HomeMy WebLinkAboutWK February 27, 2007
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
City Council Workshop
Tuesday, February 27,2007
Conference Rooms A & B
1. Call to Order - 6:00 porn,
2. Youth First Update
3. Discuss Improvements at Crosstown Drive & Crosstown Boulevard/06-48 - Engineering
4. Discuss Monitoring Well Requirement - Engineering
5. Discuss Erosion Control Ordinance - Engineering
6. Single Family Residential Rental Discussion - Planning
7. Update on Cell Towers in Public Parks - Planning
8. Deer Population Survey - Planning
9. Repeated Zoning Code Violations - Planning
10. Comprehensive Plan Update - Planning
11. Other Business
12. Adjournment
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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: Youth First Update
DATE: February 27,2007
INTRODUCTION
Heidi Geiss of Youth First will be present at the meeting to provide an update on Youth First
activities in Andover,
DISCUSSION
Heidi has indicated the she will highlight Youth First programs last summer, this school year at
the Community Center, and talk about their new relationship with Oak View Middle School.
ACTION REOUESTED
Receive a presentation and Council questions after the presentation are encouraged.
CITY OF
NDOVE
@
1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
CC:
Mayor and Council Members ~
Tun Dicki",mn, City Admini_ ~
David D. Berkowitz, City Engineer
TO:
FROM:
SUBJECT:
Discuss Improvements at Crosstown Boulevard & Crosstown Drive/06-48 -
Engineering
DATE:
February 27, 2007
INTRODUCTION
The City Council is requested to discuss possible safety improvements to the intersection of
Crosstown Boulevard and Crosstown Drive, Project 06-48.
DISCUSSION
Staff has met with the Anoka County Highway Department to discuss potential safety
improvement to the intersection of Crosstown Boulevard and Crosstown Drive. Here are a few
options that are worth discussion:
. Signs restricting left movements for peak traffic times such as 7:00 AM to 8:30 AM and
3:00 PM to 7:00 PM. Ibis would require strict enforcement.
. Physical improvements such as a right-inlright-out median (refer to attached drawing).
. Closing off the left turn movement (to go north bound) from Bunker Lake Boulevard to
Crosstown Drive.
. Closing off Crosstown Drive at Crosstown Boulevard.
There are pros and cons to all of these options, which will be discussed at the meeting.
ACTION REOUIRED
Discuss possible safety improvement options to Crosstown Boulevard and Crosstown Drive,
Project 06-48.
Respectfully submitted,
David D, Berkowitz
Attachments: Right-InIRight-Out Drawing/
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1685 CROSSTOWN BOULEVARD N.W, . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW,CI.ANDOVER.MN.US
David D. Berkowitz, City Engineer
TO:
CC:
FROM:
SUBJECT:
DATE:
Mayor and Council Members
Jim Dickinson, City Administrator
Discuss Monitoring Well Requirement - Engineering
February 27,2007
INTRODUCTION
As part of the City's Water Emergency and Conservation Plan and for the City's Water Appropriation
Permit, the DNR is requiring the City to provide a monitoring well near Bunker Lake (refer to attached
location map) to study if there is a direct correlation between pumping ground water from the aquifer to
surface water elevations.
DISCUSSION
City staff, along with the DNR, has contacted the Anoka County Parks Department to discuss utilizing an
existing well in the Bunker Hills Regional Park for the study. The County Parks Department will allow
the use of a well that currently serves a shelter located near Bunker Lake. The DNR will allow the use of
this well as long as the measurements are taken by mechanical means and not by continuously opening
and closing the well.
Drilling a new monitoring well would cost $30,000 to $40,000. By utilizing an existing well the required
readings of the well drawdown can be measure using the City's existing SCADA (Supervisory Control
And Data Acquisition) system. This equipment will allow measurements at desired times and report the
information back to the main controls at the Water Treatment Plant. The cost to install this equipment is
$10,000 to $12,000.
Once the monitoring well is in place and other minor items are addressed the DNR will extend the City's
Appropriation Permit out for the next 10 years. This would allow the City to pump the needed water
from the aquifers and drill additional wells in the City for the next 10 years without going through a year-
by-year Appropriation Permit. The DNR has informed the City that a monitoring well will need to be in
place before the Appropriation Permit can be issued and before any additional wells are approved.
City staff recommends utilizing the existing Anoka County Parks well and installing the SCADA system
as described.
BUDGET IMPACT
The cost for the SCADA system would be funded from the City's Water Trunk Fund.
ACTION REQUIRED
The City Council is requested to direct staff to proceed with the installation of the SCADA system to
monitor an existing well in Bunker Hills Regional Park.
Respectfully submitted,
cGJ~."7<.,t ,.~
DavidD. Berkowi~
Attachment: Well Location Map"/
@
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
David D. Berkowitz, City Engineer
TO:
Mayor and Council Members
From:
Kameron Kytonen, Natural Resources Technician
Subject:
Date:
Construction Site Erosion and Waste Control Ordinance - Engineering
February 27,2007
INTRODUCTION
The City of Andover is required to comply with the latest NPDES (National Pollutant
Discharge Elimination System) regulations set forth by the Minnesota Pollution Control
Agency (MPCA). One requirement as part of this program is to have an ordinance or other
regulatory mechanism in place, which has language on erosion and sediment controls and
sanctions for compliance.
DISCUSSION
The City currently has language with specifications to this requirement in documents including
other ordinances, development contracts for new development, guidelines and plans, Staffhas
put together a draft ordinance, which combines information in these documents with
information from ordinances of other cities and additional language on processes staff is
currently using.
ACTION REQUESTED
It is requested that the City Council review the draft ordinance and provide comments as
needed.
Respectfully submi, ed,
~K_ ;.
Natural Resources Technician
Attachment: draft Construction Site Erosion and Waste Control Ordinance /
CITY OF ANDOVER
COUNTY OF ANOI{A
STATE OF MINNESOTA
ORDINANCE NO.
Section 1. Declaration of Policy
The City of Andover has determined that during the construction process, soil and debris
is highly vulnerable to erosion by wind and water. Eroded soil and debris endangers
water resources by reducing water quality and causing the siltation of aquatic habitat or
fish and other desirable species. Eroded soil and debris also necessitates repair of sewers
and ditches and the dredging of waters of the state.
The purpose of this Construction Site Erosion and Waste Control ordinance is to
safeguard persons, protect property and prevent damage to the environment in the City of
Andover. It is intended to also promote the public welfare by guiding, regulating and
controlling the design, construction, use and maintenance of any development or other
activity that disturbs or breaks the topsoil or results in the movement of earth on land in
Andover and generates debris. (Amended Ord. 214, 5-6-1997)
, The information in this code is supplemental to language in other codes, plans, policies,
guidelines and contracts included but no limited to the following:
1. City of Andover Water Resource Management Plan (WRMP);
2. Building Rules and Guidelines; and
3. Development contracts for new plats.
Section 2. Def"mitions
BEST MANAGEMENT PRACTICES (BMP's): Technique or series of techniques,
which are proven to be effective in controlling runoff, erosion, sedimentation and
construction debris confinement.
BUILDER: The general contractor or owner of individual lots.
CITY: City of Andover.
CITY ENGINEER: Officer or other designated authority charged with the administration
and enforcement of this chapter.
CONSTRUCTION DEBRIS: Any waste generated as a result of construction including
but not limited to discarded building materials, concrete truck washout, chemicals, litter
or refuse and sanitary waste.
1
CONTRACTOR: For the purpose of this ordinance, any party including but not limited to
developers, builders or persons who's responsible for abiding by the applicable
requirements set forth,
DEVELOPER: Any person, firm, corporation, sole proprietorship, partnership, state
agency or political subdivision thereof engaged in a land disturbance activity.
DNR: Minnesota Department of Natural Resources
EROSION: The wearing away of the ground surface as a result of the movement of wind,
water, ice and/or land disturbance activities.
EROSION CONTROL: A measure that prevents erosion.
ESTABLISHED YARD: A yard that has permanent ground cover established suitable for
long-term erosion control including but not limited to seed, sod, native plant
communities, shrubbery, trees, rock or mulch.
GRADING, DRAINAGE AND EROSION CONTROL PLAN: A city and local
watershed approved plan required prior to commencement of any site grading, which
details grading requirements, drainage characteristics and erosion control methods.
LOCAL WATERSHED: The local regulating authority for watershed management; the
two servicing Andover include the Coon Creek Watershed District (CCWD) and Lower
Rum River Watershed Management Organization (LRRWMO) respectively.
MPCA: Minnesota Pollution Control Agency.
PERSON: Any individual, firm, company, association, society, corporation or group,
ROUGH GRADE: The stage at which the grade approximately conforms to the approved
plan.
SITE: Lot, plat, subdivision,
SITE GRADING: Excavation or fill of material, including the resulting conditions
thereof.
STORM DRAIN (Sometimes Termed STORM SEWER): A drain or sewer for conveying
storm water runoff, ground water, subsurface water or unpolluted water from any source.
SUSPENDED SOLIDS: Total suspended matter that either floats on the surface of, or is
in suspension in, water, wastewater, or other liquids, and that is removable by laboratory
filtering as prescribed in "Standard Methods For The Examination Of Water And
Wastewater" and referred to as non-filterable residue.
2
Section 3. Application and SWPPP Requirements for Contractor
It is the responsibility of the contractor to obtain all the necessary permits from the
MPCA and abide by all the requirements set forth in the General Stormwater Permit for
Construction Activity (Permit Number: MN R 100001).
Section 4. Right of Entry Provision
Every licensee shall allow any peace officer, health officer, or properly designated officer
or employee of the City to enter, inspect, and search the premises of the licensee at
reasonable hours without a warrant.
Section 5. Onsite Activity Requirements
5.1 Debris Storage: All construction debris shall be kept in an enclosed building or
properly contained in a closed container designed for such purposes throughout the
construction process,
5.2 Waste Disposal: It shall be the responsibility of the contractor to dispose of all their
construction debris in a manner approved by the City. The City requires that construction
debris be disposed of by a garbage hauler.
5.3 Construction Entrance Criteria: The contractor shall take all the necessary
measures to prevent erosion of sediments from the site onto the City streets during the
construction process. Such practices shall occur in the manner as prescribed in section
8.2 of this chapter.
5.4 Site Dewatering: Water pumped from the site shall be treated prior to entering a
wetland, lake, river or stream to meet requirements set forth by DNR and MPCA rules
and regulations.
Section 6. Erosion Control and Site Stabilization
6.1 Erosion Control Placement Requirements: Silt fence shall be installed on
individual lots in the following locations:
1. Adjacent to or in a location to protect a wetland on or near the property;
2. Adjacent to or in a location to protect a sedimentation pond, basin or drainage
swale on or near the property;
3, Adjacent to or in a location to protect an established yard;
4. Adjacent to or in a location to protect a valuable piece of natural land; and
5. Any other reason as determined by the City Engineer or designee.
6.2 Silt Fence InstaUationProcedures: Silt fence shall be installed at a minimum to
meet the City of Andover standard details.
3
6.2 Site Erosion Control Timelines for Compliance: Silt fence shall be installed in all
the locations of the site per the Grading, Drainage and Erosion Control Plan and
inspected to ensure compliance by the City Engineer or designee prior to any site
grading, No grading shall take place until verbal authorization between the City Engineer
or designee and the contractor.
Silt fence shall be installed in the locations as prescribed in section 6.1 of this chapter
prior to the release of a building permitto the builder for each individual lot. No permit
shall be issued until the City Engineer or designee signs the Building Permit Application,
6.3 Temporary Site Stabilization: Sites that are to be left with barren soils exposed for
more than two weeks following the completion of rough grading due to weather
conditions, time of season, construction phase or other reason shall be temporary
stabilized by establishing adequate ground cover with city or watershed approved
measures, which may include but is not limited to one or more of the following:
1. Straw fiber blanket;
2. Mulch;
3. Hay;
4. Seed or sod; or
5. tarping
Section 7. Inspections and Investigations
The City Engineer or designee shall do periodic inspections as often as practical to ensure
the proper erosion control and construction debris containment measures are being
respected. Inspections will take place at least bi-weekly during the spring, summer and
fall months and after each rainfall event of 0.5 inches or more.
Section 8. Sanctions for Compliance
8.1 Violations Declared: A case where a BMP has failed, was removed, was not
properly installed, was not installed or was not managed properly, which increases the
potential for pollutants to waters of the state includes but is not limited to the following:
1. Silt fence failure or improper installation;
2. Non-storm water discharges on impervious surfaces;
3. Garbage, refuse, construction debris; and
4. The presence of barren soils for an extended period of time;
4
8.2 Corrective Measures: The following are corrective measures that shall be taken to
correct a violation:
1. Repairing and/or adding silt fence;
2. Removing pollutants from impervious surfaces including streets and gutters
including but not limited to sand or other sediment, brush, garbage, refuse,
construction debris, oils and concrete washout by sweeping using a mechanical
street sweeper or other means or effectively removing the material(s) and properly
disposing of;
3. Picking up materials including but not limited to garbage, refuse or construction
debris in and amongst the grounds of the development and/or adjacent properties
and properly disposing of the material by recycling or placing in an enclosed
container; and
4. Stabilizing the site by furnishing adequate ground cover to lessen wind and water
erosion as prescribed in section 6.3 of this chapter.
8.3 Procedure for Correction: Upon the determination of a violation, the City Engineer
or designee will contact the contractor to indicate the corrective measures that shall be
taken. A deadline shall be given with penalties for failing to comply with the set
deadline.
The contractor shall be notified both orally and written, and will be given a reasonable
timeframe for correcting the violation.
8.4 Penalties for Non-compliance: If the contractor fails to meet the deadline set forth
by the City Engineer or designee, one or more of the following penalties will be assessed:
1. City forces performing the necessary work or contracting for the completion of
the work and billing the contractor for said services and/or using escrow funds;
2. Discontinuing the issuance of any permits or Certificate of Occupancies (CO's) in
the development or for the individual lot;
3. Stop work orders; and
4. Discontinuing any more scheduled inspections.
5
CITY OF
NDOVE
@
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER,MN.US
...-
CC:
To:
FROM:
SUBJECT: Single Family Residential Rental Discussion - Planning
DATE:
February 27, 2007
INTRODUCTION
As directed by Council, staff have been following what the City of Blaine and other cities in
the Metropolitan Area are doing to regulate single-family residential rental units.
DISCUSSION
Attached are a few news articles, a report and proposed ordinance from the City of Blaine
related to what they are about to enact. This new code change will allow them to
license/regulate the single-family, duplex, and townhome rental units in their city. Until now
these units have not had to undergo any inspections or licensing requirements. The City of
Blaine will now be hiring a new code enforcement person to administer this program and it
will be covered by the fees that will be paid by the rental licensees.
The case can be made that if not regulated or inspected, these rental units can become more of
a problem for the city police and code enforcement staff related to disorderly conduct and
substandard dwelling conditions than any of the other currently regulated rental units in the
city. The trend in these other cities appears to be towards adopting new rental control license
requirements to contain the problem before it gets out of hand.
ACTION REOUESTED
Council is asked to review the materials and provide staff direction on any further work that is
needed.
Respectfully SUbm~
Will Neumeister
Attachments
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CITY OF BLAINE
\. .... _......WI ;;1
TO: Mayor and City Council
APPROVED:
f
l,u/
FROM:
Dave Johnson, Safety Services Manager
DATE:
February 15,2007
NO.: 12.4
ITEM:
ADMINISTRATION: First Reading - Ordinance No. 07-2122, Deleting Section 18-
322 Chapter 18, Buildings and Building Regulations, Article VIII, Residential
Maintenance Code, of the Municipal Code of the City of Blaine; and Adding Article X ,
to Chapter 18 of the Municipal Code of the City of Blaine Relating to Licenses for
Rental Dwellings
BACKGROUND:
Over recent years, a number of issues regarding rental housing in the City of Blaine have
presented themselves. Specifically, these issues are the licensing and periodic inspection of
all rental housing units inclusive of both single and multi-family units and conduct of tenants
in rental housing units that impact their immediate neighbors, neighborhoods and the
community as a whole. To those ends, it is proposed that Section 18-322 "Licensing of rental
units" of the Blaine City Code be deleted and replaced by the proposed Article X "Licenses
For Rental Units" located in Chapter 18 "Buildings and Building Regulations" of the Blaine
City Code.
The amendment would divide rental housing licensing into two categories. The first would be
the approximately 700 single family homes that are renter occupied in the City of Blaine. The
second would be the approximately 125 buildings with 1508 units that are multi-family
housing (duplexes, townhomes, apartments, etc.) that are renter occupied in the City of
Blaine. The single family rental units would be inspected every two years and the multi-
family buildings and representative units would be inspected annually. The inspections and
licensing activities would be conducted by Housing Services Specialists in the Community
Standards' Division. Inspections would be looking for code, fire code and health and safety
ordinance violations and would require that corrective action by licensees be taken.
The amendment would mandate that licensees (owners) are responsible to ensure that persons
occupying or present at the rental dwelling conduct themselves in such a manner as not to
cause the premises to be disorderly. ' The definition of disorderly for the purposes of this
ordinance are the same behaviors currently specified in Blaine City Ordinance Section 50-141
"Disorderly House". Conduct violations that meet the defined standard will generally be
responded to by complaints received at the Police Department. Evidence of response and
verification of a conduct complaint will be made by a police report and forwarded to the
Community Standards Division for tracking. The amendment proposes that specific action(s)
must be taken by the licensee for the first and second violation(s) in a calendar year. The
amendment also permits the City Council, after a third conduct violation in a calendar year,
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C:\DOCUMENTS AND SEITINGS\WNEUMElSTER\LOCAL SE'ITINGS\TEMPORARY 1NTERNETF'JLES\OLKI81\COUNCfi. COVER FOR ORDINANCE 07-2122RENTALHOUSING.DOC
Cover Memo - Ordinance No. 07-2122
Page 2
and subsequent to a public hearing, the authority to deny, revoke, suspend or not renew the
rental dwelling license.
Finally, Rental Dwelling Licenses will be issued for a period of one calendar and will
commence on June 1 of each year. The license fees will be established by resolution and will
be collected for each building and unit in a rental dwelling
RECOMMENDED COUNCIL ACTION:
By motion, approve Ordinance No. 07-2122.
ATTACHMENT:
Ordinance No. 07-2122
-J'~
CITY OF BLAINE
ORDINANCE NO.
AN ORDINANCE DELETING SECTION 18-322 FROM ARTICLE vm OF CHAPTER
18 OF THE BLAINE CITY CODE, AND ADDING ARTICLE X TO CHAPTER 18 OF
THE BLAINE CITY CODE, RELATING TO LICENSES FOR RENTAL DWELLINGS
THE CITY OF BLAINE DOES ORDAIN:
See. 18 322. Licensing of Fantal units
(a) Requirof1; fJoriod; rOADY/at; oF/forcing Dg3,;nsf OWRDr OOSl1fJORt. To allow for a E:ystematic
enforcement of this 'article upon rental dwollingc, no porson chall, after tho enactment of
ordinance from '....hich the article is dori'/ed, operate a rental dwelling 'Nithout firct having
obtained 3 license to do E:O from the city, as pro'/ided in thic seotion. Each such operating
licenE:e shall be iE:sued annually and chall expire on the anni\<erE:ary date of ismmnoe. Liccmse
renowals shall ee filed at least eQ days prior to the lioense expiration date. If ::m impairment
should occur in an owner ocoupied dwelling that threatenc the health, safoty, and wolfare of the
occupants or adj:::lcent property owners/rentorc, and if the impairment is a '/iolation of sootion
18 J1a, the oity ic empowered to enforoe this articlo.
(b) Conform3noo fJrorofl/l:Jisito to issu:lRfi}o. No operating lioenE:e shall be issued or renewed
unless the rental d'Nelling and its premises conform to the ordinances of the city and the la'Ns of '
the st3te.
(c) Lioense foes, The annual lieense fee and expiration date E:hall be as established by
action of the council.
(d) OWF/er Qr afleF/t to a{)fJ.ly. Lioense applic:::ltion or rencm:::ll applic3tion E:hall be made by
the o'.-mer of rental units or the owner's legally constitl,lte agent. Application forms may be
acquired from and sub6equently filed with the city inE:pector.
(e) Resident afloFlt roquIrog. No operating license shall be isslled or renowed for a
nonresident owner of rental dwelling units (one who cloes not reside in any of the following state
sOb/nties: Hennepin, Ramsey, I\noka, Carver, Dakota, ,Scott, or 'NaE:hington), unless E:blch owner
design:::ltes in ',,,'riting to the city inspeotor the name of such owner's residont agent, (one who
doec reside in any of the folio-wing cOllntiec: Hennepin, I\noka, Ramsey, Carver, Dakota, Scott
or VVashington) who is responsible for maintenance and blpkeel3 and who is legally constituted
ancl empowered to receive service of notice of violation of the pro'/isions of the sity ordinanoes,
to Fecei'/e ordorc and to institute remecliol action to effeot such orderc and to accopt 011 service
or process l3ursuant to law. The city inspector shall be notified in writing of any ch::mge of
resident agent. This reqllirement may be waived if, in the city inspector's determination, the
ownor not living in one of tho sl3ecified GOllntiec, is nonetheless sufficiently accessiblo for the
purpoE:es of this article.
(f) IIflroemoFlt to 3#OW inspostion. No operating licenso shall be issued or renewod unless
the owner of rental units agrees in the applioation to permit inspection pursllant to Section 1 g
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(g) Postiflf] of !iGoflso. Every licenoee of :I rental dwclling shall C3UOC to be conspicuously
posted in the main entryway or other conopicuous location therein the current licenoe for the
reopecti'te rental dwelling.
(h) Transfer of fiooflse. No operating licenoe ohall be tranoferable to another rental
swelling. No operating licenoe ohall bo transferable to another peroen without aflflroval of tho
city counoil. Every perscm holding an eperating licenoe ohall gi'JO notioo in writing to tho city
inspector '....ithin five buoiness days after having leg311y transferred or othmwise disposed of the
legal control of any licensed rental dwelling. Such notice shall include the namo and asdress of
the peroon suoooeding to the o....mership or control of ouoh rontal dwelling.
0) LiGonso sfdsponsioR or rovoGx'1tion. Evory operating licenso issues under the provisions
of this artiole is subject to suspension or revooation by the counoil should the licensed owner, or
the duly 3uthori~d resident agent, fail to operate or maintain licensed rental dwellingo and units
therein conoistont with the provisions of the ordinances of the oity and the laws of the st3te. If an
operating Iicenso is ouspensed or revoked by tho counoil fer just cause, it shall bo unlawful for
the o'/mer or duly authorized agent to thereafter permit any new ocol:lpanoic:lC of vacant or
thereafter vaoated I:lnits until ol:loh time as a valid operating license has boen restored by the
council.
ARTICLE X. LICENSES FOR RENTAL DWELLINGS
Sec. 18-501. License Reauired.
No person shall allow to be occupied or let to another for occupancy units in a rental
dwellina for which a license has not been aranted by the City.
Sec. 18-502. Aoolication.
(a) Before any license shall be issued or renewed, the owner of the rental dwellinq shall
complete an application. The followina persons shall be authorized to siqn and submit the
application:
(1) If the owner is a natural person. by the owner thereof.
(2) If the owner is a corporation. by an officer thereof.
(3) If the owner is a partnership. by a partner thereof.
(b) The application shall be made on a form prescribed by the City and shall include:
(1) The name and address of the owner of the rental dwellinq.
(2) The name and address of any operator or aaent actively manaqinq the rental
dwellinq.
(3) If the operator or aaent is a business entity. the application shall include the
names. telephone numbers and addresses of individuals who will be involved
in such manaqement. toqether with a description of the scope of services and
manner of deliverinq these services by the manaaer.
(4) If the applicant is a corporation. the name and address of all officers.
-5
(5) If the applicant is a partnership. the name and address of all partners.
'(6) If the rental dwellina is beina sold on a contract for deed. the name and
address of the vendees.
(7) The leaal address of the rental dwellina.
Sec. 18-503. License Issuance.
The City shall issue a license if the buildina and the application are found to be in
compliance with the provisions of this Chapter provided that all real estate taxes and municipal
utility bills for the premises have been paid. Real estate taxes will not be considered to be
unpaid for purposes of this Section while a proper and timely appeal of such taxes is pendina.
Sec. 18-504. Term of License.
Sec. 18-505. License Fees.
The license fees shall be established by resolution. The license fee shall be collected
'for each buildina and unit in a rental dwellina.
(1) If an application for a license is made after its due date May 151
a late fee as established by resolution. will be added to the initial license fee.
For each subseauent 3D-day period an additional late fee will be imposed.
Sec. 18-506. Postina of Ucense.
The licensee shall post a COpy of the license in a conspicuous public corridor or hallway
or lobby of the licensed rental dwellina,
Sec. 18-507. Transfer of License.
A license is transferable for a fee to any person who has actually acauired leaal
ownership of the rental dwellina. The transfer shall be effective for the unexpired portion of the
license period. provided that a transfer application is filed with the City prior to the actual chanae
of leaal ownership and that the transferee is not disaualified from holdina the license. A license '
shall terminate upon an owners failure to apply for a transfer prior to chanae of leaal ownership.
The fee for the license transfer shall be established by resolution.
Sec. 18-508. Conduct on Licensed Premises.
(a) Disorderlv Premises. The licensee shall be responsible for ensurina that persons
occupyina or present at the rental dwellina conduct themselves in such a manner as not to
cause the premises to be disorderly. For purposes of this Section. a premises is disorderly if
any of the followina occur:
-{,--
(1) Violation of Section 50-141 (Disorderly House) of the City Code or
Minnesota Statutes, Section 609.72.
(2) Violation of laws relatina to the possession of controlled substances as
defined in Minnesota Statutes Section 152.01. Subdivision 4.
(3) The unlawful possession or sale of intoxicatina Iiauor or 3.2 percent malt
liauor.
(4) Violation of laws relatina to aamblina.
(5) Violation of laws relatina to prostitution as defined in Minnesota Statutes.
Section 609.321. Subdivision 9. or acts relatina to prostitution.
(6) Unlawful use or possession of a firearm or weapon in violation of Chapter
50. Article III. Division 2 of the City Code or Minnesota Statutes. Section
609.66. Subdivision la. 609.67 or 624.713.
(7) Violation of Minnesota Statutes. Section 609.705 (Unlawful Assembly).
(8) Violation of Minnesota Statutes. Section 609.71 (Riot).
(9) Violation of Minnesota Statutes. Section 609.713 (Terrorist Threat).
(1 0) Violation of Minnesota Statutes, Section 609.715 (Presence at Unlawful
Assembly).
(11) Any other conduct deemed disorderly by the City Manaaer or desianee.
(b) Enforcement Authoritv. The City Manaaer or desianee shall be responsible for
enforcement and administration of this Article. Authority to take any action authorized by this
Article may be deleaated to the City Manaaer's authorized desianee.
(c) Notice of Violation. Upon determination by the City that a rental dwellina was
deemed to be a disorderly premises. notice of the violation shall be aiven to the licensee. The
notice shall include a directive for the licensee to take steps to prevent further violations. All
notices aiven by the City under this Section shall be served on the licensee. sent by mail to the
licensee's last known address. or. by postina the notice in a conspicuous place at the rental
dwellina.
(d) Second Instance. If a second instance of a disorderly premises occurs within the
annual license term the City shall notify the licensee of the violation and shall also reauire the
licensee to submit a written report of the actions taken and proposed to be taken by the licensee
to prevent further disorderly use of the premises. This written report shall be submitted to the
City within five days of receipt of the notice of disorderly premises and shall detail all actions
taken by the licensee in response to all notices of disorderly premises within the license term.
(e) Third Instance. If a third instance of a disorderly premises occurs within the annual
license term the rental dwellina license for the premises may be denied. revoked. suspended. or
not renewed in accordance with Section 18-509.
-7-
(f) Instances Defined. For purposes of this Section. second and third instances of
disorderly premises shall be those which:
(1) Occur at the same rental unit: or
(2) Involve tenants at the same rental unit: or
(3) Involve ouests or invitees at the same rental unit: or
(4) Involve ouests or invitees of the same tenant: or
(5) Involve the same tenant.
(0) Eviction Proceedinos. No adverse license action shall be imposed where the
instance of disorderly premises occurred durino the pendency of eviction proceedinos (unlawful
detainer) or within thirty days of notice ciiven by the licensee to a tenant to vacate the premises.
where the disorderly use was related to conduct by that tenant or by other occupants or ouests
of the tenant's unit. Eviction proceedinos shall not be a bar to license action. however. unless
they are beino dilioently pursued by the licensee.
(h) Evidence of Disorderlv Premises. A detennination of disorderly premises shall be
made upon substantial evidence. It shall not be necessary that criminal charoes be brouoht in
order to support a detennination of disorderly premises. Moreover. a dismissal or acouittal of
any such criminal charQe will not operate as a bar to license action under this Article.
(i) Council Action Not Exclusive, Enforcement actions provided in this Article shall not
be exclusive. The City Council may take any action with respect to a licensee. a tenant. or the
licensed premises as is authorized by the City Code or State Law.
See, 18-509, SusDension. Revocation. Denial, Non-Renewal.
(a) An action to deny. revoke. suspend. or not renew a license under this Article shall be
initiated by the City by oivina written notice to the licensee of a hearino before the City Council
to consider such denial. revocation. suspension or non-renewal. The written notice shall specify
all violations and shall state the date. time. place and purpose of the hearino. The hearina shall
be held no less than ten days and no more than thirty days after oivino the notice. In such
hearina the City Council shall oive due reaard to the frequency and seriousness of violations.
the ease with which such violations could have been cured or avoided and oood faith efforts to
comply with City reouirements. FollowinQ the hearinQ. the City Council in its sole discretion may
deny. revoke. suspend. or decline to renew the license for all or any part or parts of the rental
dwellino. or may orant a license upon such tenns and conditions as it deems necessary to
accomplish the purposes of this Article. Further. an action to deny. revoke. suspend. or not
renew a license based upon violations of this Article may be postponed or discontinued at any
time if it appears that the licensee has taken appropriate measures which will prevent further
instances of disorderly use. The City Council shall issue its decision upon written findinos.
(b) Reason for Action. The City Council may revoke. suspend. deny or decline to renew
any license issued under this Article upon any orounds it deems appropriate includina. but not
limited to. the followino:
(1) False statements on any application or other information or report
reouired by this Article to be aiven by the applicant or licensee.
-8-
(2) Failure to pay any application fee. penaltv. re-inspection. or reinstatement
fee required bv this Article and resolutions.
(3) Failure to correct deficiencies noted in notices of violation in the time
specified in the notice.
(5) Anv other violation of this Article.
(c) Reinstatement of License. Upon a decision to revoke, deny. or not renew a license,
no new application for the same rental dwellina will be accepted for a period of time specified in
the written decision of the City Council. not exceedina one year. Anv such new application must
be accompanied bv a reinstatement fee. as specified bv resolution. in addition to all other fees
reauired bv this Article.
Cd) No New Rentals. A written decision to revoke, suspend. deny. or not renew a
license shall specify the part or parts of the rental dwellina to which it applies. Thereafter. and
until a license is reissued or reinstated, no rental units becomina vacant in such part or parts of
the rental dwellina may be re-Iet or occupied. Revocation, suspension or non-renewal of a
license shall not excuse the owner of a rental dwellina from compliance with the terms of this
Article for any other unit or units in the rental dwellina which remain occupied.
(e) Failure to Comolv. Failure to complv with any term of this Article durina a period of
revocation, suspension, or non-renewal is a misdemeanor and is also arounds for extension of
the term of such revocation or suspension or continuation of non-renewal. or for a decision not
to reinstate the license. notwithstandina any limitations on the period of suspension, revocation
or non-renewal specified in the City Council's written decision,
Sec. 18-510. No Retaliation.
No licensee shall evict. threaten to evict. or take any other punitive action aaainst any
tenant bv reason of aood faith calls made bv such tenant to law enforcement aaencies relatina
to criminal activity. suspected criminal activity, suspicious occurrences, or public safety
concerns. This Section shall not prohibit the eviction of tenants from a dwellina unit for unlawful
,conduct of a tenant or invitee or violation of any rules. reaulations or lease terms other than a
prohibition aaainst contactina law enforcement aaencies,
INTRODUCED AND READ in full this
day of
,2007.
PASSED by the City Council of the City of Blaine this
day of
,2007.
Tom Ryan, Mayor
ATTEST:
Jane Cross, CMC, City Clerk
-1--
City Ssrvices ~re~ > 'R' ListilJ,9s > Co~eWJs
(Rental Property Licensing Information
I
I
I
L-
Online Contact Directory
Description:
Residents
Business
Government
Search L_o~o_~~
311/City Services
A Rental License is required for every rental dwelling, includina sinale
family rental dwellings and rental units in owner-occupied duplexes, and
rooming and shared bath units, unless they are in licensed lodging
houses.
A rental dwelling will be ineligible for a license if it is found to be
substandard after an inspection. In addition to the standards contained in
the housing maintenance code, the rental license ordinance contains
standards relating to disorderly conduct, crime, noisy parties or other
illegal activities by occupants. A rental dwelling will also be ineligible for a
license if it is used contrary to its zoning, illegally occupied, contains too
rnany units or contains illegal rooming units.
The annual fee is $33.00 for the first unit and $20.00 for each additional
unit in the same building.
-
Phone:
Fax:
lTY:
Email:
Web Address:
(612) 673-5856
(612) 673-2314
(612) 673-2157
.as,
Listed Services:
Street Address: Public Service Center
250 S 4th St Rm 300
Minneapolis, MN 55415
Mailing Address: Public Service Center
250 S 4th St Rm 300
Minneapolis, MN 55415
Page 1 ot 1
Visitor!
I
I
j
Official Web Site of the City of Minneapolis, M
Disclaimers and Notices I Privacv 51
Online Department Directory 2.0 ReI. 2
-J()-
http://apps.ci.minneapolis.mn. us/ deptdirapp/contactdetails.aspx?contactID=427 4&Alpha=R 2/14/2007
Posted on Wed, Jan. 17,2007
~ email this.@.print this ~ reprint or license this
Rental checks might widen
Inspections sought for single-family homes, duplexes
BY JASON HOPPIN
Pioneer Press
Under proposed laws set for e today, inspectors would enter thousands of one- and
two-unit rental properties St. Paul and come back each year if they find a lot of
problems.
"Responsible tenants deserve to live in a clean, safe building," said City Council Member
Dan Bostrom. "Some of (the rentals) are so bad that you wouldn't even keep your pet in
them."
For a decade, the East Side council member has been pushing for the new ordinance,
which would allow indoor inspections of single-family rental homes and duplexes for the
first time,
Bostrom is co-sponsoring the ordinance with Council Member Jay Benanav, who has
tussled with landlords over issues related to college student housing, including
overcrowding.
The city currently inspects buildings with three or more rental units.
The city also is moving to create a new point system for tracking rental properties,
ranking code problems by the severity of the violation and dividing properties into three
categories.
Rentals with the best records would be inspected every five years, rentals with decent
records would be inspected every three, and rentals with more serious problems would
be inspected annually.
"There should be an advantage to having a really good, safe property in the city of St.
Paul. Plus, it can be a great marketing tool," said City Council President Kathy Lantry, a
former property manager and sponsor of the point system.
ww.twincities.com/mld/pioneerpress/news/local/1647 607 6.htm
2/14/2007
-J/-
St. Paul Pioneer Press I 01/17/20071 Rental checks might widen
Page '2 ot j
Under existing law, properties are inspected every two years,
St. Paul landlords are divided over the first proposal, said Carol Buche, a board member
of the St. Paul Association of Responsible Landlords. Some feel they are being held
responsible for tenants' behavior, while others - mainly operators of larger apartment
buildings - feel it's about time everyone was inspected,
While building codes apply to every St. Paul residence, Buche said, "It's only ever
enforced against rental properties."
Bostrom said owner-occupied homes aren't as much a problem as rentals, but Bill Cullen,
a past president of the landlord group, says there's no evidence that rentals are more
problematic.
"What's the problem?" he asked, "What's broken that we need to fix?"
The point system, however, seems to be winning universal praise.
"I'm thrilled," Buche said. ''They ain't going to be seeing me for another five years."
But with an apparently growing citywide vacancy problem, there is concern that the new
ordinance would add to the problem.
The city has a roster of 6,000 registered rental properties that have never been
inspected, but 2000 U.S. census figures indicate the number actually exceeds 9,000.
Inspectors currently oversee 3,000 properties with three or more units, or about 45,000
total units.
A pilot study completed in 2001 found 37 percent of the city's rental properties would fall
into the worst category, triggering annual inspections. Those are the homes city officials
say they will focus on if the new ordinance is enacted.
Some landlords may not be able to pay for needed repairs, possibly forcing tenants to
find new homes and landing the house on the city's list of vacancies.
Lantry understands the concern, but she said it's a choice between two evils.
"Do you let someone live in unsafe, substandard housing because you don't want to
make them homeless? Or do you want to make them dead?" she said. ''That's why we
have inspections, to make sure the public safety is, not at risk."
There are other concerns with rental inspections.
Nick Dranias, a staff attorney with Minneapolis' Institute for Justice, said safeguards
should be written into the law to prevent rental inspections from being used as a kind of
legal Trojan horse to get police inside a home without a search warrant.
"It's too easy to use an administrative (building code) search as a pretext in coordination
with a criminal investigation," Dranias said. "The risk of that is enhanced when there isn't
prior notice of the inspection."
Officials say landlords will get advance warning of any searches.
-,Iz.---
http://www.twincities.com/mld/pioneerpress/news/local/I6476076.htm
2/14/2007
~
St. Paul Pioneer Press I 01/17/2007 I Rental checks might widen
Page 3 of3
St. Paul fire officials will handle the new inspections. which likely will have to be phased
in over several years because of the sheer number of dwellings being added to the
program.
The move also can be seen as one step in a broader effort to revitalize St. Paul
neighborhoods.
''That's the whole deal," Bostrom said. "Eventually, we'll turn our neighborhoods around."
Jason Hoppin can be rE;lached atjhoppin@pioneerpress.comor651-292-1892.
IF YOU GO
What: The St. Paul City Council conducts a public hearing on rental property inspections.
Where: St. Paul City Hall, Room 300,15 W. Kellogg Blvd.
When: 5:30 p.m. today.
II
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It'll ~ur towD,
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Looking to buy/sell in Minnesota? Your one-stop shop for duplexes.
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About TwinCities,com I About the Real Cities Network I Terms of Use & Privacy Statement I CoPyri9ht
\/rsit other Res! Cities sites
~!.?~
http://www.twincities.com/mld/pioneerpress/news/local/16476076.htm
2/14/2007
. . City of Hopkins. Rental Properties
Page 1 of6
II 0 R!-&!~!l s
The !>>poil COffe" 11"""" . I1bplcins Adivi1'jl C"meT . I1bp1ci... C""feT'faT!llIt A11s 4 I1bplcim: Pwili"" . 0\'''_5 SiaII<! -
r l;~~~lu;.~:~~;:nmAnt > R~ntol Prnnurties -
The City of Hopkins housing stock consists of about 60%
rental properties. Because of this fact the City is very
I interested in preserving and maintaining its housing stock
which keeps our neighborhoods safe, Inspections of rental properties ;Ire conducted on a
routine and complaint basis. The common areas of all apartment complexes (defined as
three or more units) are inspected on an annual basis, Between 10 and 20 percent of the
units of each apartment complex are conducted every three years.
I The City conducts inspections of the duplex, townhouse, condominium, and single family
rental properties by the section of the city they are located in as often as possible.
If you would like further rental property information or to find out if a single unit or duplex is
L licensed with the City, please contact the Inspections Division (952-548-6320) or Elizabeth
Page, Housing Inspector (952-548-6323),
Last Updated: Jan 2007
Apartment or Townhouse
Auburn North
400-446 Van Buren Place
501-509 Van Buren Terrace Tr N
600-660 Van Buren Terrace Tr N
700-747 Van Buren Way N
Auburn South
701 Oak Park Ln
336,338,342,344
Tyler Ave N
Brentwood Aparbnents
615 Robinwood Ln
619 Robinwood Ln
621 Robinwood Ln
625 Robinwood Ln
614 Robinwood Ln
618 Robinwood Ln
622 Robinwood Ln
626 Robinwood Ln
Brentwood Park Townhomes
1301 Highway 7
Cambridge Towers
Assessing
New Developments
Past Developments
Community Image Award
Rental
Rental Properties
Public Housing
Section 8
Hopkins Apartment
Managers Association
Home Ownership
Truth-In-Housing
1 st Time Home Buyer
Before You Buy Or Sell
Housing Rehab Loans &
Grants
Auburn Limited Partnership
Park Avenue of Wayzata
15210 Wayzata Blvd
Wayzata, MN 55391
952-475-1700
Auburn Limited Partnership
Park Avenue of Wayzata
15210 Wayzata Blvd
Wayzata, MN 55391
952-475-1700
Hopkins Housing L TD
Partnership do Sage Co
Janet Anderson
1107 Hazeltine Blvd, Suite 200
Chaska, MN 55318
952-361-8097
Hopkins Housing L TD
Partnership do Sage Co
Janet Anderson
1107 Hazeltine Blvd, Suite 200
Chaska, MN 55318
952-361-8097
Ginkel Construction
~/l/'---
http://www.hopkinsmn.com/housing/rentalprop.html
Apartment & Townhouse Listing as of 11/08/06
No. Units Owner or Management Company Site Manager
Aubum Limited Partnership 601 Van Buren Ave N
16 Park Avenue ofWayzata Hopkins, MN 55343
5 15210 Wayzata Blvd 952-935-6000
40 Wayzata, MN 55391 952-935-4247 Fax
41 952-475-1700
34
4
12
12
12
12
8
8
8
8
146
601 Van Buren Ave N
Hopkins, MN 55343
952-935-6000
952-935-4247 Fax
601 Van Buren Ave N
Hopkins, MN 55343
952-935-6000
952-935-4247 Fax
Thatcher Riggin
1301 Highway 7
Hopkins, MN 55343
952-938-5163
952-938-8501 Fax
Thatcher Riggin
1301 Highway 7
Hopkins, MN 55343
952-938-5163
952-938-8501 Fax
Linda Corcoran
2/14/2007
6J
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304
MAIN (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER,MN,US
TO:
City Council
CC:
Jim Dickinson, City Administrator
Will Neumeister, Community Development Director t(/~
FROM:
Andy Cross, Associate Planner ,/lZA::-
SUBJECT:
Update on Cell Phone Towers in Public Parks - Planning
DATE:
February 27,2007
DISCUSSION
The City Attorney has explained his view on telecom antennas in public parkland that can be
summarized as follows:
If a piece of land has been dedicated to park use through a subdivision, the City would have a
difficult time placing cell phone equipment or any above-ground utility structure in the park
because the land was dedicated for "park use" only. Telecom and utility structures are not park
uses.
This changes, however, if the City has purchased park land or acquired a fee simple interest in
the land. Then the land has not been dedicated to the City strictly for parkuse and we have
more flexibility in how we use the land.
Chapter 9-12 of the City Code regulates antennas and towers in Andover. There are two sections of
this chapter that may influence tower placement in public parks. Section 9-12-5 states that towers with
antennas may be placed in City park sites greater than ten acres in size located outside of the MUSA if
the Park Commission determines that the tower is compatible with the nature of the park. The other
section (9-12-8) requires that towers shall be placed a minimum of 500 feet from any existing
residential dwelling units and at least a half-mile from each other (see attached Title 9-12 text).
If cell tower locations can be found in parks, the City would receive revenue as part of the land lease.
The City Council may wish to discuss a policy outlining where that additional money could be spent.
Options may include putting the money directly towards improvements in the park where the tower is
located, putting the money into a general parks fund, Or placing the revenue into the City's general
fund.
Options for cell towers in parks can vary (monopoles, on top of emergency siren poles, on top of light
poles). The City Council may want to discuss if they have a preference as to what could be allowed.
ACTION REOUESTED
Council is asked to provide direction on how to proceed.
Respectfully submitted,
.4Gl
Andy Cross
Associate Planner
City of Andover
Attachments
City Code Chapter 9-12
-2--
SECTION:
9-12-1 :
9-12-2:
9-12-3:
9-12-4:
9-12-5:
9-12- 6:
9-12-7:
9-12-8:
9-12-9:
9-12-10:
9-12-11 :
9-12-12:
9-12-13:
9-12-14:
9-12-15:
CHAPTER 12
ANTENNAS AND TOWERS
Purpose
Definitions
Permit And Lease Agreement Required
Height Requirements
Zoning District Regulations
Co-location Requirements
Design Requirements
Setbacks
General Requirements
Nonconforming Antennas And Towers
Interference With Public Safety Telecommunications Prohibited
Damaged Or Destroyed Antennas And Towers
Abandoned Antennas And Towers
Variances
Violation; Penalties
9-12-1: PURPOSE: In order to accommodate the communication needs of
residents and businesses while protecting the public health, safety, and general
welfare of the community, the City Council finds that these regulations are
necessary in order to:
A. Facilitate the provision of commercial wireless telecommunication
services to the residents and businesses of the city;
B. Minimize adverse effects of towers through careful design and siting
standards in order to lessen the aesthetic impact on surrounding
properties;
C. Avoid potential damage to adjacent properties from tower failure
through structural standards and setback requirements; and
D. Maximize the use of existing and approved towers and buildings to
accommodate new commercial wireless telecommunication antennas in
order to reduce the number of towers needed to serve the community.
(Ord. 270, 12-5-2000)
9-12-2: DEFINITIONS: The following words and terms shall have the
following meanings when used in this chapter:
--3-
ANTENNA:
Antenna, Public
Utility Microwave:
Antenna, Radio
And Television,
Broadcasting
Transmitting:
Antenna, Radio
And Television
Receiving:
Antenna,
Satellite Dish:
Ante nna,
Short Wave Radio
Transmitting And
Receiving:
That portion of any equipment located on the exterior or
outside of any structure and used for transmitting or
receiving radio, telephone and television signals.
"Antenna", as defined in this chapter (unless otherwise
noted), pertains to all of the following antennas:
A parabolic dish or cornucopia shaped electromagnetically
reflective or cond uctive element used for the transmission
and/or reception of point to point UHF or VHF radio waves in
wireless telephone communications, and including the
supporting structure thereof.
A wire, set of wires, metal or carbon fiber rod or other
electromagnetic element used to transmit public or
commercial broadcast radio or television programming, and
including the support structure thereof.
A wire, set of wires, metal or carbon fiber elements, other
than satellite dish antennas, used to receive radio, television,
or electromagnetic waves, and including the supporting
structure thereof.
A device incorporating a reflective surface that is solid, open
mesh, or bar configured and is in the shape of a shallow
dish, cone, horn, or cornucopia. Such device shall be used
to transmit and/or receive radio or electromagnetic waves
between terrestrially and/or orbitally based uses. This
definition is meant to include, but not be limited to,
commercial satellite earth stations, TVROs (television,
receive only), and satellite microwave antennas, but does
not include personal TVRO satellite reception receivers.
A wire, set of wires or a device, consisting of a metal, carbon
fiber, or other electromagnetically conductive element, used
for the transmission and reception of radio waves used for
short wave radio communications, and including the
-~~
supporting structure thereof.
Antenna,
Telecommunications: A device consisting of a metal, carbon fiber, or other
electromagnetically conductive rod or element,
usually arranged in a circular array on a sing Ie
supporting pole or other structure, and is used for the
transmission and reception of radio waves in digital,
analog or other wireless or personal communication
services (i.e., cellular, paging, internet, etc.).
CO-LOCATION:
The placement of wireless telecommunication antennas
by two (2) or more service providers on a tower, building
or structure.
COMMERCIAL
WIRELESS
TELECOMMUNICATION
SERVICES: Licensed commercial wireless telecommunication
services including cellular, personal communication
services (PCS), specialized mobilized radio (SMR),
enhanced specialized mobilized radio (ESMR), paging,
and similar services that are marketed to the general
public.
FEDERAL
COMMUNICATIONS
COMMISSION: The federal administrative agency, or lawful successor, .
authorized to regulate and oversee telecommunications
carriers, services and providers on a national level.
GUYED TOWER: A tower that is supported, in whole orin part, by wires and
ground anchors.
LATTICE OR
SELF-SUPPORTED
TOWER: A tower erected on the ground that consists of metal crossed
strips or bars to support antennas and related equipment.
MAST:
That portion of the outside antenna system to which the
antenna is attached, and the support of extension is
required to elevate the antenna to a height deemed
necessary for adequate operation.
MONOPOLE
-5'-
TOWER:
PRIVATE
PROPERTY:
PUBLIC
PROPERTY:
PUBLIC UTILITY:
SERVICE
PROVIDER:
TOWER:
TOWER,
MUL HUSER:
TOWER,
SINGLE USER:
A single, self-supporting pole type tower, tapering from the
base to the top and supporting a fixture designed to hold
one or more antennas.
Land that is not "public property" as defined in this section.
Land owned or operated by a government entity.
Persons, corporations, or governments supplying gas,
electric, transportation, water, or land line telephone services
to the general public. For the purposes of this chapter,
wireless telecommunication service facilities shall not be
considered public utility uses and are defined separately.
Any individual or entity that provides wireless
telecommunication services.
Any pole, spire, or structure (excluding structures
required for the transmission of electric energy), or any
combination, to which any antenna could be attached, or
which is designed for any antenna to be attached, and all
supporting lines, cables, wires and braces.
A tower to which is attached the antennas of more
than one commercial wireless telecommunication
service provider or governmental entity.
A tower to which is attached ony the antennas of a single
user, although the tower may be designed to accommodate
the antennas of multiple users as required in this chapter.
(Ord. 270, 12-5-2000)
9-12-3: PERMIT AND LEASE AGREEMENT REQUIRED: No antenna or
tower in excess of thirty five feet (35') in height from ground level shall be
erected, constructed, or placed, or re-erected, reconstructed or replaced on
private or public property without first receiving a Conditional Use Permit and
obtaining the necessary building permit approvals from the city. The city shall
require a lease agreement for any antennas and towers erected, constructed,
placed, re-erected, reconstructed or replaced on city owned public property.
Application for a Conditional Use Permit shall be made to the Planning and
Zoning Department in the same manner, and containing the same information, as
~6---
pursuant to the Conditional Use Permit process as stated in the city zoning
ordinance1. (Ord. 270,12-5-2000)
9-12-4:
HEIGHT REQUIREMENTS:
A. If no existing structure meets the height requirements for antennas to be
placed, the antennas may be mounted on a pole or monopole not to
exceed one hundred fifty feet (150') in height in industrially zoned districts;
not to exceed one hundred feet (100') in height in residentially zoned
districts; and not to exceed one hundred twenty feet (120') in height in
commercially zoned districts. Antennas (including the mast) may be
mounted on a building or structure provided that the antennas do not
extend over fifteen feet (15') above the highest portion of the roof of the
building or structure.
B. Multi-user towers may exceed the height requirements as stated above
by up to an additional twenty feet (20'); provided, that the minimum
number of additional users, as required and stated in Section 9-12c6 of
this chapter, have co-located their antennas on the monopole structure.
A tower extension requires an Amended Conditional Use Permit as
stated in the city zoning ordinance 1. (Ord. 270, 12-5-2000)
9-12-5:
ZONING DISTRICT REGULATIONS:
A. Residential Zoning Districts:
1. Towers supporting antennas and conforming to all applicable provisions
of this chapter shall be allowed only in the following residentially zoned
locations: (Ord. 270, 12-5-2000; amd. 2003 Code)
a. Church sites, when camouflaged;
b. City park sites greater than ten (10) acres in size located outside
of the Metropolitan Urban Service Area (MUSA), when the Park
and Recreation Commission determines that the tower is
compatible with the nature of the park;
c. City water towers;
d. Utility and transmission structures located in public rights-of-way;
and
e. Schools and public buildings when camouflaged.
1 See section 12-15-6 of this code.
-?~
2. Only one tower shall exist on anyone residentially zoned parcel of land.
B. Commercial And Industrial Districts:
1. Towers supporting antennas and conforming to all applicable provisions
of this chapter shall be allowed only in the following commercially and
industrially zoned locations:
a. Industrial I zoned parcels of land when the appearance is
consistent with the surrounding area and is compatible with the
use;
b. Commercially zoned parcels (Shopping Center SC and General
Business GB) parcels of land when the appearance is consistent
with the surrounding area and is compatible with the use; and
c. Utility and transmission structures located in public rights-of-way
when attached thereto.
2. Only one tower shall exist on anyone industrially or commercially
zoned parcel of land. (Ord. 270, 12-5-2000)
9-12-6: COLOCATION REQUIREMENTS: All telecommunication towers
erected, constructed, or located within the city shall comply with the following
requirements:
A. A proposal for a new telecommunication service tower shall not be
approved unless the City Council finds that the telecommunications
equipment planned for the proposed tower cannot be accommodated on
an existing approved tower or building due to one or more of the following
reasons:
1. The planned equipment would exceed the structural capacity of the
existing or approved tOVler or building, as documented by a qualified and
licensed structural engineer, and the existing or approved tower cannot be
reinforced, modified, or replaced to accommodate planned or equivalent
equipment at a reasonable cost.
2. The planned equipment would cause interference materially impacting
the usability of other existing or planned equipment at the tower or building
as documented by a qualified and licensed professional engineer, and the
interference cannot be prevented at a reasonable cost.
3. Existing or approved towers and buildings within the search radius
cannot accommodate the planned equipment at a height necessary to
-%-
function reasonably as documented by a qualified and licensed
professional engineer.
4. Other unforeseen reasons that make it infeasible to locate the planned
telecommunications equipment upon an existing or approved tower or
building.
B. Any proposed telecommunication service tower shall be designed
structurally, electrically and in all other respects, to accommodate both
the applicant's antennas and comparable antennas for at least three (3)
additional users if the tower is one hundred feet (100') or more in height
or for at least two (2) additional users if the tower is less than one
hundred feet (100') in height. Towers must be designed to allow for future
arrangement of antennas upon the tower and to accept antennas
mounted at varying heights. (Ord. 270, 12-5-2000)
9-12-7: DESIGN REQUIREMENTS: Telecommunication service towers
shall be of a monopole design unless the City Council determines an alternative
design would better blend into the surrounding environment. Lattice towers are
prohibited. (Ord. 270, 12-5-2000)
9-12-8: SETBACKS: Towers shall conform with each of the following
minimum setback requirements:
A. Towers shall meet the building setbacks of the underlying zoning
district as.stated in the zoning ordinance.
B. Towers shall be set back from all structures and all property lines at a
distance equal to the height of the tower (plus an additional 1 0 feet),
unless a qualified professional structural engineer certifies in writing that
the collapse of the tower will occur within a lesser distance under all
foreseeable circumstances.
C. A tower's setback may be reduced or its location in relation to a public
street varied, at the sole discretion of the City Council, to allow the
integration of a tower into an existing or proposed structure such as a
church steeple, light standard, power line structure or similar structure.
D. Towers shall be placed a minimum of five hundred feet (500') from any
existing residential dwelling unit and be spaced a minimum of one-half
(1/2) mile from each other. (Ord. 270, 12-5-2000)
9-12-9: GENERAL REQUIREMENTS: All towers and antennas for which a
permit is req uired shall comply with the following requirements:
~1-'
A. Lighting: Towers shall not be illuminated by artificial means and shall not
display strobe lights unless such lighting is specifically required by the
Federal Aviation Administration or other federal or state authority for a
particular tower. When incorporated into the approved design of the
tower, light fixtures used to illuminate ball fields, parking lots, or similar
areas may be attached to the tower.
B. Signs And Advertising: The use of any portion of a tower for signs is
prohibited. Warning or equipment signs are exempt from this provision.
C. Accessory Utility Buildings:
1. All utility buildings and structures accessory to a tower shall be
architecturally designed to blend in with the surrounding environment and
shall meet the minimum setback requirements of the underlying zoning
district as stated in the zoning ordinance.
2. Ground mounted equipment shall be screened from view by suitable
vegetation, except where a design of non-vegetative screening better
reflects and complements the architectural character of the surrounding
neighborhood.
D. Supplemental Information: In addition to the information required
elsewhere in this chapter, development applications for towers shall
include the following supplemental information:
1. A report from a qualified and licensed professional engineer that:
a. Describes the tower height and design including a cross section
and elevation;
b. Documents the height above grade for all potential mounting
positions for co-located antennas and the minimum separation
distances between antennas;
c. Describes the tower's capacity, including the number and type of
antennas that it can accommodate;
d. Documents what steps the applicant will take to avoid
interference with established public safety telecommunications;
e. Includes an engineer's stamp and registration number;
f. A coverage map showing what portions of the city will be served
by the user, along with future coverage plans and potential
construction sites to provide similar service elsewhere in the city;
-/d-
g. A report indicating that the request meets technical emission
standards set by the FCC; and
h. Includes other information necessary to evaluate the request.
2. For all te lecommunication service towers, a letter of intent committing
the tower owner and his or her successors to allow the shared use of the
tower if an additional user agrees in writing to meet reasonable terms and
conditions for shared use.
3. Before the issuance of a building permit, the following information shall
be submitted to the city:
a. Proof that the proposed tower complies with regulations
administered by the Federal Aviation Administration; and
b. A report from a qualified and licensed professional engineer that
demonstrates the tower's compliance with the aforementioned
structural and electrical standards. (Ord. 270, 12-5-2000)
9-12-10: NONCONFORMING ANTENNAS AND TOWERS: Antennas and
towers in existence prior to the adoption of this cha pter that do not conform to or
comply with the provisions of this chapter may continue in use for the purpose
now used and as now existing but may not be structurally altered without
complying with this chapter. (Ord. 270, 12-5-2000; amd. 2003 Code)
9-12-11: INTERFERENCE WITH PUBLIC SAFETY TELECOMMUNICATIONS
PROHIBITED: No new or existing telecommunications services shall interfere with
public safety telecommunications. (Ord. 270, 12-5-2000)
9-12-12: DAMAGED OR DESTROYED ANTENNAS AND TOWERS:
If an antenna or tower is damaged or destroyed due to any reason or cause
whatsoever, the same may be repaired or restored to its former use, location
and physical dimensions upon obtaining a building permit. The repair or
restoration must comply with this chapter. Provided, however, that if the cost of
repairing such damaged or destroyed antenna or tower would be fifty percent
(50%) or more of the cost of purchasing and erecting a new antenna or tower of
like kind and quality, as estimated by the Building Official, and to the former use,
physical dimensions and location, then the antenna or tower may not be
repaired or restored except in full compliance with the requirements of this
chapter. (Ord. 270, 12-5-2000; amd. 2003 Code)
-/1-
9-12-13: ABANDONED ANTENNAS AND TOWERS: Any antenna or tower
that is not used for one year shall be deemed abandoned. Within ninety- (90)
days of notice by the city, the antenna or tower and all other associated
equipment must be removed from the property. If the antenna or tower and
equipment are not removed from the property within the time period as stated
herein, a public nuisance may be declared, and the city may order that the public
nuisance be abated in a manner consistent with ordinances and policies of the
city. (Ord. 270, 12-5-2000; amd. 2003 Code)
9-12-14: VARIANCES: Variances from the provisions of this chapter shall be
processed and granted or denied in the same manner and based on the same
criteria as stated in the city zoning ordinance 1. (Ord. 270, 12-5-2000)
9-12-15: VIOLATION; PENALTIES: Any person who shall violate any
provision of this chapter shall be guilty of a misdemeanor and shall be subject to
applicable fines and imprisonment as defined by state law. In addition to the
penalties imposed by this chapte r, the city may exercise, with or separately from
such penalties, all and any other legal and equitable remedies then available to
the city by this chapter, or by statute, or by other ordinances of the city, or by
applicable rules or regulations, to enforce this chapter, including, without
limitation, injunction. (Ord. 270, 12-5-2000)
1 See section 12-15-7 of this code,
.-./ /Z ~
(}
1685 CROSSTOWN BOULEVARD N,W. . ANDOVER, MINNESOTA 55304
MAIN (763) 755-5100 FAX (763) 755-8923. WWW,CI.ANDOVER,MN,US
I'
TO: City Council
CC: Jim Dickinson, City Administrator
Will Neumeister, Community DevelopmentDirector udr--
FROM: Andy Cross, Associate PlannerAtt.-
SUBJECT: Deer Population Survey - Planning
DATE: February 27, 2007
DISCUSSION
Before the City of Andover could get State assistance with a deer population reduction program, we
would need to verify that we have an overpopulation of deer in parts of the City. Anoka County did
this for Bunker Hills Regional Park. Here is the information they provided regarding costs associated
with a deer population survey:
Anoka County's Natural Resources Specialist Jeff Perry is qualified to do deer population surveys. To
count deer in Bunker Hills Park, he and several members of his staff rent a helicopter and a pilot for
about $450 per hour and fly over the park to count deer. Bunker Hills Regional Park is about 1,600
acres. The survey takes one to two hours, depending on weather, snow cover, etc. Once tallied, the
deer population numbers are then used to determine ifthe on-going population management program is
effective in reducing the population.
If the Council is interested in assessing the Andover's city-wide deer population, we could hire the
helicopter and pilot at a comparable hourly rate. The deer counting could be handled by staff, or
outside help could be hired. The population figures would be submitted to the MN DNR and we would
go forward from there to see if a population reduction program is appropriate.
ACTION REOUESTED
Council is asked to provide direction on how to proceed.
Respectfully submitted,
,~ rr;;;?
Andy Cross
Associate Planner
@
1685 CROSSTOWN BOULEVARD N,W. . ANDOVER, MINNESOTA 55304
MAIN (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
CC: Jim Dickinson, City Administrato
FROM: Will Neumeister, Community Developnient Director~
TO: City Council
SUBJECT: Repeated Zoning Code Violations - Planning
DATE: February 27,2007
DISCUSSION
What sparked this report is covered by the attached E-mail (dated 1/23/07) where a resident has a
problem with a neighbor who continues to be a code violator. Council member Trude has explained
other problems that she has discovered with code violators, see her E-mail dated January 23,2007.
The staff continues to follow the code enforcement policy drafted in 2001 (see attached).
Ibis report is written to provide Council information on the following:
. Code Enforcement Policy established in 2001 and still being used (see attached)
. Pictures and timeline example of repeat violator's record
. Options of dealing with repeat code violators
Some Andover residents repeatedly violate the zoning code provisions on outdoor storage. The
attached summary sheets (text and photos) shows one example of an outside storage problem that
repeatedly comes to the staff for enforcement. We spend a lot of time and energy dealing with these
types of cases and the residents who live nearby become very upset because they don't ever seem to get
resolved. The game that is being played is very frustrating for all involved. Residents ask what can be
done to get the situation resolved once and for all. When the property is brought into compliance with
Code, staffs involvement ends. Leaving the property to get messy again in the future. When it does,
residents call again to complain and are frustrated that the City's involvement has not created a
permanent solution the fIrst time we were involved.
As you can see by the attached E-mail, one of the complainants wanted to come to the Council open
forum, but I explained that I would bring this to a Council workshop to discuss with the Council what
they want to do with repeat violators, possibly increasing the fines, etc.
The Council could consider using fines to deter repeat zoning code offenders. It is possible to set up a
system where City employees can issue fmes (similar to the City of Anoka issuing parking tickets that
are payable in drop-boxes at City Hall).
According to the City Attorney, to enable this to happen, Andover would need to adopt an ordinance
that would set up a "Violations Bureau" to authorize "administrative fines" for residents who meet
certain criteria. For example, this could come into play if three zoning complaints occurred within a
six-month period. The fmes may be effective as a threat and a deterrent, but the City could not require
residents to pay them. Instead, refusal to pay the fme or resolve the zoning violation would result in
the property owner facing a misdemeanor prosecution in the court system just as we do at present for
unresolved zoning violations.
ACTION REOUESTED
The Council is asked to discuss the issues that have been highlighted and provide staff direction.
Respectfully submitted,
4d-
Will Neumeister
Attachments
. E-mails (dated Jan. 23, 2007)
. Repeat Violators Summary (pictures and dates)
. City Code Enforcement Policy (2001)
-2-
..
-------------- Original message --------------
From: "Will Neumeister" <WNeumeister@ci.andover.mn.us>
Council,
There's an Andover resident by the name of J7 J Street, that is constantly
complaining about his neighbors junk. Andy Cross, our code enforcement staff member follows through
on the inspection and infonms the neighbor that he needs to come into compliance and he usually
complies within a few days. This past week we had the issue arise once more and Andy indicated to me
that by this Friday, Jan. 26th the cleanup would be done. The situation is one that occurs over and over.
This has become very frustrating to J and he wants the staff to involve the City Attorney and
charge this individual with something in court. We do not feel that the City Attorney needs to be involved
every time this situation arises, We achieve compliance and we are following a process that is "kinder
and gentler" to the resident violators, We don't come off as being heavy handed. We believe that has
been our "marching orders" ,and we continue to follow them,
This method of operation doesn't satisfy Mr. . He feels that we are not doing our jobs. He has
expressed to me that he will come to "Open Forum" at a City Council meeting and tell the Council what
he thinks of our process and that the Council shouldn't be letting the individual that is violating get by with
the warnings as this is repeating over and over. He would like to see the violator prosecuted and
punished to the fullest extent possible. I want the Council to understand this situation does repeat, and
quite frankly it does get to be a littel irritating, but when we get compliance,the situation is considered
resolved. We would rather not bother the City Attorney and commit more staff time to something like this
when consistently we get compliance.
We operate under the philosophy that we will remain friendly, courteous, be a "kinder gentler" staff, but
get the compliance. When we don't get compliance then we send it to the City Attorney for prosecution.
The case doesn't have enough evidence of non-compliance right now to be able to send it to the
Attorney; but if it goes past Friday and we don't have it, then we will send the case to the Attorney for
prosecution.
The purpose of this e-mail is to inform the Council about the situation and if the Council wants a more
heavy handed approach to these situations, please let me know and we will work with the City Attorney
to create a more heavy-handed enforcement procedure (Le, fines, fewer warnings). Unless I hear
differently, our code enforcement staff will continue to operate as we have in the past.
Lastly, be aware that Mr.
may come to Open Forum soon to express to you what he is telling me.
Respectfully submitted,
Will Neumeister
-:?~
1/23/2007
From: jtrude@comcast.net (Julie Trude) Utrude@comcast.net]
Sent: Tuesday, January 23, 2007 3:08 PM
To: Will Neumeister
Cc: James Dickinson
Subject: Re: Complaint from Resident
Will,
Thank you. I like our "progressive discipline" approach in general.
However, I have heard of other situations with regular repeat violaters. The issue other residents
have talked to me about is the use of our staff time to "babysit" neighbors who seem to have no regard
for the neighborhood or our city ordinances. Some offenders cause me to hear complaints from way
outside the neighborhood (i.e. the collection ofvehic1es on property adjacent tv .' and,,-
~, of all the junk near unfInished home projects along , or in the
neighborhood north of -an unfinished construction project.
One person saw the same yard violations each year and talked to me because they do not want to
complain again. The expectation was the code was clear, the owner now understands the code and
expectation. The assumption is there would be some follow-up inspections to see if compliance is
maintained. Rather than complain again, I was contacted. Follow-up from the resident was "this time
we got results." Then several months later, "oh well, some people only comply when they get a
threatening letter....so I'm not going to waste your time on this any more."
Another resident felt that if they complain a second or tlllrd time, the complainer is treated as if they are
the problem. The focus should not be on who is bothered by the code violation, but on what our
community expectations are of property owners, as defined in our city code.
Both suggested to me that perhaps we have a new rule that allows some administrative fme for repeat
offenders of the same city code, much like the progressive fine system for those who violate our water
sprinkling ban a second or tlllrd time. You see, some residents think these nuisance issues are more
serious than the water ban violation because they impact property values.
Another thing to consider is a follow-up survey to the person who has filed a complaint so we get
feedback about our process and whether it is effective.
It is good for the council to hear of these things and think about whether our policies are working as we
would like. Often council members hear feedback as well and just tuck it away until we see a pattern.
I really appreciate that Andy works diligently with people on these most difficult situations--some cities
use law enforcement staff to work with code enforcement. It does involve some risk and people hate to
be told what they cannot do on their own property. I'm sure it is frustrating for him to have to go back t6
some of the same property owners over and over again when he has already educated them about our
city code. Maybe he has some ideas of how we could improve things.
Sounds like a March workshop issue.
1/23/2007
~f-
Example of a repeat zoning code offender located at 13xxx
St
Date of Complaint Violation Date Resolved
8/9/2005 Inoperable Vehicle (exp. 8/22/2005
tabs), Exterior Storaoe
9/6/2005 Exterior Storace 10/3/2005
10/24/2005 Exterior Storaoe 11/10/2005
5/16/2006 Inoperable Vehicle (exp. 5/30/2006
tabs), Exterior Storaoe
10/30/2006 Inoperable Vehicle (exp. 11/30/2006
tabs), Exterior Storaoe
1/10/2007 Exterior Storaoe 1/26/2007
...-.
.;;,.""
,..,.
.t:'F';~:'
-<'
-~-
CITY OF ANDOVER
1685 CROSSTOWN BOULEVARD N,W. . ANDOVER, MINNESOTA 55304. (763) 755.5100
FAX (763) 755-8923. WWW.CLANDOVER.MN.US
TO: City Staff
FROM: John Erar, City Administrator
Dave Carlberg, Community Development Director
SUBJECT: Zoning Code Enforcement - Staff Enforcement Guidelines
DATE: September 19, 2001
In order to address the myriad questions and issues arising from a code enforcement violation,
the need to develop written administrative guidelines on code enforcement procedures has been
identified. The purpose of these guidelines is to develop a set of ..standardized procedures to
ensure proper communications between city staff, the complaining party and the alleged violator;
effectively address code enforcement violations; emphasize the, need for proper documentation;
ensure proper departmental oversight; and promote and encqurage opportunities for increased
public understanding of the City's role in code enforcement situations~' , ,
1) Zoning Code enforcement action ",ill only be initiated by the City in response to
citizen or Council complaints, or in situations wherethe:GD" Director, in
consultation with the City Administrator, deems it to ,be a threat to the health,
safety and welfare of the public. The Director, in situations where the public
health, welfare and safety may be jeopardized, may consult with other staff or
outside agencies as necessary to reach a conclusion before consulting ,with the City
Administrator.
2) Complaints received should be requested in writing and at minimum should
include a name, address and telephone number and specific nature of the code
violation or complaint. Individuals should be provided with the option of
remaining anonymous, but should understand that unless they provide their name,
address and telephone number for City files, no action will be taken. Council
complaints taken by staff should also follow procedures as outlined in, the
Council-Resident Complaint Resolution policy.
3) Complaints must be verified by appropriately designated staff and should include:
name of inspecting staff person, notes to file, digital pictures, date, time and
location in which the violation was observed.
4) Initial Code violation citation letters should be specific as to the violation, the
purpose/outcomes associated with City enforcement actions and should offer the
violating property owner with the opportunity to meet with staff to discuss the
violation within a specific number of working days.
-/1-
5)
6)
7)
8)
9)
10)
11)"
All citation letters will be mailed through regular dispatch, along with a stamped
certified copy of the citation letter to the property owner.
Code enforcement corrective action as stipulated by the citation letter should be
verified by staff, again noting date, time, pictures of the ongoing violation, if
applicable before proceeding to the next code enforcement level involving the City
Attorney's Office. If corrective action has been taken, the flie should be properly
documented and closed.
Prior to any zoning code enforcement action being transmitted to the City
Attorney's Office, the Community Development Director must approve the
requesting legal action based on a personal review of the caSe history. The review
should ensure that the documentation supporting the City action is complete.
Communications with both the complainant and alleged violator is strongly
encouraged to facilitate 1) an understanding of the City's role in code
enforcement, 2) to promote and build community relations and 3) to suggest
helpful, productive solutions to the code enforcement issue under review in
compliance with City,ordinances.
If a complaint is found to be invalid, staff shall contact the complainant informing
them of such and documenting, to the flie both in writing and by photographing the
property. Documentation to the' file' should be maintained for future reference_,
should a similar complaint be flied with another staff member or department.
Empathetic interpersonal communications with citizens should be a primary
consiclerauonhalanced by firmness ,and evei:U:iancledness in, meeting City
requirements. staff should strive to update the complaimngparty from time to
time as to the status of the code enforcement issue, and'shouldrespond to inquiries
in a prompt and timely manner. ,,:,. ,', ,
',For intemal review, purposes, a monthly report ~llbeprepared to identify all
, ,?utstanding code violations, relative status, and other pertinent data as ,determined
, Py the Community Development director. Copies of the' reports ,will be transmitted
, to ARCand to Council for review. ' ,
If you have ~y questions, please contact Dave Carlberg or my office, Thank you in advance 'for '
your cooperation and observance of these guidelines. Please share: ;this information with
appropriate department staff.
Respectfully submitted,
V~~
J Erar
ity Administrator
Dave Carlberg
Community Development Director
Cc: Mayor and Council
Bill Hawkins, City Attorney
-JJ- -
Regular Andover City Council Meeting
Minutes-September 18,2001
Page 5
lVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT
Captain Dave Kin lained he will now be the City's liaison and provided a brief background of
his experience in law en ent. He reported there were 1,775 calls in Andover in August
resulting in 845 incident reports, e reviewed the number of calls for the various infractions.
Noting the substantial increase in domest!. , e stated they do not know the reason for it. Some
months are just higher than others. He didn't know' ere were any more vehicle break-ins than
across the county. Many people leave things available. They e been working the areas that have
had a high number of those incidents. The bike patrols have been mely successful, but that
service will be ending at the end of this month. However, they will arrange for ols of areas along
the trails where there may be problems. Council had no fwiher questions or comme
~ ACKNOWLEDGEZONING CODE STAFF ENFORCEMENT GUIDELINES
Mr. Erar explained his office in collaboration with Mr. Carlberg and his Staffhas developed written
guidelines to promote a more consistent, customer-friendly and defensible procedure in zoning code
enforcement actions. The guidelines are in place for the handling of complaints received by Staff and
those received by the Councilmembers.
Councilmember Knight questioned the procedure under Item 5, that all citation letters will be mailed
through regular dispatch, along with a certified copy of the letter to the property owner. It is
confusing, and the property owners often think they are being cited a second time when they received
the second letter. Attorney Hawkins agreed that is normal procedure to ensure that the property
owner receives the citation letter. After a brief Council discussion, it was suggested that one of the
letters clearly indicate that it is a duplicate letter, so it is not confused as an additional citation.
Under Item 2, Councilmember Trude understood the desire to receive complaints in writing and to
include a name and address, but there are valid reasons for people wanting to remain anonymous.
Mr. Erar explained the reason for the name and address is to make sure the Staff gets the basic
information as well as to be able to report back to them on the actions taken by the City. The
c?mplaints are treated confidentially.
Councilmember Jacobson noted Item 1 that the code enforcement is only initiated in response to a
complaint except where the public health, welfare and safety are involved. He agreed with that
philosophy, but he felt the item as written leaves no room for Staff to act when the problem is
obvious but no one has complained. He had a problem with the inflexibility, that Staff will never
initiate code enforcement. Mr. Erar stated the policy has to be reactive, not proactive. He didn't think
the City wants to be in the situation of Staff initiating code enforcement. It puts Staff in the awkward
position of having to determine what violations to enforce and which ones to overlook.
Councilmember Orttel stated the item as written has been the rule in the City all along. Staff can
bring the item to the City Council if it feels there is a problem. Or they can call anyone of the
Councilmembers. If Staff is allowed to initiate code enforcement, the problem is where do they draw
the line. Now Staff will not get involved unless there is a complaint, or it is a health, safety or
-/3-
Regular Andover City Council Meeting
Minutes - September 18, 2001
Page 6
(Acknowledge Zoning Code Staff Enforcement Guidelines, Continued)
welfare issue. He was pleased to see this in writing and complemented the Staff. Mayor Gamache
agreed if Staff is allowed to initiate code enforcement, they are being asked to make judgments; and
it puts them in a precarious position of picking and choosing. Councilmember Trude liked that the
residents have to take a stand. If the neighborhood wants to tolerate a high level of ordinance
violation, that is their choice. Mr. Carlberg explained another reason for needing the name and
address of the person making the complaint is that Staff is not allowed to go on private property.
They can seek permission from the person who is complaining to view the violation from their
property. Staff does work with the property owner toward compliance and continues to work with
him as long as progress is being made.
Motion by Trude, Seconded by Orttel, approval of the policy. Motion carried on a 4- Yes, 1- Present
(Jacobson because he doesn't like Item 1) vote.
'ROVE AMENDMENT TO ORDINANCE NO. 219, AN ORDINANCE REGULATING AND
CO 'ROLLING WEEDS AND OTHER HARMFUL T7EGETATION
Mr. Carlbe explained the Council had asked the Planning and Zoning Commission to review the
ordinance to p vide a distinction between lawn maintenance requirements for urban and rural lots
and to provide a nalty to discourage owners of vacant property to use the City as a mowing service.
The current lawn-m 'ntenance ordinance requires all properties to maintain a grass height ofless
than twelve inches. Hi e are many rural properties that are partially maintained and some that are
not maintained at all. It is easonable and undesirable to require property owners to mow several
acres on a regular basis, thou they should be maintained so as to not cause a problem on adjacent
properties. In the urban area, saller lots that are not maintained can quickly cause problems on '
adjacent properties that are maintal d. Of the 20 complaints regarding lawn maintenance this year,
most concerned urban lots. There are ur properties that the City has exclusively and consistently
maintained over the past several years p s several others that it mows occasionally through the
enforcement process. The current Ordinan 106 requires adjacent property owners to maintain
boulevard areas in both the urban and rural are .
Mr. Carlberg provided three different scenarios ofho the proposed changes to the ordinance would
affect various lots in the rural area. There are exemption or wetlands, storm water ponds, heavily
forested areas, etc. Many people are not mowing the boule ds, though the ordinance requires it.
Currently the City has been mowing them in the rural areas. e Council will have to determine
whether to continue that practice or to enforce Ordinance 106. Co cilmember Knight indicated that
in some cases, it would require a tractor mower and could be a har 'p on the land owner.
Mr. Carlberg stated maybe in those cases the policy of the City would be
those areas, but on the platted 2'li-acre lots, the owner would be required to m lain the boulevards.
Ordinance 106 is not before the Council this evening. Several Councilmembers 11 a concern with
requiring the property owner to maintain a 13 -foot width in the boulevards in the rur eas and felt
that should be discussed further.
-/~L
CIrry OF
NDOVE
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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
FROM: Will Neumeister, Community Development DirectorwJ.--.
SUBJECT: Comprehensive Plan Update
DATE: February 27, 2007
INTRODUCTION
The City Staff have been diligently working on the update and have a brief report on the progress we
are making on a "draft" copy of the document. Staffwill continue to work on the "draft" and when it in
a form that looks like we would like, we will present it to the Council at a workshop.
In summary, here is what is going on:
. Dave Berkowitz, Todd Haas and Jason Law have been working on the Sewer Plan, Water Plan,
Transportation Plan. Staff met with engineers from Bonestoo on Thursday, Feb. 15th to go over
the changes needed in the Transportation, Plan Staff will be making most of the changes 0 the
Transportation Plan and the consultant has a limited scope of services that they are helping
with. Staff is working with SEH on the water plan.
. Todd Haas has had discussions with the Park and Rec. Commission on thirty parks and what
their future improvement needs may be. Their goal is to be done reviewing all the parks over
the next two months.
· Courtney Bednarz, has been working on updating the Land Use section of the plan and has
begun to incorporate new graphics into this section, including new goals, objectives and
policies that the Council and Planning Commission will need to review.
. We have an "Overview" section that will provide the "Big Picture" of what guides development
in Andover and will direct the reader to more detail in the Comprehensive Plan.
. Based on what was discussed at the January 23rd Council workshop related to density staff is
using 3.0 units per acre density used in the Rural Reserve and 2.45 units per acre in all other
areas of the City. Be aware that if the plan is rejected by Metropolitan Council as not meeting
the minimum density requirements, this will cause the City to have to redo a significant amount
of work with regard to sewer, water and transportation modeling that is underway and with
additional cost.
ACTION REOUESTED
Council is asked to provide any direction they feel they would like to make.
Respectfully Submitted, Will Neumeister ~