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HomeMy WebLinkAboutWK March 27, 2007 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US City Council Workshop Tuesday, March 27, 2007 Conference Rooms A & B 1. Call to Order-7:00 p.m. 2. Discuss Passenger Rail - Resolution of Support - Administration 3. Railroad Quiet Zone/Wayside Horns Update/06-1 0 - Engineering 4. Review Sunshine Park Concession Proposals - Administration 5. Discuss Open Space Referendum & Commission Creation - Administration 6. Discuss Fire Relief Association Board Member Appointment - Administration 7. Wi-Fi Progress Update - Administration 8. 2008-2012 Capital Improvement Plan Guidelines - Administration 9. 2008 Operating Budget Guidelines Discussion - Administration 10. Code Enforcement Policies - Community Development 11. Other Business 12. Adjournment @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Discuss Passenger Rail Resolution of Support - Anoka County Regional Rail Authority (Tinklenberg Group) DATE: March 27, 2007 INTRODUCTION At the March 6th Council meeting, Elwyn Tinklenberg of the Tinklenberg Group, representing the Anoka County Regional Rail Authority (ACRRA), made a presentation to the Council on future initiatives of the Authority, particularly as it would relate to passenger and inter-city rail services and how those initiatives could impact the City of Andover. DISCUSSION Representing the Anoka County Regional Rail Authority, The Tinklenberg Group has been charged with developing a grassroots effort to plan for and implement commuter and inter-city rail services between the Twin Cities and Duluth. This work involves engaging communities, counties and the general public along the Cambridge Corridor to generate support for the initiative as well as to recognize and capitalize on the opportunities rail service can provide for economic development and enhanced quality of life. After the ACRRA presentation at the March 6th Council meeting. there were a number of questions that various Council members wanted answered before considering supportinf]: a resolution of support for "Duluth to Twin Cities Passenger Rail Service". To provide further details on the proiect and answer questions. the Tinklenberg Group will be present at the March 27th workshop. Also attached is correspondence received from the Tinklenberg Group that answers some of the Council's questions and is intended to assist with the discussion on determininf]: if there is Council support for a resolution of support. ACTION REOUESTED The Council is requested to review the attached material, receive a presentation from the Tinklenberg Group, and discuss whether or not the Council would want to support a resolution of support for "Duluth to Twin Cities Passenger Rail Service" at the April3rd regular City Council meeting. ---- Attachments The Tinklenberg Group MEMO TO: Jim Dickinson, City Administrator City of Andover FROM: Elwyn Tinklenberg, President The Tinklenberg Group DATE: March 22, 2007 RE: Twin Cities - Duluth Passenger Rail follow up I would like to thank you for taking the time to include The Tinklenberg Group on your city council agenda March 6th and allow us to present information relative to the Twin Cities - Duluth Passenger Rail project. This was the first opportunity for the majority of Andover city leaders to hear about the project, and a number of questions and concerns were raised as a result that I would like to address. It is important to point out that while the length of time to actually implement passenger rail service in this corridor is fairly short in comparison to other rail projects in Minnesota, this line is still only in its initial "grassroots" phase of implementation. As I mentioned in my comments, a coalition is being formed that will lead the planning and hopefully construction efforts. The first meeting of the coalition group is scheduled for the end of this month. To that end, the majority of the detailed questions raised by council members will be addressed as part of the work the coalition will be undertaking. It is most understandable that the concerns relative to cost, train speeds and scheduling would be areas of concern for community leaders, and those and many other questions will be need to be answered as. we move forward. Obviously, its impossible to have all those answers this early in the development process, nor would it be responsible to develop those answers without the kind of broad public input and engagement process that is being proposed for this corridor. I've provided the following information in an attempt to clarifY and address some of the comments we heard, but also recognizing that a great deal of work will need to be done. The differences between "commuter" rail and "inter-city" rail can often be confusing. Commuter rail usually serves suburban communities with a large number of residents who commute to the central business district of a region. "futer-city" rail provides longer distance trips than commuter rail with fewer stops between. The intent for the Twin Cities - Duluth corridor is to integrate these two types of services over time and offer a combination on one rail line that provide savings in operating costs, increased travel options and overall investments, however, the commuter rail component of the service is not anticipated to be started until several years after the initiation ofthe passenger service No commitment or financial contribution is being requested from the City of Andover at this time. The Coalition that is being proposed at this time would be structured to include a "governing board" made up of counties located along the line. This governing board would provide over sight and direction to the effort and would establish an ongoing organizational structure and a budget. As I stated earlier, the coalition is meeting for the first time later this month. It has also been proposed that a "general assembly" made up of any or all agencies and/or individuals (including the private sector) with an interest in the Twin Cities - Duluth Passenger Rail Corridor would be convened to provide for the broadest possible input and communication. from all interested parties along the corridor. The Resolution of Support that was provided as part of the materials we distributed at the meeting is simply an example for Andover to consider, and at this time we are merely seeking support for the concept of. implementing passenger rail along the corridor. It can be modified to suit whatever community leaders feel is appropriate. We will continue to offer updates and information to all communities along the rail corridor to keep interested parties apprised of progress and future plans. I realize this does not address the specific questions regarding travel speeds, costs to the City, and details regarding operations and service, but these are all details that will be analyzed as part of the feasibility studies and planning phases to come. Our presentation was intended merely as an overview of what passenger rail service could look like in this corridor, and as an opportunity to gauge interest in gathering the additional information necessary to address exactly the questions your council.is asking. Thank you again for allowing us to share information about what is a very promising and realistic transportation option for residents and businesses in Anoka County, and our enthusiasm for what many believe to be the economic and development opportunities this service would bring to its communities. City of Andover, Minnesota Resolutiou of Support For Duluth to Twin Cities Passenger Rail Service WHEREAS, the City of Andover is a political subdivision and local government unit of Minnesota organized/operating under the laws of the State of Minnesota; and WHEREAS, the City of Andover has knowledge of efforts underway to restore passenger railroad service between Duluth and Twin Cities; and WHERAS, the City of Andover recognizes the significance of passenger rail service and other transportation modes throughout the State of Minnesota; and WHERAS, the City of Andover believes passenger rail service between Duluth and Twin Cities will benefit the region of Minnesota that includes the City of Andover providing convenient, efficient and dependable travel. NOW, THEREFORE, BE IT RESOLVED that the City of Andover hereby supports and endorses restoration of passenger rail service between Duluth and Twin Cites (Mayor/Councilmember) Councilmembers upon the following vote: , supported by , moved acceptance of this resolution and passed Yeas: Nays: Adopted this _ day of 2007 Signature @) 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US CC: Jim Dickinson, City Administrator TO: Mayor and Council Members FROM: David D. Berkowitz, City Engineer SUBJECT: Railroad Quiet Zone/Wayside Horns Update/06-10 -Engineering DATE: March 27, 2007 INTRODUCTION Two projects that staff has been working on to reduce train noise within Andover are the Wayside Horns at Andover Boulevard and Crosstown Boulevard and the Railroad Quiet Zone at Bunker Lake Boulevard. DISCUSSION Update on Wayside Horns: Staff submitted a redlined copy of the Wayside Horn Agreement to Burlington Northern/Santa Fe Railroad (BNSF) on March 2nd. As of the time the Council packet went to print no response has been received from BNSF. BNSF has provided staff with the cost to convert the interconnects at Andover and Crosstown Boulevards to Constant Warning Time (CWT) which is required for the Wayside Horns. When the diagnostic team met back in November of 2006, BNSF identified the cost to convert the interconnects to be within a range of $5,000 to $15,000 for each crossing. When the estimated total cost was presented to the City Council in November, the conservative cost of $15,000 for each crossing was used for the interconnect portion of the estimate. At that time BNSF did not take into consideration the side track (referred to as siding). Both siding tracks must be converted from Motion Sensor (MS) to CWT for the Wayside Horns to function properly. The cost to convert the Andover crossing and siding track so that they interconnect with the Wayside Horn is $78,259. The previously estimated Wayside Horn project cost for the Andover Boulevard crossing was $98,500. With the additional interconnect work, the revised estimated project cost is $170,000. The cost to convert the Crosstown crossing and siding track is $85,286. The previously estimated project cost was $81,000. The revised estimated project cost with the additional interconnect is $160,000. Railroad Controls has reviewed the cost estimate from BNSF and feel that the estimated cost is in line with the work that needs to be completed. Refer to the attached letter for Railroad Controls comments. Mayor and Council Memb(!rs March 27, 2007 Page 2 of2 Railroad Quiet ZQne at Bunker Lake Boulevard: Staff continues to work on the plans for the Railroad Quiet Zone at Bunker Lake Boulevard. Staff has met with Anoka County to discuss design criteria. When the plan is 90% complete it will be submitted to the ACHD and State Aid for review. The plan should be completed in late spring/early summer. We anticipate construction to begin in late summer. Dave McKenzie with SEH will assist the City with the Federal Railroad Administration's requirements to create a Railroad Quiet Zone. ACTION REQUIRED This is an update on the status of Wayside Horns and Railroad Quiet Zone. No action is required at this time. Respectfully submitted, GJ..,.;efJ .~ David D. Berkowitz Attachments: Letter from Railroad Controls II~ March 9, 2007 Mr. Dave Berkowitz City Engineer City of Andover 1685 Crosstown Blvd. NW Andover, MN 55304 Re: Increased Costs for Wayside Horn Interconnection Mr. Berkowitz: This letter's intention is to address the increased costs associated with the interconnection of the Wayside Horns to the BNSF Railway's crossing warning circuitry at the Andover Boulevard (DOT 061578J) and Crosstown Boulevard (DOT 061580K) highway-rail grade crossings. As part of the process to install Wayside Horns a diagnostic team review is required. The diagnostic team review was conducted at the two locations on November 8, 2006. The diagnostic team consisted of representatives from the City of Andover, Anoka County, Minnesota Department of Transportation, BNSF Railway and RCL. The purpose of the diagnostic team review was to discuss the placement ofthe Wayside Horns and Quiet Zone Indicators and the cost to interconnect the Wayside Horn to the BNSF Railway's crossing warning systems. The initial cost estimates for the interconnection provided by the BNSF Railway, during the diagnostic review, was stated to be between $5,000 and $15,000 per crossing. The representative from the BNSF Railway stated that it would be necessary to obtain an actual estimate from the BNSF Railway Signal Department. The City of Andover then requested the BNSF Railway for actual estimates for the interconnection of the Wayside Horn. RCL was then requested by the city to provide an estimate for material and installation of the. Wayside Horns. The material and installation estimate for Andover Boulevard was $65,373 and for Crosstown Boulevard $55,733. For budgetary purposes the City of Andover anticipated the BNSF Railway interconnection costs for each crossing to be $15,000 and added anticipated plan review costs and indirect costs bringing the project cost for each crossing to $98,500 (Andover Boulevard) and $81,000 (Crosstown Boulevard) respectively. RAILROAD CONTROLS, LP 7471 Benbrook Parkway Benbrook, TX 76126 Phone (817) 820-6300 Fax (817) 820-6340 In recent weeks the BNSF Railway provided estimates for the interconnections back to the City of Andover. The estimates provided for the interconnection ofthe Wayside Horn at the Andover Boulevard crossing was $78,259 and Crosstown Boulevard crossing $85,286. These estimates were significantly higher than the figures provided by the BNSF Railway during the diagnostic team review back in November. The reason given for the significant increase was due to the fact that additional circuitry was required in order to interconnect the Wayside Horns. ' Both the Andover Boulevard crossing and the Crosstown Boulevard crossing have two tracks. There is a main line track and a siding track. The main line track is equipped with the required warning circuitry to properly interconnect the Wayside Horn, but the siding track will need to be upgraded. Initially the BNSF Railway indicated that both tracks were equipped with the proper warning circuitry. Upon review by the BNSF Railway signal department it was discovered that this was not the case. RCL feels that the estimates provided by the BNSF Railway are reasonable. In order for the Wayside Horns to be interconnected properly these upgrades are required. If you have any questions or require additional information please do not hesitate to contact me at (817) 820-6347. Best regards, RAILROAD CONTROLS LIMITED P I-t/ii;)? Robert Albritton National Sales Manager RAILROAD CONTROLS, LP 7471 Benbrook Parkway Benbrook, TX 76126 Phone (817) 820-6300 Fax (817) 820-6340 (1) 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: Review Sunshine Park Concession Proposals DATE: March 27, 2007 INTRODUCTION The Sunshine Park concession contract with C & H Enterprises expired October 31,2006. City staff conducted a final inspection in late November and the deposit was returned to C & H Enterprises. On January 2,2007 the City Council authorized staff to do a Request for Proposals (RFP) for the concessions at Sunshine Park. DISCUSSION The expired contract with C & H Enterprises was for three years (2004, 2005 & 2006). Staff recommended that the City do a Request for Proposals (RFP) for the concessions at Sunshine Park and evaluate proposals before entering into another longer term contract. The results of that process along with the RFP are attached for the Council to review. Proposals were received from the following organizations: I. Andover Athletic Association 2. Andover Baseball Association 3. C & S Concessions, Inc. 4. Andover Community Center ACTION REOUIRED The City Council is requested to review the attached proposals and provide direction to staff on how to proceed. Ideally staff would like to have a proposal accepted at the April 3rd regular City Council meeting. 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US REQUEST FOR PROPOSAL EXCLUSIVE CONCESSION RIGHT AND PRIVLEEDGE TO OPERATE CONCESSIONS FOR THE SUNSHINE PARK BALL FIELD COMPLEX LOCATED IN THE CITY OF ANODVER The City of Andover is requesting proposals for concessions services for its Sunshine Park ball field complex. Ibis proposal will grant the vendor exclusive rights for up to 3 years. Proposals will be evaluated on the percentage of profits, rental funds, quality of service and any other incentive the vendor can provide to the City to consider on this contract. Length of Agreement Up to three years from the signing of the agreement, this is anticipated to be in late March 2007. Equipment Service Sunshine Park will provide equipment and fixtures such as a three-compartment sink, hand sink, refrigerator, freezer, ice machine and counters. The City expects that the successful respondent will provide all other necessary equipment associated with this proposal to operate concessions at no cost to the City. The equipment must be of the latest design and meet all applicable health codes. The blend of products will respond to the tastes of the customers at Sunshine Park. Concession Proposal The respondent must include the following in the proposal: . Formal business name, main contact person, telephone, email, & tax identification. . Clearly indicate the length of the proposed agreement . A complete list and description of products (no alcohol or tobacco products). . A description of other related equipment. . Describe the process for delivering concession services (staffing). . Describe your ability to provide continual service with products and/or equipment in case of failure or breakdown of equipment. . Provide information on rent proposed and/or profit sharing. C0 REQUEST FOR PROPOSAL EXCLUSIVE CONCESSION RIGHT AND PRIVLEEDGE TO OPERATE CONCESSIONS FOR THE SUNSIDNE PARK BALL FIELD COMPLEX LOCATED IN THE CITY OF ANODVER A copy of a sample contract is attached and further details can be obtained by contacting Lee Brezinka, Finance Manager, at 763-767-5 II 5 or Ibrezinka@ci.andover.mn.us. Proposals must be received by 12:00 noon on Wednesday, March 19,2007. The City reserves the right to reject any and all proposals. @ '" - = '" o l:l.. o ~ - ril~ ;> ~ 0.- ~ ~ :z: ~ -< = o roo.U O~ ;;.. - Eo-< = ....~ U ~ .- .::l '" = := V'1 Cl)~ . .9 ~ ~.Ef rn ~ >. :;;!'J'~OCl)""""""'M ..... ~ 0 .... 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N is ~.~ oo..~ ;...: --- e ~ ~ 0 PROPOSAL TO OPERATE CONCESSIONS AT SUNSHINE PARK IN ANDOVER March 19, 2007 prepared by NDOVER ~~Loc~r!~ (5) Andover Athletic Association 1685 Northwest Crosstown Blvd. Andover M N 55304 Tax Exempt Certificate # ES 29912 Contact Kelly Gothier 763-427-7351 W612-336-7512 Email: kgothier@comcast.net Contract length 3 years. Our commitment to concessions quality Volunteers from the Andover Athletic Association helped plan and build Sunshine Park, including 4 current members who, along with the 8 other members, are very committed to the continued growth and success of all activities at Sunshine. Our girls and co-ed softball leagues have grown to 50+ teams strong and is currently the primary user of all Sunshine fields from May to mid August. No one is more interested in maintaining the level of quality at Sunshine Park than the Andover Athletic Association. Our menu would continue to include, but not be limited to: corn dogs, hot dogs, brats, polish sausage, hamburgers, subs, soft pretzels, wraps, nacho's, popcorn, chips, pastries, cookies, ice cream products, snack items, candy, soft drinks, coffee, hot chocolate and bottled water Concession equipment We would purchase or rent all equipment needed to serve the menu items listed. All equipment would be NSF rated and meet health department regulations. In the case of equipment breakdown, we would be responsible to replace or repair the equipement in a timely manner and maintain the menu list. Equipment includes: food warmers, freezer, display cases, beverage dispensers, utensils and all paperware. CY Staffing During all weekend tournaments, either our primary manager or our assistant manager would be working with 2 additional helpers. On weeknights, depending on the number of games and fields used, 1-2 people would be scheduled, with at least one of the scheduled workers having no less than 12 hours experience. Rent Our goal in managing concessions is to maintain a quality level that Andover residents and visiting teams have grown to appreciate while continuing to raise funds for future improvements at Sunshine Park and other Andover facilities. Therefore we would propose a monthly rent payment of $200 for the first year, and $250 for the second and third years. As the primary user of the park, and with our members at the fields most of the time anyway, it makes the most sense for the city, the players, and the parents to have the Andover Athletic Assocaition in charge of concessions at Sunshine. I encourage you to ask the city maintainance guys, from their experience, what association would more Iikey keep the Sunshine grounds and restrooms cleaner and ask yourself, what association is more motivated to protect what they helped built in the first place. @ ....SSc::>CI....TJC>N Concession Stand Proposal Contact Person Joey Deitz - ABA President 763-757-5896 Home 952-888-2772 Work 612-987-8884 Cell Contract Length Agreement term of 3 years - May 1 sf, 2007 - October 31 sf, 2009 Andover Baseball Association (ABA) will have exclusive rights and privilege to operate concessions for Sunshine Park ball field located in Andover for a period of 3 years. Concessions will be run at the complex during the term of this agreement including days, evenings and weekend games as needed. A minimum of 5 tournaments are guaranteed through the city of Andover. Andover Baseball will have exclusive rights and privileges to operate concessions for Sunshine Park ball complex located in Andover, Minnesota. Hours of Operation Monday - Friday 5:00 pm - 10:00 pm Saturday - Sunday 8:30 am - 10:00 pm Product List & Description Items to be sold will include but not limited to: hot dogs, polish sausage, bratwurst, hamburgers, buns, chips of wide variety, nacho cheese and chips, coffee, hot chocolate, soda/pop, cappuccino, hot tea, Gatorade/PowerAde sports drinks, water, peanuts, sunflower seeds, candy bars of a variety, popcorn, necessary condiments such as ketchup, relish, mustard, onions,; soft pretzels, bubble gum, chewing gum, candy such G) as, but limited to M&M's, Skittles, LaffyTaffy, Mike & Ikes, Nerds, Runts, Gummi candy, licorice, soup, chilL beef jerkey, popsicles, ice cream sandwiches and other frozen treats. Equipment ABA will supply . popcom popper . grill roller for hot dogs . microwave . hamburger warmer . pop dispenser . pretzel warmer . coffee brewer . cappuccino brewer Sunshine Park will provide equipment and fixtures such as a three- compartment sink, hand sink, refrigerator, freezer, ice machine and counters. Concessionaire will provide all other equipment necessary to operate concessions. The City will be responsible for all utilities costs of existing utilities including monthly heat,. gas, electricity, water, and garbage at Sunshine Park. The City will be responsible for all restroom supplies. staffing ABA will hire and train one concession manager to run and operate the concession stand. Supporting staff will consist of volunteers from the baseball organization and supporting organizations in the area. We will also hire and train paid staff to help fill in as needed. Continual Service Proposal We have the resources within the organization to reach out and find back-up equipment and/or resources to purchase additional equipment if needed. Rent ABA would pay the city 10% of the net profits up to $1,000.00 per month for 6 months, net profits exceeding $30,000 a $5,000 donation to City for additional resources for existing fields, to purchase fencing, sprinkler systems etc. Sponsoring association of weekend tournaments will be given revenue sharing. Revenue sharing will be 10% of the net sales over $2,000 for the weekend tournament. ~ ABA has a goal of strengthening our community by improving one field per year to make our baseball fields the best in the northern suburbs. Some of the parks are great but the ball fields need help and it is our focus to improve them with such ideas as irrigation to better our city fields. other Commitments ABA will be responsible for keeping premises occupied clean and well maintained. Concessionaire will be responsible for complex grounds and facility cleaning (including restrooms) during weekends. ABA shall be responsible for shutting down and cleaning concession facility within fifteen (15) days of closing the season. Concessionaire will be responsible for notifying the City when the concession facility is emptied and cleaned. An inspection will be scheduled at this time with Concessionaire present during inspection. ABA will be responsible for all local, county and state licenses/permits needed to operate concessions. Such licenses/permits must be conspicuously displayed on the concession premises. ABA will provide a certificate with the following types and amounts of . insurance: Public Liability - $1,000,000 Property Damage - $100,000 ABA will provide a damage deposit of $500.00 payable to the City of Andover ten (10) days before opening the season, to be returned upon final inspection by City of Andover employees. (9) PROPOSAL TO OPERATE CONCESSIONS AT SUNSHINE PARK IN ANDOVER 1.) C& S Concessions, Inc. 1309 Roosevelt Street Anoka, MN 55303 Fed. Tax ID 41-1778904 State Tax ID 2702785 Contacts: Corey Coons Sharon Coons 612-250-8865 612-272-5750 Email: cordog1955@vahoO.COID 2.) CONTRACT LENGTH We are proposing a contract for a 3-year period. 3.) MENU PRODUCTS We have operated the concessions at Sun Shine Park for the last 9 or 10 years and have developed a product mix that has been requested by the sports organizations that use these fields. These products include but are not limited to: hot dogs, polish sausage, corn dogs, burgers, sandwiches, subs, wraps, salads, nacho's, soft pretzels, popcorn, chips, muffins, cookies, snack items, wide variety of candy, wide variety of soft drinks both fountain and bottled, wide variety of ice cream products. We have tried to add new products each season to continue to have varied product offering and will continue to do so. @ 4.) CONCESSION EQUIPMENT Since we have operated the concessions at Sunshine Park for so long we have accumulated a large amount of equipment to provide high quality and continuous operation. All of our equipment is NSF rated and meets all health department regulations. We have back up equipment for all of our needs. This equipment includes: food warmers, food display cases, freezers, beverage dispensers, smallwares and utensils. 5.) STAFFING Since the concessions operation is so cash intensive we have always tried to a have some family members on our staff. We also hire seasonal help from the sports organizations and the community to fill out the rest of our staffing needs. We feel we can have a better quality of service by having consistent labor that is properly trained versus having different volunteers working each day or week. 6.) RENTAL PAYMENTS 2007 2008 2009 MAY 15 394.00 401.00 410.00 JUNE 15 394.00 401.00 410.00 JULY 15 394.00 401.00 410.00 AUG 15 394.00 401.00 410.00 SEP 15 394.00 401.00 410.00 OCT 15 394.00 401.00 410.00 TOTAL $2364.00 $2406.00 $2460.00 @> We base these rental payments on the past performance, the loss of week-end cleaning contract and the loss of use by the Baseball Association with the opening of there new park. We have attempted to implement a profit sharing program with the sports organizations in the past hoping it would encourage these organizations to support the concessions and not bring food and beverages into the park. This did not turn out to be the case. The organizations continued to bring food and beverages into the park and we still had to share the profit, it was a losing proposition for us. Based on this we would not be willing to participate in a profit share program again. As I have said earlier we have operated the concessions at Sunshine Park in Andover for the past 9 or 10 years. We have developed a reputation for providing a wide variety of high quality products at a fair price. We have staffed the facility in such a way as to move the people through with as little wait as possible. We have had children in the sports programs over the years and we still have a daughter that plays at Sunshine Park. We have always tried to do what is in the best interest of the participants while operating the concessions. Because of this we have not charged the high prices like many other concession stands while trying to manage a modest profit. If given the opportunity we will continue with this philosophy when operating the concession at Sunshine Park. @ The Andover Community Center is happy to submit the following proposal for operating the concessions at Sunshine Park. The concessions would be open and staffed according to the hours in the RFP. Adjustments would be made once event schedules are reviewed. The City of Andover would be responsible for insurance arid all accounting. Staff would run daily reports and all deposits would run through the finance department. The concessions would offer hot dogs, brats, nachos, soda, hot chocolate, coffee, candy, popcorn, and ice cream, along with many other items. BREAK DOWN 3-year contract. 90% of net sales would remain at Sunshine Park 10% of net sales would go to the ACC for Administration Zero Profit Sharing Erick Sutherland Facility Manager - Andover Community Center @ 0000 0000 06.00 (") LOCO ('\I ,ro' -(0;- 0) T-' 00'00 qqoo 0000 o LO 00. (")('\1. ClC!; ClC!; ....- -':--~',~ o 0) q~~~~~ liS u.. u.. u.. u... u.. .~ E.'7E.'7.E.'7E.'7E.'7E.'7E.'7E.'7E.'7 0) Gl 0> " rn ci. ,~ .g ro GlN'- .!!!lfl.o CD L. -0 L.fi)p:_ ;m'oo. GI 0) C. '- '- .>. (1) '(1) ~ '-(1) ,>"'C> z 8:lif~ (1) ;!!!..~ lD '- C '- (1). 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WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Discuss Open Space Referendum & Commission Creation DATE: March 27, 2007 INTRODUCTION On November 7, 2006 the Andover voters approved the "Preservation of Water, Wildlife, and Natural Habitat Areas" ballot question. With this approval the City council has the ability to levy taxes to meet what was identified in the approved ballot question below: "Shall the City of Andover, Minnesota, be authorized to issue its general obligation bonds in an amount not to exceed $2,000,000 to finance the acquisition of land from willing sellers for the preservation of natural areas, water and air quality and wildlife habitat? Spending would be subject to an annual audit." DISCUSSION To assist in making the next steps I anticipate that the City will want to utilize a number of resources along the way such as the Trust For Public Land, DNR and the Anoka County Soil and Water Conservation District to prepare for the purchase or preservation process. It is also anticipated that the City Council will want to start the process of advertising for and ultimately interviewing individuals to serve on a City of Andover established commission to assist the Council. With Council concurrence. an advertisement seeking "Open Space Commission" applicants will be placed in the next newsletter. Interviews would be scheduled in early June and the Commission would be in full operation by July. Council concurrence on how many members the council wants to make UP the Commission is also sought. Five. Seven. etc.? Staff has been reviewing materials from a number of communities/counties that have implemented open space referendums and will provide these materials to the newly created Commission to help the new Commissioners to hit the ground running in July. The first recommendations that will likely be sought from the Commission to the Council are as listed: 1. Types of properties to be purchased. 2. When should the first referendum levy start? 2008? 3. How will an appropriate value be placed on the purchases? 4. Are outside consultants needed to accomplish the tasks? ACTION REOUESTED The Council is requested to discuss the timing of the implementation of the ballot question, identify concerns or desires the Council may have as the implementation proceeds, and decide the make up of a commission. '- (9 CITY OF NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: Discuss Fire Relief Association Board Member Appointment DATE: March 27,2007 INTRODUCTION At the March 6th City Council meeting the Council approved by-law changes for the Andover Fire Relief Association. One of those changes was the addition of the appointment of a City Councilmember to the relief association board. DISCUSSION The Council directed staff at the March 6th meeting (minutes attached) to place the appointment of a City Councilmember to the Andover Fire Relief Association on a future workshop as an agenda item. Also attached to this staff report is a copy of the Andover Fire Relief Association By-Laws with the changes made at the March 6th Council meeting. ACTION REOUESTED The Council is requested to discuss which member ofthe Council will serve on the Andover Fire . Relief Association Board. '--- Attachments March 6th City Council Minutes Andover Fire Relief Association By-Laws Regular Andover City Council Meeting Minutes - March 6, 2007 Page 5 1 APPROVE BY-LAWS CHANGES FOR FIRE RElieF ASSOCIATION 2 3 Frre Chief Winkel stated the Andover Firefighter Relief Association has discUssed with the active 4 members proposed changes to the Firefighter Relief Association By-Laws that were approved in 5 concept by State Legislators during the 2006 Legislative session. The new language is consistent 6 with what the State Pension Board also approved for Firefighter Relief Associations Pensions. 7 8 Councilmember Jacobson asked on Clause C, second line, it says "except for Item r'. There is an 9 exception for Item I and there is no Item 1. He wondered what this is. ChiefWmkel stated Item I in lO their By-Laws says you have to be at least fifty years of age and is part of the eligibility requirements 11 to collect a pension. 12 13 Motion by Knight, Seconded by Trude, to accept the proposed changes to the By Laws of the 14 Andover Firefighter Relief Association and authorize the City Attorney to update Clause E. 15 16 Councilmember Jacobson wondered if the City Attorney has looked at this. City Attorney Hawkins 17 indicated he has. Chief Winkel stated the City Attorney had some good questions regarding Clause 18 C and Clause E. He asked if a deferred member cOuld invest his or her dollars in an IRA and the 19 answer is no. You cannot collect it until age fifty. 20 21 Councilmember Trude wondered if you cannot use Clause E for an IRA, would it go back to Clause. 22 C, where they still accumulate interest. City Attorney Hawkins stated he is concerned the way it is 23 written vvhether or not you could transfer your benefit even though you are not eligible to receive it 24 through an IRA. 25 26 Councilmember Jacobson thought they could approve this subject to review by the City Attorney. 27 28 Motion carried nmmimously. 29 30 Councilmember Jacobson stated they also need to point someone from the City Council to sit on 31 the Board. ~ayor Gamache thought they should put this on op as an item. 32 33 34 CONSIDER SKETCH PLAN/14430 CROSSTOWN BOULEVARD NW 35 36 Community Development Director Neumeister stated the property owner would like to construct a 37 new home on the subject property that would contain an additional dwelling unit for rent. This is 38 considered a multi-family structure. By applying for sketch plan review the applicant is attempting 39 to get a reaction to whether the necessary approvals described in the report would be supported. 40 41 Mr. Jack Noedl, MK Financial stated he is representing the owner of the property, Mr. Steven Butler 42 at 14430 CrosstO'WIl Boulevard NW. He gave a brief background of the property. 43 44 Mayor Gamache wondered if the front of the home will face Crossto'WIl or Osage. Mr. Noedl stated BY-LAWS of the ANDOVER FIREFIGHTERS' RELIEF ASSOCIATION INe. ARTICLE I Membership Section 1 Any regular active or probationary member of the Andover Fire Department who is under 65 years of age shall be eligible to apply for membership. Section 2 Application for membership may be made at any regular or special meeting of the Board of Trustees, and then laid over for one-month consideration. DUring this time, the Board of Trustees shall conduct an investigation to determine if the applicant, due to some medically determinable physical or mental impairment of condition, would constitute for the association a predictable and unwarranted risk of liability for benefits at an age earlier than the minimum age specified for receipt of a service pension. If no such impairment or condition exists, the board of trustees shall appoint the applicant to membership in the association. Section 3 Resignation or expulsion from the Andover Fire Department shall terminate the membership of the member so resigning, expelling or removed; provided, however, that any member who has served for at least the minimum number of years required by Article IX of these By-Laws for vesting of pension rights as an active member of the Andover Fire Department shall retain his membership in this association, regardless of resignation or removal, subject to payment of dues and such other regulations which may be from time to time imposed. Bylaw J Page 1 February 2007 BY-LAWS of the ANDOVER FIREFIGHTERS' RELIEF ASSOCIATION INC. ARTICLE II Board of Trustees Section 1 The Board of Trustees shall be composed of the following: a President, a Vice-President, a Secretary, a Treasurer, and two (2) general trustees, each of whom shall be elected for a term as specified in this Article, or until a successor has been elected and qualified, at a special or annual meeting of the Association from its members, and in addition, three . statutory ex officio members; the Chief of the Andover Fire Department, one elected municipal official, and one elected or appointed municipal official who are annually designated as representatives by the Andover City Council. Section 2 At the first election following the adoption of these By-Laws, the two general trustees shall be elected for terms of one year; the President and the Secretary shall be elected for terms of two years; and the Vice-President and Treasurer shall be elected for terms of three years. Thereafter, as their respective terms of office expire, two officers or general trustees shall be elected for three-year terms at each annual meeting. If a vacancy occurs during the term of office of any officer or general trustee, the remaining members of the Board of Trustees shall elect a member of the association to serve for the unexpired term of the vacated position. Section 3 It shall be the duty of the Board of Trustees to prepare modes and plans for the safe and profitable investment of the un-appropriated funds of the association, and whenever loans or investments are made, to investigate and pass on the securities offered and to attend to the drawing and execution of the necessary papers. The Board of Trustees shall order an audit of the books and accounts of the secretary and the treasurer annually, according to the law, and shall submit a written report of the condition of the association to the members at the annual meeting. Section 4 The investment of the funds of the association shall be in the exclusive control of the Board of Trustees, in conformance with state statutes and subject to the approval of the council of the City of Andover. Section 5 The members of the Board of Trustees shall act as trustees with a fiduciary obligation to the State of Minnesota, to the City of Andover, and to the members of the association. Bylaw J Page 2 February 2007 BY -LAWS of the ANDOVER FIREFIGHTERS' RELIEF ASSOCIATION INC. ARTICLE ill Duties of Officers Section 1 It shall be the duty of the President to attend and preside at all meetings of the association and the Board of Trustees. He/she shall enforce the due observance of the Articles of Incorporation and the By-Laws and see that the officers properly perform the duties assigned to them. He/she shall sign all checks issued by the treasurer and all other papers requiring his/her signature. He/she shall be a member of all committees except the aid committee and shall exercise careful supervision over the affairs of the association. He/she shall receive such salary as may be fixed from time to time by the Board of Trustees, subject to approval of the association, and payable from the Special Fund or General Fund of the association. Section 2 It shall be the duty of the Vice-President to perform all of the duties of the President in the absence of the President. In addition, the Vice-President shall preside over the aid committee. Section 3 It shall be the duty of the Secretary to keep a true and accurate record of the proceedings of all meetings of the association and of the Board of Trustees. He/she shall keep a correct record of all amendments, alterations, and additions to the Articles of Incorporation or the By-Laws in a separate book from the minute books of the association. He/she shall cause due notice of all special meetings of the association and the Board of Trustees to be given. He/she shall receive all cash monies due the association and pay the same over to the Treasurer, taking a receipt for the same, and failing to do so, he/she may be impeached and expelled from the association. He/she shall keep a roll of membership with the date of joining, resignation, discharge, dues and assessments paid and relief or pensions furnished. His/her books shall be at all times open to inspection by the Board of Trustees. He/she shall, prior to entering upon the duties of his /her office, give a bond in such amount and with such sureties as may be required and approved by the Board of Trustees, conditioned upon the faithful discharge of his/her trusts and the full performance of the duties of all reports and statements required by law. He/she shall receive such salary as may ,be fixed from time to time by the Board of Trustees, subject to approval of the association, and payable from the Special or General Fund of the association. Bylaw J Page 3 February 2007 BY -LAWS of the ANDOVER FIREFIGHTERS' RELIEF ASSOCIATION INC. ARTICLE ill (cont.) Section 4 It shall be the duty of the Treasurer to receive all monies belonging to the association, and hold them subject to the order of the President and/or the Vice-President as authorized by the Board of Trustees. He/she shall keep separate and distinct accounts of the General and Special Funds, and shall prepare and present to the Board of Trustees a full and detailed statement of the assets and liabilities of each fund separately prior to the annual meeting of the association. He/she shall invest funds held by him!her in investments authorized by the Board of Trustees. Failing in his/her obligations, he/she may be impeached and expelled from the association. He/she shall deliver to his/her successor in office, or any committee appointed by the Board of Trustees to receive the same, all monies, books, papers, etc., pertaining to his/her office immediately upon the expiration of his /her term of office. He/she shall, prior to entering upon the duties of his/her duties of his /her office, give a bond in such amount and with such sureties as may be required and approved by the Board of Trustees, conditioned upon the faithful discharge of his /her trust and the faithful performance of the duties of his /her office, and payable from the Special or General Fund of the association. Jointly with he Secretary, he/she shall prepare and fill all reports and statements required by law. He/she shall receive such salary as may be fixed by the Board of Trustees from time to time, subject to approval of the association, and payable from the Special or General Fund of the association. Section 5 There shall be an Aid Committee, composed of the Vice-President and two other members of the association, who mayor may not be members of the Board of Trustees, appointed by the President. The Vice-President shall be the chairperson of this committee, whose duty shall be to see that assistance is rendered to each sick or disabled member, and to the survivors of any deceased member. Bylaw J Page 4 February 2007 BY-LAWS of the ANDOVER FIREFIGHTERS' RELIEF ASSOCIATION INC. ARTICLE IV Meetings Section 1 The Annual Meeting of the association, for the election of officers and trustees, and other business shall be held during the month of January of each year. Section 2 The Board of Trustees shall meet at least four times during each year. Section 3 Special meetings of the association or of the Board of Trustees may be called by the President, or two members of the Board of Trustees, and shall also be called upon written request of six or more members of the association. Members or trustees shall be notified by the Secretary of such special meetings, and the object of the meeting shall be stated in such notice. Section 4 A majority of the Board of Trustees then in office, and 40% of the members of the association shall constitute quorums for the transaction of business at their respective meetings. Less than a quorum may adjourn a meeting to a future time, which the secretary shall make known to the affected members. Bylaw J Page 5 February 2007 BY-LAWS of the ANDOVER FIREFIGHTERS' RELIEF ASSOCIATION INC. ARTICLE IV (cont.) Section 5 All meetings shall be conducted according to Robert's Rules of Order, as revised. ORDER OF BUSINESS 1. Call to order 2. Roll 3. Reading of minutes of previous meeting 4. Reading of reports and minutes of Board of Trustees' meetings 5. Reports of officers 6. Propositions for memberships 7. Reports of special committees 8. Balloting for members 9. Unfinished business 10. Election of officers and trustees (annual meeting) 11. New business 12. Adjournment Bylaw J Page 6 February 2007 BY -LAWS of the ANDOVER FIREFIGHTERS' RELIEF ASSOCIATION INC. ARTICLE V DUES, DUTIES AND RIGHTS OF MEMBERS Section 1 Each active member shall pay to the association annual dues of $25.00, and each deferred member shall pay to the association dues of$1O.00, payable on or before the date of the annual meeting of each year. Section 2 Any member of the association who fails to pay his/her dues to the association within 15 days of the time which such payment was due, stands suspended from membership following due notification by the Secretary via certified mail, and forfeits all rights and benefits thereunder by such non-payment without any additional action by the association, or by any officer thereof. Section 3 Any member who shall, in the opinion of a majority of the Board of Trustees, fraudulently claim benefits from, or defraud or attempt to defraud the association in any way, shall be suspended from membership by the board, and he/she shall forfeit all further rights to benefits from the association. Section 4 Any suspended member can only be reinstated upon his/her application therefore, in writing, presented at a regular or special meeting of the association, accompanied by a sum or money equal to what he/she would have been required to pay to the association during the period of suspension had he not been suspended, plus a'reinstatement fee of $25.00, upon a favorable note of2/3 of the members present and voting at such meeting. If the application for reinstatement is rejected, the money accompanying the same shall be returned to the applicant. Section 5 No money or refunds of the Special Fund of the association shall be disbursed except for those purposes specifically authorized by state statutes. Bylaw J Page 7 February 2007 BY-LAWS of the ANDOVER FIREFIGHTERS' RELIEF ASSOCIATION INC. ARTICLE V (cont.) Section 6 No money or funds of the General Fund of the association shall be disbursed for any purpose not herein provided for, unless authorized by the favorable vote of a majority of the members present at a regular or special meeting of the association. Section 7 All reports and resolutions shall be submitted in writing and no report from a committee shall be accepted unless it is the report ofa majority of a committee, provided, however, that a minority shall be permitted to present its views in writing. Bylaw J Page 8 February 2007 BY-LAWS of the ANDOVER FIREFIGHTERS' RELIEF ASSOCIATION INC. ARTICLE VI FUNDS Section 1 The funds received by this association from dues, fmes, initiation fees, entertainments, and other miscellaneous sources shall be kept in the General Fund of the association on the books of the Treasurer and may be disbursed for any purpose reasonably related to the welfare of the association or its members. Section 2 All funds received by this association from any tax sources, and all funds or property donated or granted to the association for the benefit of this fund shall be kept in a Special Fund on the books of the Secretary and the Treasurer and shall not be disbursed for any purpose except those authorized by law. Section 3 All disbursement of funds of this association shall be made by checks drawn by the Treasurer and countersigned by the President or Vice President. Except when issued for salaries, pensions, and other fixed charges, the amount of which has previously been determined and authorized by the issued until the claim to which it relates has been approved by the Board of Trustees. Section 4 All money belonging to this association shall be deposited to the credit of the association in such banks, trust companies, savings and loan associations or other depositories as the Board of Trustees may designate. Bylaw J Page 9 February 2007 BY-LAWS of the ANDOVER FIREFIGHTERS' RELIEF ASSOCIATION INe. ARTICLE VII APPLICATION FOR BENEFITS Section 1 All applications for relief or pension benefits shall be made in writing on forms furnished by the Secretary. Section 2 All applications for disability benefits shall be submitted to the Board of Trustees at a regular or special meeting of the board. The application shall be accompanied by a certificate from the attending physician or surgeon setting forth the nature of the illness or injury, the cause and duration thereof, the length of time the applicant has been unable to perform his duties as a firefighter, and an estimate of the future time during which the applicant will be unable to perform his duties as a firefighter. Section 3 All applications for pensions shall be submitted to the Board of Trustees at a regular or special meeting of the board. Applications shall be verified by an oath of the applicant and shall state the age of the applicant, the period of service in and the date of retirement from the Andover Fire Department, the length oftime he/she has been a member of the association, and such other information as the Board of Trustees may require. Section 4 No benefits or pensions shall be paid until the application therefore has been approved by a majority vote of the Board of Trustees. Decisions of the board shall be final as to the payment of such benefits or pensions. No person receiving a pension shall be paid any other benefits by the association. Bylaw J Page 10 February 2007 BY-LAWS of the ANDOVER FIREFIGHTERS' RELIEF ASSOCIATION INe. ARTICLE VIII SICK AND DISABILITY BENEFITS Section 1 If a member of this association shall become disabled to the extent that a physician or surgeon acceptable to the Board of Trustees shall certify that such disability will permanently prevent said member from performing his/her duties in the Andover Fire Department, the association shall, upon approval of the Board of Trustees, pay the balance of the member's account to the member after 100 days of disability. Application for disability benefits must be made prior to departure from the Andover Fire Department. If a member who has received such a disability pension should subsequently recover and return to active duty in the Andover Fire Department, any amount paid to him/her, as a disability pension shall be deducted from his/her retirement pension accrued at the time of such disability. Section 2 In the event of a temporary disability of less than one year, the member's time with the association can be continuous. Bylaw J Page 11 February 2007 BY-LAWS of the ANDOVER FIREFIGHTERS' RELIEF ASSOCIATION INC. ARTICLE IX Service Pension and Death Benefits Section 1 - Service Pensions Clause (a). Eligibility requirements. To be eligible to receive a service pension a member must meet all of the following requirements: Item (i). Be at least 50 years of age; Item (ii). Have retired from the Fire Department of the Municipality of Andover, Minnesota; . Item (iii). Have done at least five years (which years need not be continuous) of active service with such department before retirement; and Item (iv). Have been a member in good standing of the association at least five years; or have been.a member of the Andover Fire Department prior to the formation of the association in which case time as active members of the Fire Department prior to the date the association was formed shall count as time as active members of the association. Clause (b). Service pension. Each member meeting the requirements of clause (a) shall be entitled to a defmed contribution lump sum service pension as authorized by Minnesota Statutes, Section 424A.02, subd. 4. An individual account for each member shall be established. To each individual member's account shall be credited a right to an equal share of; (1). Any amounts of State Fire aid received by the association; (2). Any amounts of municipal contributions to the association from tax levies or other available revenue sources; (3). Any amounts transferred from the General Fund; and Bylaw J Page 12 February 2007 BY -LAWS of the ANDOVER FIREFIGHTERS' RELIEF ASSOCIATION INC. ARTICLE IX (CONT.) (4). Any amounts equal to the share of the assets of the Special Fund (a). to the credit of any former member who terminated active service with the Fire Department of the City of Andover prior to meeting the minllnum service requirement provided for in clause (a) and has not returned to active service with the Fire Department for a period of at least five years or (b). to the credit of any retired member who retired prior to obtaining a full non- forfeitable interest in the amounts credited to the individual member account pursuantto clause (b); (5). Any interest or investment income less an equal share of administrative expenses, and a proportionate share of investment expenses, earned on the assets of the Special Fund. At the time of retirement, a member meeting the qualifications of clause (a) shall be entitled to the portion of the assets of the Special Fund to his/her credit which is nonforfeitable according to the following table based on the number of years to his/her credit: Completed years of Service 5 6 7 8 9 10 and thereafter Nonforfeitable portion of annual or pro rata service pension amount 40% 52% 64% 76% 88% 100% Bylaw J Pagel3 February 2007 Clause (c). Clause (d). Clause (e). Bylaw J BY-LAWS of the ANDOVER FIREFIGHTERS' RELIEF ASSOCIATION INC. ARTICLE IX (CONT.) Deferred service pension. A member of the association who meets all of the requirements of clause (a) except for a item (i), the minimum age requirement, who separates from active service prior to reaching the age of 50 years shall be entitled to a deferred service pension to commence upon his/her reaching the age of 50 years and upon his/her making a valid written application therefore to the association. The association shall pay interest on the fully vested and partially vested deferred lump sum service pension during the period of deferral. Each deferred member's account shall be credited with the gains or losses at the rate actually earned by the Association on the investment of special fund assets less an equal share of administrative expenses, and a proportionate share of investment expenses. Interest shall be compounded annually based on calendar year balances. The deferred service pension shall be governed by state and federal law, the articles of incorporation, and the bylaws applicable on the date on which the member separated from active service in the Fire Department and the association. Partial Payment. This option is intended to give the retiree a portion of their retirement payment as early as possible after they elect to retire. At the option of a retiring member, the service pension provided for in clause (b) shall be paid in two installments. The election of partial payments shall be made by the retiring member in writing and filed with the Secretary of the association no later than 30 days prior to the commencement of payment of the service pension. The first payment shall not exceed the vested balance in their account shown on the last audited statement. The second payment shall be the remaining vested for the final year of their pension eligibility. Both payments must be made in the same calendar year. Transfer to an individual retirement account (IRA). The Association may at the written request of the applicable retiring member or, following the death of the active member, at the written request of the deceased member's surviving spouse, may directly transfer the eligible member's non-deferred retirement account to the requesting person's individual retirement account under section 408(a) of the Federal Internal Revenue Code as amended. Page 14 February 2007 BY-LAWS of the ANDOVER FIREFIGHTERS' RELIEF ASSOCIATION INC. ARTICLE IX (CONT.) Clause (t). Purchase of annuity contracts. Upon written request of the retiring member, the Association may purchase an annuity contract on behalf of the person in an amount equal to the service pension otherwise payable and in place of a direct payment to the person. The annuity contract must be purchased from an insurance carrier licensed to do business in the State of Minnesota, and meets all of the state requirements for issuing annuities. The insurance carrier must have a good business record in the state for at least 20 years. Section 2 - Death Benefits Upon the death of any member of the association who is in good standings at the time of his/her death, the association shall pay the surviving spouse, if any, and if there is no surviving spouse, to surviving child or children, if any, and if no child or children survive, to the estate of such deceased member the balance of the member's account at the date of payment. Section 3 For purposes of computing benefits payable under Articles VIII and IX, a "year of service" shall be defined as a period of twelve full months of active duty in the Andover Fire Department, beginning on the anniversary of the date when the individual became a member of said Fire Department. If a member's period of active service is not continuous, parts of years may be added together to compute full years. Bylaw J Page 15 February 2007 BY-LAWS of the ANDOVER FIREFIGHTERS' RELIEF ASSOCIATION INe. ARTICLE X AMMENDMENTS Section 1 The By-laws of this association may be amended at any regular or special meeting thereof by a favorable vote of2/3 of the membership present and voting, provided that a quorum is present, and provided further that notice of any proposed amendment or amendments shall be given by reading the same at a regular or special meeting not more than 31 days next preceding that upon which such amendment or amendments are acted upon, and that a notice be handed to or mailed to each member at his/her last known address not less that 10 days prior to such meeting; and provided further, that if such amendment or amendments shall change the amount of benefits or pensions, approval of the City Council of Andover must be obtained before such change may take effect. Bylaw J Page 16 February 2007 BY-LAWS of the ANDOVER FIREFIGHTERS' RELIEF ASSOCIATION INC. ARTICLE XI Special Fund Income and Allocations Section 1 All income to the association originating from taxes shall be placed in the Special Fund as provided by State Law. Section 2 Funds may upon majority vote of the general membership be transferred from the General Fund to the Special Fund. Section 3 The City of Andover shall at the beginning of each year, during the month of January, pay to the Special Fund of the Andover Firefighters' Relief Association, an amount not less than $350.00 for each active firefighter of record the previous August 31 st. Section 4 Each member shall have an account maintained by the association Treasurer. Each member will be credited with a proportionate share of State contributed aid, and City contributions each year. All earnings and forfeitures for the year will be credited to each member's account based upon the member's account balance at December 31 st of each year. An account calculation policy approved by the Board of Trustees shall be used as basis for calculating each member's share. A statement of account will be made to each member once a year. Section 5 The City of Andover shall carry a minimum of $10,000.00 of Term Life Insurance on all active and probationary members of the Andover Fire Department. Bylaw J Page 17 February 2007 . BY -LAWS of the ANDOVER FIREFIGHTERS' RELIEF ASSOCIATION INC. ARTICLE XII Military Service Section 1 - Authorization Subject to limitations stated in this article, a firefighter who is absent from frrefighting service due to service in the uniformed services as defined in United States Code, title 38, section 4303(13), may obtain service credit for the period of uniformed service, not to exceed five years, unless a longer period is required under United States Code, title 38, section 4312. Section 2 - Limitations Clause (a). To be eligible for an investment return allocation under this section, the frrefighter must return to firefighting service with coverage by this relief association or its successor upon discharge from service in the uniformed service within the time frame required in United States Code, title 38, section 4312(e). Clause (b). An allocation of any fire state aid, any municipal contributions, any transfers from the general fund, and any investment return is not authorized if the frrefighter separates from uniformed service with a dishonorable or bad conduct discharge or under other than honorable conditions. Any investment allocation is not authorized if the firefighter fails to provide notice to the frre department that the individual is leaving to provide service to the uniformed service, unless it is not feasible to provide that notice due to the emergency nature of the situation. Bylaw J Page 18 February 2007 (]) 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 7.55-5100 FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Wi-Fi Update DATE: March 27, 2007 INTRODUCTION A previous 2005-2006 Council Goal was to explore wireless internet services for City of Andover residents; survey questions were crafted for insertion into the Decision Resources community survey conducted last spring; and just recently the Council has asked Staff to review the feasibility ofWi-Fi implementation in the City of Andover. DISCUSSION Staff's Wi-Fi Conclusions/update: To implement WI-FI access throughout the city, inevitably the City is going to need to implement some fiber optic cable for a network backbone. Mesh network products on the market today continue to get better at preventing signal loss and traveling farther distances but it must coincide with a fiber optic network to provide competitive service and meet subscriber expectations. With the current technology available Staffprojects that the cost associated with fully implementing a WI-FI network would be well over $1 million and will continue to go up in price. Recent communication with an outside source in the wireless field, indicated that there are new products on the market which are much better at signal penetration than the old but the cost of the new equipment is slightly higher which would likely keep the cost of implementation from coming down. While it is Staff's opinion that the potential offering ofWi-Fi service to residents and businesses throughout the city, along with utilizing it for city purposes is a worthy endeavor, the bottom line is whether or not acceptable pricing for the service and cost recoverv on the initial investment can be achieved. Next Steps: The City's IT Coordinator and myself has been actively exploring wireless internet service over the past few years and at this point we believe that outside expertise is needed to appropriately address if the time is now for the City of Andover to move forward. Attached is a proposal from U-reka Broadband Ventures, a company that specializes in providing the expertise and execution needed to determine strategy to deploy a broadband network. Other proposals can certainly be sought out! I would like to address the Council on Wi-Fi progress at the meeting. and determine if the Council is willing to seek outside assistance for the proi ect. If so, staff would present proposals to the Council at a future meeting along a recommendation on where the budget dollars would come from. ACTION REOUESTED The Council is requested to receive a brief presentation and provide direction to Staff. '--- U-reka Broadband V ntures Proposal for S rvices City of Andover, MN February 24, 2007 Introduction: U-reka Broadband Ventures, based in Stillwater, MN, provides its customers the expertise and execution needed to determine strategy and then deploy broadband networks. Its partners, John Schultz, and Brian Estrem have a combined over 40 years of experience in the deployment of technologies which have allowed its customers to deploy next-generation broadband architectures including deep-fiber and wireless. Current projects U-reka is involved in include: · Build out of the St. Louis Park, MN wireless network · Planning Engineering for the Monticello, MN fiber-to-the-premise network · Engineering and Project management for Competitive Local Exchange Carriers U-reka Broadband Ventures has a unique combination of business development and operational/expertise giving its clients not only ideas but also solid business planning and deployment strategies. Its principals have built successful technology businesses in the past meaning its experience is real world, not just academic. More information regarding U- reka Broadband Ventures can be found at www.u-rekabroadband.com. U- reka is pleased to propose the following statement of work for consideration by the City of Andover. Status/Opportunity-the Andover City Council has directed staff to research and report on possible solutions for a price-sensitive competitive wireless solution to bring to residents of the city. Past city surveys have indicated that the cities residents favor the city providing a competitive wireless solution to compete with the current incumbent telephone and cable television providers. Staff has approximately 30 days to complete this task. In the past city staff has r s arch d both fib rand wirel ss U-reka Broadband Ventures Page 1 3/5/2007 connectivity for both city and resid nt n eds. U-r ka Broadband V ntur s will provide the city a comprehensive report to present to the City Council which would include the following: · Inventory of the current providers within the city (cable, telecom and wireless) · Inventory of current community assets which could be important to a fiber/wireless solution · Inventory of other assets within the community not under the control of the city which could be important to a fiber/wireless solution · Investigation of possible wireless access technologies including Wi MAX, WiFi and 700 MHz wireless solutions · City operational opportunities and advantages for city services · Review of potential models including public ownership, private ownership and public/private partnerships · Most important will be a suggested pilot proposal/next steps recommendation including: o Coordination of existing community assets o Coordination with the proposed cell site and parks ordinance o Inclusion of commercial high-speed data requirements o Strategy for areas of new development within the city o Strategy for an initial pilot program for wireless access within the city with a focus on creating connectivity that will benefit the city regardless if it moves forward from the pilot program Cost and Deliverables-U-reka Broadband Ventures will provide a report including information from the above section and a power-point presentation for use with the City Council. U-reka will also be available for attendance at the Council meeting when the presentation takes place. U- reka Broadband Ventures will require an initial meeting with the City Administrator and IS Coordinator and then possible subsequent meetings with city staff as n d d. U-reka will provid this report to the city at a U-reka Broadband Ventures Page 2 3/5/2007 cost of $8,500.00 with $3,500.00 payabl at the inc ption of the proj ct and $5,000.00 payable at the conclusion of the project. U-reka Broadband Ventures is excited to propose this solution to the City of Andover and looks forward to working with the City to assist in determining its strategy for an important differentiator and amenity for the community. Please feel free to contact me at (651) 967-7196 or ischultz@u- rekabroadband.com for any questions or to schedule a time to discuss. We look forward to the opportunity of working with you. U-reka Broadband Ventures Page 3 3/5/2007 CITY OF NDOVE w 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: 2008-2012 Capital hnprovement Plan (CIP) Guidelines Discussion DATE: March 27, 2007 INTRODUCTION In early April, AdministrationlFinance will conduct a 2008-2012 CIP kick-off meeting with Department Heads where discussion will center on the 2008-2012 CIP development calendars and the need of other committees (Vehicle Purchasing & Facility Management Committees) and commissions (parks & Community Center) to start their work. DISCUSSION To assist with the 2008-2012 CIP discussion, I have attached for the Council's reference last years 2007- 2011 CIP narrative and project listings. Throughout the year it is anticipated that a significant amount of time will be spend on water/sewer infrastructure, transportation improvements, building maintenance, equipment and park and recreation needs. Each of these items will be supported by detailed cash flow analysis of funding sources and presented to the Council for review at future workshops. At this time the Staff is seekinl! Council direction on what the Councils top priorities are for the 2008-2012 CIP and what Staff should take into consideration before the presentation of a "Draft 2008-2012 CIP" in June/Julv. ACTION REQUESTED The Council is requested to review the various attachments, receive a brief presentation on progress, and provide direction to staff on Council priorities for the 2008-2012 CIP. 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members FROM: Jim Dickinson, City Administrator / Finance Director SUBJECT: 2007 - 2011 Capital Improvement Plan DATE: December 5, 2006 INTRODUCTION On behalf of the City's Management Team, I am pleased to present the City of Andover's Capital Improvement Plan for years 2007 through 2011. The City's management team and their respective staff worked diligently to produce a document that was both practical, substantive in addressing needed capital improvements and insightful regarding the underlying factors associated with the City's rapidly changing suburban landscape. CAPITAL IMPROVEMENT PLAN GOALS ACKNOWLEDGE AND COMMUNICAlE PUBLIC INFRASTRUCTURE PRIORITIES AND DYNAMICS ENSURE APPROPRIATE RESPONSES TO CHANGING INFRASTRUCTURE NEEDS AND DEMANDS DEVELOP A FINANCIAL ASSESSMENT OF CAPITAL RESOURCES AVAILABLE TO MEET FUTURE CAPITAL PROJECT PLANNING NEEDS INSTITUlE A STRAlEGlC VISION PREDICAlED ON MAJNTAINING A HIGH QUALITY SERVICE INFRASTRUCTURE CAPABLE OF MEETING TIlE NEEDS OF OUR CITIZENS FOR TODAY AND TOMORROW The purpose of the City's Capital Improvement Plan (CIP) is to identify, prioritize and address community needs through careful long-term capital planning and balanced public investment in supporting physical infrastructure. To ensure that this commitment is both meaningful and achievable, appropriate capital improvement factors were given significant consideration in developing a CIP that addresses community priorities over the next five (5) years. The CIP will also provide a planning foundation for future needs assessments to ensure the City is appropriately responding to the critical infrastructure needs necessary for sustainable future growth. The CIP represents a beginning in terms of producing a comprehensive planning response to address changing capital needs by developing a project schedule that will lead to timely and cost-effective project completions. 1 DISCUSSION The 2007 - 2011 CIP has been prepared as a strategic planning tool to assist the City Council in identifYing proposed capital improvement projects over the next five years. With the inclusion of preliminary financing sources, appropriate background information citing needs and projected cost estimates, this document will provide Council with the needed information to begin the process for planning improvements that meet the City's physical infrastructure needs. Consequently, the CIP serves as a flexible guide plan to properly identifY the critical components of the City's infrastructure, yet maintain flexibility in determining project timeframes, project scope and possible funding sources. The 2007 - 2011 CIP continues the emphasis of judiciously managing the City's limited resources by prudently planning for known and/or anticipated future capital expenditures. A critical step in the plan adoption process is the collaborative nature of plan review that involves the leadership of the City Council, the input of appointed Commissions and staff, and most importantly, affected residents of the community. Consequently, the strategic value of this plan lies in the acknowledgement of future needs by the governing body and the effective communication of those needs to the general public during project development stages. Likewise, the availability and preliminary designation of fiscal resources to serve both current aild future needs is critical to the achievement of plan outcomes that meet with Council approval. Following the approval of the plan, feasibility studies are performed, affected constituencies are notified to formally disseminate and receive public feedback on proposed project plans. This process culminates with the City Council considering all relevant information and making a final decision on whether to proceed with the proposed capital improvement. The public process that supports the advancement of these projects from inception to completion is engendered in the CIP project development and authorization schedule. Formalizing the steps. in the CIP project advancement process serves a number of purposes and ensures that the Council and public are kept well informed regarding project purposes and desired outcomes, estimated project costs, funding sources, progress and final status. It should be emphasized that projects will require approval in various stages of project development by the City Council in accordance with approved policies. The objectives of the 2007 - 2011 Capital Improvement Plan are to present a comprehensive capital improvement program that communicates efforts: > to ensure that community priorities are reflected in the capital investment plans of each City department; > to provide a consolidated financial picture of anticipated expenditures and outline recommended funding strategies to underwrite anticipated capital improvements; > to document and communicate capital improvement processes for City projects that will ensure consistency, a full appreciation of both the costs and benefits of proposed capital investments, and raises the level of public understanding regarding the City's public improvement processes; > to provide information on the fiscal impacts of capital investment plans on total City [mances; and > to effectively plan for public improvements that support community needs in the areas of private development infrastructure, transportation, public safety, parks and recreation, utilities, and commercial/industrial growth through fiscally responsible economic development initiatives. Accordingly, this document attempts to recognize known or perceived capital improvement needs, but as with any plan recognizes that social, economic and political considerations will by necessity determine 2 final project outcomes. The major categories of expenditures that are identified within the CIP include, but are not limited to: I. New Public Facilities Planning 2. Street Construction, Maintenance and Reconstruction 3. Utility Construction, Maintenance and Reconstruction 4. Construction, Maintenance and Upgrade of Parks, Playgrounds and Trails 5. Capital Improvements to Existing Facilities 6. Private development infrastructure 7. Capital equipment and vehicle planning needs (Equipment purchases to be determined through normal budgetary process) The City Council, consequently, accepts this document with the provision that capital improvement planning is subject to the dynamics of community growth, political leadership and acknowledges that other unanticipated needs may take precedence over planned projects. RECOMMENDATION The 2007 - 2011 Capital Improvement Plan is the product of collaborative planning efforts by City staff, the Park and Recreation Commission and the City Council. Projects have been introduced based on I) anticipated future growth trends articulated in the City's 2020 Comprehensive Plan, 2) the natural cycle of deterioration and decay evident in all physically constructed and engineered improvements in the more established areas of the community and 3) capital deficiencies or infrastructure issues brought to the City's attention through a variety of sources. Capital expenditures identified within the CIP are the best estimates available, and once the CIP is adopted, will be reviewed and confirmed through individual feasibility reports where appropriate. I am appreciative of the commitment, good judgment and expertise that each department has contributed to the capital improvement planning process. Respectfully submitted, Jim Dickinson City Administrator I Finance Director 3 CIP PROJECT DEVELOPMENT AND PROCESS AUTHORlZATION SCHEDULE The following process is a Council/staff guideline for authorizing public improvement projects. As this process is controlled by State Statute and other influencing environmental factors, it is subjectto change and should be viewed as a guide to assist the Council and public in understanding the public improvement process used by City staff. A separate Council meeting would facilitate each step in the process, and accomplishment of respective activities. As a result, the process time frame is a significant factor affecting City staff's ability to properly manage and complete approved Council ordered projects within budget and on time. 1. Council Approval of Annual CIP Projects by City Resolution will authorize the following outcomes: a) Staff and/or Consultant preparation of project feasibility studies b) Staff preparation of detailed financial review of project funding sources c) Neighborhood Meeting may be held prior to Feasibility Study subject to need and type of project. TIME FRAME: October-November of each preceding year. 2. Presentation of Feasibility Study a) Feasibility Study Components: 1) Review of Project Engineering and Construction Estimates 2) Total Project Costs (All related project costs, i.e. land, soft costs) 3) Project Financial Plan/Fiscal Implications (EngineeringlFinance) 4) Authorization to develop a Preliminary Assessment Roll, if any, for the Public Hearing. (Engineering) · If Council accepts Feasibility Study, A Resolution "Accepting Feasibility Study and Setting Date for Public Hearing on the Project" when appropriate (Engineering Department) would initiate the following: 1) Notices mailed to affected Residents per statute requirements no less than 10 days before Public Hearing. (Engineering) 2) Public Hearing Notice is published. Two publications one week apart, with the second publication no less than three days before the hearing. (Engineering/City Clerk) TIME FRAME: February-March-April-May of current year. 3. Neighborhood Meeting - City staff will hold neighborhood project meetings, when appropriate, to review and present Project Feasibility Studies, answer questions and meet with affected property owners. These meetings will include a question and answer component designed specifically to bring awareness to the property owner, obtain citizen input and produce an understanding of the purposes behind the City's attempts to construct public improvements in the affected area TIME FRAME: Following the presentation ofthe Feasibility Study to Council, but prior to the holding of a Public Hearing by Council. 4. Council holds a Public Hearing when appropriate for following purposes: a) Presentation of Project (Engineering Department) b) Presentation of Preliminary Special Assessment Rolls and Financing Implications (EngineeringlFinance Department) c) Council to hear Affected Resident Input d) Council determines whether to "order" the public iinprovement 4 . A Council Resolution is drafted "Ordering the Project and Authorizing Preparation of Plans and Specifications" (Engineering Department). Council may ORDER THE IMPROVEMENT after the public hearing is closed or at a subsequent Council Meeting within 6 months of the public hearing date. (Statutory Requirement - Council Resolution ordering project must be approved on 4/5 Council vote if it is Council initiated project with assessments). . If Council decides to reject the project as presented, a Council vote should be taken to officially determine the fmal status of the project. TIME FRAME: April-May-June of current year 5. Plans and Specifications are presented to Council for approval. (Engineering Department) a) A Council Resolution is drafted authorizing the following: 1) Accepting and Approving Project Plans and Specifications 2) Authoriziti.g the Advertisement for Project Bids.. Bids are developed and invitation to Bid is processed. Bid opening date is no less than 3 weeks after publication. (Engineering) 3) Authorize staff to pursue an appropriate funding mechanism to IUlderwrite project costs TIME FRAME: May-June of each year 6. Council Acceptance of Project Bids and Awarding of Contracts would authorize the following outcomes: a) A Council Resolution is drafted "Accepting Project Bids and Awarding Contracts" (Engineering) b) Initiation of Project Construction and work (Engineering) TIME FRAME: April-May-June-July of current year. 7. Project Completion a) Council Acceptance of Project b) Final Presentation and Review of Project Costs versus Project Budget by Finance Department. c) If Special Assessments are fmancing a portion of the Project, A Council Resolution "Setting the Special Assessment Hearing for Project #" is adopted at this same meeting. (EngineeringlFinance) TIME FRAME: Upon completion of project. 8. If Special Assessments would finance a portion of the projects costs, Council Holds a Special Assessment Hearing to review the following: a) Affected Property owners would be officially notified per statute no less than two weeks prior to Special Assessment Hearing. (Clerk/Engineering) b) Public Notice is published no less than two weeks prior to Special Hearing per statute (Clerk/Engineering) c) Staff prepares a proposed roll and Council Approves Final Assessment Roll (EngineeringlFinance) d) Council consideration of Assessment Appeals and Requested Deferrals filed prior to hearing or during the hearing. e) Meets M.S. Chapter 429 statutory requirements . A Council Resolution is drafted "Adopting Final Special Assessment Roll"(Engineering), and is adopted at this meeting. TIME FRAME: October/November of current year depending on finalization of project and status of completion. 5 CITY OF ANDOVER 2007 CIP Expenditures By Department Engineering 7.24% Storm Sewer 0.910 Parks & Rec-Proj. Street Signs 11 .42% 0.15% Comm CIr 0.28% Water 1.00% Streets/Highways 73.81% CITY OF ANDOVER 2007 CIP Expenditures By Year 2011 ~ $4,282,0161 2010 ~ $7,95r86 2009 $9,159,888 2008 ., $7, 93,799 2007 _ $~,514,842 1 ' 2006 Adopted $5,690,013 I $- $3,000,000 $6,000,000 $9,000,000 $12,000,000 6 City of Andover, MN Capital Plan 2007 thru 2011 DEPARTMENT SUMMARY Department 2007 2008 2009 2010 2011 Total Central Equipment 257,000 35,000 28,000 320,000 Community Center 15,500 7,000 7,000 15,000 44,500 Elections 100,000 100,000 Engineeling 399,000 290,000 349,000 351,000 352,000 1,741,000 Facility Management 40,000 1,843,217 1,882,000 341,000 34,000 4,140,217 Fire 122,000 345,000 400,000 890,OOO 1.757,000 Parle & Rae - Operations 99,500 105,500 175,000 40,000 114,000 534,000 Parle & Rae - Projecls 630,000 217,000 110,000 675,000 25,000 1,657,000 Planning & Zoning 20,000 20,000 . Sanitary Sewer 25,000 700,000 650,000 2,250,000 1,250,000 4,875,000 Storm Sewer 50,000 131,000 52,000 203,000 54,000 490,000 Street Signs 8,400 75,000 83,400 Streets I Highways 4,070,442 2,820,082 2,102,888 2,607.486 2,370,016 13,970,914 Water 55,000 1,340,000 3,175,000 550,000 55,000 5,175,000 GRAND TOTAL 5,514,842 7,993,799 9,159,888 7,957,486 4,282,016 34,908,031 7 City of Andover, MN Capital Plan 2007 thru 2011 FUNDING SOURCE SUMMARY Source 2007 2008 2009 2010 2011 Total Assessments 873,092 331,896 228,765 691,417 1,302,267 3,427,437 Building Fund 515,217 515,217 Capital Equipment Reserve 242,000 242,000 Capital Projects Levy 78,400 143,000 22,000 23,000 24,000 290,400 Central Equipment Fund 7,000 35,000 28,000 70,000 Community Center Operations 15,500 7,000 7,000 15,000 44,500 Construction Seal Coat Fund 51,079 55,590 185,289 67,364 14,146 373,468 DNR Grant 62,500 62,500 Equipment Bond 711,500 900,500 776,000 890,000 74,000 3,352,000 Federal Funds 488,000 488,000 G.O. Bond 1,250,000 2,100,000 300,000 3,650,000 General Fund 10,000 57,000 50,000 58,000 50,000 225,000 Municipal Slale Aid Funds 542,000 1,055,400 275,000 567,000 643,000 3,082,400 Pari< Improvement Funds 567,500 217,000 110,000 675,000 25,000 1,594,500 R & B - Crack Seal & Seal Coat 326,393 314,706 478,539 746,452 653,801 2,519,891 R & B - Overlays 718,478 610,490 686,295 724,253 693,802 3,433,318 R & B - Pedestrian Trail 48,000 49,000 50,000 51,000 52,000 250,000 R & B - Reserve 201,300 57,000 59,000 61,000 63,000 441,300 Sanitary Sewer Fund 300,000 300,000 Sewer Revenue Bonds 650,000 650,000 Sewer Trunk Fund 207,000 520,500 124,000 2,150,000 400,000 3,401,500 Storm Sewer Fund 50,000 131,000 52,000 203,000 54,000 490,000 Trail Funds 210,000 210,000 Water Fund 55,000 63,000 50,000 50,000 55,000 273,000 Water Revenue Bonds 2,950,000 2,950,000 Water Trunk Fund 299,100 1,173,500 299,000 650,000 150,000 2,571,600 GRAND TOTAL 5,514,842 7,993,799 9,159,888 7,957,486 4,282,016 34,908,031 8 City of Andover, MN Capital Plan 2007 thru 2011 PROJECTS & FUNDING SOURCES BY DEPARTMENT Department Project# Priority 2007 2008 2009 2010 2011 Total ICentral Equipment ~ Canopy for Fuel Island 0948800-01 3 - 250,000 250,000 G.O.ll<md 250,000 250,000 Replacement - Holsy Pressure Washer 09-48800-02 3 7,000 7,000 Central ~quipment Fund 7,000 7,000 Replacement - Floor Sweeper 1048800-01 35,000 35,000 Central Equipment Fund 35,000 35,000 Replacement - Service Truck 1048800-02 2 28,000 28,000 Central ~quipment Fund 28,000 28,000 Central Equipment Total 257,000 35,000 28,000 320,000 ICommunity Center I Walk Behind Floor Saubber 07-44000-01 7,500 7,500 Community Center Operations 7,SIlO 7,500 Carpet - West Side Entrance 07-44000-02 2 8,000 8,000 Community Center Operations 8,000 8,000 Kitchen Equipment - Fryer/Grill 08-44000-01 2 7,000 7,000 Community Center Opetafions 7,000 7,000 Battery Pack Replacement - Zamboni 09-44000-01 2 7,000 7,000 Community Center Operations 7,000 7,000 Storage Building 10-44000-01 2 15,000 15,000 Community Center Operations 15,000 15,000 Community Center Total 15,500 7,000 7,000 15,000 44,500 IElections I Voting Equipment 08-41310-01 100,000 100,000 Capital Projeds Levy 100,000 100,000 Elections Total 100,000 100,000 IEn2ineerin2 I New Development Projecls 07-41600-01 351,000 241,000 248,000 300,000 300,000 1,440,000 Sewer Trunk Fund 175,SIlO 120,500 124,000 150,000 150,000 720,000 Water Trunk Fund 175,500 120,500 124,000 150,000 150,000 720,000 Pedesbian Trail Maintenance 07-41600-02 48,000 49,000 50,000 51,000 52,000 250,000 R & B. PedestIian Tt"i/ 48,/100 49,000 50,000 51,000 52,000 250,000 Replacement - Blazer #11 09-41600-01 2 30,000 30,000 ~quipment Bond 30,000 30,000 Replacement - T alai Station 09-41600-02 21,000 21.000 Equipment Bond 21,000 21,000 9 Department Project# Priority 2007 2008 2009 2010 2011 Total Engineering Total 399,000 290,000 349,000 351,000 352,000 1,741,000 IFacility Mana~ement . Carpet Replacement 0741900-01 2 10,000 10,000 10,000 10,000 10,000 50,000 General Fund 10,000 10,000 10,000 10,000 10,000 50,000 Annual ParKing Lot Maintenance 0741900-02 20,000 21,000 22,000 23,000 24,000 110,000 Capital Projects Levy 20,000 21,000 22,000 23,000 24,000 110,000 Communication Radios 0741900-03 10,000 10,000 Capital Projects Levy 10.000 10,000 Surface Seal all Brick Structures 0841900-01 40,000 40,000 Capital Projects Levy 22,000 22,000 Water Fund 18,000 18.000 Land Purchase 0841900-02 515,217 515,217 Building Fund 515,217 515,217 Building A - Seal Floor 0841900-03 7,000 8,000 15,000 General Fund 7,000 8,000 15,000 Sa~ Storage Building 0841900-04 350,000 350,000 G.O. Bond 35/1,000 35/1,000 Recycling Building & Fence 0841900-05 250,000 250,000 G.O. Bond 250,000 25/1,000 Attached Storage Building 0841900-06 200,000 200,000 G.O. Bond 200,000 200,000 Fire Sl #2 Addition and ParKing Lot Improve. 0841900-07 2 450,000 450,000 G.O. Bond 45/1,000 45/1,000 Addition to Storage Building & Vehicle Mainl Shop 0941900-01 1,850,000 1,850,000 G.O. Bond 1,850,000 1,850,000 Pedestrian Tunnel Under Crosstown Blvd. 1041900-01 300,000 300,000 G.O. Bond 300,000 300,000 Facility Management Total 40,000 1,843,217 1,882,000 341,000 34,000 4,140,217 IFire . Rescue Truck 0742200-01 40,000 40,000 Equipment Bond 40,000 40,000 New Mobile Data Tenninals in Fire Trucks ' 07-42200-02 2 30,000 30,000 Equipment Bond 30,000 30,000 Thermal Imaging Camera 07-42200-03 14,000 14,000 Equipment Bond 14,000 14,000 Replacement- Hydraulic Rescue Equipment 0742200-04 2 30,000 30,000 Equipment Bond 30,000 30,000 Hose WasherfT ester 0742200-05 2 8,000 8,000 Equipment Bond 8,000 8,000 Replacement - Fire Marshall Vehicle 0842200-01 2 30,000 30,000 Equipment Bond 30,000 30,000 Replacement- Fire Tanker #31 0842200-02 295,000 295,000 Equipment Bond 295,000 295,000 Waterllce rescue boat 08-42200-03 20,000 20,000 Equipment Bond 20,000 20,000 Replacement- Fire Engine #11 0942200-01 400,000 400,000 Equipment Bond 400,000 400,000 Replacement- Ladder T ruck#11 1042200-01 850,000 850,000 Equipment Bond 850,000 85/1,000 10 Department Project# Priority 2007 2008 2009 2010 2011 Total Replacement - Fire Chiefs Vehicle 10-42200-02 2 40,000 40,000 Equipment Bond 40,000 40,000 Fire Total 122,000 345,000 400,000 890,000 1,757,000 IPark & Rec - Operations I ReplacelRepair Play structures - Various Parks 07-45000-01 2 40,000 40,000 40,000 40,000 40,000 200,000 Capital Projects Levy 40,000 40,000 General Fund 40,000 40,000 40,000 40,000 160,000 Replacement - Seff-Propelled 48' Sweeper 07-45000-02 2 20,000 20,000 Equipment Bond 20,000 20,000 Zero Turn Mower 07-45000-03 7,500 7,500 Equipment Bond 7,500 7,500 Replacement - Taro Groundsmaster 328 07-45000-04 32,000 32,000 Equipment Bond 32,000 32,000 Truck - 3/4 Ton Crew Cab 08-45000-01 35,000 35,000 Equipment Bond 35,000 35,000 Replacement - Mower Trailer 08-45000-02 8,500 8,500 Equipment Bond 8,500 8,500 Replacement - Taro Groundmaster 08-45000-03 22,000 22,000 Equipment Bond 22,000 22,000 Replacement - Large Capacity Lawnmower 09-45000-01 112,000 112,000 Equipment Bond 112,000 112,000 Replacement - Taro Groundsmasler 09-45000-02 23,000 23,000 Equipment Bond 23,000 23,000 Replacement - Trailer 11-45000-01 2 9,000 9,000 Equipment Bond 9,000 9,000 Replacement - One Ton Pick Up wlPlow 11-45000-02 2 65,000 65,000 Equipment Bond 65,000 65,000 Park & Rec - Operations Total 99,500 105,500 175,000 40,000 114,000 534,000 IPark & Rec - Projects I Andover Station North Complex 07-45001-01 385,000 35,000 420,000 Parle Improvement Funds 385,000 35,000 420,000 Tenace Park 07-45001-02 55,000 55,000 Parle Improvement Funds 55,000 55,000 Crooked Lake Boat Landing 07-45001-03 125,000 125,000 DNR Grant 62,500 62,500 Parle Improvement Funds 62,500 62,500 StroobnanPark 07-45001-04 40,000 40,000 Parle Improvement Funds 40,000 40,000 Annual Miscellaneous Projecls 07-45001-99 25,000 25,000 25,000 25,000 25,000 125,000 Parle Improvement Funds 25,000 25,000 25,000 25,000 25,000 125,000 Forest Meadows Park 08-45001-01 25,000 25,000 Parle Improvement Funds 25,000 25,000 Sophies South Park 08-45001-02 75,000 75,000 Park Improvement Funds 75,000 75,000 Woodland Crossing Park 08-45001-03 57,000 57,000 Park Improvement Funds 51,000 57,000 Andover Uons Park 09-45001-01 85,000 85,000 Parle Improvement Funds 85,000 85,000 Hawkridge Park Improvements 10-45001-01 500,000 500,000 11 Department Project# Priority 2007 2008 2009 2010 2011 Total Park Improvement Funds 5OfI,000 500,000 Prairie Knoll Park - Phase III 1045001-02 150,000 150,000 Park Improvement Funds 150,000 150,000 Park & Rec . Projects Total 630,000 217,000 110,000 675,000 25,000 1,657,000 (Plannm/: & Zonm/: I Replacement - Ford Taurus #15 0841500-01 2 20,000 20,000 Equipment Bond 20,000 20,000 Planning & Zoning Total 20,000 20,000 ISanitary Sewer I Li1l Staion #1 Upgrade 07-48200-01 25,000 25,000 Sewer Trunk Fund 25,000 25,000 New JeWac Truck 0848200-01 300,000 300,000 Sanita!)' Sewer Fund 300,000 300,000 Crosstown Blvd Trunk Sewer Une 08-48200-02 400,000 400,000 Sewer Trunk Fund 400,000 400,000 Yellow Pine Li1l Station 09-48200-01 650,000 650,000 Sewer Revenue Bonds 650,000 650,000 Rural Reserve Trunk Sanitary Sewer 1048200-01 2,250,000 1,250,000 3,500,000 Assessments 250,000 1,000,000 1,250,000 Sewer Trunk Fund 2,000,000 250,000 2,250,000 Sanitary Sewer Total 25,000 700,000 650,000 2,250,000 1,250,000 4,875,000 IStorm Sewer ~ Stonn Sewer Improvements 07-48300-01 50,000 51,000 52,000 53,000 54,000 260,000 Stonn Sewer Fund 50,000 51,000 52,000 53,000 54,000 260,000 New Track Backhoe 08-48300-01 2 80,000 80,000 Stonn Sewer Fund 80,000 80,000 Replacement - Elgin Street Sweeper 1043100-01 150,000 150,000 Stonn Sewer Fund 150,000 150,000 Storm Sewer Total 50,000 131,000 52,000 203,000 54,000 490,000 IStreet Signs I Radius Master Machine 0743300-01 8,400 8,400 Capital Projects Levy 8,400 8,400 Replacement - Sign Truck #41 0 08-43300-01 2 75,000 75,000 Equipment Bond 75,000 75,000 Street Signs Total 8,400 75,000 83,400 IStreets / Hi/:hways I Annual Street Seal Coat Project 0743100-01 287,632 271,328 480,438 660,377 515,760 2,215,535 Construction Seal Coat Fund 41,965 31,092 176,194 65,397 14,146 328,794 R & B - Crack Seal & Seal Coat 245,667 2.fD,236 304,244 594,980 501,614 1,886,741 Annual Street Crack Seal Project 0743100-02 89,840 98,968 183,390 153,439 152,187 677,824 Construction Seal Coal Fund 9,114 24,498 9,095 1,967 0 44,.,4 R & B - C,.ck Seal & Seal Coat 80,726 74,470 174,295 151,472 152,187 633,150 Annual Street Mill and Overlay 0743100-03 957,970 813,986 915,060 965,670 925,069 4,577,755 Assessments 239,492 203,496 228,765 241,417 231,267 1,144,431 12 Department Project# Priority 2007 2008 2009 2010 2011 Total R&B-Overlays 718,478 610,490 686,295 724,253 693,802 3,433,318 Annual Pavement Markings 07-43100-04 15,000 16,000 17,000 18,000 19,000 85,000 R & B - ResetVe 15,000 16,000 17,000 18,000 19,000 85,000 Annual Curb Replacement 07-43100-05 40,000 41,000 42,000 43,000 44,000 210,000 R & B - Reserve 40,000 41,000 42,000 43,000 44,000 210,000 Mounted Pothole Spray Patcher 07-43100-06 150,000 150,000 Equipment Bond 150,000 150,000 Replacement - Dump Truck wi Snow Removal #195 07-43100-07 200,000 200,000 Equipment Bond 200,000 200,000 Rail Road Quiet Zones 07-43100-08 330,000 110,000 440,000 Equipment Bond 180,000 180,000 Municipal State Aid Funds 150,000 110,000 260,000 Municipal State Aid Routes I New & Reconstruct 07-43100-09 1,615,000 898,800 767,000 714,000 3,994,800 Assessments 633,600 128,400 200,000 71,000 1,033,000 Fed"",t Funds 488,000 488,000 Municipat state Aid Funds 217,000 nO,400 567,000 643,000 2,197,400 R & B - Res""", 148,300 146,300 Sewer Trunk Fund 6,500 6,500 Wal... 7runk Fund 123,600 123,600 Intersection Upgrades 07-43100-10 175,000 175,000 275,000 625,000 Municipat state Aid Funds 175,000 175,000 275,000 625,000 Construct Bikewayl Walkway Corridors 07-TRAIL-01 210,000 210,000 7rail Funds 210,000 210,000 Replacement - Hot Asphalt Box 08-43100-02 40,000 40,000 Equipment Bond 40,000 40,000 Dump Truck wlSnow Equipment 08-43100-04 2 155,000 155,000 Equipment Bond 155,000 155,000 Replacement- Dump Truck wi Snow Removal #197 08-431 00-05 200,000 200,000 Equipment Bond 200,000 200,000 Replacement - Water Tanker 09-43100-01 2 100,000 100,000 Equipment Bond 100,000 100,000 Asphalt Paving Machine 09-43100-02 90,000 90,000 Equipment Bond 90,000 90,000 Streets / Highways Total 4,070,442 2,820,082 2,102,888 2,607,486 2,370,016 13,970,914 IWater I Rehabilitation of Wells 07-48100-01 45,000 45,000 50,000 50,000 55,000 245,000 Water Fund 45,000 45,000 50,000 50,000 55,000 245,000 Sealing of Well #1 07-48100-02 2 10,000 10,000 Water Fund 10,000 10,000 Water Main along South Coon Creek Drive 08-48100-01 795,000 795,000 Water Trunk Fund 795,000 795,000 Water Tower Painting 08-48100-02 SOO,OOO SOO,OOO Capital Equipment ResetVe 242,000 242,000 Water 7runk Fund 258,000 258,000 Demolish 500,000 Gallon Water Tower 09-48100-01 175,000 175,000 Water Trunk Fund 175,000 175,000 Construct Water Tower 09-48100-02 2,950,000 2,950,000 Water Revenue Bonds 2,950,000 2,950,000 WTP Reciaim Tank Addition 10-48100-01 500,000 500,000 Water Trunk Fund 500,000 500,000 13 Department Water Total GRAND TOTAL Project# Priority 2007 2008 2009 2010 2011 Total 5,175,000 34,908,031 55,000 1,340,000 3,175,000 550,000 55,000 5,514,842 7,993,799 9,159,888 7,957,486 4,282,016 14 City of Andover, MN Capital Plan 2007 thru 2011. DEPARTMENT SUMMARY Department 2007 2008 2009 2010 2011 Total Central Equipment 250,000 250,000 Community Center 8,000 15,000 23,000 Engineering 399,000 290,000 298,000 351,000 352,000 1,690,000 Facility Management 30,000 1,843,217 1,882,000 341,000 34,000 4,130,217 Park & Ree - Operations 40,000 40,000 40,000 . 40,000 40,000 200,000 Park & Rae - Projects 630,000 217,000 110,000 675,000 25,000 1,657,000 Sanital)' Sewer 25,000 400,000 650,000 2,250,000 1,250,000 4,575,000 Storm Sewer 50,000 51,000 52,000 53,000 54,000 260,000 Streets I Highways 3,720,442 2,425,082 1,912,888 2,607,486 2,370,016 13,035,914 Water 55,000 1,340,000 3,175,000 550,000 55,000 5,175,000 GRAND TOTAL 4,957,442 6,606,299 8,369,888 6,882,486 4,180,016 30,996,131 15 City of Andover, MN Capital Plan 2007 thru 2011 FUNDING SOURCE SUMMARY Source 2007 2008 2009 2010 2011 Total Assessments 873,092 331,896 228,765 691,417 1,302,267 3,427,437 Building Fund 515,217 515,217 Capital Equipment Reserve 242,000 242,000 Capital Projects Levy 60,000 43,000 22,000 23,000 24,000 172,000 Community Center Operations 8,000 15,000 23,000 Construction Seal Coat Fund 51,079 55,590 185,289 67,364 14,146 373,468 DNR Grant 62,500 62,500 Equipment Bond 180,000 180,000 Federal Funds 488,000 488,000 G.O. Bond 1,250,000 2,100,000 300,000 3,650,000 General Fund 10,000 57,000 50,000 58,000 50,000 225,000 Municipal Stale Aid Funds 542,000 1,055,400 275,000 567,000 643,000 3,082,400 Park Improvement Funds 567,500 217,000 110,000 675,000 25,000 1,594,500 R & B - Crack Seal & Seal Coat 326,393 314,706 478,539 746,452 653,801 2,519,891 R & B - Overlays 718,478 610,490 686,295 724,253 693,802 3,433,318 R & B - Pedestrian Trail 48,000 49,000 50,000 51,000 52,000 250,000 R & B - Reserve 201,300 57,000 59,000 61,000 63,000 441,300 Sewer Revenue Bonds 650,000 650,000 Sewer Trunk Fund 207,000 520,500 124,000 2,150,000 400,000 3,401,500 Slonn Sewer Fund 50,000 51,000 52,000 53,000 54,000 260,000 Trail Funds 210,000 210,000 Water Fund 55,000 63,000 50,000 50,000 55,000 273,000 Water Revenue Bonds 2,950,000 2,95O,000 Water Trunk Fund 299,100 1,173,500 299,000 650,000 150,000 2,571,600 GRAND TOTAL 4,957,442 6,606,299 8,369,888 6,882,486 4,180,016 30,996,131 16 City of Andover, MN Capital Plan 2007 thru 2011 PROJECTS & FUNDING SOURCES BY DEPARTMENT Department Project# Priority 2007 2008 2009 2010 2011 Total ICentral Eqnipment I Canopy for Fuel Island 09-48800-01 3 250,000 250,000 G.O.ElDnd 250,000 250,000 Central Equipment Total 250,000 250,000 ICommunity Center I Carpet - West Side Entrance 0744000-02 2 8,000 8,000 Community Center Opetafions 8,000 8,000 Storage Buildin9 1044000-01 2 15,000 15,000 Community Center Operations 15,000 15,000 Community Center Total 8,000 15,000 23,000 IEnwneerin2 I New Development Projects 0741600-01 351,000 241,000 248,000 300,000 300,000 1,440,000 Sewer Trunk Fund 1T5,5IlIJ 120,500 124,000 150,000 150,001I 720,000 Water Trunk Fund 175,5IlIJ 120,500 124,000 150,000 150,000 720,000 Pedestrian Trail Maintenance 0741600-02 48,000 49,000 50,000 51,000 52,000 250,000 R & B - Pedestrian 71ail 48,000 49,000 50,000 51,000 52,000 250,000 Engineering Total 399,000 290,000 298,000 351,000 352,000 1,690,000 IFacility Mana2ement I Carpet Replacement 0741900-01 2 10,000 10,000 10,000 10,000 10,000 50,000 General Fund 10,000 10,000 . 10,000 10,000 10,001I 50,000 Annual Parking Lot Maintenance 0741900-02 20,000 21,000 22,000 23,000 24,000 110,000 Capital Projects Levy 20,000 21,000 22,000 23,000 24,001I 110,000 Surface Seal all Brick Structures 0841900-01 40,000 40,000 Capital Projects Levy 22,000 22,000 Water Fund 18,000 18,000 Land Purchase 0841900-02 515,217 515,217 Building Fund 515,217 515,217 Building A - Seal Floor 0841900-03 7,000 8,000 15,000 Genera' Fund 7,000 8,001I 15,000 Salt Storage Building 0841900-04 350,000 350,000 G.O. Bond 350,000 350,000 Recycling Building & Fence 0841900-05 250,000 250,000 G.O. Bond 250,000 250,000 Attached Storage Building 08-41900-06 200,000 200,000 G.O. Bond 200,000 200,000 Fire St. #2 Addition and Parking lot Improve. 0841900-07 2 450,000 450,000 17 Department Project# Priority 2007 2008 2009 2010 2011 Total G.O. Bond 450,000 450,000 Addition to Storage Building & Vehide Mainl Shop 09-41900-O1 1,850,000 1,850,000 G.O. Bond 1,850,000 1,850,000 Pedestrian Tunnel Under Crosstown Blvd. 10-41900-01 300,000 300,000 G.O. Bond 300,000 300,000 Facility Management Total 30,000 1,843,217 1,882,000 341,000 34,000 4,130,217 jPark & Rec - Operations . ReplacelRepair Play Structures - Various Parl<s 07-45000-01 2 40,000 40,000 40,000 40,000 40,000 200,000 Capital projects Levy 40,000 40,000 General Fund 40,000 40,000 40,000 40,000 160,000 Park & Rec - Operations Total 40,000 40,000 40,000 40,000 40,000 200,000 IPark & Rec - Projects I Andover Station North Complex 07-45001-01 385,000 35,000 420,000 Park Improvement Funds 385,000 35,000 420,000 Terrace Park 07-45001-02 55,000 55,000 Pari< Improvement Funds 55,000 55,000 Crooked Lake Boat Landing 07-45001-03 125,000 125,000 DNR Grant 62,500 62,500 Park Improvement Funds 62,500 62,500 Strootman Park 07-45001-04 40,000 40,000 Parle Improvement Funds 40,000 40,000 Annual Miscellaneous Projecls 07-45001-99 25,000 25,000 25,000 25,000 25,000 125,000 Parle Improvement Funds 25,000 25,000 25,000 25,000 25,000 125,000 Forest Meadows Park 08-45001-01 25,000 25,000 Parle Improvement Funds 25,000 25,000 Sophies South Park 08-45001-02 75,000 75,000 Park Improvement Funds 75,000 75,000 Woodland Crossing Park 08-45001-03 57,000 57,000 Park Improvement Funds fiT,OOO 57,000 Andover Uons Park 09-45001-01 85,000 85,000 Pari< Improvement Funds 85,000 85,000 Hawkridge Park Improvements 10-45001-01 500,000 500,000 Pari< Improvement Funds 500,000 500,000 Prairie Knoll Park - Phase III 10-45001-02 150,000 150,000 Park Improvement Funds 150,000 150,000 Park & Rec - Projects Total 630,000 217,000 110,000 675,000 25,000 1,657,000 ISanitary Sewer . Uft Staion #1 Upgrade 07-48200-01 25,000 25,000 Sewer Trunk Fund 25,000 25,000 Crosstown Blvd Trunk Sewer Une 08-48200-02 400,000 400,000 Sewer Trunk Fund 400,000 400,000 Yellow Pine Uft Station 09-48200-01 650,000 650,000 Sewer Revenue Bonds 650,000 650,000 Rural Reserve Trunk Sanitary Sewer 10-48200-01 2,250,000 1,250,000 3,500,000 Assessments 250,000 1,000,000 1,250,000 Sewer Trunk Fund 2,000,000 250,000 2,250,000 18 Department Project# Priority 2007 2008 2009 2010 2011 Total Sanitary Sewer Total 25,000 400,000 650,000 2,250,000 1,250,000 4,575,000 IStorm Sewer I Stann Sewer Improvements 07 -48300.()1 50,000 51,000 52,000 53,000 54,000 260,000 Stann Sewer Fund 50,000 51,000 52,000 53,000 54,000 260,000 Storm Sewer Total 50,000 51,000 52,000 53,000 54,000 260,000 IStreets I Hiehways I Annual Street Seal Coat Project 07-43100.()1 287,632 271,328 480,438 660,377 515,760 2,215,535 Constroction Seal Coat Fund 41,965 31,092 176,194 65,397 14,146 328,794 R & B - Cnn:k Seal & Seal Coat 245,667 240,236 304,244 594,980 501,614 1,886,741 Annual Street Crack Seal Project 07-43100-Q2 89,840 9,8,968 183,390 153,439 152,187 677,824 Constroction Seal Coat Fund 9,114 24,498 9,095 1,961 0 44,1f74 R & B - Clack Seal & Seal Coat 80,726 74,470 174,295 151,472 152,187 633,150 Annual Street Mill and Overtay 07-43100-03 957,970 813,986 915,060 965,670 925,069 4,577.755 Assessments 239,492 203,496 228,765 241,417 231,21f7 1,144,437 R&B-Overlays 718,478 610,490 686,295 724,253 693,802 3,433,318 Annual Pavement Mar1<ings 07-43100.()4 15,000 16,000 17,000 18,000 19,000 85,000 R & B - Reserve 15,000 16,000 17,000 18,000 19,000 85,000 Annual Curb Replacement 07-43100.()5 40,000 41,000 42,000 43,000 44,000 210,000 R & B - Reserve 40,000 41,000 42,000 43,000 44,000 210,000 Rail Road Quiet Zones 07-43100.()8 330,000 110,000 440,000 Equipment Bond 180,000 180,000 Municipal state Aid Funds 150,000 110,000 260,000 Municipal Slate Aid Routes! New & Reconsbuct 07-43100.()9 1,615,000 898,800 767,000 714,000 3,994,800 Assessments 633,6110 128,400 200,000 71,000 1,033,000 Fed..., Funds 468,000 488,000 Municipal State Aid Funds 217,000 nO,400 567,000 643,000 2,197,400 R & B. Reserve 146,300 146,300 Sewer Trunk Fund 6,500 6,500 Water Trunk Fund 123,600 123,600 Intersection Upgrades 07-43100-10 175,000 175,000 275,000 625,000 Municipal State Aid Funds 175,000 175,000 275,000 625,000 Construct Bikeway! Walkway Corridors 07-TRAIL'()1 210,000 210,000 Trail Funds 210,000 210,000 Streets I Highways Total 3,720,442 2,425,082 1,912,888 2,607,486 2,370,016 13,035,914 IWater I Rehabilitation of Wells 07-48100.()1 45,000 45,000 50,000 50,000 55,000 245,000 WaterFund 45,000 45,000 50,000 50,000 55,000 245,000 Sealing of Well #1 07-48100-02 2 10,000 10,000 Water Fund 10,000 10,000 Water Main along South Coon Creek Drive 08-48100-01 795,000 795,OOO Water Trunk Fund 795,000 795,000 Water Tower Painting 08-48100-02 500,000 500,000 Capital Equipment Reseve 242,000 242,000 Water Trunk Fund 258,000 258,000 Demolish 500,000 Gallon Water Tower 09-48100-01 175,000 175,000 _7runk Fund 175,000 175,000 Consbuct Water Tower 09-48100.()2 2,950,000 2,950,000 Water Revenue Bonds 2,950,000 2,950,000 19 Department Project# Priority 2007 2008 2009 2010 2011 Total WTP Reclaim Tank Addition 10-48100-01 500,000 500,000 Water Trunk Fund 500,000 500,000 Water Total 55,000 1,340,000 3,175,000 550,000 55,000 5,175,000 GRAND TOTAL 4,957,442 6,606,299 8,369,888 6,882,486 4,180,016 30,996,131 20 City of Andover, MN Capital Plan 2007 thru 2011 DEPARTMENT SUMMARY Department 2007 2008 2009 2010 2011 Total Central Equipment 7,000 35,000 28,000 70,000 Community Center 7,500 7,000 7,000 21,500 Elections 100,000 100,000 Engineering 51,000 51,000 Facility Management 10,000 10,000 Fire 122,000 345,000 400,000 890,000 1.757,000 Park & Rec - Opel1ltions 59,500 65,500 135,000 74,000 334,000 Planning & Zoning 20,000 20,000 Sanital}' Sewer 300,000 300,000 Storm Sewer 80,000 150,000 230,000 Street Signs 8,400 75,000 83,400 Streets I Highways 350,000 395,000 190,000 935,000 GRAND TOTAL 557,400 1,387,500 790,000 1,075,000 102,000 3,911,900 117 City of Andover, MN Capital Plan 2007 thru 2011 FUNDING SOURCE SUMMARY Source 2007 2008 2009 2010 2011 Total Capital Projects Levy Central Equipment Fund Community Center Operations Equipment Bond Sanitary Sewer Fund Storm Sewer Fund 18,400 100.000 7,500 531,500 7,000 900,500 300,000 80,000 7,000 7,000 776,000 35,000 28,000 118,400 70,000 21,500 3,172,000 300,000 230,000 890,000 74,000 150,000 GRAND TOTAL 557,400 1,387,500 790,000 1,075,000 102,000 3,911,900 118 City of Andover, MN Capital Plan 2007 thru 2011 PROJECTS & FUNDING SOURCES BY DEPARTMENT Department Project# Priority 2007 2008 2009 2010 2011 Total ICentral Equipment , Replacement - Hotsy Pressure Washer 09-48800-02 3 7,000 7,000 Central Equipment Fund 7,000 7,000 Replacement - Roor Sweeper 10-48800-01 35,000 35,000 Central Equipment Fund 35,000 35,000 Replacement - Service Truck 10-48800-02 2 28,000 28,000 Central Equipment Fund 28,000 28,000 Central Equipment Total 7,000 35,000 28,000 70,000 ICommunity Center ~ Walk Behind Floor Scrubber 07-44000-01 7,500 7,500 Community Center Operations 7,500 7,500 Kitchen Equipment - Fryer/Grill 08-44000-01 2 7,000 7,000 Community Center Opera6ons 7,000 7,000 Battery Pack Replacement - Zamboni 09-44000-01 2 7,000 7,000 Community Center Operations 7,000 7,000 Community Center Total 7,500 7,000 7,000 21,500 IElections I Voting Equipment 08-41310-01 100,000 100,000 Capitl/ Projects Levy 100,000 100,000 Elections Total 100,000 100,000 IEn2ineerin~ I Replacement - Blazer #11 09-41600-01 2 30,000 30,000 Equipment Bond 30,000 30,000 Replacement - T etal Station 09-41600-02 21,000 21,000 Equipment Bond 21,000 21,000 Engineering Total 51,000 51,000 IFacility Mana~ement ~ Communication Radios 07-41900-03 10,000 10,000 Capitll Projects Levy 10,000 10,000 Facility Management Total 10,000 10,000 IFire I Rescue Truck 07-42200-01 40,000 40,000 119 Department Project# Priority 2007 2008 2009 2010 2011 Total Equipment B<md 40,000 411,000 New Mobile Data Terminals in Fire Trucks 0742200-02 2 30,000 30,000 Equipment Bond 30,000 30,000 Thennallmaging Camem 0742200-03 14,000 14,000 Equipment Bond 14,000 14,000 Replacement - Hydmulic Rescue Equipment 0742200-04 2 30,000 30,000 Equipment Bond 30,000 30,000 Hose WasherfTester 0742200-05 2 8,000 8,000 Equipment Bond 8,000 8,000 Replacement - Fire Marshall Vehicle 0842200-01 2 30,000 30,000 Equipment Bond 30,000 30,000 Replacement - Fire Tanker #31 0842200-02 295,000 295,000 Equipment Bond 295,000 295,000 WaterRce rescue boat 0842200-03 20,000 20,000 Equipment Bond 20,000 20,000 Replacement - Fire En9ine #11 0942200-01 400,000 400,000 EtpJipment Bond 400,000 400,000 Replacement - Ladder Truck #11 1042200-01 850,000 850,000 Equipment Bond 850,000 850,000 Replacement - Fire Chiefs Vehicle 1042200-02 2 40,000 40,000 EtpJipment Bond 40,000 411,000 Fire Total 122,000 345,000 400,000 890,000 1,751,000 IPark & Rec - Operations I Replacement - Sell-Propelled 48" Sweeper 0745000-02 2 20,000 20,000 Equipment Bond 20,000 20,000 Zero T um Mower 0745000-03 7,500 7,500 Equipment Bond 7,500 7,500 Replacement - Taro Groundsmaster 328 0745000-04 32,000 32,000 Equipment Bond 32,000 32,000 Truck - 3/4 Ton Crew Cab 0845000-01 35,000 35,000 Equipment Bond 35,000 35,000 Replacement - Mower T miler 0845000-02 8,500 8,500 Equipment Bond 8,500 8,500 Replacement - Taro Groundmaster 08-45000-03 22,000 22,000 EtpJipment Bond 22,000 22,000 Replacement - Large Capacity Lawnmower 0945000-01 112,000 112,000 Equipment Bond 112,000 112,000 Replacement - Taro Groundsmaster 0945000-02 23,000 23,000 Equipment Bond 23,000 23,000 Replacement - Trailer 1145000-01 2 9,000 9,000 Equipment Bond 9,000 9,000 Replacement - One Ton Pick Up wlPlow 1145000-02 2 65,000 65,000 Equipment Bond 65,000 65,000 Park & Rec - Operations Total 59,500 &5,500 135,000 74,000 334,000 IPlannin2 & Zonin2 ~ Replacement. Ford Taurus #15 0841500-01 2 20,000 20,000 EtpJipment Bond 211,000 20,000 Planning & Zoning Total 20,000 20,000 120 121 C1) 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: 2008 Budget Guideline Discussion DATE: March 27,2007 INTRODUCTION City Departments will soon start preparing for the 2008 Annual Operating Budget Development process and is looking to the City Council to establish the Council's guidelines for the preparation ofthe 2008 Annual Operating Budget. DISCUSSION The following are some suggested 2008 Budget Development guidelines for your consideration (consistent with the past few years): 1) A commitment to maintain or reduce the City Tax Capacity Rate, utilizing recent market value growth to meet the needs ofthe organization and positioning the City for long-term competitiveness, staffing and capital requirements through sustainable revenue sources and operational efficiencies. 2) Development of a financial plan to appropriately structure the expenditure of bond proceeds generated from the successful Open Space Referendum. 3) A fiscal goal that works toward establishing the General Fund balance for working capital at no less than 35% of planned 2008 General Fund expenditures. 4) A commitment to limit the 2008 debt levy to no more than 25% of the gross tax levy and a commitment to a detailed city debt analysis to take advantage of alternative financing consistent with the City's adopted Debt Policy. 5) A comprehensive review ofthe condition of capital equipment to ensure that the most cost- effective replacement schedule is followed. Equipment will be replaced on the basis of a cost benefit analysis rather than a year based replacement schedule. 6) A team approach that encourages strategic planning to meet immediate and long-term operational, staffing, infrastructure and facility needs. 7) A management philosophy that actively supports the implementation of Council policies and goals, and recognizes the need to be responsive to changing community conditions, concerns and demands in a cost effective manner. ACTION REQUIRED The Council is requested to review the aforementioned proposed Budget Development guidelines, discuss whether or not they are appropriate for developing the 2008 Annual Operating Budget, and provide additional comments or direction to staff. Q9) 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755.5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City AdrninistratorwL-- FROM: Will Neumeister, Director of Community Developmentad- SUBJECT: Code Enforcement Policies DATE: March 27, 2007 INTRODUCTION At the last Council workshop on February 27,2007 there was discussion about repeat code violations and what could be done to prevent these in the future. There were a few other items that were brought up by the Council that night that staff needed to do further research on. Since that meeting, a few other issues have surfaced that need further discussion. Each of those issues will be briefly discussed in this report. Council will be asked to provide staff direction on the policies they would like to move forward with. DISCUSSION 1. Finishing up exterior home improvements within one year. This was researched with the Building Department and the City Code requires all exterior work to be finished within one year from the time the building permit was issued. With the exception that people who have pulled a deck permit have only 120 days to complete their work. 2. Establishing escalating fines for repeat code violators. Prior to the last workshop discussion on this topic, the staff discussed this with the City Attorney. However it was discussed with the idea of deterring repeat zoning code offenders and the Attorney indicated that it is possible to set up a system where City employees can issue fines (similar to the system that Brooklyn Park has established - see attachment #1). In discussing this issue with City Attorney, he indicated that he didn't think that repeat violations was that great of a problem in the City at this time. He suggested that we continue having the City Attorney's office prosecute the violations as we do now and monitor the number of repeat violations. Typically about half of the code violation cases require more than one letter to get the violation to be resolved. Our policy has been to allow them two written notices to clean up and if they are not resolved after the second letter, we forward them to the City Attorney's office for processing. Last year there were 226 total code violation cases. There were 24 properties that would be considered as having multiple code violations on their property in that year. Sixteen cases were forwarded to the City Attorney. The City Attorney said to issue fines, the City would need to adopt an ordinance to set up a "Violations Bureau" to authorize "administrative fines" for residents who meet certain criteria. For example, this would come into play if three zoning complaints occurred within a six-month period. The fines may be effective as a threat and a deterrent, but the City could not require residents to pay them. Instead, refusal to pay the fine or resolve the zoning violation would result in the property owner facing a misdemeanor prosecution in the court system just as we do at present for unresolved zoning violations. If the Council would like to investigate this further we would need to involve the City Attorney in the discussion. 3. Review of the Coon Rapids "Excessive Consumption of Services"code section. A Council Member asked staff to investigate what Coon Rapids has done to use this as a deterrent to having repeated violations (see attachment #2). Coon Rapids staff indicated this doubled the fines for people that are repeatedly violating the code (from $70 to $140 per incident). Something like this could be adopted if the Council wants to stiffen the fines. 4. Establishing new lower standards for grass height Council wanted information on what other cities have established for maximum grass height (before it needs to be mowed). Here is what we found for maximum grass height in other cities: Anoka- 6 inches. Big Lake- 12 inches. Brooklyn Center- 8 inches. Brooklyn Park- 8 inches. Coon Rapids- 8 inches. Ramsey- 12 inches, or if it's gone to seed. 5. Clarify policy issue on when should staff be more proactive on code violations. Given the direction at the last meeting the City Administrator and Community Development Director were given direction to be more proactive when there are obvious code violations observed in the community. This is a grey area that needs discussion. Both of us have been using a more proactive enforcement approach, on very obvious code violations however,. the issue that has surfaced is when we observe violations on a given property that were not complained about. Some ofthese can be rather small issues and the neighbors probably didn't complain about them. In the past, when complaints were received the staff only pursued the items that were complained about. We need to be clear what we will do in the case where we see code violations that were not reported by a complainant. This is something staff wants Council to give further direction on. Does the Council want to expand the enforcement on a property to all observed violations, or only those that were complained about? 6. Home-based businesses in Andover are increasing (most of which are legitimately allowed). When should staff become more proactive to monitor them and follow up on them? Attachment #3 shows a list of new businesses established in Andover over a five-week period of time. The majority of these are allowed; however, without checking them out, there may be some that do not comply with the current home occupation definition and may not be allowed. Does the Council want the staff to be checking into these to be proactive in this area or does the Council only want to be reacting to complaints? There was a time that the City grandfathered in a list of home occupations that were not typical home occupations allowed by the code (see attachment #4). When that was done they became allowed as "Special Home Occupations". Ifwe have others that are starting to operate in a similar -2- fashion and no one reports them are we going to be facing the same situation a few years from now? We have had some complaints about some home occupations that are very difficult to prove that they are operating a business that is not allowed. The staff will provide more details on this at the meeting. The City could look at adjusting the code to be more explicit in the section that covers home occupations, or we could look at making the ones that are more offensive to neighbors, such as car repair, landscaping or lawn mowing services a conditional use. This would require a more detailed review and they would need to remain in compliance with the code, or their CUP could be revoked. The City of Champlin recently reviewed their code and they recently modified their ordinance to allow them more control of those types of home occupations (see attachment #5). 7. Other cities may define and control home occupations better. A Council Member thought we should look at other cities codes and see what they may have that we may want to add into our code? The home occupation section of code from Champlin and Coon Rapids are attached for your review (see attachment #5 and #6). Please give direction on whether you feel there is something in their regulations that the Council may want to incorporate into Andover's Code. To compare, Andover's Home Occupation Code is attachment #7; and the current Code Enforcement Policy is attachment #8. Please feel free to direct the staff to make any changes you feel are needed as to how the staff enforces the City Code related to any of the issues identified above. ACTION REOUESTED The Council is asked to review and discuss the Code Enforcement Policy and whether any changes are needed to make it become what the Council wants the staff to enforce in the future should complaints arise. Respectfully submitted, ~ Will Neumeister Attachments --3---- ~--- m - _____p _'m__ - - -. ":;#.7'- p - -.___mm..mmm.....__m._m_ _~M -. :L1'(2l~- _~m_.__m__m___. -.- ." -. 0-" _ ,_..._..~ "_" __ __ _ ._'_'__'-"__"'._"_u _._ __on..___.__......... _""_"___'_'__'_._.__~..__._'_'_ OGoen in New Window CHAPTER 37: ADMINISTRATIVE PENALTIES Section 37.01 37.02 37.03 37.04 37.05 37.06 37.07 37.08 37.09 37.10 Purpose Administrative citations and civil penalties Administrative offenses; schedule offmes and fees Administrative citation Administrative hearing Administrative review . Judicial review Recovery of civil penalties Criminal penalties Applicable laws & 37.01 PURPOSE. The City Council finds that there is a need for alternative methods of enforcing the city code. While criminal fines and penalties have been the most frequent enforcement mechanisms, there are certain negative consequences for both the city and the public. The delay inherent in that system does not ensure prompt resolution. Citizens resent being labeled criminals for violations of administrative regulations. The higher burden of proof and the potential of incarceration do not appear appropriate for most administrative violations. The criminal process does not always regard city code violations as important. Accordingly, the City Council finds that the use of administrative citations and the imposition of civil penalties is a legitimate and necessary alternative method of enforcement. This method of enforcement is in addition to any other legal remedy which may be pursued for - city code violations. . ('72 Code, ~ 903:10) (Ord. 1998-881, passed 7-22-98) & 37.02 ADMINISTRATIVE CITATIONS AND CIVIL PENALTIES. This chapter governs administrative citations and civil penalties for violations of the city code. ('72 Code, ~ 903:20) (Ord. 1998-881, passed 7-22-98) & 37.03 ADMINISTRATIVE OFFENSES; SCHEDULE OF FINES AND FEES. (A) A violation of any provision of the city code is an administrative offense, which may be subject to an administrative .citation and civil penalties pursuant to this subchapter. Each day a violation exists constitutes a separate offense. -'1-- (B) An administrative offense may be subject to a civil penalty not exceeding $2,000. (C) The City Council must adopt by resolution a schedule of recommended fines for offenses initiated by administration citation. The City Council is not bound by that schedule when a matter is appealed to it for administrative review. (D) The City Council may adopt a schedule offees to be paid to administrative hearing officers. (E) The City Manager must adopt written procedures for administering the administrative citation program. ('72 Code, ~ 903:40) (Ord. 1998-881, passed 7-22-98) & 37.04 ADMINISTRATIVE CITATION. (A) A person authorized to enforce provisions of the city code may issue an administrative citation upon belief that a code violation has occurred. The citation must be issued in person or by fIrst class mail to the person responsible for the violation or attached to the motor vehicle in the case of a vehicular offense. The citation must state the date, time, and nature of the offense, the identity of the person issuing the citation, the amount of the scheduled fine, and the manner for paying the fme or appealing the citation. (B) The person responsible for the violation must either pay the scheduled fme or request a hearing within seven days after issuance of the citation. Payment of the fine constitutes admission of the violation. A late payment fee of 10% of the scheduled fme amount will be imposed in accordance with ~ 37.08. ('72 Code, ~ 903:50) (Ord. 1998-881, passed 7-22-98) & 37.05 ADMINISTRATIVE HEARING. (A) The City Council must periodically approve a list of persons, from which the City Manager or designated agent will randomly select a hearing officer to hear and determine a matter for which a hearing is requested. A person who has been issued a citation has the right to request, no later than five days before the date of the hearing, that the assigned hearing officer be removed from the case. One such request for each case will be granted automatically by the City Manager or designated agent. A subsequent request must be directed to the assigned hearing officer who will decide whether the hearing officer can fairly and objectively review the case. The person issuing the citation may request the removal of a hearing officer only if the hearing officer cannot fairly and objectively review the case. If such a finding is made, the officer must remove that officer from the case, and the City Manager or designated agent must assign another hearing officer. The hearing officer is not a judicial officer but is a public officer as defmed by M.S. ~ 609.415. The hearing officer must not be an employee of the city. The City Manager or designated agent must establish a procedure for evaluating the competency of the hearing officers, including comments from citizens and city staff. These reports must be provided to the City Council. (B) Upon the hearing officer's own initiative or upon written request of an interested party demonstrating the need, the officer may issue a subpoena for the attendance of a witness or the production of books, papers, records or other documents that are material to the matter being heard. The party requesting the subpoena is responsible for serving the subpoena in the manner provided for civil actions and for paying the fees and expenses of any witness. A person served with a subpoena may file an objection with the hearing officer promptly but no later than the time specified in the subpoena for compliance. The. officer may cancel or modify the subpoena if it is unreasonable or oppressive. A person who, without just cause, fails or refuses to attend and testify or to produce the -f;- required documents in obedience to a subpoena is guilty of a misdemeanor. Alternatively, the party requesting the subpoena may seek an order from district court directing compliance. (C) Notice of the hearing must be served in person or by mail on the person responsible for the violation at least ten days in advance, unless a shorter time is accepted by all parties. At the hearing, the parties will have the opportunity to present testimony and question any witnesses, but strict rules of evidence do not apply. The hearing officer must record the hearing and receive testimony and exhibits. The officer must receive and give weight to evidence, including reliable hearsay evidence, which possesses probative value commonly accepted by reasonable and prudent people in the conduct of their affairs. (D) The hearing officer has the authority to determine that a violation occurred, to dismiss a citation, to impose the scheduled fine, and to reduce, stay, or waive a scheduled fme either unconditionally or upon compliance with appropriate conditions. When imposing a penalty for a violation, the hearing officer may consider any or all of the following factors: (1) The duration of the violation; (2) The frequency or recurrence of the violation; (3) The seriousness of the violation; (4) The history of the violation; (5) The violator's conduct after issuance of the notice of hearing; (6) The good faith effort by the violator to comply; (7) The economic impact of the penalty on the violator; (8) The impact of the violation upon the community; and (9) Any other factors appropriate to a just result. (E) The hearing officer may exercise discretion to impose a fme for more than one day of a continuing violation, but only upon a fmding that the violation caused a serious threat of harm to the public health, safety, or welfare or that the accused intentionally and the unreasonably refused to comply with the code requirement. The hearing officer's decision and supporting reasons must be in writing. (1 ) The failure to pay the fme or request a hearing within seven days after the citation, or the failure to attend the hearing, constitutes a waiver of the violator's rights to an administrative hearing and is an admission of the violation. A hearing officer may waive this result upon good cause shown. Examples of "good cause": death or incapacitating illness of the accused; a court order requiring the accused to appear for another hearing at the same time; and lack of proper service of the citation or notice of the hearing. "Good cause" does not include: forgetfulness and intentional delay. (2) The decision of the hearing officer is fmal without any further right of administrative appeal, except for matters subject to administrative review under S 37.06. In a matter subject to administrative review under S 37.06, the hearing officer's decision may be appealed to the City Council by submitting a request in writing to the City Manager or designated agent within seven days after the hearing officer's decision. ('72 Code, S 903:60) (Ord. 1998-881, passed 7-22-98) & 37.06 ADMINISTRATIVE REVIEW. (A) The hearing officer's decision in any of the following matters may be appealed by a party to the City Council for administrative review: (1) An alleged failure to obtain a permit, license, or other approval from the City Council as required by an ordinance; (2) An alleged violation of a permit, license, other approval, or the conditions attached to the permit, license, or approval, which was granted by the City Council; and -~~ (3) An alleged violation of regulations governing a person or entity, who has received a license granted by the City Council. (B) The appeal must be heard by the City Council after notice served in person or by registered mail at least ten days in advance. The parties to the hearing must have an opportunity to present oral or written arguments regarding the hearing officer's decision. (C) The City Council must consider the record, the hearing officer's decision, and any additional arguments before making a determination. The Council is not bound by the hearing officer's decision, but may adopt all or part of the officer's decision. The Council's decision must be in writing. (D) If the Council makes a finding of a violation, it may impose a civil penalty not exceeding $2,000 per day per violation, and may consider any or all of the factors contained in ~ 37.05(D). The Council may also reduce, stay, or waive a fme unconditionally or based on reasonable and appropriate conditions. (E) In addition to imposing a civil penalty, the Council may suspend or revoke any city issued license, permjt, or other approval associated with the violation, if the procedures in the city code have been followed. Any hearing required in the city code for such suspension or revocation is deemed satisfied by the hearing before the hearing officer with the right of appeal to the City Council. ('72 Code, ~ 903:70) (Ord. 1998-881, passed 7-22-98) & 37.07 JUDICIAL REVIEW. An aggrieved party may obtain judicial review of the decision of the hearing officer or the City Council in accordance with state law. ('72 Code, ~ 903:80) (Ord. 1998-881, passed 7-22-98) & 37.08 RECOVERY OF CIVIL PENALTIES. (A) If a civil penalty is not paid within the time specified, it constitutes: (1) A personal obligation of the violator in all other situations; and (2) A lien upon the real property upon which the violation occurred if the property or improvements on the property were the subject of the violation and the property owner was found responsible for that violation. (B) A lien may be assessed against the property and collected in the same manner as taxes. (C) A personal obligation may be collected by any appropriate legal means. (D) A late payment fee of 10% of the fine will be assessed for each 30-day period, or part thereof, that the fine remains unpaid after the due date. (E) During the time that a civil penalty remains unpaid, no city approval will be granted for a license, permit, or other city approval sought by the violator or for property under the violator's ownership or control. (F) Failure to pay a fme is grounds for suspending, revoking, denying, or not renewing a license or permit associated with the violation. ('72 Code, ~ 903:90) (Ord. 1998-881, passed 7-22-98) & 37.09 CRIMINAL PENALTIES. The following are misdemeanors, punishable in accordance with state law: -1- (A) Failure, without good cause, to pay a fme or request a hearing within 30 days after issuance of an administrative citation. (B) Failure, without good cause, to appear at a hearing which was scheduled under S 37.05. (C) Failure to pay a fine imposed by a hearing officer within 30 days after it was imposed, or such other time as may be established by the hearing officer, unless the matter is appealed under S 37.06. (D) Failure to pay a fme imposed by the City Council within 30 days after it was imposed, or . such other time as may be established by the City Council. ('72 Code, S 903:100) (Ord. 1998-881, passed 7-22-98) ~ 37.10 APPLICABLE LAWS. Where differences occur between provisions of this chapter and other applicable code sections, this chapter applies. ('72 Code, S 903:110) (Ord. 1998-881, passed 7-22-98) -~~ -AyTifiiilijll:ffiV'~r~z;.~:~.. City of Coon Rapids Code Section 12-317 -- Excessive Consumption of Services. (1) Collection Authorized. The City is authorized to collect inspection costs, as determined from time to time by ordinance, from a property owner who consumes excessive inspection services, or from a person who makes repeated unfounded requests for enforcement. Unpaid costs of inspection may be specially assessed against the property in the manner prescribed by law. (2) For the purpose of this Section, an excessive consumption of inspection services occurs on a non-rental property when: (a) One or more inspections are performed at the same location within a consecutive 12 month period after any inspection for which a notice of violation was served, and (b) During any inspection under Section 12-317(2)(a), the inspector finds continuing or additional violations. (3) For the purpose of this Section, an excessive consumption of inspection services occurs on a rental property when: (a) Section 12-317(2) is met, or (b) The second fOllow-up inspection to an initial or renewal inspection reveals non-compliance with requirements established in the initial or renewal inspection, or the first follow-up inspection. For Section 12-317(3)(b) excessive consumption of inspection services, double the cost may be imposed. (4) For the purposes of this Section, a repeated unfounded request for enforcement means an unfounded request for enforcement by any person within 90 days of a previous unfounded request for enforcement regarding the same property or subject matter, provided that person had notice the first request for enforcement has been determined to be unfounded. For the purposes of this Section, notice means actual notice, or written notice mailed to the person's last known address, and either not returned, or returned by the postal authorities as undeliverable. A person violating this clause is also guilty of a misdemeanor. (5) This Section applies to violations of this Chapter, license inspections under this Chapter, violations of Title 8 (Health, Safety, and Sanitation), and violations of Sections 11-1827 through 11-1832 (Vehicle Storage in Residential Districts; Junk Vehicles). This Section is supplementary to and does not limit the civil or criminal authority of governmental agents acting under statutes, laws, codes, or ordinances on the same subject. [Revised 6/20/06, Ordinance 1925] -r- ~alMfW1 ,.,.....2. Business Journal Assumed Names February 23. 2007 March 2. 2007 · Animal Eye Specialty Center PA, 2481164th Lane NW, Andover 55304. . Affordable Spaces Inc., 13969 Crosstown Blvd. NW, Andover 55304. . MSP Home Staging Inc., 1327 140th Ave. N.w., Andover 55304. . S&T TItle Services Inc., 4681 161st Lane NW, Andover 55304. . Fries Trees Inc., 2597 161st Ave. NW, Andover 55304. · TLC Storage, 43 Old Constance Blvd., Andover 55304. . Andover Small Engine Service, 43 Old Constance Blvd., Andover 55304. . Rosburg Construction, 13969 Crosstown Blvd. NW, Andover 55304. . Rock'n Robin, 16010 Tulip St.. Andover 55304. . G1adrock Publishing, 17058 Argon St. NW, Andover 55304. February 9. 2007 . New Exteriors by SMM LLC, 2258 137th Lane NW.. Andover 55304. . Minnesota Valuation Professionals LLC, 2212 150th Ave. NW, Andover 55304. . LK Funding Solutions LLC, 15582 Prairie Road NW" Andover 55304. . J&DB Enterprises Inc., 43 Old Constance Blvd. NW, Andover 55304. .. Knack Property Renovations Inc., 1286 150th Lane N.w., Andover 55304. . Am-Air Services LLC, 13905 Ivywood St. NW, Andover 55304. . Dangie Wellness Services PA, 16453 Argon St. NW. Andover 55304. . Red Elephant Crafts, 3953 174th Ave. NW., Andover 55304. · Dzubay Inspection Services Inc., 16045 N. Enchanted Drive N.w., Andover 55304. · B&D Investments of St Paul LLC, 14551 Makah St., Andover 55304. . Black and White Computer Forensics, 14567 Jonquil St., Andover 55304. . Bid-2-Buy.com, 18016 Bluebird St., Andover 55304. . MVP Appraisals, 2212 150th Ave. N.w., Andover 55304. March 9.2007 · Rupp Appraisal & Equity Corp., 1491 147th Ave. NW, Andover 55304. . Partners Solutions LLC, 13917 . Eidelweiss St. NW, Andover 55304. . Kurb Appeal of MN Inc., 4681 161st Lane N.w.; Andover 55304, . Eden Trucking Services Inc., 2815 135th Circle NW, Andover 55304. · CLB Co. Inc., 2815 135th Circle N.w.. Andover 55304. March 16. 2007 US Framing Corps LLC, 1889 Station Parkway, Andover 55304 Vypercon Homes and Remodeling LLC, 1889 Station Parkway, Andover 55304. Neat to the Street. 13538 Swallow St. N.w., Andover 55304. JDS Products, 195 Old Constance A1vd., Andover 55304, -Iq- ,lfttffiHidEifr~~ . SPECIAL HOME OCCUPATION PERMITS NAME BUSINESS ADDRESS JOHN WEGNER MUNICPAL BUILDERS 17125 ROANOKE ST.NW GORDY BERGER METRO MASONRY 3450 153RD AVE. NW JACK PIXLEY PIXLEY SWEEPS 4179 149TH AVE. NW STAN RASHAU STANS LINE CLEANING 3857168TH LANE NW JEFF JOHNSON CUSTOM HOMES 14315 PRAIRIE RD. NW SCOTTFOYT OLD AS GOLD 14424 PRAIRIE RD NW KEN GIESE A-1 SEWER 475 ANDOVER BLVD. NW DOUG MEISTER LANDSCAPING 541 ANDOVER BLVD. NW JAMES JUNKER JJ CONSTRUCTION 13503 CROOKED LK. BLVD NW DAVE PARSONS SIERRA CONSTRUCTION 2728 140TH LANE NW CHARLES HOULE HOULE INSULATION 3611157TH AVE. NW RONALD HANSON AFFORDABLE CONTAINER 17551 ROUND LK BLVD. NW ELROY WICKLUND LIBERTY FURNITURE 4115 149TH AVE. NW WILLIAM SCHMIDT wr CONTRACTING 16609 ZUNI ST. NW GERALD HAJDEN HAJDEN TRUCKING 15854 XENIA ST. NW G. ELLINGSON ELLINGSON CONSTRUCTION 17230 UPLANDER ST. NW REUBEN RICE RICE PATTERN 341 CONSTANCE BLVD. NW BRIAN LUBBERS O'BRIEN'S LAWN CARE 4325 149TH AVE. NW ALLEN WICKLUND WICKLUND CONSTRUCTION 4780 147TH LN. NW BRAD ZIMMERMAN CEMENT 15900 DAKOTA ST. NW EDWARD KOVAR KOVAR ELECTRIC 15719 DAKOTA ST. NW JIM GREEN WELL GROOMED LAWNS 2855 161ST AVE. NW GLENN HARMON SPECIALWELD, INC. 2811135THAVE. NW PAT DOBRAVA PHOTO SHOP 16120 UNIVERSITY AVE. NW WAYNE KNUDSON COUNTRY CONCRETE 16214 XENIA ST. NW RENATO CASTRO WAREHOUSE 2648 SO. COON CK DR. LAWRENCE CARDINAL AUTO BODY 15785 NIGHTINGALE ST. NW ~'jl ~ -11- 13-110.5 . CII"'M'tlg(1/()mtftJ@MTiiiilj~ ,_:...:rf7=t-'TICitiiliJ~~~-::==:=:-=_ ,__ ecial Re lations for All Residential Districts. Two-family dwellings may be divided into single parcels of record with the party wall acting as the dividing lot line subject to the following conditions: Each of the lots created in subdividing lands on which a two-family structure is located shall be equal in area or as near equal as is reasonably possible. Each lot divided by a party wall shall contain no less than one-half (1/2) the minimum land area and lot width required elsewhere in the zoning district. A ey of the premises showing acreage computations and dimensions shall be pr ared by a surveyor registered in the State of Minnesota and shall be filed with the . Clerk. 3. Except r setbacks along the party wall, all other setback and yard requirements shall be t. 4. Separate se . ces shall be provided to each residential unit for sanitary sewer, municipal wat , electricity, natural gas, telephone and other utilities. 5. The party wall t divides the two properties must be a vertical wall and not a horizontal wall. 6. To protect the safety d property of the owners and occupants, no existing property containing a p wall shall be divided into two (2) separate parcels until the dividing party w has a fIre rating that meets new construction standards contained in the iform Building Code and no openings shall be allowed in the party walls. Pa walls must meet sound transmission control ratings as set forth in the appendl of the Uniform Building Code. 7. The owner of the property to be su ivided by a party wall shall execute and record with the Hennepin County Re rder or Registrar of Titles a Declaration of Covenants, Conditions and Restrictions, which shall be approved by the Champlin City Attorney. The Declarations shall gen ally preserve the rights of the several owners sharing a single structure and also th rights of the public. These declarations shall contain the following: a. Building and property use restrictions. b. General rules of law relating to party walls. c. Rules relating to repair of the party wall if dama casualty and relating to maintenance of the party 1. d. Easements if the party wall encroaches on the abuttin e. A method of resolving disputes concerning the wall. f. Hazard insurance. 8. The authority to divide a single structure containing two (2) dwellin units shall be subject to the Champlin Code of Ordinances relating to park dedica 'pn and other subdivision requirements and the City Council may impose other r sonable conditions. 9. When full compliance with the provision of this Ordinance has been met, the requirements of the Zoning Ordinance as to setback along the party wall line sn be waived. B. Home Occupations (as defIned) are permitted uses in all residential districts provided that: 1. The use of a dwelling unit or garage for any home occupation shall be clearly ~ incidental and subordinate to its residential use. Not more than twenty-fIve percent (25%) of the floor area of one floor of a dwelling unit shall be used in the conduct of the home occupation. S 13-110 -/2-- - 1"'7.' fA -~AAi1,. T~7f7~Mb~-71i::G;;~jjl{Jl--~-'-: ~/r'rVlIV._ Ll'fQ_'fl~--.V._._,-_,-r:nLL~_- _u '''' ___.__~"_. 2. The home occupation shall be conducted entirely within a fully enclosed building. No exterior or interior alterations of the building or land, or other visible evidence of the conduct of the home occupation shall be permitted which are not customarily found in a dwelling, except that one sign, not exceeding one square foot in area, non-illuminated, and mounted flat against the wall of the principal building shall be permitted. . 3. No person other than members of the family residing on the premises shall be engaged in such occupation (requires a certificate of occupancy). 4. There shall be no exterior storage of equipment or materials used in the home occupation. 5. There shall be no use of utilities or community facilities beyond that normal to the use of property for residential purposes. 6. A home occupation shall serve no more than two customers or clients at one time. 7. The hours of operation for any home occupation shall be limited to between 8:00 a.m. and 8:00 p.m. 8. A home occupation shall not create pedestrian, automobile, or truck traffic significantly in excess of the normal amount in the district. No truck or similar vehicle used in conjunction with a home occupation shall be parked unhoused upon a residential lot. Such home occupations shall not involve the need for more than three (3) parking spaces for the occupant and visitors. Adequate off-street parking facilities required to serve the home occupation shall be provided on the premises, but no such parking facility shall be established within any required front or side yard, except upon an established driveway. 9. No equipment or process shall be used in such home occupation, which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receiver off the premises, or causes fluctuations in line voltage off the premIses. 10. No retail business other than that conducted by mail shall be permitted, except for those products that are not marketed or sold in a wholesale or retail outlet; examples of such products include, but are not limited to, the following: Avon, Fuller products, and Shakely products. II. Such occupations as, but not limited to, architects, artists, manufacturer's representatives, writers, clergymen, lawyers, teachers, insurance agents, dressmakers, and millinery and similar domestic crafts shall be permitted. 12. A citizen operating a home occupation grants to the City the right to inspect the premises in which the occupation is being conducted to insure compliance with the provisions of this subdivision or any conditions additionally imposed including the general health, safety, and welfare of the citizens of Champlin. The City reserves the right to prohibit any home occupation if it deems necessary. 9 13-110 -/3- .(hr). A...~_~~if/'J.rR5.~_'_~_.~.,~~.,. -~-.~..=.'...'.:~'..-..'~.~...~.".'."..'~. '..~~..."........._.~.~~._:'i:::" . . . . T/A~.A1e:ifli-~o= _:::-:=:-=-=. 11-604 Conditional Uses. (5) Home Occupations that are not accessory uses but meet the following criteria: ~ (a) The home occupation is clearly incidental and secondary to the residential use of the property and does not change the character thereof. (b) Nothing is discernable to surrounding properties indicating that a home occupation is being conducted except for a vehicle (otherwise permitted by 11- 1800) whose nature or signage indicate it is used in the business. There is no outdoor storage or display of equipment or materials used in the home occupation. (c) No external alterations are made that are not customarily found in dwellings. (d) If the home occupation is carried on in the garage, the minimum amount of required garage space is maintained as garage space. (e) All vehicles brought to the property in conjunction with the business are parked in the driveway. Resident's vehicles are not parked in the streets to provide these driveway parking spaces. No parking spaces are improved to provide for the home occupation. Any vehicle whose nature or signage indicate it is used in the business is parked in the driveway or garage. (f) No more than one person who does not reside on the premises works on the premises. Prior to the approval of such a conditional use permit the Planning Commission shall make a finding that the home occupation would not otherwise require a conditional use permit and that impact of such a home occupation on the surrounding neighborhood is no greater than that of a home occupation without such a worker that requires a conditional use permit. (g) The home occupation is serviced by delivery vehicles no larger than 26,000 gross vehicle weight. [Revised 12/11/90, Ordinance 1361] (h) The following home occupations are prohibited: repair of internal combustion engines of more than 12 horse power; body shops; machine shops; welding; ammunition manufacturing; flea markets; motor vehicle repair maintenance, service or sale; firearm sales; tattoo parlors or other objectionable uses as determined by the City Council. Machine shops are defined as places where raw metal is fabricated, using machines that operate on more than 110 volts of current. [Revised 6/04/91, Ordinance 1378][Revised 9/5/95, Ordinance 1536] (i) A conditional use permit may not authorize the keeping of more vehicles on a parcel than authorized by 11-1800. (j) These home occupations include, but are not limited to, the following: beauty shops, taxidermy shops, antique shops, repair shops, seamstress/tailoring/alteration shops, catering, photography studio, clock making shops, pet grooming, repair of small internal combustion engines of 12 horse power or less, upholstery shops, accounting, bookkeeping and medical practitioner's office. [Revised 6/04/91, Ordinance 1378] -fi!--- SECTION: 12-9- 1: 12-9- 2: 12-9- 3: 12-9- 4: 12-9- 5: 12-9- 6: 12-9- 7: 12-9- 8: 12-9- 9: 12-9-10: 12-9-11: .--.---..:71..--.-'.----:/:i-.-..-.-.~-/j;;;.7;~-.---.".ai)=-- .' .......nlV2~~~Jlii~.~~AfI1l~=- ~~~~?;;iiifii;~7/i:~~==~~=.~~~~==:= CHAPTER 9 HOME OCCUPATIONS Purpose Permitted Home Occupations; Location Restrictions Home Occupations In Accessory structures Nonconforming Home Occupations Conditional Use Permits Special Home Occupation Permits Inspections In-Home Beauty Salons and Barbershops Vested Rights Suspension Or Revocation Of Conditional Use Permit Illegal Home Occupations; Penalty 12-9-1: PURPOSE: The purpose of this chapter is to prevent competition with business districts and to provide a means through the establishment of specific standards and procedures by which home occupations can be conducted in residential neighborhoods without jeopardizing the health, safety and general welfare of the surrounding neighborhood. In addition, this chapter is intended to provide a mechanism enabling the distinction between permitted home occupations and nonconforming or customarily more sensitive home occupations, so that nonconforming home occupations may be allowed through an administrative process rather than a legislative hearing process. (Amended Ord. 8,10-21-1970) 12-9-2: PERMITTED HOME OCCUPATIONS; LOCATION RESTRICTIONS: All home occupations that conform to all of the following provisions may be conducted entirely within the principal structure. Home occupations shall not be conducted in a garage or accessory building unless the property owner conducting the home occupation has obtained a Conditional Use Permit as stated in Section 12-9-3 of this chapter or has obtained a Special Home Occupation Permit as stated in Section 12-9-4 of this chapter. A. Permitted Home Occupations Enumerated: Permitted home occupations include, and are limited to: art or photo studio, dressmaking, secretarial services, professional offices, repair services, or teaching services limited to three (3) students at anyone time and similar uses. -IS" ~ B. Number Of Employees: The number of employees shall be limited to one person on site in addition to family members. (Amended Ord. 8,10-21-1970) C. Amount Of Building Space Used: The area within the principal structure used by the home occupation shall not exceed twenty percent (20%) of the dwelling's livable floor area. Basements may be included if they meet all State Building Code requirements. (Amended. Ord. 8, 10-21-1970; amd. 2003 Code) D. On Site Sales: On site sales shall be prohibited, except those clearly incidental to services provided in the dwelling. E. Dwelling Changes: Any interior or exterior alterations of a dwelling for a home occupation shall be prohibited, except those custqmarily found in a dwelling. F. Vehicles: Vehicles associated with a home occupation shall be limited to one vehicle on the premises (said vehicle shall not exceed gross capacity weight of 12,000 pounds). G. Signs: Signs shall be regulated as stated in Section 12-13-9 of this title. H. Performance Standards: No home occupation shall produce light glare, noise, odor or vibration that will in any way have an objectionable effect upon adjacent or nearby property. I. Supervision: The home occupation shall be conducted by at least one member of the family who resides in the dwelling unit. J. Building And Safety Requirements: The home occupation shall meet all applicable fire and building codes. (Amended Ord. 8, 10-21-1970) 12-9-3: HOME OCCUPATIONS IN ACCESSORY STRUCTURES A. Conditional Use Permit Required: A Conditional Use Permit shall be required for the following home occupations that are located in an accessory structure or detached garage and/or require exterior storage: 1. Cabinet making. 2. Woodworking. 3. Repair services. -16- 4. Similar uses as those stated in Subsections A 1 through A3 of this section. B. Conditions Of Permit: These home occupations shall be subject to the following conditions: 1. Lot Size: The size of the lot or parcel of land shall be three (3) acres or larger. 2. Area Of Use: The combined square footage of the accessory structure and/or outside storage area utilized by the home occupation shall not exceed eight hundred (800) square feet. 3. Setbacks: Setbacks of the accessory building and outside storage area shall be of a magnitude found necessary by the city, but in no case shall there be less than a one hundred foot (100') front yard setback, thirty foot (30') side yard setback and fifty foot (50') rear yard setback or as required in Section 12-3-4 of this title. 4. Storage Restrictions: The outside storage area and all commercial vehicles, materials and equipment for the business being stored on site shall be fenced, landscaped and screened in such a manner as to prevent them from being visible at any time of the year from road rights-of-way, public properties and surrounding properties. (Amended Ord. 314 10-4- 2005) 5. Other Requirements: All provisions in Section 12-9-2 ofthis chapter. (Amended Ord. 8, 10-21-1970) 6. Termination of Use Upon Sale of Property: Upon sale of the premises for which the Conditional Use Permit is granted, such permit shall terminate. (Amended Ord. 31410-4-2005) 12-9-4: NONCONFORMING HOME OCCUPATIONS: Properties that had nonconforming home occupations prior to the adoption of this title (May 15, 1990) were given an opportunity to apply for a Special Home Occupation Permit. Those that were granted a permit are on file with the Department of Community Development and may continue to operate. However, they shall not increase in extent, number, volume, or scope from any of the information stated in the permit, or the permit will be subject to revocation. (Amended Ord. 314 10-4-2005) 12-9-5: CONDITIONAL USE PERMITS: Conditional Use Permits granted in Section 12-9-3 of this chapter shall follow the criteria established in Section 12- -/9~ 14-6 ofthis title. These permits shall be valid for one year from the date of issuance (unless otherwise specified in the resolution for approval) and thereafter shall be automatically renewed each year unless objections or complaints are received or the conditions of the permit are not adhered to. (Amended Ord. 8, 10- 21-1970) 12-9-6: SPECIAL HOME OCCUPATION PERMITS: A. Temporary Permits: Nonconforming Home Occupation permits granted by Section 12-9-4 of this chapter shall be temporary in nature, and shall be granted to a designated person who resides at the address where the home occupation is being conducted. (Amended Ord. 314, 1 0-4-2005) B. Non-transferability Of Permit: These permits shall not run with the land and shall not be transferable. C. Renewal Of Permit: Special Home Occupation Permits shall be automatically renewed each year unless objections or complaints are received, or conditions of the permit are not adhered to. D. Termination Of Permit: If the Special Home Occupation Permit holder expires or moves to a new location, the existing permit shall automatically terminate. In the case of death or other separation, the family member(s) remaining at the same address may continue the home occupation if written notice is given to the Department of Community Development and authorization for the continuation of the permit is given with Council approval. (Amended Ord. 314 10-4-05) 12-9-7: INSPECTIONS: There may be one annual inspection each year made by the City Administrator or Administrator's designee of the property covered by a Conditional Use Permit or Special Home Occupation Permit. In addition, the City Administrator or the Administrator's designee shall, upon reasonable request, enter and inspect the premises covered by said permit for compliance purposes. (Amended Ord. 8,10-21-1970) 12-9-8: IN HOME BEAUTY SALONS AND BARBERSHOPS: In home beauty salonslbarbershops shall be subjectto the following: A. Compliance with Title 3, Chapter 6 of the City Code. B. Drawings Submitted: Drawings detailing the salon/shop shall be . submitted at the time of the request for the Conditional Use Permit. -/~- C. Compliance With State Requirements: The salon/shop must comply with the State Cosmetology Board and the State Barbers Board requirements. D. Number of Chairs: One chair salonlbarber only. E. Hours of Operation: The hours of operation shall be approved by the City Council. F. Parking: Parking requirements shall be as set out in section 12-13-10 of this title. G. Non-sewered Areas: In non-sewered areas, the septic system shall be in compliance with Title 10, Chapter 4 of this code. A beauty shoplbarber shop shall be considered the equivalent to one bedroom in terms of usage under Title 10, Chapter 4 of this code. H. Occupancy By Owner: The beauty shoplbarber shop shall be owner occupied. I. Termination of Use Upon Sale of Property: Upon sale of the premises for which the Conditional Use Permit is granted, such permit shall terminate. (Amended Ord. 8, 10-21-1970, Ord. 314 10-4-2005) 12-9-9: VESTED RIGHTS: No home occupation allowed by Conditional Use Permit or Special Home Occupation Permit shall confer upon any person or to the benefit of any property owner any vested right. Rather, the use shall remain subject to all conditions of the permit as established by the city. The city may find it necessary from time to time to review the conditions of the permit as they relate to the provisions of the general welfare of the community. (Amended Ord. 8,10-21-1970) 12-9-10: SUSPENSION OR REVOCATION OF CONDITIONAL USE PERMIT: When the City Council determines that the public interest so requires, it may revoke or suspend the Conditional Use Permit of a home occupation when it finds, after due investigation and a public hearing, that: A. The permit holder, or any of his or her employees, has concealed the receipt of stolen property or has knowingly received stolen property. B. The permit holder has not complied with the provisions of law applicable to the premises, equipment or operation of the home occupation. ~ 1<[ - C. The permit holder has obtained a permit through fraud or misstatement. D. The home occupation or activity is being conducted in a manner found to be detrimental to the health, safety, or general welfare of the public or is a nuisance, or is being operated or carried on in an unlawful manner. E. The home occupation has not been operating or in business for a period of six (6) consecutive months. (Amended Ord. 8, 10- 21-1970) 12-9-11: ILLEGAL HOME OCCUPATIONS; PENALTY: All home occupations that are being conducted in violation of this chapter are illegal. Any person violating any provision of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to punishment as defined by state law. (Amended Ord. 8, 10-21-1970) -1.-0<-- --'~':AiiAiiii~..~$.:'..'.':-~.=~~~--~-- CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . A.."IIDOVER, MINNESOTA 55304 . (763) 755.5100 FAX (763) 755-8923 . WWW.CI.ANDOVER..MN.US TO: City Staff FROM: John Erar, City Administrator Dave Carlberg, Community Development Director SlJBJECT: Zoning Code Enforcement - Staff Enforcement Guidelines . DATE: September 19, 2001 In order to address the myriad questions and issues arising from a code enforcement violation, the need to develop written arlministrative guidelines on code enforcement procedures has been identified.. The purpose of these guidelines is to develop a set of .standardized procedures to ensure proper communications between city staff, the complaining party and the alleged violator; effectively address code enforcement violations; emphasize the, need for proper documentation; ensure proper departmental oversight; and promote, and encqurage opportunlties for increased public understanding of the City's role in code enforcement situations.- . l) Zoning Code enforcement action Villi only be initiated by the City in response to citizen or Council complaints, or in situations wnere .the'GD. Director; in consultation with the City Administrator, deems it to be a:. threat' to . the health., safety and welfare of the public. The Director, in situations where the public health., welfare and safety may be jeopardized., may consult With other Staff or outside agencies as necessary to reach a conclusion befOl:e consulting with the City Administrator. 2) Complaints received should be requested in writing and at minimum should include a. name, address and telephone number and specific nature of the code violation or complaint. Individuals should be provided with the option of remaining anonymous, but should understand that unless they provide their name, address and telephone number for City files, no action will be taken. Council complaints taken by staff should also follow procedures as outlined in. the Council-Resident Complaint Resolution policy. 3) Complaints must be verified by appropriately designated staff and should include: name of inspecting staff person, notes to file, digital pictures, date, time and location in which the violation was observed. 4) Initial Code violation citation letters should be specific as to the violation, the purpose/outcomes associated with City enforcement actions and should offer the violating property O'WD.er with the opportunity to meet with staff to dlscuss the violation within a specific number of working days. -tl- 5) 6) 7) 8) 9) 10) . 1'{) , '.> " " Respectfully submitted, 94;fr~ Jj/t:n Erar . fity Administrator Cc: Mayor and Council Bill Hawkins, City Attorney ~f~ Community Deve10pment Director ~-