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Home My WebLink AboutSP February 24, 2004 @ o 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 John Erar, City Administrato' 'd D B k ' C' E' Dl):e Davl . er OWltz, lty ngmeer TO: FROM: SUBJECT: Sewer Study Review - Engineering DATE: February 24, 2004 o INTRODUCTION Staff along with TKDA have been working on the sanitary sewer study to serve the undeveloped area on the east side of Andover. DISCUSSION Attached are three different scenarios to extend sanitary sewer to the undeveloped area on the east side of the City. The first scenario (Figure No.2) would include extending a trunk sewer line up Crosstown Boulevard NW from Yellowpine Street NW to Prairie Road NW and extending a trunk sewer line from the Shadowbrook 5th Addition development north across Coon Creek, west on Andover Boulevard NW then north up Prairie Road NW. The second scenario (Figure No.3) would include constructing a trunk lift station along Prairie Road NW near Coon Creek and extending the trunk sewer line north on Prairie Road NW to Crosstown Boulevard NW. The third scenario (Figure No.4) would include extending a trunk sewer line up Crosstown Boulevard NW from Yellowpine Street NW to Prairie Road NW and extending a trunk sewer line east along Andover Boulevard NW from Bluebird Street NW to Xeon Street NW then north along Xeon Street NW. The area in the southeast comer of Andover would be served by a lateral line extending from the Shadowbrook 5th Addition development. Each scenario will be discussed in general terms at the meeting. o o o o Mayor and Council Members February 24, 2004 Page 2 of2 ACTION REOUESTED The City Council is requested to review and discuss the three proposed trunk sanitary sewer extension scenarios and provide feedback to staff, At the March Workshop a detailed report will be presented. 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WWW,CI.ANDOVER,MN,US TO: CC: FROM: Mayor and Councilmembers John Erar, City Administrato~ Will Neumeister, Community Development Directorad-- David D, Berkowitz, City Engineer 1>>]$ SUBJECT: Discuss Crosstown Boulevard Grade Separation at Railroad Crossing - Eng & PIng DATE: February 24,2004 INTRODUCTION There was a recent memo from Anoka County Transportation Department that drew attention to the issue of whether the City will pursue a grade separated roadway at the BNSF Railroad crossing on Crosstown Boulevard (please reference the attached letter). DISCUSSION The City's current Transportation Plan shows a grade separated roadway for four different streets: . Bunker Lake Boulevard . Andover Boulevard . Crosstown Boulevard . 161stAvenue NW The plan indicates both on the maps and text that future grade separated roadways are recommended. The question that has arisen is whether the City Council will recommend the grade separated roadway for Crosstown Boulevard. Whether it is going to be recommended may have a significant impact on a pending new development proposal (Sophie's Manor) and ultimately future developments on both sides of the railroad crossing, The grade separation will necessitate additional right-of-way dedication, thus causing the loss of new single family residential lots, The right-of-way would need to be widened from 120 feet wide (60 feet from centerline) to 175-200 feet to allow for embankment area. staffhas discussed the issue and it is felt that this is not very realistic. The plan indicates that this is desirable because the future daily.traffic counts will be greater than 10,000 vehicles per day on these roadways, The year 2001 traffic count on Bunker Lake Boulevard is 10,800. The year 2001 traffic count on Crosstown is 4,100, with a 2020 projection of approximately 10,000 (with development of the rural reserve area). o o o ACTION REQUESTED The four grade separated roadways listed above need to be reviewed and a determination made whether this is still going to be recommended by the Council, and remain in the City's Transportation Plan, This decision does affect the platting of property that is going to be coming before the Council on March 16,2004. Council is asked to make a determination regarding the need to plan for a grade separated roadway on Crosstown Boulevard at the BNSF railroad crossing, Respectfully submitted, b1I~=-/A,- --O~O< Will Neumeister Attachments Transportation Plan Text and Maps David D. Berkowitz -2- o ere are no park-and-rides or transit centers in Andover, although there are a number of An ver residents using park-and-ride facilities along Highway 10 to access service to Minne olis and along I-35W to access service to St. Paul. Current regional Park-and-Ride lots near dover include: o . Anoka - Jo Ward Park - Church Street and Forest Avenue (no bus service) . Anoka - Gar 1 d and 7th Avenue . Blaine - Northto Shopping Center Transit Hub - 85th and Jefferson . Blaine - Oak Park P a-I 09th and University Avenue . Blaine - Park of Four ons - 11300 Block of University Ave. NE . Blaine - Blainebrook Bow Paul Parkway and Highway 65 . Blaine - 95th Avenue and 1-3 W . Coon Rapids - Coon Rapids Um d Methodist Church - Hanson Blvd and Northdale Blvd . Coon Rapids - Faith Lutheran Church III th and Hanson Blvd . Coon Rapids - VFW Post 9625 -1919 C Rapids Blvd . Coon Rapids - Foley Blvd - Between Coon pids Blvd and East River Road near Hwy 610 . Coon Rapids - Coon Rapids Country Store - Croo d Lake and Coon Rapids Blvd. . Coon Rapids - Northstar Commuter Coach Riverdale ot - Northdale Blvd, . East Bethel- Hwy 65 at County Road 24 (no bus servic . Elk River - Hwy 169 & School Street NW (no bus service) . Elk River - Northstar Commuter Coach Park-and-Ride - Hwy 69 on 171st Ave NW . 'Fridley - 81. Phillip's Lutheran Church - Hwy 6S and W, Moore In the event that transit services are expanded into Andover, the City has be discussing and examining future locations, Major north-south commuting routes, such as anson Boulevard and Round Lake Boulevard, and east-west routes, such as Bunker LaK Boulevard, should be examined for potential Park-and-Ride locations. Mn/DOT has proposed a new Park-and-Ride facility for 143rd and Ramsey Boulevard in the City 0 Ramsey. It expected that this lot would be constructed in 2003. .. F. Rail System There is one commercial rail company operating on rail trackage in the City of Andover. The Burlington Northern and Santa Fe Railroad operate ona rail track that is situated in a north/south direction in the eastern part of the City, According to data provided by the MnDOT Office of Freight, Railroads, and Waterways, there are an average of 13 trains per day on this rail line operating at a maximum train speed of 50 miles per hour. o e City of Andover Transportation Plan 8 o o o There are six (6) railroad grade crossings with public streets in Andover. There are also four (4) private crossings in the City. The public street crossings are with the following roadways: . Bunker Lake Boulevard N.W, . Andover Boulevard N,W. . Crosstown Boulevard N,W, . 161s1 Avenue N.W. . Ward Lake Drive . 181S! Avenue N.W. All crossings are presently controlled by flashers, gates, and bells. The data provided by MnDOT indicates that there has not been any rail crossing accidents in the last five years in Andover. MnDOT establishes the type of crossing protection on the public streets and has a process that involves variables such as trairi and vehicular volumes, speeds, sight distance and number of tracks in order to determine the crossing types, The controls appear to be correct for those crossings in Andover. MnDOT works with cities in the event that a request for crossing review or improvement is presented by the City. Crash Data Data arding reported crashes in Andover was obtained from the Minnesota Department of Transp ation. This data consisted of three years of reported crash data. The data was evaluated wi igh incident locations being mapped. The high incident locations are portrayed on Fi 5 and the numbers of deer caused accidents are illustrated on Figure 6. H. Air Service There are no airports within City of Andover, nor are there any airports in near enough proximity to cause an effect willi ard to airport runway clearances and land use designation, I. Intersection "Hot Spots" One element of the study included a study offift (15) intersection "hot spots". These locations were chosen by the Technical Advisory Co ittee (TAC) following a review of the volumes and crash data as well as the receipt of inpu om City staff and from the public. The intersection "hot spots" selected did not include e intersections that handle higher traffic volumes. Those intersections had recently been an zed, or will shortly be analyzed, by Anoka County as they are on the County system. These. tersections were selected based on the history of each location and not on anticipated issu in the future, ft City of Andover Transportation Plan 9 -0/- o construction of trails as part of these roadway projects should be considered. Trails shou Iso be developed along a number of sub-collector roadways to provide linkages between overall trail system and City parks. Figure 4 illustrates the proposed trails network thro out the City. Trail crossing locati along collectors and arterials should be carefully considered to maximize trail user safe There are a number of trails within the City that switch from one side of the roadway to the 0 r. Examples include trails along Bunker Lake and Hanson Boulevards. Appropriate solutio be they signed crosswalks, signals, or grade separated crossings, should be developed for e h crossing location. o School walking routes have been develope . cooperation with the Anoka-Hennepin school district to handle safety concerns. These ncerns have increased due to the discontinuation of bus service to students living wi . 2 miles of a schooL Many of these walking routes follow existing trails or sidewalks, Seve of the school walking routes follow the sidewalks or trails along existing arterial and co tor roadways. The City should provide a continuous connection along the arterial and c ector roadways that support walking routes. For example, currently, the proposed trail ng Hanson Boulevard ends at l40th Lane, however the walking route continues to 139th Lan . The proposed trail should be extended to the intersection of l40th Lane. Additionally, the pro sed trail system for Crosstown Boulevard includes a segment from Vale Streetto Kum t Street that is proposed as a future trail. Immediate pedestrian needs for this segment of ro way need to be considered, If feasible, the trail should be constructed as an off-road trail. .. H. Rail Crossing Safety The issue with rail crossings with public streets in Andover is one of delay caused to vehicular traffic when trains are at the crossings. Flashers and gates control all but one of the crossings. The last uncontrolled crossing, at Ward Lake Drive, is scheduled to receive flashers and gates in the year 2003. The accident history does not appear to be significant and the crossing protection is up to accepted standards. The delays, whether excessive or not, can be caused by length of trains, train speeds, and number of trains per day: The presence ofa switching operation will also add to incurred delay. Since rail traffic and length of trains has increased during the past few years, the problem of vehicular delay to motorists is one experienced in many cities, The only short- term action that would be advisable is to continue dialogue with the owners/operators of the rail system to ensure that all is being done to minimize the time that crossings are blocked, A long-term solution is the provision of grade-separated crossings for the present raiUroadway at-grade crossings. Such crossings are, obviously, solutions that take a long time to implement. However, the approvals process needs to begin in order to have hope of realizing such improvements, Another option is to request that the railroad move the switching operation to a less populated area o ~ City of Andover Transportation Plan -s- 58 o For purposes of the transportation plan, future grade separated crossings are being recommended for the following four public street crossings: . Bunker Lake Boulevard . Andover Boulevard . Crosstown Boulevard . 161'1 Avenue N.W, Each of these crossings has 20-year volume projections of 10,000 or more. Of course, a Bunker Lake Boulevard crossing should be the highest priority as volumes on that roadway are and will continue to be the highest of these four east-west routes, Bunker Lake Boulevard is under the jurisdiction of Anoka County so the City should work with the County for this beneficial improvement Air ver is not directly affected by any of the area's airports, Therefore, no recom endations are deemed to be necessary with regard to the Transportation Plan. o J. Ace s Management The managem t of access along roadway systems, particularly arterial and collector roadways is a ve important component of maximizing the capacity of a roadway and decreasing the aCCl nt potential along those facilities. Arterial roadways have a function of accommodating I er volumes of traffic and often at higher speeds, Therefore, access to such facilities must be 11 ited in order to protect the integrity of the arterial function. Collector roadways provi a link from local streets to arterial roadways and are designed to provide more access to loc land uses since the volumes and speeds are often lesser than arterial roadways. The Minnesota Department of Trans rtation (MnDOT) reports that studies have shown that as the density of accesses increase, ether public or private, the traffic carrying capacity of the roadway decreases and the ehicularcrash rate increasesl. Businesses suffer financially on roadways with poorly designe ccess, Well-designed accessto commercial properties supports long-term economic vitality, As with many transportation related decisions, land e activity and planning is an integral part of creation of a safe and efficient roadway system. and use decisions have a major impact on the access conditions along the roadway system. very land use plan amendment, subdivision, rezoning, conditional use permit, 0 ite plan involves access and creates potential impact to the efficiency of the transportation s tern. Properties have access rights and good design will minimize the deleterious effect on the roadway system. Access management is a combination of good land use pI . g and effective design of access to property. o The granting of access in the City of Andover is shared by the City and by oka County, with each having the permitting process responsibility over roadways under the' I City of Andover Transportation Plan ~~,- III u: III '0 Q) () t -- ~.ro ... ...... - . . -...... . .... . . . . :] ~ - - - >-- ~ l--l , RAPIDS! , 1 I I City of Andover . Transportatton Plan Functional Classifications Existing Roadway Propos, Roadw A Minor Arterial - - - B Minor Arterial - - - Collector - - - N Railroad 0 Parks Lakes/Rivers D City Liml . Long Range Rail/Street Grade Separation Proposed Functio: Classification Sys1 2003-2023 Figure 11 a :=.,stroo -=- AnderIIt& ~- -.- -7- Revised March 2003 Ie: \171 \17102102\ cad\avprojects landover.apr I 'II > 78 9,'50[1] I, lil. ,CT,'.',"..',i"", _'i ,,.;' ~ l """ .,i li\ co [+==</ )1 ,! -e~~~J'~'" 01.; :0/ L'--";:'I~L ,,} r .. 1~ L __:; :;0<10 '. ;j.~ C--.1.-.-': J ~,::~ [( --." LJI=,,==~ -..,'--,1 i " , I "f"--= , '~"( 1~250 I I .j ---- 177th ~v~ .1.\/. 1,100 o ~ ..; " 1B5c )' o o "t ., .____.L_..--,- ./_'-c-=.- 6,000 8 @ co ~; ~OlJ$HlIC[ 2,S5QL in. ''.\1. @) 5,000 5,000 ~ ,8 L I ~~=r lflir-- 157th 600 Lv~ --0 ,j i ';"'-==\ :! :1 jl ~",~J o o"l '" "" MUNICIPAL ANDD PREPARED MINNESOTA DEPARTMEt PROGRAM SUPF IN CDDPERA U,S, DEPARTMENT [ FEDERAL HIGHV~ SCALI 1600 1---lI---I 500 - - 20( EXISTING C N 'vi aD S LEGE EXISTING DAILY VOLUMEl INTERSTATE TRUNK HI( U,S, TRUNK HIGHVAY""" STATE TRUNK HIGHVAY COUNTY STATE AID HI( COUNTY ROAD"",..",,,,,,,,,,,,,, CORPORA TE LIMITS""""" PUBLIC ROAD "",,,,,..,,,,,,,,, PRIVATE ROAD '"'' "'"'' ",,' FIGURE 3 EXISTING DJ TRAFFIC V ~BO Ro, · - Ani 1\11 As~ Engineers & i3,9~ 1il1il !t.~2w I!!!;",05l!! ~~~I ~..,~L I :=,=",1 2,350: #3,150 ! @3,450 'i ) ,/ ,i I I L= ~. :"=-",,=.;.~: 1888! 300 #300 =~~=_~3C!ll \Il '1 I \I II ."," J ~..._-,," J -{<;'b"... .... '~Y'F,:! ~~ v- =" " 17,350 I # 17,600 \ @19,850 \ MUNICIPP AN DC PREPARE MINNESOTA DEPARTME PROGRAM SUI IN CDDPEF U,S, DEPARTMENT FEDERAL HIGH'" scp 1600 ........ - 500 - ........ 2C BASIC DA- N 'vi '(ll S LEG: 2020 SCENARIO 1 DAILY' 2020 SCENARIO 2 DAILY' 2020 SCENARIO 3 DAILY' INTERST A TE TRUNK H: U,S, TRUNK HIGHVAY"" STATE TRUNK HIGHVA COUNTY STATE AID H: COUNTY ROAD"",,,,,,,,,,,,,,,,, CORPORA TE LIMITS"""" PUBLIC ROAD """"""""'" PRIVATE ROAD '"'''''''''''' FUTURE ROADVAY """" lIIote: Volume Projectic Reserve Land Use changes will chang FIGURE 13 YEAR 2020 DAII SCENARIOS 1 ~BC . _ Rc 1\]1 ~~ Engineers . ~ o o o (!) 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW,CLANDOVER,MN,US TO: Mayor and Councilmembers John Erar, City Administratot Will Neumeister, Community Development Director tif'L CC: FROM: SUBJECT: Consider Zoning Ordinance Change for Temporary Structures - Planning DATE: February 24,2004 INTRODUCTION The purpose ofthis report to the Council is to provide general ideas and information regarding how other cities in the Metropolitan area mayor may not regulate temporary structures. There is a difference in some cities how this is interpreted and applied. For instance, the City of Lakeville has a zoning regulation that indicates temporary structures (including classroom structures) are allowed by administrative permit for no longer than a nine month period, with a 90 day extension (see attached code section from Lakeville). Other cities do not regulate temporary structures and allow trailers on construction sites, and do not deal with anything more than that. It may be important to distinguish between "portable structure" and a "temporary structure ". Typically a "portable structure", will probably be located on a site for a longer period of time, will likely have a post type foundation and an anchoring system, and will meet the current Uniform Building and Fire Codes. Temporary structures are typically construction trailers. Therefore, how "temporary structure" is defined does make a difference in how this topic is discussed, DISCUSSION To help answer this question, seven cities were interviewed, two cities were found to have regulations in their zoning ordinance for "temporary structures ". How it was written and applied differed between the two cities (i.e. Lakeville, and Plymouth). To see how they used these ordinanc,es please see attached copies. Plymouth also has a zoning regulation called an "interim use permit" that they use for review and approval of portable classrooms in the Public Institutional District. The "interim use permit" would be similar to a conditional use permit, whereby the city may regulate how long a portable building would be allowed on the site before it would need to be further reviewed (i.e. after a specified period oftime has elapsed). They have used this code section to regulate the portable classrooms in their city. That code section is also attached. o o o Most cities do not go into detail regarding the differences as stated above. Most do not allow a "temporary structure" unless it is some type of construction trailer and that would be allowed during the construction of a new building. Some that have had temporary classrooms have either reviewed them for building and fire code requirements and considered them as permitted uses, or if they were conditional uses, then they may have put some restrictions on them as they felt appropriate. ACTION REQUESTED Council is asked to review the attached information and discuss whether there is a need to make changes to the Zoning Code to institute new requirements such as "interim use permits" for portable buildings. Secondly, there may need to be some discussion regarding whether the zoning code needs to have a section added that covers "temporary structures" similar to Lakeville or Plymouth's zoning code (attached), Or lastly, do schools (both private and public) need to be made a conditional use rather than a permitted use, as they are currently designated in the Zoning Code? Respectfully submitted, ////4~/ ~ Will Neumeister A~~mffl~ v Various City Code Sections from Twin Cities Suburbs -;?- '/tAiii5jl~,r~ o 11-28-1: PURPOSE: The purpose of this Chapter is to provide for the erection of temporary structures (not including model homes/temporary real estate offices or temporary classroom structures for use by a public or private institution) needed for emergency purposes or for temporary use during the construction of a permanent structure. (Ord. 674, sec. 1, 7-17-2000) o o 11-28-3: PROCEDURE: The erection of a temporary structure shall require an administrative permit, as may be issued by the Zoning Administrator, except as otherwise provided by this Title. (Ord. 674, sec. 1, 7-17- 2000) 11-28-5: SPECIAL REQUIREMENTS: A. Structures: Temporary structures governed by this Chapter shall be allowed in all zoning districts, B. Site Plan Required: No administrative permit shall be issued for a temporary structure unless a site plan pursuant to Chapter 90f this Title has also been approved if applicable, or unless a building permit has been issued for a new structure, addition or remodeling of an existing structure on the property, C. Termination Of Permit The administrative permit shall terminate nine (9) months from its date of issuance, or within thirty (30) days after a certificate of occupancy has been issued by the Building Official for the permanent structure, whichever occurs first, unless a different time schedule is approved as part of the permit. The permit may be extended for an additional ninety (90) days by the Zoning Administrator. D. Setback: Temporary structures may be placed in a required building setback area, provided that no such structure may be placed within thirty feet (30') of a public right of way or obstruct visibility at any street intersection or driveway access. E, State Building Code: All applicable requirements of the State Building Code shall be met. F. Water And Sewer: Provisions for water and sewer servicing the temporary structures shall be subject to the review and approval of the Building OffiGial. G. Security Measures: Security measures such as lighting shall be implemented subject to the review and approval of the Zoning Administrator. H, Parking: Subject to the provisions of Chapter 19 of this Title, I. Signage: Subject to the provisions of Chapter 23 of this Title. (Ord. 674, sec. 1,7-17-2000) ( 'IvlNlLakeville/ ) -:3- o o o PLYMOUTH ZONING ORDINANCE SECTION 21167 - TEMPORARY STRUCTURES 21167.01 PURPOSE: The purpose of this section is to provide for the erection of temporary structures (not including model homes/ temporary real estate offices or temporary classroom structures for use by a public or private school) needed for emergency purposes or for temporary use during the construction of a permanent structure, 21167.02 PROCEDURE: The erection of a temporary structure shall require an administrative permit, as may be issued by the Zoning Administrator, except as otherwise provided by this Chapter. 21167.03. SPECIAL REQUIREMENTS: Subd. 1. Temporary structures shall be allowed as provided for in the applicable zoning district in which they are located. Subd. 2. No administrative permit shall be issued for a temporary structure unless a site plan pursuant to Section 21045 has also been approved if applicable, or unless a building permit has been issued for a new structure, addition or remodeling of an existing structure on the property, Subd.3. The administrative permit shall terminate six (6) months from its date of issuance, or within thirty (30) days after a certificate of occupancy has been issued by the Building Official for the permanent structure, whichever occurs first The permit may be extended for an additional 90 days at the discretion of the Zoning Administrator, Subd. 4. Temporary structures may be placed in a required yard area, provided that no such structure may be placed within 30 feet of a public right-of-way or obstruct visibility at any intersection or driveway, ' Subd. 5. All applicable requirements of the State Building Code shall be met Subd. 6. Whenever an administrative permit for erection of a temporary structure has been issued, a similar application for an administrative permit for erection of a temporary structure shall not be considered again by the Zoning Administrator for at least one (1) year from the date of approvaL (Amended by Ord No, 99-5, 01/19/99) 21167-1 -~- o o o PLYMOUTH ZONING ORDINANCE SECTION 21650 - PI. PUBLIC/INSTITUTIONAL DISTRICT 21650.01. PURPOSE: The PI District is intended to provide a specific zoning district for facilities devoted to serving the public and specialized government activities, and semi-public uses. It is unique in that the primary objective of uses within this district is the provision of services, frequently on a non-profit basis, rather than the sale of goods or services. It is intended that uses within such a district will be compatible with adjoining development, and they normally will be located on or in proximity to an arterial street ' 21650.03. PERMITTED USES: Subject to applicable provisions of this Chapter, the following are permitted uses in the PI District: Subd. 1. Day care facilities, Subd.2. Educational facilities, including public and private accredited nursery, elementary, middle or junior high, and high schools. Subd. 3. Essential, services not including structures, except those requmng administrative permits or conditional use permits pursuant to Section 21160 of this Chapter. Subd. 4. Nursing homes, residential care facilities, and similar group housing, but not including hospitals, sanitariums, or similar institutions. Subd. 5. buildings. Parks, playgrounds, trails, athletic and recreational fields and related Subd. 6. Private clubs and lodges. Subd.7. Publicly owned civic or cultural buildings, such as libraries, city offices, fire stations, auditoriums, public administration buildings and historical developments, Subd. 8. Radio and television receiving antennas including single satellite dish TYROs two (2) meters or less in diameter, short-wave radio dispatching antennas, or those necessary for the operation of electronic equipment including radio receivers, federally licensed amateur radio stations and television receivers, as regulated by Section 21175 of this Chapter. Subd. 9. Religious institutions, such as chapels, temples, synagogues, and mosques limited to worship and related social events. Subd. 10. Trade schools, (Amended by Ord. No. 2004-02, 01/13/04) 21650.05. ACCESSORY USES: Subject to applicable provisions of this Chapter, the following are permitted accessory uses in the PI District: 21650-1 -s;- o o o PLYMOUTH ZONING ORDINANCE Subd. 1. Accessory uses customarily incidental to the uses permitted in Sections 21650,03,21650.07, and 21650.09 of this Chapter. Subd. 2. Buildings and structures for a use accessory to the principal use but such structure shall not exceed thirty (30) percent of the gross floor space of the principal use. Subd. 3. Fences as regulated by Section 21130 of this Chapter. Subd. 4. Chapter. Off-street parking and loading areas as regulated by Section 21135 of this Subd. 5. Signs as regulated by Section 21155 of this Chapter. Subd. 6. Liquor on-sale when accessory and customary to uses permitted in Sections 21650,03, 21650.07, and 21650,09 of this Chapter. (Amended by Ord. No. 98-41, 12/16/98) Subd. 7 Temporary meteorological equipment and associated tower as regulated by Section 21173 of this Chapter. (Amended by Ord. No. 2002-19, 05/14/02) 21650.07. CONDITIONAL USES: Subject to applicable provisions of this Chapter, the following are conditional uses in the P-I District and require a conditional use permit based upon procedures set forth in and regulated by Section 21015 of this Chapter. Additionally, besides the specific standards and criteria which may be cited below for respective conditional uses, each request for a conditional use permit shall be evaluated based upon the standards and criteria set forth in Sections 21015.02, Subd. 5 and 21015.04 ofthis Chapter. Subd.l. Antennas not located on a public structure or existing tower, as regulated by Section 21175 ofthis Chapter. Subd. 2. Automobile parking lots as a principal use provided that: (a) The use and design is in conformance with Section 21135 of this Chapter. Subd. 3. provided that: Buildings in excess of height limitations as specified in Section 21650,13 (a) For each additional five (5) feet in roof height as calculated by the Minnesota State Building Code, which is above the maximum building height allowed by Section 21650.13 of this Chapter, front and side yard setback requirements shall be increased by one (1) foot. (b) The construction does not limit solar access to abutting and/or neighboring properties, Subd. 4. Cemeteries or memorial gardens provided that: 21650-2 -6-- o o o PLYMOUTH ZONING ORDINANCE (a) The site is landscaped in accordance with Section 21130, (b) The use is available to the "public". (c) The use meets the minimum setback requirements for principle structures. Subd. 5. Colleges, seminaries, and other institutions of higher education, Subd. 6. Community centers. Subd. 7. Correctional facilities and shelters provided that: (a) Facilities shall comply with all applicable codes and regulations and shall have, current and in effect, the appropriate state licenses, (b) On-site services and treatment shall be for residents and inmates of the facility only, and shall not be for non-residents or persons outside the facility. (c) All new buildings or additions to existing buildings shall be consistent with the scale and character of the buildings in the neighborhood, Exterior building materials shall also be hannonious with other buildings in the neighborhood. (d) No correctional facility shall be closer than one thousand three hundred twenty (1,320) feet from another licensed correctional facility or from any property designated on the Land Use Guide Plan as residential and/or designated on the official zoning map as residential. (e) The conditional use permit is only valid as long as a valid state license is held by the operator of the facility where such license is required. (t) Appropriate transition to neighboring property shall be provided by landscaping and site design consistent with the City ordinances and policies. Subd. 8. Day care, social services or other non-directly related worship type activities as an accessory use within a religious institutional building(s), Subd. 9. Essential services requiring a conditional use permit pursuant to Section 21160 of this Chapter. Subd.l0. Essential service structures (as defined by Section 21005 of this Chapter) that exceed five (5) feet in height or twenty (20) square feet in area, necessary for the health, safety and general welfare of the City, excluding public works type facilities, provided that: (a) Equipment is completely enclosed in a permanent structure with no outside storage, Subd. 11. Helistops, as regulated by Section 21193 of this Chapter. Subd. 12. Hospitals, sanitariums or similar institutions provided that: 21650-3 -7- o o o PLYMOUTH ZONING ORDINANCE (a) Only the rear yard shall be used for play or recreational areas, Said area shall be fenced and controlled and screened in compliance with Section 21130 of this Chapter. (b) All state laws and statutes governing such use are strictly adhered to and all required operating permits are secured. Subd. 13. Living quarters which are provided as an accessory use to a principal use in Section 21650,03 or to a conditional use in this Section provided that: (a) The living quarters shall not be used as rental property. (b) A maximum of one (1) such dwelling shall be allowed, (c) There shall be a demonstrated and documented need for such a facility (Le., caretaker, security, etc,), Subd. 14. Medical, dental and chiropractic offices and clinics, commercial and professional offices, funeral homes and mortuaries, Subd. 15. Other uses of the same general character as those listed III Sections 21650.03 and 21650.07 of this Chapter. Subd. 16. similar facilities. Outdoor recreational areas including golf courses, swimming pools, and Subd.17. Reduction in lot area requirements. Subd. 18. Residential shelters in accordance with Section 21190,02, Subd. 19. Retail commercial activities and personal services, provided that: (a) Merchandise is sold at retaiL (b) Personal services are limited to those uses and activities which are allowed as a permitted or permitted accessory use within a C-1 Zoning District. (c) The retail activity and personal services are located within a structure whose principal use is not commercial sales. (d) The retail activity and personal services shall not occupy more than fifteen (15) percent of the gross floor area of the building. (e) The retail activity and personal services are not located within a structure whose principle use is residentiaL (t) No directly or indirectly illuminated sign or sign in excess of ten (10) square feet identifying the name of the business shall be visible from the outside of the building. 21650-4 -8- o o~ o PLYMOUTH ZONING ORDINANCE (g) No signs or posters of any type advertising products for sale or services shall be visible from the outside ofthe building. Subd. 20. Public safety communication towers and antennas, provided that: (a) Public safety communication towers in excess of 150 feet in height shall be located on property not less than 10 acres in size. (b) Public safety communication towers shall comply with the standards and requirements of Section 21175, (Amended by Ord. No, 98-12, 04/15/98) Subd.21. WECS as regulated by Section 21173 of this Chapter. (Amended by Ord. No. 2002-19, 05/14/02) (Amended by Ord, No. 2003-35, 11/25/03) (Amended by Ord. No, 2004-02, 01/13/04) 21650.09. INTERIM USES: Subject to applicable provisions of this Chapter, the following are interim uses in the PI District and are governed by Section 21020 of this Chapter: Subd.1. Landfilling and land excavation/grading operations, except mining, as regulated by Section 21185 of this Chapter. Subd. 2. -$ Temporary classroom structures for use by public or private school. 21650.11. USES BY ADMINISTRATIVE PERMIT: Subject to applicable provisions of this Section, performance standards established by this Chapter, and processing requirements of Section 21025, the following are uses allowed in an PI District by administrative permit as may be issued by the Zoning Administrator. Subd.1. Antennas located upon a public structure or existing tower, as regulated by Section 21175 of this Chapter. Subd. 2. Essential services requiring a permit from the City Engineer as provided by Section 21160 of this Chapter. Subd.3. Essential service structures (as defined by Section 21005 of this Chapter) that do not exceed five (5) feet in height or twenty (20) feet in area, necessary for the health, safety and general welfare of the City, excluding public works type facilities and uses, provided that: (a) Equipment is completely enclosed III a permanent structure with no outside storage. (b) Landscaping is provided to screen any such storage. 21650-5 -' '1- o o o PLYMOUTH ZONING ORDINANCE Subd.4. Landfilling and land excavation/grading operations, except mining, as regulated by Section 21185 of this Chapter. Subd 5. Outside storage as a principle or accessory use subject to the same conditions as allowed in a C-3 District. Subd. 6. Outside, above ground storage facilities for fuels used for heating purposes, emergency backup generators, or for motor fuel dispensing purposes related to an approved principle use, but not for sale, subject to the same conditions as allowed in a C-1 District. (Amended by Ord. No. 2001-06,02/13/01) Subd. 7. Temporary mobile towers for personal wireless service antennas, as regulated by Section 21175 of this Chapter. Subd. 8. Temporary outdoor promotional and sales activities beyond the confines of the principal building, Subd. 9. Temporary structures as regulated by Section 21167 of this Chapter. (Amended by Ord. No. 2004-02, 01/13/04) 21650-6 -/0_ o @ 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 John Erar, City AdministratoJJV' David Berkowitz, City EnginJe;i)"DJ> TO: From: Kameron Kytonen, Natural Resources Technician Subject: Consider Revised Tree Preservation Policy and City Code- Engineering Date: February 24, 2004 INTRODUCTION City staff has made some revisions to the Tree Preservation Policy and City Code 4-3 with the intent to formulate a more efficient and effective enforcement system, to improve the logistics of the documents, to bring the documents up to date with the latest standards and regulations and to improve the composition and grammar. o DISCUSSION There have been several various issues involving enforcement of City Code 4-3 that have either taken up significant city staff time and/or haven't adequately addressed the issues. It is hoped that these revisions will alleviate these concerns by creating a system that garners better efficiency and effectiveness. It is of best interest to develop a consistency between the actions taken by city staff and the language in the Tree Preservation Policy and City Code 4-3. It is intended to accomplish this measure by improving the logistics of these documents. Some of the language in City Code 4-3 is in need of updating to reflect the latest standards established by the Minnesota Department of Agriculture (MDA). ACTION REOUESTED The City Council is requested to consider approving these reVlSlons and to offer suggestions on additional improvements to these documents. Respectfully submitted, ~~ Kameron Kytonen o ./ ./ Attachments: City Code 4-3 and Tree Preservation Policy o 4-3-1: DECLARATION OF POLICY: The City Council has determined that the health of tAe elm, pine and oak trees within the City are threatened by fatal diseases known as Dutch elm disease, oak wilt and pine bark beetle (Ips pini). It has further determined that the loss of elm, oak and pine trees growing upon public and private property would substantially depreciate the value of property within the City, and impair the safety, good order, general welfare and convenience of the public. It is declared to be the intention of the City Council to preserve shade trees as well as to control and prevent the spread of these diseases and other epidemic diseases of shade trees by enacting this chapter in conjunction with the Tree Preservation Policy. (Amended Ord. 214,5-6-1997) , 4-3-2: NATURAL RESOURCES TECHNICIAN (NRT): A. Positions Created: The position of Natural Resources Technician is hereby created within the City. The NRT must be a Certified Tree Inspector (CTI) as determined by the Minnesota Commissioner of Agriculture. o B. Duties: It is the duty of the NRT to coordinate, under the direction and control of the Council, all activities of the City relating to the control and prevention of Dutch elm disease and oak wilt, the spread of the pine bark (Ips pini) beetle, and other epidemic diseases of shade trees. The NRT will be responsible for establishing and prioritizing control areas, promulgate rules, regulations, standards and specifications to be approved by the City Council, and advise the City Council of appropriate actions. (Amended Ord. 214, 5-6-1997; amd. 2003 Code) C. Interference Prohibited: It is unlawful for any person to prevent, delay or interfere with the NRT or their designee their designated agent while tRey aFe engaged in the performance of the duties imposed by this chapter. (Amended Ord. 214,5-6-1997; amd. 2003 Code) 4 3 3: TREE COMMISSION: II". Commission Created; .^.ppointment: The City Counoil hereby authorizes the establishment of a tree oommission 'J/hioh shall consist of seven (7) membeFS ,,,..ho are residents of the City and who shall be appointed by the mayor with the appro\'al of the City Counoil. B. Terms Of Offioe: Initially, three (3) membem shall cerve a one year term, and four (4) membeFS shall serve a two (2) year term. Eaoh suooeeding term shall be for two. (2) years. Eaoh member is eligible for reappointment at the end of his-!her term. o 1 C. Compensation: Members of the oommiGsion shall serve without oompensation.(/\mended Ord. 211,56 1997) o D. Duties: The troe oommiccion '....iI! assist the NRT in establishing and prioritizing oontrol aroas, promulgate rules, regulations, stand:uds and speoifioations to be appro'.'ed by the City Council, and advise the Cit}. Counoil of appropriate aotions. (/'-mended Ord. 211, 5 6 1997; amd. 200d Code) 4-3-4: TREE CONTRACTORS: A. License Required: It shall be unlawful for any individual, partnership or corporation to conduct, as a business for profit, the cutting, trimming, pruning, removing, spraying or otherwise treating of trees, shrubs or vines in the City without first having secured a license from the City to conduct such business. B. Application For License: Application for a license under this chapter shall be made at the office of the City Clerk. The application for a license shall be made on a form approved by the City which shows, among other things, the name and address of the applicant, the number and names of the employees of the applicant, the number of vehicles of the applicant, together with a description and license number of each, and the type of equipment proposed to be used. C. Insurance Requirements: No license or renewal of a license shall be granted, nor shall the same be effective, until the applicant has filed with the City Clerk a certificate of insurance evidencing the holding of liability insurance and the limits required by Minnesota statutes and proof of workers' compensation insurance. The City shall be named and the insurance provided shall include the City as an additional party insured. Said policy shall provide that it may not be canceled by the insurer except after ten (10) days' written notice to the City, and if such insurance is so canceled and licensee shall fail to replace the same with another policy conforming to the provisions of this chapter, said license shall be automatically suspended until such insurance shall have been replaced. (Amended Ord. 214, 5-6-1997) o D. License Fees: Fees shall be in such amounts as set forth by city code ordinanco:!9 . (Amended Ord. 214, 5-6-1997; amd. 2003 Code) E. Chemical Treatment Requirements: Applicants who propose to use chemical substances in any activity related to treatment or disease control of trees, shrubs or vines shall file with the City Clerk proof that the applicant or an employee of the applicant administering such treatment has been certified by the agronomy division of the Minnesota Department of Agriculture as a Commercial Pesticide Applicator. Such certification shall include knowledge of tree disease chemical treatment. (Amended Ord. 214,5-6-1997) o 2 o 4-3-5: EPIDEMIC DISEASE PROGRAM: It is the intention of the Council to conduct a program of plant pest control pursuant to the authority granted by Minnesota statutes section 18.022, as amended, directed at the control and elimination of Dutch elm disease, aR9 oak wilt disease, ~ and pine bark beetles, and elimination of other tree diseases, and is undertaken at the recommendation of the Minnesota Commissioner of Agriculture. (Amended Ord. 214, 5-6-1997) 4-3-6: NUISANCES DECLARED: The following are public nuisances wherever they may be found within the city: A. Any living or ctanding elm tree or part thereof infected to any degree with either of two species of the Dutch elm disease fungi fungus, Ophiostoma ulmi and Ophiostoma novo-ulmi Ceratoc.ystis ulmi (Buimnan) Mor-oau, or which harbors any of the elm bark beetles, Scolytus multistriatus (Eiohh) or Hylurgopinus rufipes (March). o B. Any dead elm tree or part thereof, including logs, branches, stumps, firewood or other elm material not properly covered and sealed from which the bark has not been removed or sprayed with an effective elm bark beetle insecticide; except, that the stockpiling of uncovered bark bearing elm wood shall be permitted during the period from September 15 to April 1 of any year. C. Any living or standing northern red oak (Quercus rubra), northern pine oak (Quercus ellipsoidalis), black oak (Quercus velutina), and scarlet oak (Quercus coccinea), or part thereof, infected to any degree with the oak wilt disease fuAW, Ceratocystis fagacearum. D. Any living or standing white oak (Quercus alba), bur oak (Quercus macrocarpa), and swamp white oak (Quercus bicolor), that poses a threat of transmission of the oak wilt disease fungus to other trees of the same species through interconnected root systems. E. Any diseased material of the red oak group that is potentially spore- producing (PSP). wilting, in July or .^.uguGt of one year deolared to be hazardous the following spring, from /\pril15 until July 1. F. Any standing pine tree infected with the pine bark: beetles, Ips pini, Ips perroti or Ips grandicollis . reoently cut pine tree slash that is or is not part of a slash treatment for trapping Ips pini. (Amended Ord. 214, 5-6-1997) G. Any standing dead pine tree that has been dead under one and one half o (1 %) years. 3 H. Any expos d pin tre slash or logs cut from live tre s or from tr s that 0, ' have be n d ad und r one and on half (1 %) Y ars. 4-3-7: NUISANCES PROHIBITED: It is unlawful for any person to permit the spread of a public nuisance as defined in this chapter across his or her property lines and in any specified control areas as established by the City. Such nuisances shall may be abated in the manner prescribed in section 4-3-10 ofthis chapter. (Amended Ord. 214, 5-6-1997) 4-3-8: INSPECTIONS AND INVESTIGATIONS: A. Annual Inspections and Investigations Required: 1. The NRT shall inspect all premises and places within the city as often as practicable to determine whether any condition described insection 4-3-6 of this chapter exists thereon. 2. The NRT shall investigate all reported incidents of infestation of Dutch elm disease, oak wilt, pine bark beetle, or other diseases of shade trees as necessary to determine whether any condition described in section 4-3-6 exists. o 2. The naturalrosouFoos teohnician shall investigate all reported incidents of infestation by Dutch elm fungus or elm diseaoe on all those premises and places v:ithin the oity at least three (3) timeo during the gro'J.'ing ceason to detennine whether any condition deooribed in suboeotions -1 3 6/\. and -1 3 6B exists. 3. The natural reoouroos technician chall investigate all reported inoidenta, premices and pkloos of infestation by oak wilt, pine bark beetlec or other dioeases of shade trees as many times as neoessary to determine whether any oondition deocribed in aubcec.tions -1 3 6C through E exists. B. Entry Powers: The NRT or their designee duly authorized agents may enter upon private premises at any reasonable time for the purpose of carrying out any of the duties assigned to them under this chapter. C. Diagnoses: 1. The NRT shall make the initial identification of an infected area whenever possible. o 4 o 2. The property owner or oontraotor, as advised by the NRT may shall, .....ithin forty eight (18) hours, send appropriate specimens or samples to the Minnesota Commissioner of Agriculture, University of Minnesota or any state certified testing lab for analysis. Exoept as provided in seotion 1 3 10 of this ohapter, no aotion to remo':e infeoted trees or sod shall be taken until positive diagnosis of the disoase has been made. 3. A praperty awner ar cantractar who. becames aware af anycanditian described in sectian 4-3-6 shall natify the NRT "Vithin seven (7) days. 3. It is the responsibilil;' of the property owner or oontmotor to notify the cil;' of the results of the diagnosis in writing. Notifioation to the oity must be done .....ithin se'/en (7) days of receipt of the diagnosis. (Amended Ord. 214, 5-6- 1997; amd. 2003 Code) 4-3-9: ABATEMENT BY CITY OF EPIDEMIC TREE DISEASE NUISANCES: A. No. persan shall allaw, permit the spread af, ar fail to. abate a public nuisance as defined in this cade. Such nuisances shall be abated in the manner prescribed in thiscade. o B. The NRT shall enfarce the treatment af nuisances by requiring the p rfarmance af ane ar mare af the fallawing tasks in arder to. destray and prevent the spread af epidemic diseases af shade trees, including, but nat limited to., Dutch elm disease, aak wilt disease, ar pine bark beetle. .Such abatement pracedures shall be carried aut in accordance with current technical and expert apinians and plans as may be designated by the Minnesata Cammissianer af Agriculture ar the University af Minnesata. Abatement praceduresare as fallaws: 1. Raat graft barrier installatian(vibratary plawing ar trenching) at least 48 inches deep in the sail to. isalate the diseased trees; 2. Remaval aftrees; 3. Stump grinding; 4. Burning, chipping, debarking ar praperly cavering and sealing the patentially hazardaus waad and/ar stumps; 5. Fungicideinjectians into. healthy and/arinfected aaks arelms with the apprapriate chemical to. avaid ar minimize the effects af aak wi/t ar Dutch elm disease; 6. Spraying the infected trees and/ar all nearby high value trees with an effective disease destraying cancentrate; 7. Other treatment methads as appraved by the NRT o A. In abating the nuisanoe defined in seotion 1 3 6 of this ohapter, the natural resources technioian shall cause the infec.ted tree or wood to be sprayed, ,5 removed, burned (by permit only), ohipped or otherwice cffec4ively treated co 0 as to destroy and prevent as fully as poscible the spread of epidemio diseases of shade tr-ces, inoluding, but not limited to, the Dutoh elm diseace and the assooiated elm bark beetles, oak .....itt, or pine bark beotles. (Amended Ord. 214, 5 6 1997; amd. 2003 Code) B. To prevent root graft transmicsion of the diseases, a barrier may be oreated between diseased and healthy trees, either by treating the coil surrounding the trees with a ohemical approved by the Minnesota department of agrioulture or the uni'JeFcity of Minnesota, or by digging a trench at least fifty t\\'o inohes (52") deep in the soil to isolate the diceased trees as recommended by the department of agriculture or university of Minnesota. Suoh abatement procedure shall be oarried out in aooordance 'Nith ourrent technical and expert opinions and plans as may be decignated by the Minnesota oommissioner of agrioulture or university of Minnesota. (Amended Or.cf. 214, 56 1997) 4-3-10: PROCEDURE FOR ABATEMENT OF INFECTED TREES AND WOOD: A. Upon the determination of conditions constituting a nuisance as described .in Section 6 of this code located on property within the City of Andover, excluding City property, the NRT shall declare the existence of a public nuisance and order abatement thereof. .TheNRT shall send written notification to the owner of the nuisance declaration and the necessary abatement procedures. A property owner who disagrees with the determination of the NRT may appeal the determination to the City Council. Such appeal must be filed in writing with the City Clerk and within ten (10) days of receipt of notice of the determination by the NRT. The City Council shall consider the appeal at the next scheduled regular City Council meeting. The City Council shall affirm, reverse or modify the determination. o ^. Notioe To Abate; Time For /\batement: If the diseased tree nuis::moe as desoribed in cubseotionc '1 3 6/\ through E of this ohapter is looated on pri':ate property, the Natural Resources Teohnioian chall send a written notif-ication and presoription to the owner of s3id property. It shall be the obligation of the property owner to oarry out the presoribed abatement prooeduFec .....ithin twenty (20) days f-Fom the date of reoeipt of the notifioation from the city unless a written exoeption is granted by the Natural Resources Teohnioian because of unforeseen physioallimitationc resulting from exoessive numbers of diseased trees ocourring on said property or other unforeseen hardchips as determined by the Natural Resources Teohnician. Suoh deoision may be appealed to tho tree oommission. o 6 o o o B. Failure To Abate; Contract For Abatement; Cost!>: Should a property owner fail to abate the nuisance, or be unwilling or unabl to abate th nuisance, as prescribed by the NRT, 1. If the owner fails to folio'.... the presoription within the designated time period, the Natural Resources Technioian shall notify the property CYNner by mail that the natural rosouroos technician wm contract for the abatement of the nuisance. 2-,. the NRT or their designee shall then proceed to contract for the prescribed abatement procedure as soon as possible and shall report to the City Clerk all charges resulting from the abatement procedures carried out on such private property. The City Clerk shall list all such charges along with a city administrative cost against each separate lot or parcel by September 1 of each year as special assessments to be collected commencing with the following year's taxes. Administrative costs as set by City Council ordinance shall be assessed for each parcel and shall be add,ed to each assessment. All assessments levied for the repayment of tree disease abatement cost may be repaid over a five (5) year period. Such assessments shall be levied under authority granted by Minnesota statutes section 429.101. C. Imminent Danger Of Infestation: If the NRT finds that danger of infestation of epidemic diseases in shade trees is imminent, the NRT he/she shall notify the abutting property owners by mail that the nuisance shall will be abated within a specified time. D. Boulevard Treec: 1. In the case of existing boulevard trees, notices will be mailed to the o'....ner of the abl.Jtting property as previously desoribed in subsections .^. and B of this section. The owner of said property shall abate the nuisancc. ' 2. Stumps from infected trees on boulevards shall be removed by a maohine, grinding up stumps to six inches (6") below ground level or digging up the total ctump. The removal of stumps shall occur .....ithin six (6) months of notification by the natl.Jral resources technioian. (Amended Ord. 214, 5 6 1997; amd. 2003 Code) 4-3-11 : SPRAYING TREES: Whenever the NRT determines that any tree or wood within the City is infected with disease, the NRT he/she may require spraying of all nearby high value trees, as determined by the NRT, with an effective disease destroying concentrate. Spraying activities authorized by this section shall be conducted in accordance with technical and expert opinions and plans of the University of Minnesota or the Minnesota Commissioner of Agriculture and under the 7 supervision of the University of Minnesota or the Minnesota Commissioner of 0 Agriculture, or agents thereof, whenever possible. (Amended Ord. 214, 5-6-1997; , amd. 2003 Code) 4-3-12: TRANSPORTING EPIDEMIC DISEASED WOOD: It is unlawful for any person to transport within the City any diseased wood that is determined to be hazardous, as described in but not limited to section 4-3-6 of this chapter, without taking the appropriate precautions. having obtained a permit fFom the NRT. The NRT shall grant ouch permits only when the purpose of thio chapter will be selVed thereby. The transportation of diseased 'I:ood 'Nithin the City to an appro'Jed disposal site shall be allO'Ned without a permit. (Amended Ord. 214, 5-6-1997; amd. 2003 Code) 4-3-13: REQUIREMENTS FOR DEVELOPERS: A. Protection Of Trees: A Tree Protection Plan is to be submitted by all developers, builders and soil disturbance project area facilitators in accordance with the City Tree Preservation Policy. (Amended Ord. 214,5-6- 1997) B. Required Tree Plantings: 1. Tree Planting Required; Specifications: For lots of record created after the adoption of this chapter, it shall be the responsibility of the developer of said lot to plant a minimum of two (2) live trees or one tree per fifty feet (50') of lot width at the boulevard in the front yard, whichever is greater, up to a maximum of four (4) required trees. Said trees shall be at least one and three- fourths inches (1 3/4") in diameter and six feet (6') in height as measured at ground level after the trees are planted. Said tree shall be planted between the months of Api'il May and October, and its species ahd/or type shall be on the list approved by the City. (Amended Ord. 214, 5-6-1997; amd. 2003 Code) o 2. Cash Escrow BeAa Or Letter Of Credit: The developer is required to escrow an amount based on the City code fee schedule one hundred fifty porcent (150%) for the cost of tree installation with a cash escrow performance bond or irrevocable letter of credit. Landscaping improvements may not be deemed complete until the City has verified survivability of all required plantings through one "winter season," which is defined for the purpose of this chapter as the period October 31 through May 31. 3. Exemptions: The requirements in this subsection shall not apply to a developer if the minimum number of trees prescribed by this subsection are preserved in the front yard of the property and the trees meet the requirements Hstedabove. (Amended Ord. 214, 5-6-1997) o 8 o 4-3-14: VIOLATION; PENALTY: Any person, firm or corporation who violates any section of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject toa misdemeanor penalty punished as then defined by Minnesota state law. Additionally, the City may exercise any civil remedy available under Minnesota law for the enforcement of this code including civil action, mandamus, injunctive relief, declaratory action, or the levying of assessments. (Amended Ord. 214, 5-6-1997) o o 9 o Cit.!:J ot Andover o Tree f'reservation ' f' olic.!:J 1992 o CITY OF ANDOVER 0 TREE PRESERVATION POLICY INDEX PaQe Section I. Purpose 2 Section II. Applicability 2 Section III. Definitions 2 Section IV. Procedures 3 Development Standards 3 Tree Protection Plan 4 Conditional Use Permit 6 Section V. Tree & Site Related Disturbances 6 Section VI. Methods of Tree Protection 7 Planning & Considerations 8 Protective Barriers 8 Encroachment 9 Appendix A Technical Terms 10 0 Appendix B Reclamation of the Growing Site 11 Appendix C Checklist for Tree Protection Plan 11 o 1 o o o TREE PRESERVATION POLICY CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA I. Puroose. The purpose of this policy is to preserve and protect significant trees or stands of trees whose loss due to land disturbances would affect the character of neighborhoods, subdivisions, public or utility semi public projects and commercial developments. II. Applicabilitv. This policy shall apply to any person or entity that would disturb land areas and impact significant trees or stands of trees in neighborhoods, subdivisions, commercial building developments, public and utility semi publio projects such as stre,ets, utilities and parks whether disturbed by a public agency or private developer; except where the City Council may waive these requirements where there would be a greater public need for the project than to meet the requirements of this policy. A pwblio hearing shall be hels bofore seolaring such a .....aiver. The site shall be notified at least ten (10) days before the hearing. The terms and provisions of the Tree Preservation Policy in conjunction with City Code 4-3 the City Tree Oreinanoe No. ;M4 shall apply to all activity, which requires approval from the Natural. Resources Technician or their designee prior to any land disturbance. tho, ioswanse of a Land Disturbanoe Permit. III. Definitions. All words in these standards have their customary dictionary definition except as specifically defined herein. The word "shall" is mandatory and the work "should" is permissive. Technical terms used in this Policy are defined in Appendix A. Buildable Area - the portion of a lot which is not located within any minimum required yard, landscape strip/area, or buffer; that portion of a lot wherein a building may be located. City Forester Natural Resources Technician (NRT)- the agent of the City of Andover assigned to the Engineering Department and having the primary responsibilities of administration and enforcement ofthe Tree Preservation Policy. City Code 4-3 Tree' Ordinanoe No. 211 - a code an Ordinanoe relating to the preservation of shade trees and the prevention of epidemic diseases in shade trees within the City of Andover. Construction Zone - the area within the property. that is under some type of disturbance (i.e. soil disturbance Or material storage) from an improvement. Crown Dripline - a vertical line extending from the outer surface of a tree's branch tips down to the ground. DBH - diameter-at-breast-height is a standard measure of tree size and is a tree trunk diameter measured in inches at a height of four and one-half feet (4Y2') above ground. If a tree splits into multiple trunks below four and one-half feet (4Y2'), them tho trunk' is measures at its most narrow point beneath tho split. then the total. of the measurement of the largest of all the multiple trunks' at DBH and one-half (Yz) of the DBH of the other(s) is measured in inches. 2 Land Disturbance Permit an offiClial authorization issued by the Forestry Engineering 0 Department (Public; 'JIJorks Department) allowing dcf.oliation or alternation of the site f.or the ClommenceFl1cnt of any commercial, industrial, publie, or Fesidential mmstrl:Jction. /\gricultural practices and agricl:Jltl:JFal Elonstrnction ',viii be exempted from this pro'lision of this polisy. Protection Zone - all lands that fall outside the buildable area of a parcel. Siqnificant Trees - any deciduous hardwood tree measuring four inches (4") 1>....el'le ~ in DBH or greater, ora coniferous tree measuring four inches (4") eight (8") in DBH or greater, or any tree or group of trees that is/are considered significant by the NRT or their designee. Specimen Tree or Stand any tree or grol:Jping of tFees which has been determined to be of a high value by the City ForesterfTree Inspector because of its species, size, age or other pFOfossional criteria. Structure - anything manufactured, constructed or erected, which is normally attached to or positioned on land, including portable structures. Tree - any self supporting woody plant, usually having a single woody trunk and a potential DBH of two inches (2") or more. Tree Protection Plan - plan established in Section IV(B) of the Tree Preservation Policy and Appendix C. o Tree Preservation Policy - approved and adopted by the City of Andover Council to regulate and provide standards and guidelines for the preservation of trees through development and construction processes within the City of Andover. Woodlot - any wooded area with significant trees. IV. Procedures. (Summarized in Figure 1). A. Development Standards. Developments shall be designed to preserve large trees and woodlots where such preservation would not affect the public health, safety or welfare. The City may prohibit removal of all or part of a woodlot or stand of trees. In addition, nothing in this policy shall prevent building on an existing lot of record, provided that such building shall be designed to save as many trees as possible. This decision shall be based on, but not limited to, the following criteria: 1. Size of woodlot tree. 2. Species, health and attractiveness of the trees including: a. Sensitivity to disease b. Life span c. Nuisance characteristics d. Sensitivity to grading o 3 o o o 3. Potential for transplanting. 4. Need for thinning of woodlot. 5. Effect on the functioning of a development. B. Tree Protection Plan Lana DiGturBanoo Permit. 1. Sketch plan shall show large stands of significant trees. 2. A Tree Protection Plan shall be submitted with the following: a. Preliminary plat for the subdivision of property. b. other permit drawings as a part of the Building Permit process. c. Commercial Site Plans, either as a separate drawing or as part of the Grading, Drainage and Erosion Control Plan Lanaseape Plan. 3. The Tree Protection Plan shall include the following information: a. Definition of spatial limits: (1) Limits of land disturbance, clearing, grading and trenching (2) Tree protection zones (3) Specimen trees or stands of trees b. Detail drawings of tree protection measures (where applicable): (1) Protective tree fencing (2) Tree protection signs c. Drawings indicating location of various applieable utilities: (1) City water or well (2) City sewer or septic system (3) Electricity (4) Gas (5) Cable TV (6) Telephone 4. These plans shall be reviewed by the City Forester NRT or their designeefTree Inspector for conformance with the Tree Preservation Policy, in conjunction with City Code 4-3 the City Tree Ordinanee No. ~, and will either be approved, or returned for revisions. Request for revisions Reasons for dcmial shall be noted on the Tree Protection Plan or otherwise stated in writing. 5. Issuanee of the Land Disturbanoe Permit is oontingent upon approval of sketch plans for the subdivision of residential property or the Tree Protection Plan for other building permit prooosses or oommeroial site pIaA!r. 4 6. A fee established by Council resolution shall be charged for plan review 0 for building permits. Any cost incurred by the City in reviewing plans for plats and commercial site plans shall be charged to the developer. City staff may submit the plan to a consulting forester for a recommendation, Any costs shall be paid for by the developer or builder. (Res. 105-93, 5- 18-93) 7. All tree protection measures shall be installed prior to any construction activities beginning building construction and inspected by the NRT or their designee City Fen3cterfTree InGpector. 8. The NRT or their designee City FerasterfTrae Incpector will conduct follow-up site inspections for enforcement of the Tree Preservation Policy in conjunction with City Code 4-3 the City Tree Ordinanoe No. 211. 9. If any significant tree in development or building site: · Is cut and removed, the City shall require planting of two (2) new trees. . Is damaged and determined by the City that it will probably not survive, it shall be removed and the City shall require the planting of two (2) new trees. · Has mechanical damage, the City may require planting of two (2) new trees. · Has had its root system damaged or the area within the tree's dripline has been encroached upon by grading equipment without City 0 authorization, the City sRaU may require planting of two (2) new trees,---ffi addition, if the City determinec that a damaged tree 'NiII probably not curvive, it shall be removed by the developer. a. Any trees required to be planted shall be varied in species, shall maximize the use of species native to the area, sRaU should not include any species under disease epidemic and shall be hardy under local conditions. Trees shall be at .leastoneU and three-fourths inches (1 %") tvlO and one half (2 %) in diameter for deciduous trees and six feet (6') eight (g') tall for, coniferous trees per nursery standard measurements. b. Any trees required to be planted shall be replaced if they die or appear to be dying within one (1) year of planting by the person responsible for the planting. c. Before any building construction takes place, fencing as required in Section VI(B) WfB} of this Policy shall be placed around the borders of woodlots' of the driplilies of significant trees to be preserved. Signs shall be placed along this fence line prohibiting grading beyond the fence line. d. The developer/contractor shall escrow 150% of the estimated project cost of tree replacement when tree conditions do not allow the trees to 0 be planted at the time of the development or construction. 5 o o o C. Conditional Special Use Permit DO'lelopment Considerations. Any proposed density increase must save significant or specimen trees. The City Council may require a Conditional Speoial Use Permit. Conditions to Conditional Use Permits will be, applied where determined necessary by the preliminary review. These conditions may be either general or specific in nature, and will reflect the standards of provisions of the Tree Preservation Policy in conjunction with City Code 4-3. 1. The NRT or their designee City Forester will conduct a preliminary review of all Conditional SJ:lecial Use Permit applications. 2, A field review of select cases will occur .:maer the follo'J.~ng conditions: a. For J:llanneal:Jnit aevelopments ana major development cases. b. Other cases as determinea necessary BY the preliminary re'.'iew. 3. Conaitions to Conditisnal Special Use, PerFFIits 'will be appliea .....here deterFFIined necessary by the proliminary re'/iew, These conditions may either be general, or specific in natl:Jre, mId will reflect the standards or provisions of the Tree Preservation Policy in conjl:Jneticm 'J.~th Cit;' Coae 43 the City Tree Ordinance No. 214. ' 4. The City may reduce the maximum allowed densitY,under Density Zoning or the Planned Unit Development on developments that have significant trees, where such reduction would save all or part of such significant trees. I'.ny ReEll:Jired Significant Troes: The City Council may require the clustering of dwellings in the form of townhouses. quads, apartments or similar uses, where it is necessary to preserve significant trees. 5. Compliance to these conditions will be verified by staff review of the appropriate plans prior to building construction. v. A. Tree protection zones, specimen trees or stands of trees designated to be saved must be protected from the following damages which may occur during all phases of land disturbance and construction processes, Methods of tree protection and disturbance prevention are provided in Section VI W. 1. Direct physical root damage 2. Indirect root damage 3. Trunk and crown disturbance B. Direct physical root damage most frequently occurs during site clearing and grading operations, where transport or feeder roots are cut, torn or removed. 1. Transport and feeder roots tend to tangle and fuse among the roots of adjacent trees. The removal of trees with heavy machinery along the outer periphery of a tree save area cause root damage. 6 2. The most substantial form of root damage for all root types occurs in the form of cut roots. Roots are cut in grade reduction, or from trenching for underground utilities, sanitary sewer or storm sewer lines. ~ '-' 3. A more subtle type of root damage is the loss of feeder roots. Feeder roots normally occur within the organic layer and the surface four (4") inches of top soil, subsequently, these roots can be easily damaged by the track action from a single bulldozer pass. The stripping of top soil within a tree's critical root zone can totally eliminate its feeder root system. C. Indirect root damage through site modification can result from positive grade changes, temporary storage of fill material, the sedimentation of erosion materials, soil compaction and soil chemical changes. 1. Positive grade changes from fill and sedimentation causes a decrease in soil oxygen levels. An increase in soil carbon dioxide and other toxic gasses can also occur, leading to large areas of anaerobic conditions. Anaerobic soil conditions cause a decrease in the root respiration process which is essential for the uptake and transport of minerals and nutrients. 2. Anaerobic soil conditions are also produced by soil compaction, the increase in soil bulk density with a decrease in soil pore space. Compacted soil is also impervious to root penetration and this inhibits root development. Soil compaction is generally caused by the weight and vibrations of heavy machinery, vehicle parking and the storage of fill and/or construction materials within the critical root zones of trees. c 3. Changes in soil chemistry will adversely affect tree survival. The most frequent occurrence is the change (decrease) in soil acidity by concrete washout. Most trees native to Anoka County area prefer slightly acidic soils; spillage of toxic materials such as fuels or paints can be fatal for trees. D. Trunk and crown disturbances are generally mechanical in nature and are either caused directly by clearing and grading machinery or indirectly by debris being cleared and falling into trees marked for protection. 1. Common forms of damage include stripped bark and cambium, split trunks and broken limbs. 2. Damage also occurs from the posting of signs such as building permits or survey markers on trees. 3. Indirect damage can be caused by the placement of burn holes or debris fires too close to trees. The possible range of damages include scorched trunks with some cambial dieback, the loss of foliage due to evaporative heat stress (leaf desiccation) and completely burned trunks and crowns. o VI. 7 o A. Plannina and Considerations. Tree space is the most critical factor in tree protection throughout the development process. The root system of trees can easily extend beyond the dripline of the tree canopy (Figure 3). The root system within the dripline region is generally considered to be the critical root zone. Disturbance within this zone can directly affect a tree's chances. With reference to root zones, the following standards shall apply: 1. The use of tree save islands and stands is encouraged rather than the protection of individual (non sposimen) trees scattered throughout a site. This will facilitate ease in overall site organization as related to tree protection. 2. The protective zone of significant specimen trees or stands of trees or otherwise designated tree save areas shall include no less than the total area beneath the tree(s) canopy as defined by the farthest canopy dripline of the tree(s). In some instances, theNRT or their designee Gity For-ostcr may require a protective zone in excess of the area defined by the tree's dripline. 3. Layout of the project site utility and grading plans shall accommodate the required tree protection zones. Utilities must be placed along corridors between tree protective zones. o 4. Construction site activities such as parking, material storage, concrete washout, hole placement, etc., shall be arranged so as to prevent disturbances within tree protective zones. 5. No disturbance shall occur within the protective zone of the specimen trees or stands of trees without prior approval by the NRT or their designee City For-ester. B. Protective Barriers. 1. Active protective tree fencing shall be installed along the outer edge of and completely surrounding the critical root zones of all significant speClimen trees or stands of trees, or otherwise designated tree protective zones, prior to any building construction. 2. These fences will be a minimum four feet (4') high. Four feet (4') orange polyethelyne laminar safety or snow fencing is acceptable (Figure 2). Additional specifications include: o a. The stakes used to hold up fencing shall be a minimum of four and one half feet (4 W) tall. b. They shall be kept no farther than ten feet (10') a part from one another. c. The fence shall be adequately secured. to the stakes. d. Fencing shall be required for trees to be saved that are within fifty feet (50'). of the construction zone, unless exceptions are made by the NRT or their designee. 3. Orange silt/tree fence with wood stakes is acceptable for tree 8 protection under certain conditions (i.e. an entire development). o 2. Passive forms of tree protection may be utilized to delineate tree save areas, which are beyond fifty feet (50') from the construction zone remote from aroGs of land disturbanse. These areas must be completely surrounded with continuous rope or flagging (heavy mil - minimum four (4') inches wide). All passive tree protection must be accompanied by "Keep Ouf or "Tree Save" signage (Figure 5). 3. All tree protection zones should be designated as such with "Tree Save Area" signs posted visibly on all sides of the fenced area. These signs are intended to inform subcontractors of the tree protection process. Signs requesting subcontractor cooperation and compliance with tree protection standards are recommended for site entrances. 4. All tree fencing barriers must be installed prior to and maintained throughout building construction and should not be removed until completion of construction and until landscaping is installed. C. Encroachment. Most trees can tolerate only a small percentage of critical root zone loss. If encroachment is anticipated within the critical root zones of specimen trees, stands of trees, or otherwise designated tree protection zones, the following preventive measures shall be employed: 1. Clearina Activities: Roots, often fuse and tangle amongst trees. The removal of trees adjacent to tree save areas can cause inadvertent damage to the protected trees. Wherever possible, it is advisable to cut minimum two (2') foot trenches (e.g., with a "ditch-witch") along the limits of land disturbances, so as to cut, rather than tear, roots. Directionally felling trees outward into disturbance areas and grinding stumps is also acceptable. o 2. It is very strongly suggested that all clearing in oak stands be done before April May 1st and after July 1st of each season. This will help prevent oak wilt, which could infect damaged trees, especially during this high-risk period. This will help to keep the inas'lertent wounding of troos with tho oonoeql;Jential sproad of oak wilt. If clearing has to be done at this time, all stumps and wounded trees shall have the wound area painted thoroughly with a tree paint. To be effective, the painting shall be performed within an hour tho same say of cutting, Should oak wilt get started as a result of construction during tho months of May and June, then the developer/builder shall pay for all additional oak wilt control measures needed to control the disease. This is in accordance with City Code 4-3 the City Tree Ordinanse 214. 3. Where the NRT or their designee City ForosterfTroo Inspoctor has determined that irreparable damage has occurred to trees within tree protective zones, they must be removed and replaced by the developer/builder as defined in Section IV(B)9. o 9 o TREE PRESERVATION POLICY CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA APPENDIX A TECHNICAL TERMS: Cambium - tissue within the woody portion of trees and shrubs which gives rise to the woody water and nutrient conducting system, and the energy substrate transport system in trees. Cambial Dieback - the irreparable radial or vertical interruption of a tree's cambius, usually caused by mechanical damage, such as "skinning bark", or from excessive heat. o Coniferous - belonging to the group of cone bearing evergreen trees or shrubs. Critical Root Zone - the rooting area of a tree established to limit root disturbances. This zone is generally defined as a circle with a radium radius extending from a tree's trunk to a point no less than the furthest crown dripline. Disturbances within this zone will directly affect a tree's chance for survival. Deciduous - not persistent; the shedding of leaves annually. Feeder Roots -a complex system of small annual roots growing outward and predominantly upward from the system of "transport roots". These roots branch four or more times to form fans or mats of thousands of fine, short, non-woody tips~ Many of these small roots and their multiple tops are 0.2 to 1 mm or less in diameter, and less than 1 to 2 mm long. These roots constitute the major fraction of a tree's root system surface area, and are the primary sites of absorption of water and nutrients. Maior Woody Roots - first order tree roots originating at the "root collar" and growing horizontally in the soil to a distance of between three (3) and fifteen (15) feet from the tree's trunk. These roots branch and decrease in diameter to give rise to "rope roots". The primary function of major woody roots include anchorage, structural support, the storage of food reserves, and the transport of minerals and nutrients, o Root Collar - the point of attachment of major woody roots to the tree trunk, usually at .or near the ground line and associated with a marked swelling of the tree trunk. Root Respiration - an active process occurring throughout the feeder root system of trees, and involving the consumption of oxygen and sugars with the release of energy 10 and carbon dioxide. Root respiration facilitates the uptake and transport of minerals and 0 nutrients essential for tree survival. Rope Roots - an extensive network or woody second order roots arising from major woody roots, occurring within the surface 12 to 18 inches of local soils, and with an average size ranging from ,25 to 1 inch in diameter, The primary function of rope roots is the transport of water and nutrients, and the storage of food reserves. Soil Compaction - a change in soil physical properties which includes an increase in soil weight per unit volume, and a decrease in soil pore space. Soil compaction is caused by repeated vibrations, frequent traffic and weight. As related tree roots, compacted soil can cause physical root damage, a decrease in soil oxygen levels with an increase in toxic gasses, and can be impervious to new root development. Transport Roots - the system for framework of tree roots comprised of major woody roots and rope roots. TREE PRESERVATION POLICY CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA APPENDIX B 1. A tree's ability for adequate root development, and ultimately its chances for survival, is improved with reclamation of the growing site. o a. Whenever possible, the soil should be brought back to its natural grade. Unnecessary fill, erosion sedimentation, concrete washout and construction debris shall should be removed. When machinery is required for site improvements, it is recommended that a "bobcat" or similar light weight rubber tire vehicle be used so as to minimize soil compaction. TREE PRESERVATION POLICY CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA APPENDIX C CHECKLIST FOR TREE PROTECTION PLAN: Contact the City of Andover Engineering Forestry Department (Public Works Department) at (763) 7558118 755-5100 for a site inspection upon completion of landscape installation. 1. Tree Protection Plans. o 11 o a. Provisions for tree protection on the site shall be, as minimum, in conformance with the requirements of the City of Andover Tree Preservation Policy in conjunction with City Code 4-3 tho City Troo Ordinanoo No. 211. b. A Tree Protection Plan shall be submitted either as part of the Grading, Drainage and Erosion Control Plan Landsoape Pial'!, Preliminary Plat or as a separate drawing to include the following: (1) All tree protection zones. (2) Approximate location of all significant speoimen trees or stands of trees. (3) Approximate location of all significant speoimen trees when their preservation is questionable, or might result in a change of the site design. (4) Indicate those significant speoimen trees to be removed. Removal of significant speoimen trees ,is subject to NRTor their designee Gity Forester approval. (5) Limits of clearing and land disturbance such as grading, trenching, etc. where these disturbances may affect tree protection zones. (6) Proposed location of underground utilities. (7) Methods of tree protection shall be indicated for all tree protection zones. aeration sYstems, otaking, oignage, oto. (8) The plan should indicate staging areas for parking and material storage oonorete washout, and debris burn and buri:11 holes '.r:here these areas mi!Jht affect tree protection. o c. The following notes shall be indicated on both Tree Protection Plans and Grading Plans in large letters: (1) Contact the City Engineering Foreotry Department (Publio Works Department) at (763) 7558118755-5100 to arrange a pre-construction conference with the NRT or their designee City FOFOsterffree Inopootor prior to any land disturbance. (2) All tree protection measures shall be installed prior to building construction. o 12 o o o ....~~ ....-:...- ::---.' .~ - ~f.;~2r;:~ _ ~ ,,-.......'.~--~::... .. ~: ~;;:_.- ~:':::-~r: '~'" ~~~~. 'S..--:..~ ~ =..::-",::,:. . 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TRE~ FENC [NG ACTrvE PROT~~T[VE .' f-iiI'lU'\V,\ ., / r::::.WT ;'lLL!... :-L."~J Lt.., L.:;"'U.. L::IIC:Hi\\J 1..'('1 !:i-{!GriI E.~U;'(''''-\JN.J ,~ TREE PROTECTION AREA 6 . . CAUTION 00 NOTENTER < " " " , CONTINJ:US .. o - T - I~I .. ,- ?AS:srVEPRQTE':7lCN WITH ReO: AND S!~ FT8~3 PASSIVE F~,Jlt:CTIm CEfAIL ... .. o , . o o o }' '-::.. ~ "o;o-~~ / " ~ ..-'" -~? ~ ~..- .'-. -. ...=-~ " ~ " ~ -~)- ~ ~- ~ r ~~ ' _~~"""~....~~::;! ~ r I" .,:rc ~~~~-"\,. .~ ~~c ..,....~ ~=c::=- ... ~ --~~~"'"~~f FILL {__ ~---.~-~ . .1'<.-, " 2:1 SLOPE ;;;.- . -.. J""O-. '--/ I I ~ ,.,....... ,~-:! -~'l ~ ~ .--.. . - <.~, r ~"f ~~ ~~' _v- ,-. r;; & .'-:~ I ! ~ ~ / ! . ~ DESrRSe GRADE ~ f _.Y.' I !: . ;: ", .--- "_d ~"-..:i:- ~ -v r s- t "G G"'AD- ?^=!. :~ -=-- oR' t:.'. I" "" c; . ""_....::.. ~,.:;::. , ~ ( .~.....,.......,.~~lIr-.- ..~~ r~!:"" ~~ - I --,:)OACIA'G -OR ~ _____ I :::..... " r ,..-- I GRADE. CHANGeS " " SLOPE .# ..4' .4-""'" ~71. g:-~ ~ .,. 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(763) 755-5100 FAX (763) 755-8923 .,WWW.CI.ANDOVER,MN,US TO: Mayor and Council Members FROM: John Erar, City Administrator SUBJECT: Discuss Strategic Analysis of Long-Term Resource Needs (Council Goal) DATE: February 24,2004 INTRODUCTION At the 2003-04 Council Goal-Setting session, it was determined that a "strategic analysis of long-term resource needs, service delivery requirements and facility space/equipment requirements affecting police, fire and general government services" be conducted for long-term organizational planning needs. The Council rated this goal as medium priority. DISCUSSION Over the course of the last 10 months since this goal was articulated by the Council, City staff has reacted to a number of organizational management and service reduction issues associated with severe budget cuts in 2003 and 2004. In addition, while City staffing levels have been reduced, workload levels have increased significantly due to several high-profile projects and initiatives including the Water Treatment Plant, the planning/design/bidding of Fire Station No. 3, designation of the rural reserve and planning/design/financing and negotiations on the Andover-YMCA Community Center. Consequently, very little time has been available for departments to conduct a comprehensive self-evaluation of the City's future long-term resource needs. Recently, the City's management team met to discuss this goal and possible approaches to achieve an appropriate and credible outcome. In review, this type of strategic evaluation, if performed internally, has the potential for creating a number of undesirable perceptions and reactions to staff generated recommendations. A common reaction to "internally" generated organizational recommendations associated with long-term resource needs tend to be perceived as self-serving, power-base building and/or simply excessive or unnecessary by outside parties. Moreover, city staff does not generally possess the type of expertise to conduct a credible long-term management/resource needs assessment, nor the staff time to prepare a thoroughly objective review of internal operations. In such cases, the results tend to be skewed, lack an objective analysis or disputed simply on the basis that the results were not professionally evaluated by an outside source or that policy considerations or o o o sensitivity prevent staff from fully exploring the long-term implications of service delivery scenanos. Staff would like to avoid these types of inherent conflicts, and would recommend that any such analysis be conducted by an outside management consultant. The benefits of outsourcing this type of evaluation are varied, but generally relate to the independence of the consultant to make recommendations on the basis of an objective review of the organization and related community needs. This type of process would allow a qualified consultant to evaluate the needs of the organization objectively and independently, and allow for a credible and confidential environment for Council and staff to express their views on the organization and related needs. In cities and agencies where an outside review is conducted of long-term needs, the results tend to be viewed as credible and valid to the extent that they speak to the perceived needs of the organization and capacity to provide services in an efficient, high quality and cost-effective manner. BUDGET IMPACT In order to assemble some idea of cost for an outside consultant and related process considerations, staff met with representatives from Sprinsted Incorporated. Should Council support this recommendation, Springsted representatives would be willing to prepare a proposal outlining scope and work activities, including their credentials, to be presented directly to Council at a future workshop. Springsted Incorporated has a national reputation in preparing these types of studies for cities, counties, the state of Minnesota, and special governmental agencies. ACTION REOUlRED For discussion and direction on achieving this Council Goal. Cc: o o c 0J 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW,CI.ANDOVER,MN,US TO: CC: Mayor and Council Members John Erar, City Administrator David D. Berkowitz, City Engineer~ Todd J. Haas, Asst. City Engineer Discuss Statutory Changes to Establishing Local Speed Limits in Rural Areas of a City - Engineering FROM: SUBJECT: DATE: February 24,2004 INTRODUCTION This item is in regard to requesting the City Council to consider forwarding legislation to the City of Andover's State Representatives and State Senator to revise Minnesota Statute 169.14 subd. 2 clause 1 and 7 (c) to also allow cities to establish 30 MPH in 2.5 acre development areas. Currently the law only applies to townships. DISCUSSION Attached for review is the current statute. If the City Council recalls, there has been some interest to request a revision to the state statute. If the Council is interested, a motion should be made to forward a letter (signed by the Mayor) to the Andover State Representatives and Senator so legislation can be introduced before their session ends. ACTION REOUESTED The City Council is requested to consider recommending a revision to the existing state statute to allow all cities (or at least in the 7 county metro area) to establish 30 MPH zones in 2.5 acre developments and forward a letter to the State Representatives (Tingelstad/DeLaForest) and Senator (Johnson) with this request. Respectfully submitted, ~~ t/ Attachment: Rural Residential District Statute URBAN DISTRICT MS 169.01 subd. 59 Urban district means the territory contiguous to and including any stteet which is built up with structures devoted to business, industry, or dwelling houses situated at intervals of less than 100 feet for a distance of a quarter of a mile or more. Origin was the National Vehicle Code, with the intent of establishing a uniform speed of30 MPH on easily identifiable urban streets. Whether spacing is on one side, both sides or alternating sides is left up to interpretation of city attorney. MS 169.14 subd. 5b allows the governing body to override a commissioner speed authorization and by resolution declare 30 MPH as the appropriate speed in an urban district, on any city street - municipal state aid street or town road. RESIDENTIAL ROADWAY MS 169.01 subd. 81 Residential roadway means a street or portion of a street that is less than one-quarter mile in length and is functionally classified as a local street by the road authority having jurisdiction. Ms169.14 subd.2 clause 7 25 miles per hour in residential roadways if adopted by the road authority having jurisdiction over the residential roadway. (b) A speed limit adopted under clause 7 is O not effective unless the road authority has erected signs designating the 'speed limit and indicating the beginning and end of the residential roadway on which the speed limit applies. Origin was a special interest group in 1995. Our interpretation is that it is not ethical to string sections together especially due to confusing sign posting that would result. Typical implementation would be townhouse development with cul-de-sacs. Commissioner's authorization would override. Any road authority can establish and no density requirements required. RURAL RESIDENTIAL DISTRICT Mrt69.14 subd. 2 clause 1 and 7 (c) (1) 30 miles per hour in an urban district or on a town road in a rural residential district; - clause 7 ( c) - For the purposes of this subdivision, " rural residential district" means the territory contiguous to and including any town road within a subdivision or plat of land that is built up with dwelling houses at intervals of less than 300 feet for a distance of one- quarter mile or more. Effective August 1, 1999 meant to allow only townships, to establish 30 MPH zones in 2.5 acre estate type developed areas. Due to length of set backs of homes on estate lots, it is extremeiy difficult for drivers to recognize. Alternate spacing with long setbacks is impossible to recognize. No businesses allowed-homes only and many townships require 300 ft minimum frontage for subdividing. Signing is optional. Commissioner authorization overrides. Town road definition MS 160.02 subd. 6. o o ) l \ , .0 o o o (!) 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW,CLANDOVER,MN,US TO: Mayor and Council Members John Erar, City Administrator~ David D. Berkowitz, City En;kee~~ CC: FROM: Todd J. Haas, Asst. City Engineer SUBJECT: Stop Sign Policy - Engineering DATE: February 24, 2004 INTRODUCTION This item is in regard to discussing a stop sign policy and how the City Council would like to deal with existing unwarranted stop signs that do not meet Chapter 2B.l of the Minnesota Manual on Uniform Traffic Control Devices (MMUTCD). DISCUSSION The City Engineer met with the Public Works Committee this past January 2004 to discuss possible unwarranted stop signs and what Public Works is currently doing as to updating traffic signs throughout the City (per zone) to ensure the signs are in the proper location, signs meet reflectivity standards, installing new signs as needed under accordance of the MMUTCD. In reviewing each of the zones, there are a number of locations throughout the City. where the City Council authorized installation of stop signs over the years that do not or may not meet stop sign guidelines. In the past these stop signs were installed due to neighborhood requests. Attached for your review are City Council meeting minutes from January 18, 1994 as to the City Attorney's opinion regarding the State Statute and the authority to place stop signs when the conditions meet certain criteria listed in the MMUTCD. Staff is requesting that when each zone is evaluated and updated, if there are any three-way or four- way stops signs identified by the City Engineer that do not meet the requirements of the MMUTCD, these locations be forwarded to the City Council for authorization to conducted a warrant study. Currently Zones 1, 2 & 7 are recommended to be evaluated to determine the three or four-way stop signs and brought forward to the City Council for authorization to begin the studies. o o o Mayor and Council Members February 24, 2004 Page 20f2 Note: Just so the Council is aware, there will be a few three or four-way stop sign locations throughout the City that do meet one of the conditions in Chapter 2B.5 that will not be required to be studied or removed. As the studies are completed, the City Engineer would hold informational meeting with the neighborhoods within 300 feet of the intersection to discuss the results and the actions the City Council may take to bring the intersection in compliance (if necessary) to the MMUTCD. ACTION REQUESTED The City Council is requested to authorize the City Engineer to identify those stop sign locations in Zone 1, 2 & 7 and forward these to the City Council so the studies can be authorized. Respectfully submitted, ;::rL~ Attachments: Chapter 2B. Regulatory Signs & January 18, 1994 City Council Minutes Chapter 2B. Regulatory Signs o 2B.l Application of Regulatory Signs latory signs shall be used to inform road users of d traffic laws or regulations and indicate the ap ica- the legal requirements, Re ory signs shall be installed at or near regulation apply. The signs shall clearly i icate the requiremen imposed by the regulations d shall be designed an installed to provide adequate isibility and legibility in or r to obtain compliance. [zed size may be used for t special appli- Regulatory SI s shall be retroreflectiv or illuminated to at require increased emphasis, improved show the same ape and similar colo by both day and 1tion, or increased legibility. night, unless sp ifically stated ot rwise in the text.... 2B 4 STOP Sign (Rl-l) discussion of a part ular sign or grou of signs (see Section -, . 2A.8), STOP il mination shall not be eet, highway, or strobe considered lighting, -~ ~ ALL WAY 2B.2 o R1-1 750 x 750 mm 30" x 30" R1.3 300 x 150mm 12" x 6" R1-4 450 x 150 mm 18" x 6" are ectangular, with the longer and colors of regulatory and 2A-4, respectively. D-~~rl~w1I When a sign is used to indicate that traffic is always required to stop, a STOP (RI-I) sign shall be used. The STOP sign shall be an octagon with a white legend and border on a red background, Secondary legends shall not be used on STOP sign faces. If appropriate, a supplemental plaque (RI-3 or RI-4) shall be used to display a secondary legend, Such plaques shall have a white legend and border on a red background, If the number of approach legs controlled by STOP signs at an intersection is three or more, the numeral on the supplemental plaque, if used, shall' correspond to the actual number oflegs controlled by STOP signs, 2B.3 The sizes for regulatory signs shall be as shown in Appendix C at the back of this Manual. 1 Available from Minnesota Department of Transportation, Office of Systems and Support Services, Map & Manual Sales Unit, see page ii. 2 Available from the Government Printing Office, see page ii. o 2B-l December, 2001 o At intersections where all approaches are controlled by STOP signs (see Section 2B,7), a supplemental plaque (RI-3 or RI-4) shall be mounted below each STOP sign, I OPTION: I The ALL WAY (RI-4) supplemental plaque may be used instead of the 4-WAY (RI-3) supplemental plaque, I SUPPORT: I The design and application of Stop Beacons are described in Section 4KS, 2B.4.1 CROSS TRAFFIC DOES NOT STOP Plaque (RI-X2) CROSS TRAFFIC . . DOES NOT STOP R1-X2 600 x 450 mm 24" x 18" o I OPTION: I The CROSS TRAFFIC DOES NOT STOP sign may be used at intersections where geometric, topographic or other conditions exist and motorists approaching a STOP sign may expect cross traffic to stop, When used, it shall be installed on the same structure as the STOP sign beneath all other supplemental plaques, ID!II!l!I Its use shall be limited to those intersections where an engineering and traffic investigation indicate a need, ~ 2B.5 STOP Sign Applications IGUlDANCl<:1 STOP signs should not be used unless engineering judgment indicates that one or more of the following conditions exist: ' o A. Intersection of a less important road with a main road where application of the normal right-of-way rule would not be expected to provide reasonably safe operation; B. Street entering a through highway or street; , C. Unsignalized intersection in a signalized area; and/or D, High speeds, restricted view, or crash records that indicate a need for control by the STOP sign. ID!II!l!I Because the potential for conflicting commands could create driver confusion, STOP signs shall not be installed at December, 2001 intersections where traffic control signals are installed and operating, Portable or part-time STOP signs shall not be used except for emergency and temporary traffic control zone purposes, I GUIDANCE: I STOP signs should not be used for speed controL STOP signs should be installed in a manner that minimizes the numbers of yehicles having to stop, At inter- sections where a full stop is not necessary at all times, con- sideration should be given to using less restrictive measures such as YIELD signs (see Section 2B.8). Once the decision has been made to install two-way stop control, the decision regarding the appropriate street to stop should be based on engineering judgment In most cases, the street carrying the lowest volume of traffic should be' stopped, A STOP sign should not be installed on the major street unless justified by a traffic engineering study, I SUPPORT: I The following are considerations that might influence the decision regarding the appropriate street upon which to install a STOP sign where two streets with relatively equal volumes and/or characteristics intersect: A. Stopping the direction that conflicts the most with established pedestrian crossing activity or school walking routes; B. Stopping the direction that has obscured vision, dips, or bumps that already require drivers to use lower operating speeds; C. Stopping the direction that has the longest distance of uninterrupted flow approaching the intersection; and D, Stopping the direction that has the best sight distance to conflicting traffic. The use of the STOP sign at highway-railroad grade crossings is described in Section 8B,7, 2B.6 STOP Sign Placement I!I!IiI!mI The STOP sign shall be installed on the correct side of the traffic lane to which it applies, When the STOP sign is installed at this required location and the sign visibility is restricted, a Stop Ahead sign (see Section 2C.26) shall be installed in advance of the STOP sign, The STOP sign shall be located as close as practical to the intersection it regulates, while optimizing its visibility to the road user it is intended to regulate, STOP signs and YIELD signs shall not be mounted on the same post 2B-2 <!fT Regular O Minutes Page 5 Andover City Council Meting - January )8, 1994 SOLID WASTE MANAGEMENT CHARGE DISCUSSION/COUNTY REPRESENTATIVE Elli of c adop wast stat hau $31 Man fed r s as mo re i tt Perovich, Anoka County, reviewed the new program for the funding ts related to the solid waste management programs. The county h s e a reduction in the "tipping fee" to haulers who bring t ~r to e Elk River facility to make it cost competitive with -of- land . lls . This should then be offset by a reduct' in the rs' char to their customers, that reduction estima to be about er year. addition, the county will be im os' a Solid Waste ement fee to ke up for the loss in re n resulting from a ral court ruling. hat fee will appear a ecial assessment for dential and non-res I ntial categori sidential units will be ssed $36.09 per singl amily un' .87 assessed per pad for ile homes, and $23.46 ass sed artment unit per year. Non- idential categories will be a s based on the market value of the rovement of the property, no the land. e Council questioned the . or the Solid Waste Management e based on market v of the imp ement in non-residential ategories. Mr. Perov.. expected there wil e a change in the method f assessment for th n-residential units, as ~ market value concept as the best appro they could devise in the time otted. An appeal process is inpl e to rectify any injustices that'may ur'in the non~ gory. Mr. Pero. also reviewed a chart showing the waste stream from t t, with 83 percent of it turned, into fuel for United, ion and only 11.6 percent sent eventually into a landfill. The ~l discussed several aspects of the proposal with Mr. Perovich, thanked him for his presentation. STOP SIGN WARRANTS, CONTINUED In reviewing the Statutes, Attorney Hawkins felt the City has the authority to place stop signs on the highways under its jurisdiction in locations deemed necessary when the conditions meet certain criteria listed in the Statutes. He felt if there are stop signs in the City located where not recommended by the traffic code, the City may be looking at some exposure for liability and they should probably be removed. He also felt the City has enough leeway to retain stop signs where there are dangerous situations, but they cannot be used to control traffic. Mr. Hawkins clarified that no study is needed to install stop signs, but they must meet the warrants or criteria set out in the Code. The Council discussed the location of several signs and raised a concern of the intersection at Bunker Lake Boulevard and Crooked Lake Boulevard mentioned by Mr. Orttel during the Resident Forum this evening. Mr. Haas stated he would like to review the county's plans for the upgrading of Bunker Lake Boulevard and their time line for that project. Council suggest d this be reviewed by the Road Committee; then they discussed it further later in the meeting (See Page 7 of these Minutes). _,r.. //..J''' ~ o o ." " 1.~ .~ ?,'...... " .....--; " .t,;;;..:_" \ '~ , I r \~ \. 1 ! , \ " o _ 'Regular O Minutes Page 6 Andover City Council Meeting - January 18, 1994 (Stop Sign Warrants, Continued) Mr. Haas stated he is in the process of plotting stop sign locations on a city map. He felt there may be at least a dozen stop signs that should be removed because they do not meet warrants, and he will bring that information back to the Road Committee for their review and irection. Council agreed. APPOINT CHAIRS/PLANNING COMMISSION AND PARK BOARD, CONTINUED or McKelvey stated no one from the Planning Commission volunteered fo the position, so he recommended Jay Squires as Chai erson and Mayna Apel as Acting Chair. He also recommended Darr DeLarco as Chairp son of the Park and Recreation Commission and m Anderson as Acting C ire During the Council discussion, conce was raised over the short me Commissioner Squires has served, th gh they recognized his ability nd experience in Coon Rapids. Ther was also a question about whether ommissioner Peek would accept t position and the time factor that wou d affect some of the others. MOTION by Jacobson, that Rand P k serve as the Chair for the Planning and Zoning Commission for one- ear time period, and Maynard Apel as Acting Chairperson, to se e in t t capacity when the Chairperson is not present. Motion dies or lack 0 a Second. Darrel DeLarco as hairperson for the Park and a 4-Yes, I-Absent (Perry) o MOTION by Jacobso Seconded by Dalien, Chairperson and Tom Anderson as Acting Recreation Commission Motion carrie vot . MOTION by McKelvey that or the Squires as Chairperson and dies for lack of a Second. lanning Commission to appoint Jay Apel as Acting Chairperson. Motion MOTION by Dalien, Seco ded by Knight, at Jay Squires be appointed as Chairperson and Rand Peek as Acting Ch 'r to the Planning and zoning Comm~ssion. Motion carried on a 4-Yes, 1 sent (Perry) vote. DISCUSSION o Mr. Sulander eviewed the request from Public Wor~ to purchase $137,000 worth of eq pment essential to the operations of e various functions within the ublic Works Department. Funding would be ith certificates. A 1989 ce tificate will expire in 1994, and this one n be structured so the rst principal payment will be due in 1995. MOTIO by Jacobson, Second d by Dalien, that we authorize C Staff and th torn y to prepar the necessary documents for bond issue for the items list d as Item No. 5 on our Agenda tonight, and come back to the Council with the bids. Motion carried on a 4-Yes, I-Absent (P rry) vote. o UNIFORM TRAFFIC CONTROL DEVICES MANUAL ORDER NO. 86252 WHEREAS, the United States of Department of Transportation, Federal Highway Administration (FHWA) has adopted and published a Manual on Uniform Traffic Control Devices, dated January 17, 2001) (herein referred to as the Federal MUTCD) including Revision NO.1 (Change List, dated December 28, 2001), and Errata NO.1 (dated June 14, 2001 ). WHEREAS, this Federal MUTCD has been approved by the Federal Highway Administrator as the National Standard for all highways open to public travel in accordance with Title 23, U,S.C. Sections 109(d), 315 and 402, and 49 C.ER. Section 1.48; and WHEREAS, the Minnesota Department ofTransportation has am mended the Federal MUTCD by adding Appendices and revising or adding text and figures to make provisions for Minnesota Statutes and department procedures; and NOW, THEREFORE, pursuant to authority vested in my office and as provided in Minnesota Statutes, Section 169.06, subd. 1 (2000), I do hereby adopt and prescribe the following as the 2001 Minnesota Manual on Uniform Traffic Control Devices (referred to as the "2001 MN o MUTCD"): I. United States Department of Transportation, Federal Highway Administration Manual on Uniform Traffic Control Devices, 2001 edition (dated January 17, 2001), including Revision NO.1 (Change List, dated December 28,2001), and Errata NO.1 (dated June 14, 2001), II. Minnesota Department of Transportation Appendices: A. APPENDIX A 1 - Congressional Legislation B. APPENDIX A2 - Phase-in Compliance Periods C. APPENDIX B - Warrants, Standards, and Guidelines for traffic Control Devices used at Senior Citizen and Handicapped Pedestrian Crossings D. APPENDIX C - Sign Listings & Recommended Sizes o III. State of Minnesota, Department of Transportation, additional sections, revisions, and corrections to the 2001 Federal MUTCD. o o It is further ordered that the provisions of the 2001 MN MUTCD shall be implemented and applied to all traffic control devices installed on or after July 1, 2002 upon highways within this State except for pavement markings which shall be in compliance as of the first application after January 1,2003 and except for those traffic control devices which conform to the 1991 edition of the MN MUTCD and are on order or under contract prior to July 1, 2002. All existing traffic control devices or installations not in conformance with standards in the 2001 MN MUTCD shall be changes to conform to the new standards herein when replacement occurs. This Order superscedes Order No, 77588, dated October 3, 1991, which adopted and prescribed the 1991 Minnesota Manual on Uniform Traffic Control Devices for Streets and Highways. Dated at St. Paul, Minnesota, this 15th day of April, 2002. (i) o 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW,CLANDOVER,MN,US TO: Mayor and Council Members CC: John Erar, City Administrato~ FROM: David D. Berkowitz, City Engineer SUBJECT: Discuss Round Lake Boulevard NW & South Coon Creek Intersection _ Engineering DATE: February 24,2004 INTRODUCTION This item is in regard to the intersection reconstruction of Round Lake Boulevard NW and South Coon Creek NW. Ken & Donna Posterick have brought to staffs attention that in 1984 the west side of South Coon Creek NW was constructed toward the north side of the right-of-way to allow for additional setback from their house to the roadway. o DISCUSSION As part of the reconstruction of Round Lake Boulevard NW, a right turn lane has been proposed to be constructed on South Coon Creek NW due to the increase in future traffic volwnes. By constructing the turn lane, the roadway would shift approximately 9 feet to the south moving the roadway within 30 feet of the Posterick's front door. Back in 1984 the Postericks purchased additional right-of-way for the City on the north side of South Coon Creek Drive NW to allow the road to be constructed on the new north right-of-way line. The City agreed to do this to allow additional setback from the Posterick house to the road. The existing right-of-way was not adjusted. A letter and information has been provided by the Postericks. Also included are meeting minutes from discussing this issue back in 1984. The plan will be presented at the meeting for discussion. ACTION REOUESTED The City Council is requested to review the information from 1984 and determine if the roadway should remain in its existing location by not constructing a right turn lane or should the project move forward as planned. Respectfully submitted, Q~0.{ David D. 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' _,__,_,___________,____..__ "~_~_u,_ _, ' ____.u.u,_'_______.____'_ l ii=~~==~~-~~== - ~=:_--~_-~=~~=~ ! If, ( ~) .=====-~;;-:~-~~.~~=.:== I! ,~~~?7'-~ r o o o Regular City Council Meeting May 15, 1984 - Minutes Page 8 (AVFD Report, Continued) Firefighter Tim Howe presented the proposal for a substation on 157th and County Road 7. The proposal is for a four-bay unit, one-unit deep located on one acre of land, 45 feet deep by 90 ff'et I,!ide wi th a turn.:.out gear room, meetwg room, two bc1thr.OOfllS, raGiant-type heat with some type of vehicle exhaust system. Th~y ar'e a ISO discussing some ~ype of water s~orage at tne station, thinking the cistern would be the best method. Mayor Windschitl noted Larry Carlson is willing to give fee title to a parcel in that area. Mr. Howe also stated they are looking at alternative financing methods, checking on grant monies and bonding. Discussion noted there is five years left on the bonds for the existing firestation. Mr. Howe stated they would like a Council representative on their committee to research the substation proposal further. Councilman Lachinski vo lunteered to serve on the committee. Discussion was on the proposal to install a hydrant on the Ed Fields property so the Fire Department would be able to pump water from his well. Council and Attorney Hawkins felt that some agreement should be signed by Mr. Fields relative to the City's ability to use the hydrant, who will be responsible for keeping that area clear and plowed, etc. There was also some discussion on whether this hydrant is necessary given its location to existing water supplies. Chief Stone stated he will talk with Mr. Fields about such an agreement prior to Council action on the matter. TEMPORARY MOBILE HOME PERMIT/D. HORST MOTION by Orttel, Seconded by Knight, that we approve a Mobile Home Permit for David Horst on Constance Boulevard, 161st Avenue, subject to it being hooked to proper sewage and water facilities. Motion carried unanimously. REVISED GRADING PLAN - IVYWOOD ESTATES MOTION by Lachinski, Seconded by Knight, that we approve the revised grading plans for Ivywood Estates as per the Engineer's recommendations. DISCUSSION: Mr. Schrantz reviewed the plans and changes made. Council's concern was that the revised plans allow drainage to the properties south of the plat, stating the deve loper must first get permission to drain the water there since it is outside of the plat. It was agreed that the revised grading plan should not be acted upon until that permission is received Councilmen Knight and Lachinski WITHDREW the Second and the Motion. LMC CONFERENCE The Clerk asked that anyone wishing to attend the LMC Conference in Duluth should let her know by May 30. JOINT MEETING WITH PLANNING AND ZONING COMMISSION Because of the length of the P & l Agenda for May 22, it was agreed a special should be scheduled to review the revisions to Ordinance 8. Mayor Windschit1 a motion to have a joint meeting with the P & Z on June 21, 1:30 p.m. MOTION by Knight, Seconded by Ortte1, to so move. Motion carried unanimously. meeting asked for SOUTH COON CREEK DRIVE/ROAD ALIGNMENT ON WEST END r1 - b Mr. Schrantz reviewed his understanding and proposal of the road alignment on the west end of South Coon Creek Drive. On the Christenson property, it will not be necessary to acquire right of way but the road wou ld cane within 5 to 7 feet from the property line. That moves away from the gray house, but it would cut the corner of the Christens o o Regular City Council Meeting May 15, 1984 - Minutes Page 9 (South Coon Creek Drive/Road Alignment on West End, Continued) lot, so that would get possibly as close as 5 feet to the property line on one corner. On the other end, about the third lot back it comes to about one foot on one end and seven feet on the other end, with the road curving somewhat to provide a 30-foot set- back to the house on the south that is closest to the existing roadway. Mayor Windschitl was concerned that cutting into the yard of the second lot from Round Lake Boulevard on the north side could have an adverse affect on the yard. Council discussion was also on whether or not it is a valid argument to move the road to a normal setback for those properties that are now less than the required setback from the road, or in effect increasing someone's property at the expense of the lot across the street. Two such houses are involved in this project. Mr. Schrantz argued that now the City has the opportunity to provide a minimum setback for all properties within the project area. Councilman Lachinski felt that the two parcels would really be benefitting if the road were moved to compensate for the lack of setback and that those individuals should be willing to pay for the additional cost and loss of land to the parcels across the street. After further discussion, the Engineer was directed to assume the City has a 60-foot right of way from the north ~asement line (the remaining six feet would be placed on the south side of the road), and center the road within that 60-foot easement. If it is agreeable to the person on the west end, the road could be moved closer to the north line within that right of way. Or move it further north if the person who is benefitting the most would be willing to compensate for the additional easement needed to move the road further from his house. So basically the center line of the road would be 30 feet south of the north right-of-way line. APPROVAL OF CLAIMS MOTION by Knight, Seconded by Orttel, to pay Claims Checks 7881 through 7917 for a total of $27,158.08. Motion carried unanimously. MOTION by Elling, Seconded by Knight, to adjourn. Motion carried unanimously. Meeting adjourned at 12:20 a.m. Respectfully submitted, \\\~^,. Marc~'1a A. Peach Recording Secretary ,) -\ f<-.:L o o ~ o Mayor and Council June 20, 1984 Page 2 The water systems analysis did provide an incremental cost analysis for the system. The incremental designation on Figure 6 was not clearly defined for beginning and ending of segments and Mr. Davidson indicated that would be corrected and submitted to the Council as an amendment to the plan, and suggested that a work sess i on be he I d with the Ci ty Counc II to determ i ne a defined service district that could relate to specific assessment areas and specific estimated cost. These numbers are available within the report but the assessment area has not been defined until such area of service would be determined. Assessment area and the Council policy should be establ ished for assessing the unit cost together with the area assessment cost. Mr. Davidson recommended that both the connection charges and the area assessment be levied as an assessment to the desginated service area for distribution, production and storage facil ities. Counc i I Act Ion Council set the date of July 17, 1984 for a work session to review the Comprehensive Water Plan'and make recommendation for service area. . They recommended that the Engineer consider a defined area to deal with the wel I advisory conditions of the City for review by the Council. 2. Easement Acquisition Municipal State-Aid Street Systems City Counc i I rec i eved a report f rom the Ci ty Eng ineer and the Ci ty Attorney indicating that easement descriptions for South Coon Creek Drive would be required since the original deeds did not specifically dedicate a public right-of-way across the metes and bounds parcels. The fact that a roadway easement was conveyed by metes and bounds description, in the Attorney's opinion, did not grant the publ ic the right to use that 33 feet as publ ic right-of-way and the publ ic rlght- Of-way is only establ ished by the maintained traveled roadway. As a result of having to relocate the traveled roadway within a right-of- way, it was suggested that a right-of-way be defined by actual easement description and secured as public easement over the parcels. This does affect the sanitary sewer and watermaln extensions to South Coon Creek Drive since the proposed utilIties were to be located on the center I ine of the reallgned roadway. Counc i I Act I on The Council dId not give authority to the Attorney to proceed with condemnat I on proceedi ngs but rather suggested that the Attorney and the CIty Engineer negotiate with the property owners along and adjacent to South Coon Creek Drive. Should particular opposItion to or easement be given freely by the property owners, a special Councl I meeting could be held to deal with the problem. ff4 - 6 Mayor and Council June 20, 1984 o Page 3 There being no further engineering matters, the Engineer was excused at approximately 11:35 p.m. Sincerely yours, TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED JLD:adh o o . ... City Council Meeting 1~84 - Minutes (Public Hearing - South Coon Creek Drive West, Continued) Mrs. Christenson - asked how they can get stop lights at the intersection of South Coon Creek Drlve and Round Lake Boulevard. nr. Schrantz stated it \'iould have to :neet warrants, and the County and City would have to have the ability to pay for them. But he doubted there would be enough traffic to warrant that, feeling there are very few generators in the area to increase the traffic down that road after it is improved. Discussion with Mrs. Christenson and others was on the setbacks and the implementation of the ordinance in 1971. Generally members of the audience felt that the City was at fault for allo~ling those houses on the soutb side to be constructed so close to the road, that a City did a wrong for those people on South Coon Creek Drive. It was felt the City should provide a smaller road because it was the City that made that mistake. Council and staff did not really know what had happened in the past, but the road being proposed is the normal street width. The road would not have to be built to minimum MSA standards, but then the residents would have to pay for the cost of the street. It was Councilman Lachinski's feeling that the property owners in the area have to agreed with the City Engineer with respect to improving the property values and the general looks of the neighborhood. That can be done by either the additional easements donated for the project; or" if the City has to acquire the right of way, it should be assessed back to the benefitted owners, those people on the south side of the road who are now receiving a normal setback where they hadn't had it until now. Mr.Posterich - in the event that nothing is changed and he cannot get a reasonable setback, he feels he would have to take some action because he cannot have people virtually driving on his front step. He didn't know what happened years ago and was not the builder of the house he lives in, but he does know that every time the road grader comes by there's more green grass in the street from his yard. As it exists, he cannot even safely park a truck on his driveway without being in the right of way. At this point he felt he would have a difficult time selling the house. He's even afraid of his children playing on his front step because the road is so close to the house. He suggested if he cannot get a legal setback, the entire road project should be for- gotten. If it were a consideration that only the benefitted people pay for the additional right of way needed, when would the City know those costs? Council stated it could be either under the utilities project or under the street project.~ffie Engineers' suggestion has been to obtain an additional ten feet of easement on~he north sid~ It was not known exactly what that cost could be, but that would be determined by an assessor. Councilman Knight suggested if this is what the neighborhood wants, there is going to have to be some give and take on the part of everyone. Some will gain; some will lose; but as a neighborhood, everyone benefits. Archie Kirchner - asked why wasn't he issued a permit unless his house was moved further back, but Mr. Quickstrom got permits to build houses and he was not told to put the houses back. He felt scxneone should check into thi,s. Mr. Schrantz did not know what had happened. Mrs. Christenson - stated the people are not at fault, yet the people are paying for thlSbig mlstake. ~ls. Sonsteby - stated the Minutes of the Town meeting will show there were complaints Oabout people building houses too close to the road. At that time it was said the road is Ulere; and if at some time it gets widened, it will stay within the existing easement. She alleged that at that time, as now, there was a building inspector who let some people get away with anything and other people couldn't do anything. When she bui It houses across on the north side during that time, the building inspector told her to build closer to the road ,than she wanted; but she didn't want to bui ld close to the road. She stated there was a setback of 30 or 35 feet at that time. Mayor Windschitl stated if she could find the approximate dates of those meetings, he would like to read Regular City Council Meeting June 5, 1984 - Minutes Page 7 o (Public Hearing - South Coon Creek Drive West, Continued) Council discussion was on what action to take on the project. Mr. Germain placed his name on the petition as a no vote. The total votes on the petition was 10 in favor, 2 opposed. MOTION by Lachinski, Seconded by Ortte1, that we order Improvements of sanitary sewer and water for Improvement Project 84-6 along the east side of Round Lake Boulevard from 142nd Lane to South Coon Creek Drive and along South Coon Creek Drive from Round Lake Boulevard to 800 feet east. approximately the street grid Poppy, all within the south one-half Section 29, Township 32, Range 24, and direct TKDA to prepare the Final Plans and Specifications for the project. (See Resolution R038-84) Motion carried unanimously. Hearing closed at 9:33 p.m. o VARIANCE/M. R. OLSON Commission Chairman Don Spotts reviewed the Planning Commission's recommendation to grant the variance request to convey two pieces of property in acreage of less than five acres. Mayor Windschitl no~ed that at some point in time, there will be a sewer and water assessment against this property; and dividinq into large parcels might make it difficult to subdivide at some future date. He didn't have a problem with the principle of what is being done. Mr. Olson - stated there is too much low land and swamp to make it feasible to plat the .property. The previous problem with asbestos in fill for his land has been solved. He stated there is no asbestos on the property. MOTION by Orttel, Seconded by Knight, introducing a Resolution approving a variance of parcel size pursuant to Ordinance No. 10, Section 14.02 as requested by M. R. Olson and as prepared. (See Resolution R039-84) Motion carried unanimously. o REZONING/D. KING Chairman Spotts reviewed the Planning Commission's recommendation to deny the request to rezone a portion of land on Bunker Lake Boulevard from Neighborhood Business to General Business. David King, 6604 153rd Lane - submitted the application for the rezoning to build a carwash east of the medical office on Bunker Lake Boulevard. It would be a full- service carwash on a self-service basis similiar to Typhoon in Anoka. A General Business zone would allow them to do this. There is city sewer and water available. The traffic flow would be strictly from Bunker Lake Boulevard and back onto it with nothing going back into Chapman's Addition. He also proposed the installation of privacy fences or other remedies to take care ~f the problems with the neighbors in Chapman's Addition. Jim Martenson, owner of the property - stated he got the impression there is a concern of haVlng a buffer zone between the residents on the south side of 136th and the shopping center on the other side of Bunker Lake Boulevard 400 feet away. He didn't see that there should be any more buffer in this instance than for those people living in back of the shopping center. He felt if someone wants to use his land for a buffer, they should purchase it. Mr. King - something else that was mentioned at the P & Z meeting was they would like the nelghborhood business zone to be the buffer for the residential area. All the other General Business areas in the City are around the junkyard area which have residential areas that are quite close. Also, the Commission mentioned there are other GB areas . Regular City Council Meeting July 11, 1984 - Minutes o Page 5 (Plans and Specifications - South Coon Creek Drive West, Continued) Ms. Christenson - then asked where the large power boxes would be placed. Council did not know but agreed to have that looked into. Ms; Christenson - asked if there will be a bike path on the new road. Mr. Schrantz stated there will be no bike paths; but if it is stripped for ll-foot lanes, there is enough room for biking. But it is not wide enough to be an official bike lane. Round Lake Boulevard has a 24-foot traffic width with two 10-foot shoulders. South Coon Creek Drive will only be a 32-foot street face to face. The right of way on Round Lake Boulevard is approximately 140 feet, versus 66 feet for South Coon Creek Drive. Ms~.Christenson - stated if no bike riding is provided for and they are a thoroughfare, when will the City rezone the area commercial. Council foresaw no changes in the zoning, stating there are no plans for commercial in that area. []MS, . Chri stenson - asked th,e setback from her garage to the curb. Mr. Schrantz stat~d ~ lt wlll be 44 feet. There will be no change at her garage, but the curb will move over ~ 'toward; the corner of her lot. Ms. Christenson - stated she qid not think the road is fair at all. Council was concerned that there be no duplicatien of costs because different engineering firms are handl ing the uti lities and the street improvement projects,. Mr. Schrantz stated the plan is to initiate the State Aid street project at the end of the year to put the gravel on, with blacktop to be placed in the spring. 4::) MOTION by Orttel, Seconded by Lachinski, introducing a Resolution approving Final Plans and Specifications and ordering advertisement'for bids for Project 84-6, water and sanitary sewer for South Coon Creek Drive (west), and direct the Clerk to seek public bids as required by law with such bids to be opened at 10 o'clock a.m., August 14, 1984, as prepared with the exception of AU9U~ 4 be changed to August 14 for bid opening. (See Resolution R061-84) DI.SCUSSION=ll' Mr. Schrantz stated if right of way is to be purchased, it will be done under the sa itary sewer project. He is still working out the fi~es and will be talking to the affected residents prior to the ordering of the project:j Motion carried unanimously. Recess at 9:00; reconvene at 9:11 p.m. o JOINT POWtRS AGREEMENT - COON CREEK WATERSHED DISTRICT Council discussed the proposed joint powers agreement with the Coon Creek Watershed District for the City to collect the assessment for the development of regional ponds to control surface water runoff from the developes at the,time the final plat is issued. The fee schedule is in the agreement, but the Watershed Board has the abi lity to amend the figures unilaterally. It was also noted that metes and bounds subdivisions are also included in the agreement, even though it was stated those are not included at a previous meeting with the Watershed Board. The Council generally agreed to the position that the proposal places adisportionate amount of the .costs on Andover deve lopers, that the proposal adds a lot of add it iona 1 costs for Andover developers for water runoff that was done for free by other developers in the past, that this proposal for regional ponding plus the proposals to clean and widen Ditch 57 mean a doub le assessment to many of the deve lopers in Andover, that the percentages of fill on residential lots and cOl1ll1ercial development used in the examples do not seem correct, that an automatic indexing tends to get out'of hand in a few years, and that not assessing for clearing marshland for farming purposes is inequitable because that adds to the runoff just as developmeAt does. ~ 01 ANDOVE..~ 1685 Crosstown Blvd, NW, . Anoka. Minnesota 55303 . (612) 755-5100 September 21,1984 Edlred and Jean Ostertag 3458 South Coon Creek Drive Anoka, Minnesota 55303 Re: Special Assessments for 84-6 South Coon Creek Drive (West) Water and Sanitary Sewer Dear Mr. and Mrs. Ostertag: The notice you received for the proposed assessment for your lot did not include an amount of $160 for the right-of-way costs to move the water, sanitary sewer and street. I have asked our surveyor to prepare a new description where you would be granting an easement for right-of-way that reflects the acquisition on the north side of the street. This will move the right-of-way north about 9 feet on the west side and 0 feet on the east side of your property. The proposed assessment including the $160 will be $5,527.05 plus $160 or $5,687.06. I will recommend that the City Council accept the proposal to adjust the right-of-way. If you have any questions, please call. Sincerely, TY OF ANDOVER ... James E. Schrantz City Engineer/Public Works Director JES:vv , ~ ~ ANDOVE~ 1685 Crosstown Blvd. NW, . Anoka, Minnesota 55303 . (612) 755-5100 September 21, 1984 Kenneth J. and D. M. Posterick 3468 South Coon Creek Drive Anoka, Minnesota 55303 Re: Special Assessments for 84-6 South Coon Creek Drive (West) Water and Sanitary Sewer Dear Mr. and Mrs. Posterick: The notice you received for the proposed assessment for your lot did not include an amount of $420 for the right-of-way cost to move the proposed water, sanitary sewer and street., I have asked our surveyor to prepare a new description where you would be granting an easement for right-of-way that reflects the acquisition on the north side of the street. This will move the right-of-way north about 11 feet on the west and 9 feet on the east side of your property. The proposed assessment including the $420 will be $5,527.06 plus $420 or $5,947.06.. I will propose the City Council accept the proposal to adjust the right-of- way. If you have any questions, please feel free to call. Sincerely, ~F ANOOVER J~es E. Schrantz , Jty Engineer/Publ ic ,- JES: vv Works Director ~ ~ ANDOVER ,.. l'!~,.:.o: ,';::' '; /0. ;:; - 8'-1 ll(,:~",-- - ,--C'".:.:. J :...._.c.:.I~__-. ..._,,1.0', ~ ":J M E M 0 RAN DUM o TO: COPIES TO' FROl'-l: D,~ TE: Mayor and City Council City Clerk; City Attorney James E. Schrantz, City Engineer/Public September 26, 1984 Assessment Public Hearing 84-6 South Coon Creek Drive (West) and Round Lake Boulevard (Water and Sewer) '\EFERENCE o ,~ 1. jlA. 1\5. o The City Council has scheduled a public hearing for 7:30P.M. to take testimony about the assessments for Project 84-6 South Coon Creek Drive (west) and Round Lake Boulevard for watermain and sanitary sewer. The project is still under construction. The sanitary sewer and watermain laterals are constructed with the services scheduled to be constructed from September 25 to September 28, weather permitting. The City Council is requested to authorize the following changes to the assess- ment roll: 2. Reduce the assessment on Parcel 8265, Diane Kirchner, in the amount of $1,209 for right-of-way acquisition; reduce to $15,865.08. Reduce the assessment on Parcel 8270, Bea Sjolund, by $310 to reflect right-of-way acquisition; reduce to $5,217.06. 3. Reduce the assessment on Parcel 8010, Jay Seidenkranz because the assessments include 0.48 acres that is in the flood plain, reducing the assessment by $888.64 to $6,134.97. Increase the assessments on Parcel 8070, Ken Posterick, by $420 to reflect right-of-way acquisition, increasing assessment to $5,947.06. Also, I have prepared a description for right-of-way on this lot to reflect the right-of-way taking on the north. This moves the south right-of-way north by about 11 feet on the west side and 9 feet on the east side. This provides the city with adequate right-of-way for the street. Increase the assessment on Parcel 8065, Eldred Ostertag, by $160 to reflect the right-of-way acquisition increasing the assessment to $5,687.06. Also, I have prepared a description for right-of-way on this lot to reflect the right-of-way taking on the north. This moves the south right-of-way north by about 9 feet on the west and zero feet on the east side. This provi des the .city with adequate ri ght-of-way for the street. 6. Request by Archie Kirchner to reduce the assessment on one of his units, Parcel 8220, by $788, the amount of the connection charge, Mr. Kirchner states he doesn't plan to split the lot. If the lot was split, the connection charge would be paid along with the water permit fees. The assessment would ...... ... llJ(DA TOl TZ, KING, DUVAll ANDERSON AND A$socrA TES INCORPORATED GINEERS ARCHITECTS PLANNERS 2500 AMERICAN NA TIONAL BANK BUILDING SAINT PAUL, MINNESOTA 55101 612/292-4400 October 4, 1984 Gerald Wlndschltl, M8yor JIm EllIng, CouncIl Member Theo. Lachlnskl, CouncIl Member Kenneth Orttel, CouncIl Member ~ike Knight, CouncIl Member PatrIcIa LIndquIst, Clerk-Treasurer James Schrantz, CIty EngIneer WIllIam HawkIns, Attorney Re: Councl I MeetIng, October 2, 1984 Andover, MInnesota CommIssIon No. 7379-84 Dear M8yor and Councl I: o The followIng are engIneerIng matters dIscussed at the regular CouncIl MeetIng held on Tuesday, October 2, 1984. I. Assessment HearIng - CIty Improvement 84-6. South Coon Creek DrIve, SanItary Sewer and Water - CommIssIon No. 8180 Mr. DavIdson dId present the proposed assessment for the above named Improvement IndIcatIng that there had been consIderatIons relatIve to rIght-of-way acquIsItIon and reImbursement Included In the assessment roll. The Council approved the follow r ng changes to the assessment roll: - ~ - 1. Reduce the assessment parcei 8265, Diane Kirchner, in the amount of $1,209 for rIght-of-way acquIsItIon. Amount to be assessed $15,865.08. " "'~- 2. Reduce the assessment parcel 8270, Bea SJolund, by $310 for rlght~ of-way acquIsItIon. FInal assessment $5,217.06. 3. Reduce assessment parcel 80l0, Jay Seldenkranz,for .48 acres In flood plaIn reducIng assessment by $788.64. FInal assessment $6,134.97. o ~ 4. Increase the assessment to parcel 8070, Ken Posterlck, $420 to . reflect rIght-of-way acquIsitIon, IncreasIng assessment to ~~,947. 06. , ".. ,- ---..-." . -"" x- 5. Increase the assessment parcel 8065, Eldred Ostertag, by $160 to reflect rIght-of-way acquIsItIon, IncreasIng assessment to $5,687.06. . , '- ~~~.,_. '-'",. 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW,CLANDOVER,MN.US TO: CC: Mayor and Councilmembers John Enrr, City Ad_totv ' Will Neumeister, Community Development Director (Jit-- FROM: SUBJECT: Naming of a Collector Roadway DATE: February 24, 2004 INTRODUCTION Today there was discussion at the ARC meeting regarding the need to rename a street that is in Woodland 4th Addition that will become an east-west collector street at sometime in the future. The street is currently named 1 52nd Lane and as the land is developed in the Rural Reserve area, it will be one of the only east-west collector streets between Nightingale and Round Lake Boulevards. Traffic count is expected to vary along the road section between 3,050 to 10,350 trips per day. DISCUSSION The reason it this needs attention at this time is that there are vacant lots in Woodland 4th Addition that are in the process of being built on and the time to change the name is before there are people living there and take occupancy of their homes. This street name would be an opportunity to set a tone for new development in the area that will someday become the new growth area of the City (i.e. the Rural Reserve area). Since the roadway is an east-west linkage, there is no need to align with the flower or bird name street naming system which is for north-south streets in that area of the City, Some names that have been suggested include the following: . Old Farm Way . Grow Parkway . Fields Parkway . Lester Fosgren ParkwayIDrive (11 year old from train story) . Harvest Drive . Foxtail Parkway (foxtail is a flowering wetland grass) . Settlers Parkway The Council may have many other suggestions that could be considered. Staff would like to gather input and bring to the next regular Council meeting for consideration and adoption if there is a name that is considered appropriate for this future east-west collector street. ACTION REQUESTED Council is requested to review the topic and determine whether there is support for the name change of 1520d Lane to one of the suggested names or some other suggested name. If this is something that should be pursued, staff could bring it forward to the next Council meeting for action. Respectfully submitted, Mt~ Will Neumeister Attachment Transportation Plan (Functional Classification Map) Location Map (showing where road will pass through Woodland 4th and 6th Additions) -2-- , -'3- ~ "".,.. ,/ ,/ ~, "--",,,/ .",.....~ ~... ,. .. .,III' .~.. ....... ."", -'-- ~NS~L "i-t /1 '-. -~=-~ '-c ! "''' ~7V";.;7~$~"'~~ fr/~ \ .. ,q,stAve' W ~ ",.,.. -. '-I ,~ , - 1- J,I \. - 1 r (I : ~~: U W T I .~ ;-___1 ~ ~ ....j 177lh lll~ WI ( .1.. ~~~~ f "- ~.. -...J. i r r-_r'anl akeb.NW , I ...... ~ - \ 0 L"'" -' -.........: o ~ /) /\ ~ I ~b~:; . I- iY. cu~ I I .: "'-.1 I Potential River y ~ .J.aW/;J.1' - I : Crossing ~ I I 1 . ~ V;bh AVA "" I rl ~ ~ -\I~ ),. ~ }--.. ......~.. ... I · "I C. ...... T~ y,-l ~~ ~ I , , ...- 161stAve NW '. =:J _! ) !---;;!os · It ,- , l169 W L ~~ rUJ, ~:~ ) .~ /~ \'~'VAN' ""_, ( I, I~(\ t ~ ,It- ~ f- ~~. Ire -'-~~~ j)~' Rj~:;\J -~.I ~ ~ ':f'l~ j' ~ ~ ~ ~ 4.. ... ~ :j- _~ G ~: -- "'---- I> - I--'-'YJ'= jI:: I ~_I i - .-J "- Lf: i~ IAA ,. - /I'. I ~. 11. i .J.. P'" 1. r'" ,\ U l' ~ ~ ~:_J \~~~ --.J'; ~ : \ -~ I c-',-- ~ U t r'- ~ # II I ~~ .. .... ...... ..:... '""- - ...J-h~. [ I): ,Id'] "~I~:I .~ "'" · -' ~ 0-, rr ';. -fl: . '\.~'._..~OKA '0 ~~ 1 ,,_ Coon;~ i'EJ rn-rr~ ~1___ ~ ~J-J ~ Ia>-- ~~_ \ r;;).] ..... s/ 'l:- , _~..7 ;r-- _ _ , r~ \\\__). ft 1\1 -h n ~~ I y~~-' ,.. ~_:~ ,fit ~ !,f<!: ~ ~~-.;.' ~ >--~ " qu.. 2'L \ ."~ ? :. ~![ ~ ~ - ~I =R~l' r~'.lj ~ '- . i \ - "-- 'r- ~ ' L - I~ \ T ~ (1"--,: ~ ; ,7 \.__.' r 0 TOr ~-S~ r: r- Itl .; /' ' "",s500", ~ 1) "1 (~I\.~:ro~(2,~i1 ~~RAPIDS!~. II I h.'C" \.-~ .; /j ItC. I ~\ TI/1~ r' I I ~E 2004 LEGIS LA TIVE PACKAGE ~.<;{ '1-oLj ec ~ 2004 LEGISLA rIVE EXECUTIVE SUMMARY NORTHSTAR COMMUTER RAIL: In 2000 the Northstar commuter rail project was rated "recommended" by the Federal Transit Administration and given approval to begin preliminary engineering. The 2003 Legislature enacted a law directing the Minnesota Department of Transportation to work with the Northstar Corridor Development Authority to update ridership forecasts, work with Burlington Northern Santa Fe railroad to update capacity improvements and further study the feasibility of the project. Federal funding of 50 percent i s t he federal s hare for the project a nd t he local county railroad authorities have committed 10 percent. The 40 percent state share of $126.5 million is needed for final engineering and construction of the project. The 2004 session is the year for major state bonding proposals to be considered and enacted. In order for the state to remain competitive for federal funding it is critical that the Northstar commuter rail project be included in the bonding bill. COMMUNITY DEVELOPMENT: Anoka County is well positioned for economic growth. Within the county's 21 communities are several hundred acres zoned industrial available for development. A number of communities in the fast growing northern and eastern area of the county have indicated interest in partnering with the county on economic development projects. Anoka County is one of the last four out of 87 counties not having the ability to create an economic development authority. In addition, transit-oriented development along' rail corridors and stations is strongly encouraged by the Federal Transit Administration. The rail station sites in the cities of Ramsey, Anoka, Coon Rapids and Fridley are ideal examples where collaboration between the city and the county are possible. Special legislation for Anoka County is being proposed which amends its current regional railroad authority to include economic development and transit oriented development powers. HUMAN RESOURCES: Two law changes, specific to Anoka County, are being proposed dealing with pension and personnel matters. By mutual agreement with the Achieve board and staff, Anoka County is divesting itself from its involvement with this employment program for developmentally disabled a dults. Legislation is being proposed which would allow current Achieve employees to continue as members with the new non-profit Achieve - organization contributing the employer's share to PERk The other law change proposes establishment of a Personnel Board of Appeals for Anoka County. Recent employee grievance procedures have highlighted the need to clarify the status and role of the county board in appeals and collective bargaining matters. HIGHWAY FUNDING: With the increase in population, new housing starts, retail centers, and employment, traffic in Anoka County continues to increase at a rapid rate. The 45 year old CSAH formula no longer equitably distributes state highway dollars to the counties. Minnesota's twenty cents per gallon gasoline tax, last increased in 1988, has a declining buying power of 8.5 cents. Increasingly, the burden has been shifting to property taxpayers to meet road, bridge, and transit needs. New revenue sources must be found to address this critical problem. In addition to reforming the CSAH formula, the Anoka County Board of Commissioners supports an increase in user fees, a gas tax increase, a wheelage tax or other dedicated sources of revenue to address this growing problem. DRAFT OF JANUARY 13,2004 A bill for an act FOR DISCUSSION PURPOSES ONLY relating to the Anoka county regional railroad authority; authorizing the Anoka county regional railroad authority to exercise economic development authority powers. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. [ANOKA COUNTY REGIONAL RAILROAD AUTHORITY POWERS.] Subdivision I. [ECONOMIC DEVELOPMENT POWERS AND DUTIES.] The Anoka county regional railroad authority may exercise any of the powers and duties of an economic deyelopment authority under sections 469.090. 469.098. and 469. IQI to 469.106. The Anoka county re?ional railroad authority may exercise the Dowers under sections 469.001 to 469.047 for the purpose of transit oriented deyelopment. except that the Anoka county regional railroad authority may not exercise the power to tax under section 469.033. subdivision 6. In applying sections 469.001 to 469.047.469.090.469.098. and 469.101 to 469.106. to the Anoka county regional railroad authority. the county is considered to be the city and the county board is considered to be the city council. Subd.2. [RELATION TO LOCAL AUTHORITIES.] Nothing in subdivision 1 shall alter or impair the powers or duties of a city. a town. a municipal housing and redevelopment authority or a municipal economic development authority. Subd.3. [LOCAL AP~ROVAL.] Ifany economic development proiect is constructed in the county Qursuant to the authorization in this section. the proiect must be approved by the governing body of each city or town within which the proiect will be constructed. Sec. 2. [EFFECTIVE DATE.] Section I is effective the day after the governing body of the Anoka county regional railroad authority and its chief clerical officer timely completes its compliance with Minnesota Statutes. section 645.021. subdivisions 2 and 3. TABLE OF CONTENTS PROPERTY TAXES AND FINANCE...............................................................................1 Homestead and Agricultural Credit Aid (HACA)...................................................................1 The Metropolitan Revenue Distribution Act2 (Fiscal Disparities Program)...........................2 GOVERNMENTAL SERVICES .......................................................................................5 . Metropolitan Radio Board..... ...... ...... .......................... ...... ...... ..... ........ ....... .... .....................5 County Agricultural Inspector ..... ...... ....... .............-:........... ... ......... .......... .... ... ............... ... .... 6 Candidate Filing Fees .... ...... ...... ...... ............ .............. ...... ........ ................. ..... ............ ...... ...6 Increase in Notary Fees ...................................................................................................... 7 Service Fee Increases..... .... ...... ..... .......... .... .............. ...... ...... ...... .............. .... ..................... 7 license Suspension for Non-Sufficient Funds .....................................................................8 Auctioneer license Fees..................................................................................................... 8 Marriage License Fee .. .....:... ......... .......... ..... ........ ........... ..... ... ... ...... ........ ..... ............ ...:..... 8 COMMUNITY DEVELOPMENT ...... ............ .................. .......... .......... ..... ......................9 Development Investment Strategies.................................................................................... 9 Stadium District ......... ....... .... .............. ..................... ............. ................ ....... ......... .......... ...10 SOLID WASTE AND RECYCLING ............................................................................11 State Commitment to Recycling Program Funding ............................................................11 State Commitment to Waste Processing ...........................................................................12 Electronics Product Stewardship ....................................................................................... 12 HUMAN R ESOU RCES ........ ....... ...................... ........ ....... .... ........ .......... ........................ 13 PERA Participation for Achieve Employees....................................................................... 13 Contributions to Section 457 Plans ...................................................................................13 Extension of Long-Term Care Insurance...........................................................................14 Personnel Board of Appeals..............................................................................................14 HUMAN SERVICES . ........... ........ ............................. ........... ............... ....... ............. ..... ..15 Funding for Human Services Programs ............................................................................15 Nursing Facility Costs........... ........ ........ ..... ..... ......... ...... ..... ......... ........ ........ ... ........ ........... 16 Senior Services. ................ ..... ....... ............. ..... ..... .... ......,.... ..... ... ...... ........... ..... ................16 Senior Living and Care Facilities .......................................................................................17 Minnesota Family Investment Plan (MFIP) Employment Service Plan Exemptions ...........17 Emergency Assistance Program ......................................................................................; 18 Emergency General Assistance (EGA) Eligibility and Statewide Allocation .......................19 Transfer of Elderly Waiver Management ...........................................................................20 Meth Labs and Children ....................................................................................................20 Funding for Battered Women's Shelters ............................................................................21 Mental Health Services for Children and Families .............................................................21 Mental Health Continuum of Care .....................................................................................22 Dislocated Worker Program Funding........... ............. .............. ..... ........ ...... ........... ..... ..... ...22 State Funding for Anoka County Community Action Program (ACCAP) Operations..........23 Anoka County Community Action Agency Housing ...........................................................23 CORRECTIONS........................................................................................................ .24 Short-Term Felony Offenders.;.......................................................................................... 24 PRO PERTY R ECO R DS and TAXA TIO N....... .................. ......................... .............. ......25 Fee Increase for County Recorders...... ..... ........... .............. .... ............... ........ ....................25 PU B LIC SERVICES ...... ............................. ....... ....... .......... ..... ............. ..... .................. ..26 Rail and Transit ....... ..... .... .... ........ ......... ..... ....... .................. ..... ... ..... ..... ...... .... ..................26 Northstar Commuter Coach ... .............. ....... ...... ... .................... ..... ...... .... ... .... ...... ...... ...... .27 Highways ..... ........... ......... ..... ......... ......... ...... ..... .... ... ..... ... ........... ..... .... ... ........... ..............28 County State Aid Highway (CSAH) Distribution Formula...................................................28 Redirect Undedicated Funds .......... ..... ............... .......... ....... .... .......... ....... ........... ..... ... .......29 Sales Tax Exemption .................. ............ ........ ......... ..... ................ .... ........... ......... .... .......; .29 Plat Review....................................................................................................................... 30 Electric Utility Issues......................................................................................................... 31 Utilities in Rights-of-Way................................................................................................... 32 PARKS and RECREATION........................ ......... ............................ ...........................33 ii PROPERTY TAXES AND FINANCE Homestead and Agricultural Credit Aid (HACA) Created in 1989, the HACA program provides direct property tax relief to homeowners to assist with the cost of state program mandates and new unfunded services. It is needed by the counties to help meet inflation-related expenditures and to partially offset the increased. responsibilities shifted by federal and state budget decisions and unfunded mandates. Counties are the arm for the state, administering and delivering state programs at the local level. Reducing HACA payments to counties should occur only if the reduction is a dollar-for-dollar trade for providing these services. The Minnesota Legislature enacted a major overhaul of the property tax system in 2001. HACA was eliminated for cities, townships, school districts, and special districts. For counties, HACA dollar-for-dollar trades occurred in three program areas. They are: (1) state assumption- of guardian ad litem, court interpreters, and psychiatric exams, effective 2002; (2) up to 30 percent of the out-of-home placement costs, effective 2003; and (3) state takeover of district court costs, effective for Anoka County in 2005. (The funding for out-of-home placement costs was not implemented due to state budget shortages.). For 2004, HACA will be renamed County Program Aid. The Anoka County Board of Commissioners recommends that: The Minnesota Legislature oppose further reductions in county HACA (County Program Aid) or transfers of county HACA (County Program Aid) unless the transfer of money: 1 . Maintains property tax relief as the primary purpose of the state funding. 2. Provides the same or higher level of total state funding for programs controlled by the county boards, while assuring that individual counties are held harmless. 3. Requires no additional county levies or additional spending for new programs. 4. Preserves adequate county board flexibility in the use of state funds. 1 The Metropolitan Revenue Distribution Act (Fiscal Disparities Program) The Charles R. Weaver Metropolitan Revenue Distribution Program, or Fiscal Disparities Program, as it is often called, redistributes property value on commercial/industrial property among the various local units of government within the metropolitan region. A "pool" is created by taking. 40 percent of the growth in commerciallindustrial property value and taxing it at the same rate in all of the municipalities and taxing jurisdictions. The pool is then distributed to the various jurisdictions based upon a formula prescribed in state statutes. As a result, the disparity between taxes paid on commerciallindustrial (C/I) property in high growth areas versus low growth areas is reduced, and taxes on all property types are reduced in those areas with little CII growth. The following chart shows the increase in total property taxes on a $175,000 market value residence in several Anoka County communities and several different school districts if fiscal disparities were eliminated: INCREASE IN 2003 PROPERTY TAXES WITHOUT TAX BASE SHARING BLAINE. S.D.#16 FRIDLEY. S.D.#14 ANDOVER. S.D.#11 RAMSEY - S.D.#11 SPRING LK. PK.. S.D.#16 E. BETHEL. S.D.#15 FRIDLEY. S.D.#16 COON RAPIDS. S.D.#11 COLUMBIA HTS. . S.D.#13 BLAINE. S.D.#12 ANOKA. S.D.#11 $- $364.42 $100.00 $200.00 $300.00 $400.00 $500.00 $175,000 Market Value ResIdence 2 On average, taxes on these residential properties would be more than 10 percent higher if the fiscal disparities program was eliminated. The next chart demonstrates the differences in school taxes without fiscal disparities. SCHOOL DISTRICT TAXES Tax Difference in Dollars Without Fiscal Disparities 8.0.#12 $(50) $(30) $(10) $10 $30 $50 $70 $90 $110 $130 $150 Payable 2003- $175,000 Market Value The Metropolitan Revenue Distribution Act was enacted to lessen the disparities between communities and as a balance to the creation of the Metropolitan Council, which was given the authority to guide development in the seven-county metropolitan area. The Metropolitan Council Development and Investment Framework is the guiding document for development in the Metropolitan Council's jurisdiction. The framework's cornerstone is the Metropolitan Urban Service Area (MSUA). Because of the location of the MUSA (two-thirds is located in Hennepin, Ramsey and Dakota Counties), development and infrastructure investment has primarily occurred in Hennepin and Dakota Counties. As a result of the development policy, commercial/industrial growth in other sections of the region has increased at a rate less than that experienced in Hennepin and Dakota Counties. To compensate for the impacts of the growth policy, the Fiscal Disparities Program redistributes a portion of the commercial/industrial growth. In essence, both policies are needed to maintain balanced growth. The repeal or significant change of one would impact the other. While Hennepin and Dakota Counties are net contributors to the fiscal disparities pool, both have also benefited from available development capacity and infrastructure 3 investment and, as a result, have had strong economic growth, especially in commercial/industrial property value. Since public infrastructure improvements are located within the MUSA, it follows that vacant and redeveloped land within the MUSA will be more attractive for development. Since most of the MUSA encompasses Hennepin, Ramsey, and Dakota Counties, much of the public infrastructure spending has been directed at these counties. The Fiscal Disparities Program is an invaluable program for the communities in the region not having the tax base, or the infrastructure, to attract development to increase their tax base. Fiscal disparities has reduced tax base disparity throughout the metropolitan area and assisted communities that would otherwise have suffered from Metropolitan Council's controlled growth plan. The Anoka County Board of Commissioners recommends that: The Minnesota Legislature continue to support the Charles R. Weaver Metropolitan Revenue Distribution Act in order to maintain balance in the property tax base in the metropolitan area. 4 GOVERNMENTAL SERVICES Metropolitan Radio Board In 1995, the Minnesota Legislature established the Metropolitan Radio Board, comprised of local elected officials, to provide oversight on the development of a region wide public safety radio system communication plan. In the 2002 and 2003 legislative sessions, allocation of new resources were directed to homeland security programs, including new radio/communications infrastructure and the expansion of an BOO-MHz radio system beyond the metropolitan area. The additional revenue raised by these actions could back additional bonding authority for the Metropolitan Radio Board. In addition, Chisago and Isanti Counties were inadvertently excluded from the references in the enacted legislation for participation in this program. The original law establishing the Metropolitan Radio Board required that the entity cease to exist on June 30,2004. To date, Hennepin and Carver Counties are partially covered by the new radio system and Anoka County is in the process of construction. The Metropolitan Radio Board has been. a key advocate and resource in the development of this system and can still play a vital role in the development of this much needed emergency radio network system. The Anoka County Board of Commissioners joins with others in support of the following position: 1. The Minnesota Legislature repeal the. statutes which sunset the Metropolitan Radio Board and allow the Board's existence to continue in its charge to encourage the, implementation of a regional/statewide interoperable emergency radio system. 2. The Minnesota Legislature increase the bond limit the Metropolitan Radio Board may issue to correspond with existing revenues for debt service. 3. The Minnesota Legislature amend the 2003 homeland security law to correct an omission for Chisago and Isanti Counties to participate in developing and building an emergency radio system interoperable with the regionaVstatewide system as members of the Metropolitan Phase I Implementation. 5 County Agricultural Inspector Legislation was passed in 2003 that eliminated the Department of Agriculture's weed inspection duties. Just like the state, the counties should be relieved from this mandate and be given the local option to retain the authority. Cities and townships will continue to retain the authority to appoint weed inspectors, so the public will have an avenue to address any problems. The Anoka County Board of Commissioners joins with others in support of the following position: The Minnesota Legislature support modification of the Noxious Weed Law, Minn. Stat. SS 18.75 - 18.88 to clarify county flexibility in appointing a county agricultural inspector and prescribing duties. Candidate Filing Fees Candidates filing for election in Minnesota must pay a filing fee or provide a petition in lieu of the filing fee. State legislative filing fees were increased in 1992 to $100. Local, city, county, and school filing fees have not been raised since 1981. With inflation and other costs associated with administering elections it would not be unreasonable to modestly increase these fees. The Anoka County Board of Commissioners joins with others in support of the following position: The Minnesota Legislature establish new fees at the level of legislative filing fees for county candidate filings. 6 Increase in Notary Fees The State of Minnesota has in place a system to commission Notary Publics to provide services to its citizens. The Anoka County License Bureau currently has 30 employees commissioned as Notary Publics. The required fee to record the commission was raised by the Minnesota Legislature in 2003 from $25 to $100 resulting in an increased cost to Anoka County of $2,250 every four years. The notary fee of $1.00 was not increased. The Anoka County. Board of Commissioners joins with others in support of the following position: The Minnesota Legislature increase the maximum notary fee not to exceed $4.00 to better reflect costs associated with providing services to citizens needing notarized documents. Service Fee Increases The State of Minnesota has in place a deputy registrar/agent system to provide citizens convenient locations to conduct title registration services for motor vehicles and driver's licenses. A transaction user fee was established to be retained by the deputy registrar/agent to defray administration costs. These fees have received only modest increases through the years. The state has implemented a point-of-sale computer network that benefits customers and law enforcement by providing faster issuance of documents and up-to-date online information. Duties of the deputy registrar/agents have changed from submitting documentation to the state for data entry to the input being completed at the deputy registrar/agenf locations. Existing fees do not r compensate deputy registrar/agents for this additional work. The Anoka County Board of Commissioners joins with others in support of the following position: The Minnesota Legislature support the Minnesota Deputy Registrars Association's efforts to seek user fee increases to maintain local services to the citizens of Minnesota. 7 License Suspension for Non-Sufficient Funds The State of Minnesota has in place a contract with deputy registrars to place the motor vehicle plate/tab in "suspense" when notified by a local Deputy Registrar that payment for the registration was returned non-sufficient funds (NSF). The Deputy Registrar must still forward the entire registration tax to the state and is left with a deficit until the NSF check is made good. The Anoka County Board of Commissioners joins with others in support of the following position: The Minnesota Legislature require the Minnesota Department of Public Safety and the Minnesota Department of Natural Resources (DNR) to implemElnt a system to place a driver's license and/or DNR license in "suspense" until the local deputy/agent is reimbursed for any NSF check. Auctioneer License Fees Auctioneers must apply for a license each year from the county. The county portion of the fee has not been raised since 1965. The Anoka County Board of Commissioners recommends that The Minnesota Legislature support an increase in the auctioneer fee from $10 to $50. Marriage License Fee Individuals applying for a marriage license must currently pay an $80 fee; $15 is kept by the county and $65 is sent to the state. Individuals taking appropriate marriage courses may pay a reduced fee of $20; $15 is kept by the county and $5 is sent to the state. The county portion of the fee has not been raised since 1978. The Anoka County Board of Commissioners recommends that: The Minnesota Legislature support an increase in the county portion of the marriage license fee to $50; raising the total fee to $130 with an equal distribution to the county and the state of $65 each. 8 COMMUMTYDEVELOPMENT Development Investment Strategies Anoka County is well positioned for economic growth into the next millennia. Within the . county's 21 communities are several hundred acres zoned industrial available for development. The majority of these sites are within the Metropolitan Urban Service Area (MUSA) line and within 20 minutes of both downtown Minneapolis and St. Paul. In December 2001, the county board formed a collaboration with the Anoka County Housing Redevelopment Authority (ACHRA) and the Anoka County Regional Railroad Authority (ACRRA) to devise and implement a development strategy addressing housing, economic development, and transit-oriented development. Special law patterned after Dakota, Scott, and Carver Counties in recent years would provide specific authority to promote economic growth and undertake economic development projects in Anoka County. Components and proposals embodied in the special legislation would assist with the investment strategy of affordable housing, economic development, and transit-oriented development. Transit-oriented development along rail corridors and stations is strongly encouraged by the Federal Transit Administration (FTA) , and those projects which document transit- oriented development efforts and activities usually enjoy high ran kings for federal funding. The rail station sites in the cities of Ramsey, Anoka, Coon Rapids, and Fridley along the proposed Northstar commuter rail line are ideal examples where collaboration with the Anoka County Regional Rail Authority and the city are possible. Amendments to current regional railroad authority statutes need to be made to clarify the powers relating to transit-oriented development along rail corridors. No increase in lew authoritv/tax rate is beina proposed. If leaislation is passed. Anoka Countv must exercise these new powers within the current lew limits of its railroad authoritv. The Anoka County Board qf Commissioners recommends that: The Minnesota Legislature approve Anoka County's proposal to: 1. Amend county rail authority language to allow Anoka County to engage in transit oriented development of stations and sites, working jointly with local municipal housing and redevelopment authorities, economic development authorities, and other entities for this purpose. 2. Amend county regional rail authority language to enable Anoka County to engage in economic development activities, similar to other metro county's economic development authorities. 9 Stadium District In order to increase the tax base and encourage job creation, Anoka County continues to participate in discussions with major sports interests to locate a stadium complex in the county. The 2003 Legislature, with strong support from Governor Pawlenty, enacted legislation establishing "Job Opportunity Building Zones." The new law provides for establishment of tax free zones for payment of property taxes and relief from corporate income taxes, sales taxes, and provision of a job credit fora period of up to 12-years. This legislation would need to be modified slightly to allow for establishment of a stadium district to provide similar incentives for locating a stadium complex in Anoka County. The businesses in the zone would pay no state or local taxes, but would pay a stadium tax to help fund improvements. The Anoka County Board of Commissioners recommends that The Minnesota Legislature amend the "Job Opportunity Building Zones" statute to allow for the establishment of a stadium district, and further support any other tax relief measures that may be approved to provide incentives for development of a stadium complex in Anoka County. 10 SOLID WASTE AND RECYCLING The Solid Waste Management Coordinating Board (SWMCB), which is a joint powers board made up of Anoka, Carver, Dakota, Hennepin, Ramsey, and Washington Counties, sponsors and coordinate$ policies and programs addressing solid waste reduction, recycling, processing, [andfilling, and household hazardous waste management. The SWMCB, in conjunction with the Minnesota Office of Environmental Assistance (MOEA), and the Minnesota Pollution Control Agency (MPCA), prepared the "Regional Solid Waste Master Plan" for managing six-county metropolitan area's solid waste through the year 2017. The Regional Solid Waste Master Plan was prepared to fulfill the requirements of Minn. Stat. 99 115A.46 and 473.803. State Commitment to Recycling Program Funding In the 1989 special session of the Legislature, amendments to the Waste Management Act created a sales tax on solid waste collection and disposal. Those amendments were intended to create a source of funds to be used for certain solid waste programs including recycling. In 1997 the Legislature replaced the sales tax with a solid waste management tax to fund landfill clean-up, as well as recycling and related activities. This funding source pays a portion of the costs to operate our municipal recycling programs. In Anoka County, the Select Committee On Recycling and the Environment (SCORE) funds are used as a direct pass-through to our 21 municipalities to reimburse costs for recycling programs, and allow us to work in partnership with the municipalities and the private sector to provide recycling programs for our citizens. The continued- funding from SCORE grants is critical to maintain our recycling programs. Local Recycling Development Grant (LRDG) funds are provided by Minn. Stat. 9 473.8441 to provide funds to improve or increase the effectiveness of existing activities in the county and provide support to maintain effective municipal recycling. The funds are obtained from a $1.50 surcharge on waste landfill in the metropolitan area. The Anoka County Board of Commissioners joins with others in support of the following position: The Minnesota Legislature maintain or increase current investments in programs relating to public education, reduction, reuse, recycling, and processing, including SCORE and LRDG funding. 11 State Commitment to Waste Processing Anoka County has a partnership with Hennepin, Sherburne, Benton, and Stearns Counties to contract for waste processing at a resource recovery facility in Elk River. This facility processes 1,500 tons of garbage per day and makes refuse-derived fuel, which is used to produce power at the Great River Energy power plant in Elk River. These contracts for waste processing run until August 2009, and are in place to meet the state requirement to process waste. Funding for Waste Processing In 2001 the state provided funding to counties for maintaining a commitment for waste processing. This statute determined that the money was to be used to reduce the tip fees at the resource recovery facilities. Anoka County uses this funding to rebate haulers for delivery of waste for processing. The county also helps buy down the cost of processing to attract waste to the facility. Processing is more expensive than landfil/ing waste. The Anoka County Board of Commissioners joins with others in support of the fol/owing position: The Minnesota Legislature continue the funding for waste processing. Electronics Product Stewardship The environmental impact of toxic/hazardous materials in electronic products can be significant. A computer or television monitor contains between five and eight pounds of lead as well as mercury, cadmium, and PCBs. Nearly all of the component parts, including lead and leaded glass, can be recycled or recovered. The SWMCB is concerned about the lack of disposal options, the slow progress in national product stewardship efforts relating to electronics, significant growth in disposal rates, and the potential impact on the environment. The Anoka County Board of Commissioners joins with others in support of the fol/owing position: The Minnesota Legislature adopt state policy regarding management of cathode ray tubes (CRTs) that incorporates manufacturer responsibility, reliable and convenient collection options, responsible recycling of CRTs, a mechanism to address the backlog of CRTs, . and a preference for advance recycling fees without relying on local government for management of CRTs, effective July 1,2005. 12 HUMAN RESOURCES PERA Participation for Achieve Employees The Anoka County Board of Commissioners has made a decision to divest itself of the Achieve program, an employment program for adults with developmental disabilities. This decision was supported by the existing employees of the program, along with their board, who have incorporated into a new non-profit agency entitled Achieve Services, Inc. The service delivery transition will be seamless, provided by the same staff with the same clients. However, Achieve staff, who are currently vested with the Public Employee Retirement Association (PERA), wish to retain their active eligibility and status. The Legislature has allowed, in a few instances in the past, special consideration for employees in similar situations. Employees newly hired or hired in the future by Achieve Service, Inc. would not be eligible to obtain PERA coverage. The Anoka County Board of Commissioners recommends that: The Minnesota Legislature approve Anoka County's proposal to provide those Achieve employees, vested in PERA, the option to continue as "public employees" for purposes of the Public Employees Retirement Act. Contributions to Section 457 Plans Current law restricts employer-made deferred compensation contributions to only the State of Minnesota plan. This removes the employees' free choice to invest up to $4,000 annually in other deferred compensation plans offered by the employer. If a choice was provided, it would avoid the appearance and effect of employer favoritism of the state's plan/vendor over another and encourage long-term savings for retirement by employees. There are no fiscal impacts to the county or the state. Providing the employee with a free choice to invest will broaden in choice of vendors and investments an employee can make. The Anoka County Board of Commissioners joins with others in support. of the following position: The Minnesota Legislature broaden current law to allow for greater flexibility among public employee investments. 13 Extension of Long- Term Care Insurance The 1999 Minnesota Legislature passed a law permitting only state employees, and broadened it in 2001 to in91ude retirees, their spouses, and their parents, to purchase long-term care insurance, even though the Minnesota Department of Employee Relations had researched and recommended that all political subdivisions be included. If all political subdivisions were allowed to participate, there would be economies of scale. Extending eligibility would eliminate duplication of efforts developing individual plans, provide consistency in plan design, and eliminate multiple vendors from jurisdiction to jurisdiction. There is no cost to the employer, and long-term care insurance is an optional benefit employers may offer. The Anoka County Board of Commissioners joins with others in support of the following position:' The Minnesota Legislature broaden current law to allow all public employees to be eligible to purchase long-term care insurance through the State of Minnesota's Long-Term Care Insurance Plan. Personnel Board of Appeals Anoka County employees do not have civil service status which includes established appeals procedures used by many other counties. What has been in place is a personnel board of appeals process established by the county board. The past year, Anoka County had its first and second grievance decisions. These appeals experiences revealed areas in which the appeals process should be improved. At the request of the Anoka County Attorney's Office, and after researching countys' practices and their special legislation, it was determined that special legislation be sought clarifying the status and role of the board in disciplinary appeals and collective bargaining matters. The Anoka County Board of Commissioners recommends that: The Minnesota Legislature support Anoka County's proposal to establish a Personnel Board of Appeals. 14 HUMAN SERVICES Funding for Human Services Programs Services mandated by the state or federal government should be paid with state and federal funds, which have the widest tax base to generate these funds. Because of recent state budget shortfalls, the burden of fully funding these programs falls on counties relying on property taxes for their primary source of revenue. The use of property taxes to fund state mandated human services programs causes inequities between counties. Often the counties having the highest need have the least ability to generate revenue. This situation is compounded during times of recession when workloads increase. Minnesota is one of 12 states where the counties partner with the state for the delivery of Human Services. The state appropriates and provides the oversight, and the counties deliver the programs that are mandated by statute or state rule. Funding is given to provide a service, but as time goes on, funding is not increased to meet the increased cost of administrative mandated services. In recent years, in an effort to solve state budget problems, there have been direct cost shifts to counties. Examples of this: 1. Counties incurring 10 percent of the cost of persons under the age of 65 in nursing homes. 2. Counties required to pay 1 0 percent of the cost committed to regional treatment centers, which increases to 20 percent in July 2004. 3. Consolidation of a number of social services grants - with a 27 percent reduction in those grants. 4. Consolidation of a number of grants in community health - with a 30 percent reduction in those grants. 5. An across the board 8 percent reduction in community corrections funding. The Anoka County Board of Commissioners joins with others. in support of the following position: The Minnesota Legislature fully fund the delivery of mandated services. If funding is not available, reduce the mandates to equalize the funding . available to counties to deliver those mandated services. 15 Nursing Facility Costs In 2002, legislation was enacted, effective January 1, 2003, requiring counties to be responsible for payment of 20 percent of the. non-federal share of costs for disabled persons under the age of 65 who remain in nursing facilities over 90 days. The additional cost to Anoka County in 2003 could be as high as $300,000 because this provision results, in a direct cost shift to the property tax system. It is thought that the intent of the legislation was to encourage stronger efforts by the counties to provide less costly housing and care environments for those who qualify. Yet, no analysis or sampling of affected persons has occurred by the Department of Human Services to correctly evaluate the scope and needs of this population group. The Anoka County Board of Commissioners joins with others in support of the following position: Counties should not be responsible for the cost of care for persons that chose not to leave the nursing home facility, or persons whose cost of care would be higher in a non-nursing home facility than that of a nursing home facility. Senior Services Anoka County provides a variety of senior services including vulnerable adult services, senior outreach and advocacy, chore services, senior companion program, health assessment and consultation, and housing assistance. It is projected that the Anoka County senior population age 65 and older is expected to increase 45.3 percent between the years 2000 - 2010. The population of age 85 and older is expected to increase 62.7 percent during this time period. There is very little state financial support for senior services. The Anoka County Board of Commissioners joins with others in support of the following position: The Minnesota Legislature partner and provide additional financial assistance to counties to serve the growing senior population. 16 Senior Living and Care Facilities With the growing senior population, more creative and less costly living arrangements need. to become available to enable seniors with deteriorating health to avoid costly institutionalization. The Anoka County Board of Commissioners joins with others in support of the following position: The Minnesota Legislature modify and enact laws and rules to create a more flexible care of housing system for seniors. Minnesota Family Investment Plan (MFIP) Employment Service Plan Exemptions Under MFIP rules employment plans are not required for clients who are. determined to be 'exempt'. Persons under MFIP who are 'exempt' include: 1. Caregivers age 60 or over. 2. Caregivers, who are temporarily ill, injured or incapacitated. 3. Caregiver whose presence is required because of illness, or disability of another member of the assistance unit, or a relative or foster child. 4. Caretaker of an ill or disabled child. 5. Caregivers wh.o are pregnant and unable t.o w.ork. 6. Caregivers .of a child under .one-year .of age (n.ot to exceed 12 m.onths in the life .of a case). 7. Caregivers who are experiencing a personal or family crisis that makes them incapable of participating. 8. M.onths the family is participating in At H.ome Infant Child Care (AHIC). The new Universal Participation and the Diversi.onary W.ork Program (DWP) require employment seNice plans be completed for almost all, new participants regardless of disability. Under Universal Participation and DWP there are no 'exemptions' from the requirement of having employment plans for pers.ons who are temporarily ill, injured .or incapacitated. Nor are there exemptions for those in categories 3 and 4 listed above.' The Anoka County Board of Commissioners supports and recommends that: The Minnesota Legislature allow 'exemptians' fram the requirement .of having an emplayment plan far DWP and Universal Participatian for thase . with disabilities' including: caregivers wha for mare than 30 days are suffering fram a prafessionally certified permanent .or temparary illness, injury, .or disability; caregivers with a child or an adult in the hausehald wha meet certain disability .or medical criteria; caregivers wh.ose presence in the hame is required because .of the professianally certified illness .or disability in the hausehald. 17 Emergency Assistance Program Effective July 1, 2003, the statewide Emergency Assistance Program was abolished and the funding was allocated to counties as part of the Minnesota Family Assistance Program (MFIP) Consolidated Fund, leaving the option for counties to design their own Emergency Assistance Program as part of this capped allocation. This program provides assistance in crisis situations (primary usage is for housing related crisis and utility costs). What will result now is eligible residents will no longer be treated in a consistent and similar fashion across the state as divergent eligibility criteria is developed by each county. In addition, a considerable amount of time has been added in administrative tasks. The Anoka County Board of Commissioners joins with others in support of the following: The Minnesota Legislature support efforts to revert the Emergency Assistance Program to a statewide program using funds in the MFIP Consolidated Fund and to allow the Commissioner of the Department of Human Services or a designee to modify eligibility factors to align with available funding and to administer the program. 18 Emergency General Assistance (EGA) Eligibility and Statewide Allocation As of July 2003, there is a capped allocation (by county) for Emergency General Assistance (EGA) benefits, and the only rule change is that issuance is limited to once every twelve months. Due to changes effective July 1, 2003, in the Emergency Assistance (EA) program there may not be EA eligibility due to income limits (statewide cap of 200 percent of poverty), but clients could qualify for EGA, as there is no income limit for EGA. This causes an increase in demand for EGA without an increased allocation. There is also an uneven demand from county-to-county. In order for the limited allocations to stretch, more consistent statewide parameters are needed that will bring fairness and equity to the distribution of emergency benefits. New guidelines should be developed which: 1. Establish an income standard of 200 percent of the Federal Poverty Guidelines (FPG). 2. Return to a statewide allocation creating a consistency statewide on eligibility rules and benefit issuance for all people across the state. If monies run out, shut the program down. 3. Allow for modification of eligibility rules to attempt to maintain the program within the allocated dollars on a statewide basis. 4. Require notification of counties when expenditures are within a certain percent of the allocation. The Anoka County Board of Commissioners joins with others in support of the f lIowing: The Minnesota Legislature establish new guidelines for the delivery of the Emergency General Assistance program including income standards, statewide allocation, modification of eligibility, and expenditure notification to counties. 19 Transfer of Elderly Waiver Management The 2003 Legislative session authorized the Commissioner of Human Services to transfer the management of the Elderly Waiver Program from the counties to the state contracted health plans. Unresolved issues remain, such as: . A number of the health plans have indicated non interest in serving this population. . No assurance against duplication, barriers, or coordination of service. . Safeguards developed to protect elderly population needs. The Anoka County Board of Commissioners joins with others. in support of the following position: The Minnesota Legislature study these issues and enact provIsions creating a fair management system which provides safeguards and access to services for the vulnerable elderly population. Meth Labs and Children There can be serious short- and long-term health risks to persons who are exposed to hazardous chemicals used in clandestine drug labs. Children are especially vulnerable. In many situations, they have been exposed over long periods of time to high concentrations of chemicals. When and how children are screened for health conditions and who determines when their home is deemed safe to re-habitat varies. Currently, there is a fragmented response follow-up with unclear authorities and responsibilities across different jurisdictions. The,Anoka County Board of Commissioners joins with others in support of the following position: Study and recommend, with other jurisdictions input, procedures and funding sources to protect children who have been identified as living in a meth lab site by providing health screening to determine any adverse health effects. 20 Funding for Battered Women's Shelters In the past, battered women's shelters were funded through a combination of block grants administered by the Minnesota Department of Corrections and the General Assistance Program (administered by the Department of Human Services), which paid for client room and board costs. In recent years, the Minnesota Department of Public Safety has administered funding for the shelters through a per diem system. Because of this change, battered women's shelters, including Alexandra House in Anoka County, have not received sufficient funding to cover their costs. The Anoka County. Board of Commissioners joins with others in support of. the following position: The Minnesota Legislature establish a per diem formula that provides adequate funding to operate battered women's shelters so that the needs of battered women and children are met. Mental Health Services for Children and Families Youth ages 16 through 21 years of age who have mental health issues are not receiving comprehensive programming and adequate community linkages. These clients are often caught between children's mental health programs and adult programs. Barriers exist when transitioning from one system to the other such as: differences in the diagnostic criteria, lack of funding for semi-independent or independent community based living, and the desire of clients to be fully independent atage 18. The Anoka County Board of Commissioners joins with others in support of the following position: The Minnesota Legislature promote and provide adequate funding for services for youth ages 16 through 21 years of age who have serious emotional disturbances, emotional/behavioral disorders,and other mental health issues. 21 Mental Health Continuum of Care There is a serious shortage of mental health professionals in Anoka County. Mercy Hospital closed its Adolescent Mental Health office due to lack of professionals to work in the setting. It currently takes up to six to eight weeks for clients to see a professional. There is a serious lack of culturally diverse providers to serve the immigrant population, as well. The Joint Anoka County Local Advisory Council and the Local Coordination Council for Children's Mental Health identified and recognized this problem. The county is impacted when children and families are not able to receive adequate and timely mental health services and, as a result, use expensive psychiatric hospitalization and out-of-home placements. The Anoka County Board of Commissioners joins with others in support of the following position: The Minnesota Legislature recognize the gap in mental' health services to children and families; explore the use of federal or state loan programs to encourage medical and behavioral health professionals to serve in mental health areas; increase medical assistance reimbursement rates to allow reimbursement for consultation with family practitioners and other providers; and adopt credentialing standards that do not exceed licensing standards. Dislocated Worker Program Funding The state Dislocated Worker Program provides job search and training assistance to laid off workers. This program is paid for by a surtax attached to the unemployment' insurance tax. The 2001 Legislature diverted a portion of that surtax to fund other services causing a shortfall in the program funding. The Anoka County Board of Commissioners joins with others in support of the following position: The Minnesota Legislature enact legislation re-dedicating the full amount of the unemployment insurance surtax to fund the Dislocated Worker Program. 22 State Funding for Anoka County Community Action Program (ACCAP) Operations Prior to this past legislative session, ACCAP received approximately seven percent of its $24 million budget from state sources. These grant sources include Economic Opportunity, Head Start services, child care resources, transitional housing, homeowner rehabilitation, homeownership counseling, manufactured housing revitalization, and senior core services. This past Legislature cut these funds by 28 percent or approximately $500,000. As a result, all grants to food shelves, low-income transportation, and other type partnership grants were discontinued. The Head Start program reduced its students by one class. The Anoka County Board of Commissioners joins with others in support of the following position: The Minnesota Legislature reinstate the funds cut from ACCAP for the core county community action program operations. Anoka County Community Action Agency Housing Under current state law, community action agencies are defined as units of government for tort liability purposes. Under this law, the community action program agencies can participate in the Minnesota Counties Insurance Trust, thereby realizing substantial savings in premiums. The law does not, however, extend to partnerships and other nonprofit subsidiary corporations organized and controlled by community action agencies. Federal law requires partnership organizational structure in order to receive tax credits. It is estimated that a savings of $100,000 per year in insurance premiums could be realized if the law was amended to include these partnerships and subsidiary corporations. The Anoka County Board of Commissioners joins with others in support of the following position: The Minnesota Legislature should extend tort liability limitations to low income housing partnerships organized and controlled by community action agencies. 23 CORRECTIONS Short- Term Felony Offenders As part of the budget balancing process, the 2003 Legislature enacted a provision that requires counties to house certain felony offenders, who were committed to the Commissioner of Corrections, in local jail facilities at county expense rather than in state-operated prisons. The measure applies to any felony offender with less than six months of actual time left to serve. Since enactment, Anoka County has already housed 19 offenders. It is estimated that in excess of 200 prisoners a day will be affected by this legislation. If the cost is $75 per day, the additional cost to the counties will be $5,475,000 per year. The Legislature authorized only $2.414 million in grants over the next biennium to offset the costs to the counties. This represents a direct cost shiftto the counties. The Anoka County Board of Commissioners joins with others in support of the following position: The Minnesota Legislature fully fund the cost to the counties to incarcerate short-term felony offenders and to not obligate counties to house additional offenders that should be in the state prison system. 24 PROPERTY RECORDS and TAXATION . Fee Increase for County Recorders Fees for recording documents in the county recorders' offices have not been increased for over 10 years, and the costs associated with processing these documents have risen steadily in that time. Recorders are facing the high costs of technology and of storage solutions that involve retaining electronic images of documents in perpetuity. Additionally, states are now exploring new technology and processes which would allow for electronic recording of documents, a customer friendly but technologically costly new initiative. The Anoka County Board of Commissioners joins with others in support of the following position: The Minnesota Legislature support a fee increase for the county recorders' portion of current recording fees. 25 PUBLIC SERVICES Rail and Transit The Twin Cities metropolitan area is the 15th largest. metropolitan area in the nation with a population of 2.9 million. Congestion levels are increasing and having diverse impacts on residents. It will be impossible to build enough roads to alleviate this congestion problem. A . comprehensive multi-modal approach is needed. The metropolitan counties have joined together to plan a comprehensive system for the entire region, which includes funding for highways, light rail, commuter rail, and buses. The United States Congress, with the strong leadership of our congressional representatives, has authorized full funding for light rail transit in the Hiawatha Corridor and commuter rail in the Northstar Corridor. Start-up funding has also been authorized for other corridors in the metro area as well. The Minnesota Department of Transportation (Mn/DOT) has completed a two-year study on commuter rail ranking the Northstar Corridor as the most promising cost-effective rail system. In 1999 the Minnesota Legislature passed commuter rail governance legislation giving Mn/DOT responsibility for construction and operation of commuter rail lines, and Congress approved additional funding for new rail starts. In 2000 the Northstar Corridor commuter rail project was rated "recommended" by the Federal Transit Administration (FT A) and given approval to begin preliminary engineering. No funding was provided in the 2001, 2002, or 2003 legislative sessions. Federal funding of 50 percent is earmarked for the project and 10 percent has been committed by the local county railroad authorities. The 40 percent state share is needed to begin the final construction phase for the Northstar Corridor commuter rail system. The Anoka County Board of Commissioners joins with others in support of the following position: The Minnesota Legislature: 1. Support a bonding request of $126.5 million for capital costs to develop the Northstar Corridor commuter rail from Minneapolis to Rice. 2. Support a dedicated funding source such as a one-half percent metro- wide sales tax and new license tab schedule to finance multi-modal corridors, as well asa variety of transit technologies including commuter rail, light rail, and busways. These revenue sources should be flexible enough to cover both capital and operating costs. 3. Support a sales tax exemption for commuter rail construction costs, car purchases, and diesel fuel. 4. Support a clarification of liability issues and insurance requirements relating to the construction and operation of commuter rail and needed adjustments in the transiVrail governance and finance structure. 26 NorthstarCommuter Coach The 2003 Minnesota Legislature passed a provision directing the Minnesota Department of Transportation to turn over the operation of the Northstar commuter coach service which runs from Elk River, stops at Riverdale, and onto downtown Minneapolis. The Northstar Corridor Development Authority (NCDA) has agreed to take over the operations for one year ending in September 2004. Appropriation of state funds will terminate September 2004; federal funding will continue until May 2005. The Anoka County Board of Commissioners joins with NCDA in support of the following position: Continue state funding in order to maintain the Northstar commuter coach service. 27 Highways Anoka County highways continue to experience a significant increase in miles driven. With an increase in pOpulation, automobiles, new housing starts, employment, and retail centers, the amount of traffic is expected to continue to increase ata rapid rate. Congestion and safety concerns result. Additional highway funding will be required to meet these needs. There needs to be a sufficient state source of funding for both highway construction/maintenance and bridge replacement/maintenance. Agequate planning and coordinating with the local municipalities and townships will be necessary to ensure that transportation needs are met. County State Aid Highway (CSAH) Distribution Formula The county highway system fulfills a vital role within the state's transportation system. This is especially true in Anoka County where the state system is concentrated along the east and south borders. The 45 year allocation formula no longer spreads the county state aid highway (CSAH) funds consistently with the changes in the economic and population landscape. Directing nearly $336 million (2003) annually, the formula is in dire need of reform. In fiscal year 2003, 26 counties received less than $100 per capita, 47 counties received between $100 and $300 per capita, and 13 counties received more than $300 per capita. Anoka County received approximately $21.51 per capita. The Anoka County Board of Commissioners joins with others in support of the following position: The Minnesota Legislature: 1. Support reform of the CSAH system for all funds over the current level of $336 million, which flow through the CSAH fund. The revised distri.bution formula must, more fairly and accurately, reflect current and future county population, travel demand, and needs. 2. Support a county transportation fund based on user fees including, but not limited to: (a) motor vehicle registration fee; (b) motor vehicle excise tax; (c) gasoline tax; (d) wheelage tax; and (e) non-traditional user fee revenues such as parking space development impact fees and vehicle mileage fees. 28 Redirect Undedicated Funds The Minnesota constitution dedicates gas tax and vehicle license fees to construction, repair, and operation of the state's roads and highway systems. The 2000 Legislature reduced transportation revenues by more than $320 million per biennium (via reduction in license plate fees) and replaced those funds with uncertain, non-dedicated general fund revenues. The Anoka County Board of Commissioners joins with others in support of the following position: The Minnesota Legislature redirect transportation revenues undedicated in 2000 and protect transportation revenues from future reductions. Sales Tax Exemption During times of past revenue shortfalls, the Legislature enacted law requiring local governments to pay sales tax on all purchases. Even during the recent times of prosperity, the state has continued this practice. The townships were provided an exemption for their purchases. Exempting road and bridge purchases from sales tax liability would be a modest step towards providing increased funding to improve our road systems, as well as stimulating a slowing economy. The savings to Anoka County would be approximately $250,000a year. The Anoka County Board of Commissioners joins with others in support of the following position: The Minnesota Legislature exempt county road and bridge purchases from sales tax liability. 29 Plat Review Anoka County is predicted to grow by an additional 100,000 people by the year 2025, resulting in further traffic congestion and increased pressure on existing highway infrastructure. Competition among communities will increase for a share of that growth, especially in the commercial/industrial area. Cities are often willing to compromise access issues onto county highways in order to attract commercial development. The Anoka County Board of Commissioners joins with others in support of the following position: The Minnesota Legislature amend statutes to require county review and approval of plats and major site plan approval prior to plat filing and before major traffic generating site plan approval, with the county having the right to review and require changes to: 1. Ingress and egress to and from county state aid highways (CSAH) and county roads. 2. Drainage from the development to county rights-of-way and to county ditches. 3. Safety standards. 4. Rights-of-way requirements along CSAH and county roads adjoining development. 5. Local road system integration with the county system. 6. Traffic impact on the county system. 30 Electric Utility Issues The Minnesota Executive Branch and Legislature have examined the issue of electric utility restructuring. Deregulation has caused significant problems in other states. The Minnesota Department of Commerce released a report indicating that the state will not move quickly to restructure, but does advocate changes in the state's current energy policy. The Anoka County Board of Commissioners joins with others in support of the following position: 1. Support and encourage the use of distributed generation as a new source of power, the streamlining of generation and transmission citing process, and assistance in addressing statewide capacity needs, as well as working with other stakeholders to guarantee a sufficient supply of natural gas to meet the needs in the metropolitan area. 2. Support, as a renewable resource, the use of municipal solid waste or refuse derived fuel in waste-to-energy facilities and landfill gas recovery projects. . 3. Oppose deregulation of the electric industry. Minnesota should first determine its long-term energy policy and then determine which elements of deregulation, if any, can help in meeting the state's energy needs. 4. Oppose repeal of the utility personal property tax unless it is replaced by the state in such a way that local government tax base and bond ratings are not adversely affected. 31 Utilities in Rights-of-Way Historically, Minnesota utilities have enjoyed the use of public rights-of-way with reasonable fees or at rio cost, with the understanding and agreement that any relocation costs deemed necessary by the road or governing authority would be born by the utility. The issue of free or franchised use of public rights-of-way has been discussed in the context of deregulation of electric utilities. In addition, recent rail construction negotiations requiring relocation of utilities have brought the issue to the forefront. In the 1999 legislative session, bills were introduced and heard that would require payment to the utilities for relocation costs on a light rail project. This would set a costly precedent for future public projects. The Anoka County Board of Commissioners endorses the following positions with respect to utility placements in public rights-of-way: 1. Support retaining county and other local units of government full authority over rights-of-way under their jurisdiction. 2. Support and encourage adoption of standard fee schedules for local units of government to charge for placement of utilities in rights-of-way. 32 PARKS and RECREATION Parks and open spaces are an important resource for the residents of Anoka County. Anoka County owns and operates 9,600 acres of park land, consisting of nine regional parks, three regional trails, and eight county parks. Regional and county parks and trails attract users across tax jurisdiction boundaries and from outside the metro area taxing authority that exceeded 30 million in the metro area. Total number of visits to the park system, including county parks, was 3,000,000. Metropolitan area residents pay approximately 94 percent of the cost to operate and maintain the 46 regional parks and 12 regional trails located in the metropolitan area. The 1985 legislation creating the Metropolitan Parks and Open Space System authorized the Legislature to fund operations and maintenance of regional parks at 40 percent of the total operating cost. Historically, operations and maintenance funding has fallen significantly short of that target A partnership including the Minnesota Legislature, Metropolitan Council, Legislative Commission on Minnesota Resources (LCMR), Minnesota Department of Natural Resources (DNR), and implementing agencies, is necessary to accomplish the needs of the regional and county park system. The Metropolitan Council's Regional Recreation Open Space Capital Improvement Program (CIP) should continue to pursue a strong funding source, which includes state bonds, LCMR grants, and regional bonding to meet the needs for acquisition, development, and redevelopment of the regional system. Emphasis should continue to be placed on renovating an aging infrastructure, as well as the expansion of regional trails to meet the growing demands of the public. The Minnesota DNR should be supported in state funding of grant programs to local units of government including the outdoor recreation, cooperative trails, public water access, conservation partners, natural and scenic areas, and the metropolitan greenways grant programs. The Anoka County Board of Commissioners joins with others in support of the following requests for projects in the 2004 Capital Investment bill: 1. The Minnesota DNR request for state bonding of $500,000 for Natural and Scenic Area Grants, and $500,000 for Local and Regional Trail Grants. 2. The Metropolitan Council request for state bonding of $10,466,000 million to the Metropolitan Council for regional park improvements. Of this amount, Anoka County would receive 100 percent funding for the redevelopment of picnic facilities at Bunker Hills Regional Park totaling $853,000, and 100 percent funding for the acquisition of 543 acres of land within the master plan boundaries of Rice Creek Chain of Lakes Regional Park Reserve totaling $800,000. 33