 998 feet I per 50 feet 20 I per 20 feet 50 Building perimeter 480 feet NA NA I per 10 feet 48 Total 20 Trees 98 Shrubs *NOTE: credit is given for existing trees and shrubs 7. A separate sign permit subject to City Code l2-l5 is needed for construction of new signs on the site. -6- S'\NDbVi~ Incorporated 1974 Conditional Use Permit Outdoor Storage - 1<r~'~I~~~ ~~' l~ t;i-LC\i..l N ~'I; >":.f' R)'J.... oi'l , ~g ,," "_ 1:':":'<:0 1l'oJ'.... ~ __ I~" .,:g 14011[Z); # I~ 1400 8'\. ~ ~11-14001 >2S~~~ r~.':'Ii";:~ '=';: m"~<P2 j1~ ,. 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':t fl ~ ~ ~ . .. .. .~ ~J ".02 <f.jl~~~ ~ ~I~~I [ii ~ ~I& HISI *,1::> .... ;!: .... ..... ........ ,... , ~ /,./!/H,,/f/.:>7''''''j jjjj; ~1~IBlgl13784/~ 137& 137~i - J;l'J!l/J!'ijijjf (E!!9~ M :<: ~ 1377;j~ 1317 "'''71 ~Vli' ItI~ 11 ~ ~ ~"'~"n. ~,.'" ~ ~ - ~'t>17~ 1485 ~ ro~ ~ill~E~ 1426 ~ .... .... 1-l 'e. 1-tO..? \A'tl: :> 1401 .:t m ~ ~ N ~ BUNKER LAKE BLVD o '" It) ~ . 1350 ~ N Location Map N~..1l'.....~.. .'. : " ~::- ." , " '-'. . ....\lllllMfi1. ... ~1l1~J1 "The Name Twin Cities Contractors Have Trusted For Over 30 Years" Nov 27, 2006 The City of Andover 1685 Crosstown Blvd NW Andover, MN 55304 Re: Request for Conditional Use Permit Dear The City of Andover, Nitti Rolloff Services and Craftsman Concrete are requesting a conditional use permit for the property located at 13533 Jay Street NW. We are looking to purchase this property from Kottke's Bus Service; Inc contingent on The City of Andover granting us a conditional use permit. NRS and Craftsman Concrete are willing to remove the old six foot fence and install an eight foot wood fence around the majority of the property (as seen in the map provided). In addition to the fence, plant material will be provided on the out- side of the fence for aesthetic appeal. The new fence will be moved in about eight feet of the original fence to allow more room for landscaping. The outside storage will consist of a main area about 170ft x 143ft with some extra storage area on the northeast comer of the building. The main area will be used mostly for the storage of roll-off containers, trailers, some demolition/excavation equipment, and parking of trucks (any items, besides the trucks, stored in this area will not exceed tlle height of the wood fence). The smaller area on the northeastcorner of the building will be used for things like small demolition/excavation equipment, concrete equipment, general job supplies, and items that may be slightly taller than the fence (excavator and ajob trailer). All tlle items will be kept in a neat orderly fashion and within the fenced in area. Nitti Rolloff Services and Craftsman Concrete understand that properties appearance must be kept up as for not to create an eyesore for residents and or other business in tlns area. We will do everything possible to give it aesthetic appeal and make everyone in the neighborhood comfortable with the type of businesses we run. Please feel free to contact me at 763-755-0303 with any questions and or concerns you may have. Sincerely, 4:ll~ Services, In7? ~ Anthony Ni0 President tti ( Proud Member of the Teamster Local 120 23245 Drake St Nw., St. Francis, MN 55070 Office: 763-755-0303 Fax:763-755-1363 Cell:763-286-2756 -$--- i f- er ..... :::l ~ ;Ij: ..... w N o ~ q (J) ..... ~ II !if ~ g ....lo.!; W:::l 01c- W ~ wi L'U Q) - '< ~ (J) .. !'*z j:; Z -. ~ ~. )> =ll ::J rJ) a. ~ o -. < Iil CD .en .., s: ~ z b;"~ ::J c- o. en - fil 3 i Q) l? co en CD -. en .rg r~ Q) .. :J 0.0' en :::l @ ~ '2. a. :J m co :J () f ~ ~ ~ JAY ST. N.W. P' a f ~ If e l ~ 1!} f,Jr .-_. -------- - ..--.- ::::s..........::::;:.......... ................................-...-......... .......... ::;:; Q~~~~~ ~ 0~drn~ ~~~~g~g~ irmitl ~iiijijiffwr? ~ ~ ~~~.~ ~ ~lff~m :\l~:< r~~ ~~,-" ~~~~~~~ fr~wrr!~~ ~ r'~ ~ {i ~ ~ ~~~ ~ ~ r ~ ~ 15 ~ ~ ~ ,.....,,- >2 /, -7'- Regular Andover Planning and Zoning Commission Meeting Minutes - December 12, 2006 Page 2 PUBLIC HEARING: CONDITIONAL USE PERMIT (06-11) TO ALLOW OUTDOOR STORAGE ON PROPERTY LOCATED AT 13533 JAY STREET NW. Mr. Bednarz stated the application is seeking to use the site for storage of dumpsters and concrete equipment and materials as described in the attached letter. Outdoor storage is a conditional use in the Industrial Zoning District. Mr. Bednarz discussed the staff report with the Commission. Chairperson Daninger excused himself from discussion and voting because of a conflict of interest. Commissioner Walton arrived at 7:06 p.m. Commissioner Greenwald asked if all the other businesses in the area under the same guidelines of 10:00 p.m. to 7:00 a.m. or do any of them have Conditional Use Permits that waiver from that. Mr. Bednarz stated presently because of the age of most of the other businesses in that industrial park, they are not subject to those requirements. Commissioner Greenwald indicated he understood this business because they used roll offs at his work and 7:00 a.m. is really late in the day for any kind of business that has to do with construction. He stated this was an issue they needed to talk about. He wondered what the concern specifically the City had. Mr. Bednarz indicated the early morning or late evening when people are sleeping, this was for the residential neighborhood to the south. He thought the applicant has a proposal for traffic in and out of the business that may be an alternative to this. Commissioner Greenwald thought they needed to consider that because in the summer half of the construction day is over by 7:00 a.m. Commissioner Greenwald asked on the site drawing shown, he wondered if this was above and beyond what was in the staff report. Mr. Bednarz stated it was not. For the commercial site plan, they will need a survey drawing that shows the dimensions of the . parking area, drive lanes, setbacks from side property lines. A survey drawing that provides dimensional data for the entire site. Commissioner Greenwald stated not having any onsite storage of refuse, debris, refuge, salvage material could be an issue in the future and being in this business he could foresee them having a light truck come in with a full load because the dump was closed and he wondered if this would not be allowed under this. Mr. Bednarz stated the staff recommendation is that dumpsters would be emptied before returning to the site. Commissioner Casey stated on the drawings submitted he noticed only one entrance and one egress and he wondered if staff and the Fire Chief was okay with this. Mr. Bednarz stated if there is not a loop through the site, there will have to be some kind of turn around for emergency vehicles. Motion by Casey, seconded by Greenwald, to open the public hearing at 7: II p.m. Motion carried on a 5-ayes, O-nays, I-present (Daninger), I-absent (King) vote. Regular Andover Planning and Zoning Commission Meeting Minutes - December 12, 2006 Page 3 Mr. Neil Mesdale, Owner of Craftsman Concrete and partner of Nitti Roll Qff, and Rodney Lee, Premier Commercial Properties indicated he was representing both the buyer and seller of this property. Mr. Mesdale stated regarding the dumpsters they also wanted to know if they could get by with leaving full dumpsters onsite until morning because dump sites close at night. The dumpsters are tarped and would be dumped in the morning. He stated his trucks would be parked inside. Mr. Lee stated all trucks with debris will be parked inside the building but the roll offs would be outside. He stated they are asking for 5:00 a.m. start time for the roll offs and they would like to go north onto Bunker and then to take a right. Mr. Mesdale indicated that was correct. He noted they would like to stay off of Jay Street if possible. Vice Chair Kirchoff asked if all the debris will be in the container and not stored onsite. Mr. Mesdale stated there will not be any debris in containers; it will be removed everyday unless the dump is closed. Mr. Lee indicated there will not be any materi:;tls stored onsite. Mr. Lee asked if staff was asking for a wood fence on the east side. Mr. Bednarz indicated the applicant proposes a chain link fence with slats and there would be a wood fence on the south side to screen it from residential properties. He stated staffs concern with the chain link fence is the fence will not adequately screen this property from others. Commissioner Greenwald wondered what the applicant would be storing outside. Mr. Mesdale stated they would be storing steel containers, fifteen to twenty maximum. Commissioner Greenwald asked if they have ever had a situation where someone could park right up to the fence like proposed. He thought because the area was all paved the applicant should be able to park to the fence. Mr. Bednarz stated the issue is an existing parking area that was all part of one site that now has a property line down the middle. The 1 0' setback requirement may not have considered this situation. He stated if there are things the Planning Commission thinks they could be flexible on, it should be stated. Alternatively if they approve things just subject to the City Code, when they get into that commercial site plan process, they will be asked to meet the stringent requirements. Commissioner Walton asked how this site compared to their current site. Mr. Mesdale stated this site is three times the size of their site in Blaine. He stated he has run out of space at his current site. Commissioner Walton was concerned if this site would be large enough. Mr. Mesdale stated it was. Commissioner Walton wondered if the entrance was large enough to accommodate their equipment. Mr. Mesdale stated the entrance was more than adequate even with the center median because there are two lanes on Jay Street. Motion by Greenwald, seconded by Walton, to close the public hearing at 7:27 p.m. Motion carried on a 5-ayes, O-nays, l-present (Daninger), I-absent (King) vote. Regular Andover Planning and Zoning Commission Meeting Minutes - December 12, 2006 Page 4 Vice Chairperson Kirchoff stated he would agree about changing the time limit restrictions. He thought all of the businesses in the area were well on their way before 7:00 a.m. Commissioner Greenwald stated they have to be aware that there could potentially be an empty truck coming in on Station Parkway to pick up a box earlier than 7:00 a.m. so there is the potential for noise. He thought they should allow the 5:00 a.m. start time. He also thought they should have screening to the south. V}ce Chairperson Kirchoff agreed and indicated the applicant was willing to screen the area. Commissioner Walton stated he was ok with the screening to the south. One thing he was considering was they should have consistent height in fence. He agreed the fence to the south should be solid and he was fine with the chain link fence with slats but the slats should be replaced if they start to break. Commissioner Holthus thought an earlier start time was fine and a chain link on the east side is also ok. She stated she was disappointed there are no neighbors at the meeting. Mr. Bednarz stated he received one phone call requesting information on the proposal. The resident did not express opposition. Vice Chairperson Kirchoff wondered what the Commission thought about having full, tarped containers onsite. Commissioner Greenwald stated he was fine with this because. they would be tarped and he was sure the owners would not want debris blowing allover their property. Motion by Greenwald, seconded by Casey, to recommend to the City Council approval of the conditional use permit (06-11) to allow outdoor storage on property located at 13533 Jay Street NW, changing item three to 5:00 a.m. and screening on the south should be a solid ~ood fence and allow a chain fence on the east side with a zero lot line along requiring trucks with full dumpsters be stored inside the building. Commissioner Walton wondered if they had a noise ordinance that would affect dumpster loading and unloading. Mr. Bednarz indicated they do have a noise ordinance based on decibel level over a period of time and it also depended on the time of day. He did not think this ordinance would be violated. Motion carried on a 5-ayes, O-nays, I-present (Daninger), I-absent (King) vote. Mr. Bednarz stated that this item would be before the Council at the December 19, 2006 City Council meeting. OTHER. Chairperson Daninger stated Commissioner Greenwald would not be reapplying for his Commission position and he wanted to thank him for his six years of service. Commissioner Greenwald stated it has been an honor working with this Planning Commission. He also stated the Council has done an outstanding job listening to their recommendations. @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US CC: TO: FROM: SUBJECT: Consider City Code AmendmentJDeleting Code Section 12-14-6A.5 - Planning DATE: December 19,2006 INTRODUCTION Based on direction from the October 17,2006 Council meeting, the Council is asked to discuss the deletion of Code Section 12-14-6-A-5, which allows certain Conditional Uses to be located in zoning districts where they are otherwise prohibited. DISCUSSION At the October 17,2006 meeting, Valley Pools and Spas applied for a Conditional Use Permit to allow Outdoor Display and Sales at their location on Bunker Lake Boulevard. That land use was prohibited in the NB Neighborhood Business zoning district, so they applied under section 12-14-6-A-5, which read as follows: "Certain uses, while generally not suitable in a particular zoning district, may, under some circumstances, be suitable. When such circumstances exist, a Conditional Use Permit may be granted. Conditions may be applied to issuance of the permit, and a periodic review of the permit may be required. The permit shall be granted for that particular use and not for a particular person or fIrm." At the Council meeting, the City Attorney recommended this section of code be deleted. He felt it requires the Council to make arbitrary decisions based on differing applications that may be difficult to defend if challenged. In the future, if an applicant wishes to locate a Conditional Use in a zoning district where it is prohibited, then they may pursue a Code Amendment to change the City Code to allow the use permanently, or apply for a rezoning of their property to a district where the use would be permitted. Planning Commission Recommendation The Planning Commission did not recommend deleting this section. Instead they voted 4-1 recommending staff work with the City Attorney to modify the existing language (see minutes). ACTION REOUESTED The Council is asked to approve, deny, or table discussion on the deletion of this section.. RespectfullY~SUb itted, " ~s- Andy Cross Attachments Resolution City Code 12-14-6 "Conditional Uses" City Council Minutes - October 17,2006 Planning Commission Minutes - November 28, 2006 CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CITY CODE TITLE 12-14-6 "CONDITIONAL USES" TO DELETE SECTION A-5 12-14-6: CONDITIONAL USES: A. General Provisions: 1. Conditional Use Permits may be granted or denied in any district by action ofthe City Council. 2. The Community Development Director shall maintain a record of all Conditional Use Permits issued including information on the use, locations, conditions imposed by the City Council, time limits, review dates, and such other information as may be appropriate. A copy of the Conditional Use Permit shall also be filed with the Building Official. (Amended Ord. 8, 10-21-1970; amd. 2003 Code) 3. Any change involving structural alteration, enlargement, intensification of use, or similar change not specifically permitted by the Conditional Use Permit shall require an amended Conditional Use Permit, and all procedures shall apply as if a new permit were being issued. 4. All uses existing at the time of adoption of this title (October 21, 1970) shall be considered as having a Conditional Use Permit which contains conditions which permit any land use and structures as they existed on said date, and any enlargements, structural alterations, or intensification of use shall be required to amend their Conditional Use Permit through the process provided in this section. (Amended Ord. 314 10-4-2005) 5. Certain uses, while generally not suitable in a particulEff zElning district, may, under some circWBstances, be suitable. When such cirel:lffistaaees exist, a Conditional Use Permit ffia-y be granted. COl'l:diticms may be applied to issuance Elf the permit, and a peri0d-ie re'/iew of the permit ffia-y be required. The permit shall be granted for that particulEff use a-nd liElt for a particulEff person or firm. The cancellatioli Elf a Conditional Use Permit shall be cOflsidered ad-Hiinistratively eq-1:li'/a-len.t to a rez0ning, and the same requiremeflts a-nd procedures shall apply. -z~ THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: Adopted by the City Council of the City of Andover this _ day of ,2006. CITY OF ANDOVER Attest: Michael R. Gamache - Mayor Victoria V olk - City Clerk -:>- uses and neighborhoods. 2. Execution: Execution of a zoning contract recorded with the property shall be compulsory for all rezonings to multiple-family, commercial, and/or industrial districts, including the following: (Amended Ord. 8,10-21- 1970) M-1 multiple dwelling medium density district M-2 multiple dwelling district LB limited business district NB neighborhood business district GB general business district SC shopping center district I industrial district (Amended Ord. 8,10-21-1970; amd. 2003 Code) 3. Standards: The following standards shall be included in the zoning contract: a. Agreement to layout, develop and maintain the subject property as presented in the accompanying preliminary plat or site plan. b. Provision to allow the City Council to commence rezoning of the property to the previous zoning district if the preliminary plat or site plan is not adhered to. Said zoning change shall not be contested by the property owner or signer of the zoning contract. c. Additional standards may be included to protect the health, safety, and general welfare of surrounding land uses. --+ 4. Modifications: Any modification or revision to the zoning contract or attached plans shall be prohibited without majority consent of the City Council. Any substantial modification as determined by the City Council shall be subject to a public hearing and notification of adjacent property owners pursuant to the public hearing requirements of this title. (Amended Ord. 8,10-21-1970) 12-14-6: CONDITIONAL USES: A. General Provisions: 1. Conditional Use Permits may be granted or denied in any district by action of the City Council. 2. The Community Development Director shall maintain a record of all Conditional Use Permits issued including information on the use, -1- < --- locations, conditions imposed by the City Council, time limits, review dates, and such other information as may be appropriate. A copy of the Conditional Use Permit shall also be filed with the Building Official. (Amended Ord. 8, 10-21-1970; amd. 2003 Code) 3. Any change involving structural alteration, enlargement, intensification of use, or similar change not specifically permitted by the Conditional Use Permit shall require an amended Conditional Use Permit, and all procedures shall apply as if a new permit were being issued. 4. All uses existing at the time of adoption of this title (October 21, 1970) shall be considered as having a Conditional Use Permit which contains conditions which permit any land use and structures as they existed on said date, and any enlargements, structural alterations, or intensification of use shall be required to amend their Conditional Use Permit through the process provided in this section. (Amended Ord. 314 10-4-2005) ~ - 1 . 5. Certain uses, while generally not suitable in a particular zoning district, . may, under some circumstances, be suitable. When such circumstances ~ 1 exist, a Conditional Use Permit may be granted. Conditions may be applied to i.ssuance of the permit, and a periodic review of the permit may be required. The permit shall be granted for that particular use and not for a particular person or firm. The cancellation of a Conditional Use Permit t . shall be considered administratively equivalent to a rezoning, an::! the \......:.ame requirements and procedures shall apply. B. Criteria For Granting Conditional Use Permits: ~ 1. In granting a Conditional Use Permit, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission and: a. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. b. Existing and anticipated traffic conditions, including parking facilities on adjacent streets and land. c. The effect on values of property and scenic views in the surrounding area, and the effect of the proposed use on the Comprehensive Plan. 2. If it shall determine by resolution that the proposed use will not be detrimental to the health, safety, morals, or general welfare of the community, nor will cause serious traffic congestion or hazards, nor will seriously depreciate surrounding property values, and that said use is in harmony with the general purpose and intent of this title and the -s- r ~':.'-i-~~ ....~'A U' .HIJIl't1iQ .-...".. ~j( - f'Ql if"*-........ -"q"I"'UIl~~~ c:c , 1 ~ I _J Comprehensive Plan, the City Council may grant such permits. (Amended Ord. 8,10-21-1970) C. Procedure: 1. Request For Conditional Use; Fee: The person applying for a Conditional Use Permit shall fill out and submit to the Community Development Director a request for Conditional Use Permit form together with a fee as set forth by ordinance. An additional fee as set forth by . ordinance may be required for each meeting in excess of two (2), which is necessary because of incomplete information or changes in the petition. The Community Development Director shall refer the application to the Planning and Zoning Commission. (Amended Ord. 8, 10-21-1970; amd. 2003 Code) 2. A public hearing shall be held in accordance with section 12-14-8. (Amended Ord. 314 10-4-2005) 3. City Council Action: After a completed application has been submitted, the City Council shall follow the deadline for response as outlined in State Statute 15.99. (Amended Ord. 314,10-4-2005) 4. Amended Application: An Amended Conditional Use Permit application shall be administered in a manner similar to that required for a new conditional use permit; and the fee shall be as set forth by ordinance 1. Amended conditional use permits shall include reapplications for permits that have been denied, requests for changes in conditions, and as otherwise described in this title. (Amended Ord. 8,10-21-1970; amd. 2003 Code) 5. Reapplication After Denial: No application for a Conditional Use Permit shall be resubmitted for a period of one year from the date of said order of denial. 6. Hearing May Be Held: When a Conditional Use Permit may be of general interest to the community or to more than the adjoining owners, the Planning and Zoning Commission may hold a public hearing, and the Conditional Use Permit shall be reviewed with notice of said hearing published at least ten (10) days prior to the hearing. D. Time Limit On Implementing Conditional Use: If the City Council determines that no significant progress has been made in the first twelve (12) months after the approval of the Conditional Use Permit, the permit will be null and void. (Amended Ord. 8,10-21-1970) 1 See subsection 1-7 -3H of this code. -~- Regular Andover City C unci! Meeting Minutes - October 17,2 06 Page 8 L OCJ,Wc.; 1 MiNCJt't-S IC'), ,'1. O~ lot. This is the best fi for the neighborhood d he thought the hardship is they will relieve the property owners s unding this home. He ought this was the most logical way to do this. Councilmember de stated she discussed . s with the City Attorney and if they table this they may be able to look some of the hardship opti s. Her recommendation would be to table this to look at the hardships d if that does not work to 1 ok at another method such as an ordinance to allow this to work. Council ember Knight stated he would thdraw his second. Mayor Gamache asked for a second otion. Hearing no motion the mo . on was dropped. by Trude, seconded by Knight, to table this item to ovember 21, or further research options; potential hardships related to characteristics in the neighborhoo d ifthere is an e approach that fits better. Councilmember Jacob n asked what the purchaser of the new p cel will be doing with it. Mr. Chuck Peterson, Ko e' s Bus Service, stated the idea of splitting e lot is that they want to create two lots. One they 11 use for their own business and the other will be for sale or lease, industrial type. owned by Kottke's Bus . ng the east half for their Motion carried 3 ayes, 1 nay (Ja bson). CONSIDER LOT SPLIT/13533 j4Y STREET NW Community Development D' ctor Neumeister explained the parcel' Service. They intend to spl" the lot and sell the west half, while ret continued business use. Motion by Jacobson, Seconded by Knight, to approve the proposed lot split. Motion carried unanimously. (RES. RI23-06) -* CONSIDER CONDITIONAL USE PERMITIVALLEY POOLS AND SPAS/3426 BUNKER LAKE BOULEVARD - ~ Community Development Director Neumeister stated John Roettger, manager at Valley Pools & Spas, has applied for a Conditional1J se Permit to set up an outdoor display on the west side of the their building. Councilmember Jacobson asked if the applicant is leasing the building or owns the building. The applicant commented that they are leasing the building. -7- Regular Andover City Council Meeting Minutes - October 17, 2006 Page 9 Councilmember Trude asked if the applicant can answer questions left from the Planning Commission meeting. The applicant stated there were two major points brought up, the issue of safety and if the gate would be locked from the inside. He stated right now they have in the plans to leave it so they can open it from the inside and it would be locked from the outside at all times. They can easily after hours put a chain around so it will be chain locked as well. Councilmember Jacobson asked what height the fence would be. The applicant indicated the City requires a four foot restriction around pools and they will do six feet. Councilmember Trude stated they have already had vandalism and kids drinking behind the building and stuff starting on fIre. She wondered why they would want to put those types of valuable things outside if this is the type of neighborhood it is. The applicant stated they have a couple of issues. One is with having the product with water inside the building. Having two big pools with water inside poses a number of issues. They have already had issues with liners leaking and plumbing leaking and their floors are damaged. Their first concern is to get those products out of the retail space, outside where they actually belong. The second issue is to deal with the neighborhood. Because the area is not really lit or maintained they have those issues. If they could clean that up, the . problems will hopefully go away. Councilmember Trude stated she would rather see them buy retail space and do the display indoors. She indicated she is concerned with the comments the Planning Commission had and she did not think they could address them unless they had a roof on it and they build a building. The applicant indicated there are three other companies that have outdoor displays. He stated of their three other stores, they will have three outdoor displays and to his knowledge there has never been an issue or incident with accidents or trespassing or injuries. Councilmember Knight thought his would be an attractive nuisance that would be a possible nightmare. Mayor Gamache asked what the difference would be between this and a resident with an outdoor pool. Councilmember Trude indicated there is a dance studio and park down the road and it is in a business area. Councilmember Jacobson indicated the ordinance does not allow outdoor displays. Mayor Gamache asked what they did for Ace Hardware for their outdoor display. Mr. Neumeister explained Ace Hardware has a seasonal display of merchandise and was done as part of an approval for some type of a special permit on that building when it was constructed. Mayor Gamache asked if they were going to have these displayed in the winter. The applicant indicated they will need to keep them up and winterized with less water in them. He noted that if a person could jump a four foot fence they would be able to stand in the pool and be above water to get out. The City is concerned with toddlers falling in. Councilmember Trude wondered about the dance studio and the kids coming and going there. She thought the children can get in there if they wander over. The applicant stated the outdoor area will always remain closed and locked and the only access would be with a sales associate. He stated no -0-- " Regular Andover City Council Meeting Minutes - October 17, 2006 Page 10 one is allowed to remain in the display area without a sales associate present. Councilmember Jacobson stated right now they are talking about pools and the ordinance says they cannot have outdoor displays. If this were granted, he thought other businesses would want to have outdoor displays also. He was looking at a precedent. He thought this was more of a hazard to the kids, especially in the summer months. He did not see how they could allow this when the ordinance says it is not allowed. The applicant indicated staff told him there is an exception to the ordinance with a variance. Councilmember Jacobson stated he understood that but to him that exception would need to be a very overpowering one to overrule what the ordinance says. Mr. Neumeister stated City Code indicates outdoor display is allowed in GB and I Zoning District as a conditional use. Councilmember Trude asked ifthis is Neighborhood Business. Mr. Neumeister indicated it is. He stated there is a section that allows outdoor display only during operating hours in the Neighborhood Business District. Councilmeinber Tru u ht staff ma have misled the a licant and should refund his fee and say it is not permittedJCity Attorney Hawkins stated this is clearly prohibited and they do have a catchall section on the front page of the report but he was not real fond of that language and he did not recall them ever using that to allow a conditional use in a zone that is prohibited. ~~ Motion by Jacobson, Seconded by Trude, to deny the proposed Conditional Use Permit because the use is prohibited and the application fee should be refunded. Mayor Gamache stated based on what is in section 12-14-6aS no one really misled anyone because it is in their ordinance. It says they can have a conditional use permit if they want to. Councilmember Trude stated staff noted it was only allowed in General Business and Industrial Zones that it was allowed. Mr. Neumeister stated that is the way it reads in the code book but the paragraph the Mayor referred to sort of negates all that. It gives them an out to allow an applicant to come before the City Council and they can decide if they want outdoor displays only in two zones or 'throughout all the business districts. Motion carried 3 ayes, 1 nay (Gamache). (RES. R124-06) Councilmember Knight suggested they clean up the paragraph ~~ity Att~rn~y me~tio~ ~ ONDITIONAL USEPERMITlVETERINARYCLINICI1574154TH AVENU Community Development Director e conditional use permit for veterinary clinics . IS seeking approval of a e Shopping Center Zoning District. Motion by Jacobson ed by Trude, to approve the proposed con use permit with o animals shall be kept overnight except for surgery or other me I -''1- Regular Andover Planning and Zoning Commission Meeting Minutes - November 28, 2006 Page 8 PJav1Y)in~ C()W\mjSS~DA,) Mivvte-S J ,. 2. 8',~" The Commissioner discussed with staff what things the developments in this area would be responsible for the improvements to the roads. Motion by Kirchoff, seconded by Holthus, to recommend approval of the Conditional Use Permit for Sambulsa of Minnesota, Inc. and to direct staff to explore the shared driveway. Motion carried on a 5-ayes, O-nays, 2-(Greenwald, King) absent vote. Mr. Cross stated that this item would be before the Council at the December 19,2006 City Council meeting. -* PUBLIC HEARING: CITY CODE AMENDMENT TO DELETE CITY CODE 12-14- 6A.5 PERMITTING DISCRETIONARY CONDITIONAL USE PERMIT APPROVAL OF USES NOT SPECIFICALLYLISTED. ~ Mr. Cross stated based on direction from the City Council, the Planning Commission is asked to discuss the deletion of Code Section 12-14-6-A-5, which allows certain Conditional Uses to be located in zoning districts where they are otherwise prohibited. Mr. Cross discussed the staff report with the Commission. Commissioner Kirchoff asked what the actual change would be. Mr. Cross stated the actual change is illustrated best in the Resolution and is the deletion of part five. Commissioner Kirchoff indicated in the most recent addition of Planning magazine there was an article indicating that it was better to list prohibited items than to try to list all permitted uses. He wondered how that would fit with this. Mr. Bednarz stated if they can identify those uses to prohibit it is certainly a very proactive and useful way to approach the subject. In their own code they list uses as permitted and anything that is not listed is in fact prohibited. Part 5 was always the safety valve where if something made sense but was not listed in the code there was the opportunity to entertain it. All of the things Mr. Cross said are accurate in terms of the Council's view of that and why this is being brought forward to be deleted. Motion by Casey, seconded by Walton, to open the public hearing at 8:22 p.m. Motion carried on a 5-ayes, O-nays, 2-absent (Greenwald, King) vote. There was no public input. Motion by Walton, seconded by Casey, to close the public hearing at 8:22 p.m. Motion carried on a 5-ayes, O-nays, 2-absent (Greenwald, King) vote. Commissioner Walton stated he saw that part of the City Council meeting and understood the City Attorney's comments that as stated, "he was not fond ofthe language". -;0- Regular Andover Planning and Zoning Commission Meeting Minutes - November 28, 2006 Page 9 However, he thought it was important that the City not be so boxed in because ifthey box in things now, it becomes more difficult to change in the future. If they remove language that gives the City Council the veto power to allow something that in the future makes sense, they will not be able to do it and they may end up with barren land or a building that sits vacant for a number of years because conditional uses in that particular area as they were originally granted don't allow it to be changed.or any flexibility in change. That is the only concern he really had in removing this because it makes everything so black and white, it does not allow for any creativity to spawn change. . He thought that is what it was intended to be left there for was to give some flexibility and veto power. He thought what Commissioner Kirchoff mentioned made sense. Chairperson Daninger agreed with Commissioner Walton and asked staff if there was another opportunity for Council to make decisions. Mr. Bednarz stated the applicant can always request the City to amend the code to put a use into a Zoning District. Commissioner Holthus stated at the City Council meeting Councilmember Knight suggested they clean up the paragraph that the City Attorney mentioned. She wondered ifthere was any way they could maintain the flexibility while at the same time make the Council's decisions defendable if challenged. Mr. Bednarz thought that could be done if that is the decision that is selected. Commissioner Walton recommended instead of pulling this and then looking at it and putting it back in, they look at a rewrite with the City Attorney to allow the flexibility to sta there because if they pull it out, it is harder to put it back in. Motion by Walton, seconded by Casey, to recommend to the City Council to have staff work with the City Attorney to modify but not delete the existing paragraph due to the flexibility that it allows not only the current governing body of Andover but the future governing bodies of Andover and that the City Council's decisions are defendable. Motion carried on a 4-ayes, I-nays (Daninger), 2-absent (Greenwald, King) vote. Mr. Cross stated that this item City Council meeting. OTHER BUSINESS. Mr. Bednarz updated the Planning Commission on related items. Mr. Bednarz mentioned that the City is now taking applications for the Plarming Commission, Park Commission and Community Center Advisory Commission. -/1- (f?J 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US CC: Jim Dickinson, City Administrator Will Neumeister, Community Developme FROM: Courtney Bednarz, City Plannej:, TO: Mayor and Councilmembers SUBJECT: Discuss 2007 CDBG Application - Planning DATE: December 19,2006 INTRODUCTION The 2007 Community Development Block Grant funding cycle is underway. Attachment A illustrates the types of projects that are eligible. Attachment B illustrates the projects that were funded in 2006. DISCUSSION For the 2006 cycle, the City was successful in obtaining $29,203.50 for the Comprehensive Plan Update. It is anticipated that these funds will be expended in 2007 as technical studies for the plan are conducted. Staff has been informed that cities who received funds for comprehensive plans last year will not receive additional funds for the same project this year. Staff continues to operate the Rental Rehabilitation Revolving Loan Program on funds that were initially obtained through CDBG in 2004. Since that time the funds have been used to rehabilitate both sides of a twin home. The funds were repaid after the property was split to provide a separate property for each unit. These funds are now being used to construct garages on two other properties in the Crosstown Redevelopment Area. Potential 2007 Projects Additional Rental Rehabilitation Loan Funding - Additional funding can be requested for this program that meets stringent CDBG requirements for assistance to low and moderate income individuals and families. In the event that projects to utilize the funds do not materialize, the city can request reallocation of the funds to another qualifying project. Staff suggests the application request $50,000. Public Service Requests for Letters of Support The city typically provides letters that support applications of public service agencies that operate within the community when they are requested. This year, North Anoka Meals on Wheels, the Anoka County Community Action Program and Youth First have requested letters of support. ACTION REOUESTED 1. Please modify and approve the attached resolution authorizing the selected CDBG application. Applications must be submitted to Anoka County by January 8. 2007. 2. Please also authorize letters of support for the public service agencies described above. Attachments Proposed Resolution Attachment A - Eligible Projects Attachment B - Projects funded in 2007 -2.- CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA R A RESOLUTION AUTHORIZING APPLICATIONS FOR 2007 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO BE USED TO CONDUCT PROJECTS WITHIN THE CITY OF ANDOVER FOR THE BETTERMENT OF ANDOVER RESIDENTS WHEREAS, the City Council recognizes the need to use Community Development Block Grant funds for the betterment of Andover residents; and WHEREAS, the County of Anoka makes said funds available to the City through the United States Department of Housing and Urban Development, following guidelines established for the use of Community Development Block Grant funds; and WHEREAS, the City will be eligible to receive funds distributed by Anoka County to conduct projects for the residents of the City for the 2007 fiscal year; and NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby approves the 2007 Community Development Block Grant Projects and Budget as follows: 2007 Authorized CDBG Applications with Request Amount Proiect Rental Rehabilitation Revolving Loan Program 2007 Prollosal $50,000 TOTAL $50,000 Adopted by the City Council of the City of Andover on this _ day of December, 2006. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Victoria V olk, City Clerk -3~ Eligible Projects While there are many aspects that must be considered in selecting activities to assist under the CDBG program, there are three key steps that need to be takeJ;l initially in determining if CDBG funds may be used for a proposed activity: Step 1 - Is the activity included within the listing of eligible activities? . Acquisition of Real Property . Disposition of Real Property . Special Economic Development . Public Facilities and Improvements Activities . ClearancelDemolition . Microenterprise Assistance . Public Services . Homeownership Assistance . Relocation . Planning and Capacity Building . Loss of Rental Income . Other Miscellaneous Activities (i.e., . Privately-owned utilities Accessibility Improvements, . Rehabilitation Technical Assistance, Housing . Construction of Housing Assistance, etc.) . Code Enforcement Step 2 - Does the activity fall within a category of explicitly ineligible activities, despite its apparent inclusion within an eligible activity category? . Buildings or portions thereof, used for the General Conduct of Government . General Government Expenses . Political Activities . Purchase of Equipment . Furnishings and Personal Property . Operating and Maintenance Expenses . New Housing Construction . Income Payments Step 3 - Does the proposed activity meet one of the National Objectives of the program? . Benefiting low- and moderate-income persons . Preventing or eliminating slums or blight . Meeting an urgent community development need Additional things to consider include: . CDBG funds are intended to be used to start a new program/project, expand an existing program/project, or fund a new service of the program/project. . CDBG funds are NOT intended to be used to fund the on-going expenses of an existing program/project. . The County is required to ensure that a minimum of 70% of the funds are used to benefit low- and/or moderate-income persons. . Proposed project/program costs ofthe activity must be necessary and reasonable, and conform to HUD requirements. . BUD limits the amount of the grant that can be used to fund public services and/or planning projects. . The County must ensure that funds are awarded in such a manner as to meet the goals and objectives outlined in the Consolidated Plan. -L/~ L i CDBG Proposed Projects - Community Development - Anoka County, MN Page 1 of2 L m ~~~~~~~~".. .~~~1_ w<!ioomo II> tho Web siw of Anoka County Minmls<l!ll~ -_.... .... ..fiC?l11.e..~>pe'parll11f!{)t~~>,C;C?".f!!nl11ent~/..~f!rvlcf!s.~~.COI11I11.lJ{)ity[)evelC?PI11f!f)t..~>.g[),?c;?003p'rC?PC?~f!dP.!Oif!cts... , l COBG 2006 Selected Activities Community Development Home Page Contact Us CDSG Program Program Requirements Application Timeline 2006 Selected Activities Forms DEPARTMENiS ...... ElJE.cn:n OFFICIALS 1. Anoka County Community Action Program (ACCAP): County-wide housing rehab - $131,372 2. Anoka County Community Action Program (ACCAP): Furniture for low-income county residents - $10,000 3. Anoka County Community Action Program (ACCAP): Removal of vacant substandard mobile homes - $130,000 4. Anoka County Community Action Program (ACCAP): Senior outreach services - $25,000 5. Alexandra House, Inc.: Carpet and floor tile replacement in shelter- $51,144 6. Alexandra House, Inc.: Women's advocacy services - $25,000 7. City of Andover: Update city's Comprehensive Plan- $29,203.50 8. Anoka County Community Corrections: Inmate labor on housing projects - $40,000 9. City of Blaine: Blaine Courts Senior Apt. remodel - $20,000 I 10. City of Blaine: Northgate Woods Senior Apt. fire prevention work- I $45,000 I I 11. Community Emergency Assistance Program (CEAP): Needs of people financial assistance program - $10,000 12. CentenniallSD #12: 2006 Summer Fun Program - $10,000 13. Central Centerfor Family Resources: Bridgeview services - $12,000 14. City of Columbia Heights: Demolition of Mady's Bowl & Retail Center - $200,000 15. City of Coon Rapids (Entitlement funds): Citywide home rehab _c_ v http://www.co.anoka.mn.us/v I_departments/ div-govemmental-services/dept-community -... 12/12/2006 CDBG Proposed Projects - Community Development - Anoka County, MN Page 2 of2 program - $237,570 16. Family Life Center: Operation Clean Air will address facility's air quality issues - $26,000 17. Free to Be, Inc.: Emergency car repair program - $12,734 18. City of Ham Lake: Expand senior center garage for mini bus - $35,000 19. Meals for Shut-Ins: Meals delivered to homebound individuals- $15,000 20. North Anoka Meals on Wheels: Deliver food to home bound individuals - $18,000 21. North Suburban Counseling Center: Sliding scale fee therapy program - $10,000 22. Northwest Anoka County Community Consortium: Youth First Program - $15,000 23. City of Ramsey: Update city's 2001 Comprehensive Plan - $29,203.50 24. Southern Anoka Community Assistance: Food shelf and other services - $20,000 25. City of St. Francis: Highway 47 Industrial Park - $252,144 r\, To read and print Adobe Acrobat (PDF) files, you must have the Adobe Acrobat Reader program, which is free and can be downloaded from the Adobe Web site. page last updated - 11/28/2006 Privacy Policy & Disclaimer I HIPAA Notice of Privacy Practices I Feedback I Top of Page This is the official Web site of Anoka County Government. Copyright @ 2006 Anoka County. For information about Anoka County Government programs, use the contact information provided in each program description. For all other questions about this Web site, use Feedback to contact the Webmaster. -6-- http://www.co.anoka.mn.us/v 1_ departments/div-govemmental-services/dept -community -... 12/1212006 NORTH ANOKA MEALS ON WHEELS 1562 VIKING BLVD.Cedar, MN. 55011 763-434-2036 fax 763-434-2037 www.novaknamow@aol.com TO: CITY ANDOVER FROM: NORTH ANOKA MEALS ON WHEELS RE: CDBG FUNDS I want to take this opportunity to thank you for the past support of North Anoka Meals On Wheels through your CDBG Funds. As you know the CDBG Funds for Public Services are now being administered through Anoka County directly to our programs. However as part of our application for those funds we are required to send letters of support from the cities our program serves. North Anoka Meals On Wheels serves the elderly and disabled nutritionally balanced meals. This service helps the clients stay in their own homes. I am asking you to send me a letter stating that your city supports this vital service in your community by December 29, 2006. Thank you, Maggi Novak, Executive Director -7~ 12/13/2005 15:41 7537834700 ACCAP PAGE 02/03 ~ ANOKA COUNTY COMMUNITY ACTION PROGRAM, INC. 1201 ~1 AYllQus NI; . Suite 345 . Blam. Milt ~. Phone 7113-'1S3-4747. FAX 763-783-4700 . TTY 7S$.783-4724 E""l8t. ~@a<x:$p.org II) ALOolhJdWoly "- Mr. Will Neumeister City of Andover 1685 Crosstown Blvd NW Andover, MN 55304 December 12, 2006 Dear Mr. Neumeister: 1 am writing on behalf of the ACCAP Senior Outreach Program, which serves seniors (60+) within the community of Andover. I am again in the process of completing an application for CDBO funds through Anoka County. I am contacting yon in hopes that I could include in my application a letter of support from the City of Andover. Any words of support would be greatly appreciated. Also, I enclosed the annual report for the Senior Outreach Program. This report indicates the number of individuals served during the past program year (September 2005 - August 2006), their ages, gender, Uving situation, etc. It also indicates the different referrals made which will provide insight into the problems fi1ced by the residents in your community. We welcome your referrals whenever a concern exists regarding one of your senior residents. Thank: you so very muchl Web site: www.accap.org -?- ACCAP SENIOR OUTREACH PROGRAM ANNUAL REPORT city of Andover 2005-2006 1. NEW CLIENT - HOUSEHOLDS: * Income Level (# of Households) * Age (# of Individuals) 2. NEW CLIENT - INDIVIDUALS: 18 200% Poverty Below: Above: HUD Section 8 Below: Above: Income Unknown: * Size of Household One: Two: 9 3 Three: Four+: * Female Head of Household: 10 * Type of Dwelling Private Home: Mobile Home: Senior Housing: Apartment: Other: 13 9 o 9 o 4 Under 59: 60-64: 65-69: 6 70-74: 1 75-70: 2 80- +: 1 5 3 (# of Individuals) * Gender Female: Male: 11 1 o * Race (# of Individuals) Asian: Black/Afr. American: Caucasian/White: Hispanic: Native American: Other: 10 o 1 2 o 7 o o 18 o o o * Disability (# of Individuals) Hearing: 0 Mental: 0 Speech: 0 Visual: 0 Emotional: 0 Other: 2 Orthopedic: 0 3. ON-GOING CLIENT VISITS: 39 4. REFERRALS MADE/AGENCY CONTACTS: 88 to over 25 programs/agencies EAP-I0, Furniture Warehouse -1, Housing Rehab -1, Food Stamps -2, Anoka County Human Services -5, Medical Assistance -7, Public Health Nursing -2, QMB - 4, Clothing Distribution -1, Rehab Services -1, Food Shelf -7, Health Insurance Counseling -3, Heat Share -1, Holiday Distribution -1, Home Health Care Agency -1, Housing Assistance -5, Legal Services-I, NAPS-13, Rep Payee Services-3, Salvation Army -1, Senior Center-4,Senior Companion Program-I, Senior Linkage Line-I, Social Security Administration-I, Tax assistance -3, TAP -4, Utility Discount Programs -1, Other -2 5. FA.~ILY ALREADY INVOLV~D: 12 FAMILY CONTACTED BY OUTREACH WORKER: 6 6. REQUESTS FOR OUTREACH VISITS FROM OUTSIDE SOURCE: 6 Anoka County Human Services -3, Anoka County Income Maintenance -1, Public Health Nurse -1, Elder Network Program Coordinator.-l -1--- Dee 14 06 10:58a Heidi Geiss 763-421-8960 p.2 2829 Vernd I Avenue, Suite 2 Anoka, Min ota 55303 Phone: 763 1.8530 Fax: 763-42 960 www.youth.net YOUTH FIRST COMMUNITY OF PROMISE AMDOVER. ANOKA- RAMSEY To: From: Date: City of Andover Traci Warnberg-Lemm December 14,2006 est is for formal support from the City of Ramsey for the Youth First Community of Community Development Block Grant (CpBG) application to Anoka Cmmty. th First Community of Promise (YFCoP) mobilizes individuals and collaboratives to >xperiences that ensure a healthy start, safe places, caring adults, marketable skills and pportunities for young people in the greater community of Andover, Anoka and . To accomplish this mission, YFCoP provides educational and recreational 'ties to high risk/low-income youth, families and neighborhoods. The YFCoP will sup d facilitate a Site of Promise in the City of Ramsey. Sites of Promise are places where youth s end their time and have opportunities to practice and demonstrate new problem solving, leade 'p, social and life skills. By working with Ramsey as well as local businesses, civic org tions, faith communities and program participants, low income community youth will be provi needed social support. Research illustrates that low income youth are more likely to exhib t . sk factors such as alcohol, dmg and tobacco use/abuse, truancy, gang membership, lowe ademic achievement, risky sexual behaviors, etc. irst Community of Promise will work with the City of Andover on the finer details prior plication submission on January 8, 2006. Pleas me at 612-275-2299 with any questions about our request. If po Ie, we hope to secure a letter of support with our CDBG appli ion which is due January 8,2006. ou for your consideration. LVl,\\'\.VYiY \.Q.~ CARING SA FE p~OClL.rs a lJea"",ACES ~.A.B stan se~ S1<ILLs ""'8IIusiiies Active Partners with: Anoka County. City Governments of Andover, Anoka & Ramsey. School District #11. Business. . Faith Based Communities. Civic & community groups. Youth Fir t ommunity of Promise operates under the direction and administration of the Northwest Anoka County Community Consortium -10- @). 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755.5100 FAX (763) 755-8923. WWW.CJ.ANDOVER.MN.US TO: Mayor and Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Schedule EDA meeting DATE: December 19, 2006 INTRODUCTION The Council is requested to schedule an Economic Development Authority (EDA) meeting at 6:00 pm before the January 2,2007 City Council meeting. DISCUSSION Tentative agenda items for an EDA meeting have been identified as follows: 1. Update on Economic Development Activities 2. TIP Cash Flow Presentation 3. TIP Project Review 4. Organizational Items 5. Letter of Intent Review and Purchase Agreement Updates 6. Other Business Other items may be added upon request, or the meeting will be cancelled if no new information comes forward on the identified agenda items ACTION REOUIRED Schedule an EDA meeting at 6:00 pm before the January 2,2007 City Council meeting. CITY OF NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Schedule January Council Workshop DATE: December 19, 2006 INTRODUCTION @) The Council is requested to schedule a Special Council Workshop for the month of January for a number of miscellaneous business items. DISCUSSION Potential agenda items for a January workshop have been identified as follows: 1. Youth First Update 2. Diseased Tree Enforcement Policy 3. Comprehensive Plan Discussion 4. Revisit - 148th Lane NW Improvements 5. Butternut & Flintroad Discussion 6. Railroad Quiet Zones/Way Side Horns Update 7. Farm Winery Discussion Other items may be added upon request. ACTION REOUIRED Schedule a Council Workshop, a suggested date is Tuesday January 23rd or another date acceptable to the Council. @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: Administrator's Report DATE: December 19, 2006 The City Administrator will give a brief verbal update on various items of interest to the City Council and to the residents at the meeting. Listed below are a few areas of interest: 1. Administration & City Department Activities 2. Update on Development Activity 3. Update on Public Improvement Projects 4. Meeting Reminders 5. Christmas and New Years Day Holidays - City Office Hours Reminders 6. Miscellaneous Projects Upon receipt of the meeting packet, if a member of the Council would like an update on a particular item, please notify me so an adequate update can be made.