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Home My WebLink AboutCC August 8, 2007 o o o 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US Regular City Council Meeting - Wednesday, August 8, 2007 Call to Order - 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (7/17/07 Regular Meeting; 6/26/07 Workshop; 7/24/07 Workshop) Consent Items 2. Approve Payment of Claims - Finance 3. Approve Hold Hannless & Easement Encroachment Agreement/2579 - 1 54th Avenue NW -Engineering 4. Accept DNR MNReLeaf Grant/06-43/0ak Wilt Suppression Program - Engineering 5. Accept Resignation/Park & Recreation Commission Member - Engineering 6. Appoint Park & Recreation Commission Member - Engineering 7. Waive Public Hearing/Adopt Assessment Roll/05-l5/Andover Station North Ball Field Improvements- Engineering 8. Approve Plans & Specs/Order Quotes/Award Quote/07-25 (2756 - 134th Lane NW) & 07-26 (2766 - 134th Lane NW)/SS & WM - Engineering 9 . Award Quote/07 -7/2007 Trail Maintenance - Engineering 10. Update Use of Utility Easement for Timber Trails 2nd Addition - Engineering 11. Approve Kennel License Renewal/Dover Kennel - Clerk 12. Approve Tobacco License/Andover Mobil- Clerk 13. Approve RenewallPremises Permit/Andover Lions Gambling - Clerk 14. Approve Amendment to City Code 9-1/ Adopting Newest Edition of Minnesota State Building Code/ Chapter 1306 - Building 15. Repeal of Ordinance 277, Minnesota State Fire Code & Approve Ordinance to Adopt New 2007 Minnesota State Fire Code/Chapter 7511 - Fire 16. Approve Amendment to City Code 9-1-6B.2.1Installation of Explosive Gas Monitors - Planning 17. Approve Auditing Services Contract/HLB Tautges Redpath - Finance 18. Approve Market Rate and Reorganization Adjustments - Administration 19. Approve Dental Renewal and Employer Contribution - Administration 20. Approve Final PlatIWoodland Estates Third Addition - Planning 21. Approve Amendment to City Code 3-5-4-A-7, 3-5-11-B and 1-7-2-C/Solicitors and Canvassers - Clerk 22. Approve Acquisition of Tax Forfeit Land/Lot 3, Block 1, Hamilton Square - Clerk 23. Approve Raffle PennitIDucks Unlimited - Clerk Discussion Items 24. Hold Public Hearing/Adopt Assessment RolllWoodland Crossings (05-32), Shaw's Glen (05-24), Cardinal Ridge (05-20) & Adjacent Parcels - Engineering 25. Hold Public Hearing/Consider Vacation of Easement/1251 - l38th Lane NW - Planning 26. Award Bid/06-l OIRailroad Quiet Zones - Engineering 27. Consider Conditional Use Permit Amendment and Time Extension for Mining Permit/16689 Hanson Blvd. NW - Planning 28. Discuss Animal Control Code - Planning 29. Consider Participating in Anoka County Housing & Redevelopment Authority Economic Development Activities - Administration Staff Items 30. Discuss Schedule for Comprehensive Plan Update - Planning 31. Schedule EDA Meeting - Administration 32. Schedule September Workshop - Administration 33. Administrator's Report - Administration Mayor/Council Input Adjournment o o o (j) 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 ~ WWW.CI.ANDOVER.MN.US TO: Mayor and City Council CC: Jim Dickinson, City Administrator FROM: Vicki V olk, City Clerk SUBJECT: Approval of Minutes DATE: August 8, 2007 INTRODUCTION The following minutes were provided by TimeSaver Secretarial Service for approval by the City Council: June 26, 2007 Workshop July 17,2007 July 24, 2007 Regular Meeting Workshop DISCUSSION Attached are copies of the minutes for your review. ACTION REOUlRED The City Council is requested to approve the above minutes. Respectfully submitted, /);L,. tJ/b Vicki V olk City Clerk 01 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 022 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 044 45 46 47 48 ANDOVER CITY COUNCIL WORKSHOP - JUNE 26, 2007 MINUTES The Council Workshop of the Andover City Council was called to order by Councilmember Jacobson, June 26, 2007,6:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Mike Gamache (arrived at 6: 15 p.m.), Don Jacobson, Mike Knight, Ken Orttel, Julie Trude None City Administrator, Jim Dickinson City Engineer, Dave Berkowitz Community Development Director, Will Neumeister Others Councilmember absent: Also present: UPDATElIRRIGATION AGREEMENT WITH ASSOCIATIONS - ENGINEERING Mr, Berkowitz reviewed the new agreement for associations which will help in monitoring irrigation use. Homeowner associations could be charged for each unit in violation. Councilmember Jacobson stated that the violation agreement at the bottom of the form should be highlighted. Councilmember Trude stated it is based on odd and even addresses. Mr. Berkowitz stated there are exceptions highlighted on the agreement. When the form is filled out a contact person for the association is requested. The form will be hand delivered to each association and will go before Council for approval. Councilmember Trude suggested this be moved on immediately due to depleted water supply in the water tower. DISCUSS REQUEST FOR AUTISTIC CHILD SIGNS (CONTINUED) - ENGINEERING Councilmember Orttel asked what other cities are doing about autistic signage. Mr. Berkowitz stated that the City of Rochester is the only City identified that allows this type of sign in a residential front yard. Jenny Larson requested this policy back in March. This will be for areas around Crooked Lake Elementary, Andover Elementary and Oakview Middle Schools and involves 48 students and 15 preschoolers in these areas. Councilmember Jacobson asked Jenny Larson about behaviors of autistic children. Ms. Larson. stated that her autistic son has no fear and likes to run out in the street. Ms. Beth Ziesmer stated her autistic child is nonverbal and is not able to use fear to help keep safe. o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 C 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 43 44 Special Andover City Council Workshop Meeting Minutes - June 26, 2007 Page 2 Councilmember Trude stated that autism covers a wide range of abilities, from talking and communicating to being nonverbal. She questioned what a driver would do when they see a sign that an autistic child is in the area. Ms. Ziesmer stated it would be to raise awareness and alert people to slow down and watch for a child. Councilmember Jacobson stated that another neighborhood obtained signs with a little flag and that helped the traffic slow down. Those signs were placed out when the children were outside playing. Mr. Berkowitz stated two issues are: 1) Should a policy be in place for these situations. 2) Should the City pay for this. Ms. Ziesmer stated her child goes to the Anoka Learning Center and within three blocks there are three preschool students with autism. Councilmember Trude asked if the signs would be minimally effective because signs become part of the landscape and are not noticed. Mr. Berkowitz stated that the signs in Rochester are not down the street but are placed at the specific residence in the front yard to alert people driving through the area that there is a disabled child. Councilmember Jacobson questioned if there is a sign option that is less than $150. Mr. Berkowitz stated that the resident pays the cost in Rochester but the sign is allowed by the City. He commented that to increase exposure the sign would be in the City right-of-way. Councilmember Knight stated that he supports the idea if it helps even one family and child. The autism definition has been expanded which contributes to increased numbers of children having this diagnosis. Mayor Gamache arrived at 6:15 p.m. Councilmember Trude stated that to determine how many signs are needed the total number of children affected in their community needs to be available. She speculated that there are around 200 autistic children. Councilmember Jacobson stated that for a deaf and blind child sign there is no charge to the resident. Mr. Berkowitz stated that in the MUTCD Manual a charge to the resident is not mentioned. Be does not find this type of sign mentioned as an allowable use. He has never seen this type of sign requested during his time with Andover. He would research to see what the City's approach is. Councilmember Jacobson suggested providing the signs for a few families on a temporary basis. He suggested that they monitor how many additional requests there are. Mr. Berkowitz stated the City makes the signs and they are yellow with black lettering. Councilmember Trude suggested that no more than one sign be used per neighborhood. o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 O 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 43 44 Special Andover City Council Workshop Meeting Minutes - June 26, 2007 Page 3 Mr. Dickinson suggested having signs provided on a temporary basis to see how things go. He suggested not charging families. Councilmember Trude stated that an effective way to monitor an autistic child is to use an autism bracelet. Ms. Larson stated that her son has autistic sensory disorder which would prevent him from being tolerant of wearing a bracelet. Mayor Gamache suggested having an article in the next City newsletter explaining the purpose of autism signage. Mr. Berkowitz stated he would look at this. The Council agreed to a maximum of twelve signs at no cost to residents. Councilmember Trude suggested offering the signs for a year and to monitor any feedback. DISCUSSMARYSTONEBOULEVARDNWIROANOKESTREETNWI07-33 -ENGINEERING Mr. Berkowitz reviewed the two options for replacing the road. Councilmember Jacobson questioned how many properties are involved. Mr. Berkowitz replied that eight properties are affected. He reviewed pictures of the area showing side banks and current drainage. Councilmember Knight stated there are two large oak. trees that squeeze the road currently. Mr. Berkowitz stated that they would likely need to come out to expand the road. Mr. Karl Sleuth questioned if the road could be adapted for their eight home neighborhood to save the trees. He reported that the road has minimal traffic. Mr. Berkowitz stated a thorough survey is needed to determine which trees will come out in order to meet the City requirements for the street width. He stated that the street has already been designed with minimums. Councilmember Orttel questioned if the road can be shifted a number of feet to accommodate the trees. Mr. Sleuth stated he went for a walk during the downpour and doesn't think the turnaround needs to be a two way. He questioned if it can be narrower. Mr. Berkowitz stated the turnaround has been moved to fit the area better and is a one way area Ms. Donna Amdahl stated there are unusual, rare Jack pines in the area and the road was originally designed around them. Dr. Yeager of 481 0 Marystone owns property on the eastern side of Roanoke and the northeastern side of Marystone. He stated that about a quarter of an acre of his own land will be taken for the road if ten feet is removed along the side for the road. He is against the road. Councilmember Jacobson stated they have to prove that the cost to improve the road has to be justified based on the loss ofland. o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 O 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 43 44 Special Andover City Council Workshop Meeting Minutes - June 26, 2007 Page 4 Mayor Gamache suggested completing a survey and marking trees that would be removed. Mrs. Adrian Yeager stated the road has been there for almost 90 years. It has a history and is near an area where some Indian battles were. The curve should be 15 - 20 mph instead of 25 at the curve. The arborist from the University stated that four of the trees are over 100 years old. There is an Indian mound between the road and the Rum River. She suggested that the area does not need to be changed. The road takes about a minute to travel and increasing the speed on it is not worthwhile to her. She stated another party's survey identified a 19 foot drop from their neighboring driveway to an area just past their property. She questioned where the rain will go. The area is currently sand and drains well. Councilmember Jacobson questioned how much a survey will cost. Mr. Berkowitz stated Staff would complete a two or three day survey at a cost of around $1200. There are preliminary costs for both options. The roadway length is about 1750 feet, around a third of a mile. He stated the curb and gutter is the least costly option. The cost is about $208,000 at around $26,000 per property. The cost for a street that is 18 feet wide with one-foot gravel and clear zone is $233,000 and it is in the $30,000 range per property. Councilmember Orttel stated they should go forward with the survey and continued discussions with the residents. He mentioned that most seem not to be supportive of the new road. Mr. Berkowitz stated they would review the conditions and circumstances. The road would not be started this year. Dr. Yeager stated that many oak trees would be taken down on his property. They have lost around 200 trees over the years from oak wilt and oak wilt can resurface again if the trees are cut down at the wrong time of the year. Mr. Sleuth requested that the road be as narrow as possible. Mayor Gamache stated the survey will be done later this summer and the residents will be contacted with options and details about trees and drainage. Mr. Berkowitz stated there will be another neighborhood meeting after the current busy construction season is more under way. TIF DISTRICT 1-4 UPDATElINDUSTRIAL OPPORTUNITIES DISCUSSION PLANNING/ADMINISTRATION Mr. Neumeister reviewed the need for site improvements for Hugh's Industrial Park to meet with City Code. He stated this is an older industrial park and businesses need the option to expand. The current regulations require a variance. He suggested different standards be established to be more commercially oriented. He asked if the City could work with the property owners to reach a middle ground. The businesses will be hesitant to expand without changes to the Code. He suggested that different site requirements or allowing a conditional permit for outdoor storage be considered as part of an expansion plan. He requested that exceptions be made for these business owners. They do not want a precedent for other areas of the city. Mr. Dickinson stated various conditions could be considered. The zoning could be addressed for the businesses. The industrial park employs several people in the community. He stated to keep businesses in the area they will need to be able to c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 O 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 43 44 Special Andover City Council Workshop Meeting Minutes -June 26,2007 Page 5 expand. Councilmember Jacobson asked for an example that has taken place. Mr. Neumeister stated there is a repair shop with a roll-off service. Improvements can be suggested to the 2-1/2 year-old business. He asked if there is room for a new zoning district as a half way step to accommodate the businesses with permitted uses in the area. Councilmember Orttel does not have a problem with allowing the existing businesses to have unique guidelines but requests that the area be developed under the guidelines. He supports having curb and gutter and improvements. Mr. Dickinson stated for zoning there are different levels that can apply. Councilmember Knight supports having a separate zoning that includes curbing. Councilmember Trude requested that zoning include screening from neighboring businesses. She commented this will protect the value of neighboring areas. She supports protecting environmental safety. Mr. Dickinson stated there will be investments up front to improve the properties but the owners would like to know what will be expected from them. Councilmember Jacobson questioned if there is a rough draft of what is being considered for property owners to review. Mr. Neumeister suggested including dust control and painting the outside of buildings to improve the area's appearance. Mr. Kurt Hedke asked if his outdoor septic tanks are grandfathered in. Mr. Dickinson stated they are grandfathered in. Councilmember Jacobson asked for a proposal before a decision is made. Mr. Dickinson stated a conditional use permit would be needed for a roll off business. Councilmember Knight questioned ifTIF District A or B would apply or would it be separated off from that. Mr. Neumeister stated that the Code needs to be updated to maintain their businesses in the area so there is an arrangement. He stated this can be a negotiation. The property will be improved over time with the changes eventually proposed. Mr. Hedke asked if he would be allowed to continue to do his business and expand his use. He asked if he could use short ready mix as a new business. Councilmember Jacobson asked if he already does this for his business. Mr. Hedke stated he does already do ready mix as part of his business. He will not be expanding his building. Councilmember Jacobson stated that a third of the business park has not been developed. Mr. Neumeister stated that the new changes could affect the undeveloped part of the park. Mr. Dickinson stated this could be considered a redevelopment district. Improvements will be paid for as the property values go up in a TIF District. o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 C 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 43 44 Special Andover City Council Workshop Meeting Minutes -June 26,2007 Page 6 Mr. Jim Larson of Larson Plumbing and Heating stated he needs to do some cleanup on his property. He commented that the ground has been cleaned up. The containers are mostly construction materials. A special use permit was requested because of a complaint of dust. The front buildings are landscaped and have sprinkler systems so there is a nice appearance to persons driving by. His taxes have gone up by 40 percent in the last year. The businesses are noncompliant and if even glass for a window is repaired a permit has to be requested which causes a problem. Mr. Clarence Zeulager questioned if a tenant parks a trailer or bobcat overnight is it considered outside storage. Councilmember Orttel stated if the area is fenced and screened it is allowed. Mr. Dickinson suggested having a meeting with the property owners to address their questions and discuss the changes. They will write out the changes for the July Council Meeting. Mayor Gamache stated they would like to see the buildings improved. Mr. Neumeister stated they will have a building official at the meeting to address questions. Councilmember Trude stated it would be a zoning area and not a TIP district. Mr. Dickinson stated this area is a redevelopment district and could be identified as an unsewered industrial district. Mr. Dave King stated he represents the roll off company in question. He thanked the Council for their discussion with the businesses. He reviewed another business that was being asked to make significant improvements would not have been able to stay in business because of the costs involved. He appreciates the discussion so the businesses have feedback. Mayor Gamache stated that City sewer and water is about 10 to 15 years away. The goal is the improve appearances without pushing businesses away. Councilmember Trude stated the businesses could challenge their property taxes by requesting a review. Mr. Dickinson stated there are land sales occurring that are pushing the market and inflating the market values. Mr. Neumeister stated the building official, City Administrator, and City Engineer will be at the meeting with business owners. DISCUSS DISEASED TREE POLICY - ENGINEERING Mr. Kytonen stated there is continued concern about how to deal with property owners who have dozens of diseased trees. Staff reviewed the policy and has added a clause that if the tree removal cost exceeds 10 percent of the land value, or $10,000, the City Council will need to approve the work before it takes place. Councilmember Jacobson questioned if cost is calculated after grants and other payment aids. Mr. Berkowitz stated it is after a $10,000 cost by the homeowner. o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 018 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 43 44 Special Andover City Council Workshop Meeting Minutes - June 26, 2007 Page 7 Councilmember Jacobson asked how land value is determined. Councilmember Trude stated they would pull tax records. If the homeowner does not remove the trees the City hires someone to remove the trees. She read that the payment is owed in a single installment. Councilmember Knight questioned if a neighboring property cuts an oak tree at the wrong time of year and spreads disease is the homeowner responsible. Councilmember Jacobson questioned why the payment is all due at once. Mr. Berkowitz stated it is meant as a penalty and is not an assessment. Councilmember Ortte1 stated that in years past he has seen the cost of $7,000 for one tree. He questioned if the cost is $100,000 would the homeowner only be charged $1 O,OOO? Mr. Berkowitz stated that costs would go before the Council to discuss how to approach it. Councilmember Ortte1 stated he has had people asking for downed trees just for the lumber. Mr. Berkowitz stated the trees could be turned into wood chips. Mr. Kytonen stated there are companies that at certain times of the year are interested in the lumber and will remove specific trees at a very minimal cost. Councilmember Trudy stated that if the tree is near a home the cost is more so that precautions are taken not to damage anything. Councilmember Jacobson suggested allowing repayment over five to eight years so that a hardship is not created for the residents. Mr. Berkowitz stated he would work on thewording on page 7, item six on how assessments would be made. If a property owner wants the service and cannot afford it they can request this service from the City. This will be at the current interest rate. He will include this in the policy. Councilmember Trude questioned if many property owners have paid more than $5,000 to remove trees. Mr. Berkowitz stated they are planning to be more aggressive with tree removal. Councilmember Knight asked if Mr. Kytonen could create a list ofloggers who do tree removal for the lumber. Mr. Kytonen stated he has worked with the DNR to create a list. A licensing agreement is needed for companies to do business with the City. Mr. Dickinson stated this is to ensure that businesses have insurance. Mr. Kytonen introduced Andie Dierich who is an intern. Ms. Dierich stated she graduated fromthe University with a forestry degree. DISCUSS DIRECTION TO OPEN SPACE COMMISSION - PLANNING Mr. Dickinson stated the new Commission is in place. They are looking for direction from the o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 018 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 43 44 Special Andover City Council Workshop Meeting Minutes - June 26, 2007 Page 8 Council on the by-laws. The requests for Powers and Responsibilities should be reviewed in addition to meetings arid attendance. Sections 1.06 and 1.07 are the primary areas for discussion. Councilmember Jacobson stated he would like to receive the meeting minutes. He commented that on the memo under Work Program the first bullet point should state: "The open space criteria established in the Comprehensive Plan." He commented on the by-laws under 1.03 Membership, Term of Appointments the last line should read one (1) two (2) one year terms. Councilmember Orttel questioned why there is a limitation on years served. Mr. Dickinson stated the by-laws are based on the Community Center by-laws. Councilmember Jacobson commented that under 1.03 regarding length of services removing "No member shall serve more than two successive terms or six (6) years, whichever is longer" in the third sentence. He reviewed under 1.03 Officers it should say in the first sentence "shall appoint a chairperson and vice chairoerson for the Commission. He requested under 1.03 Officers the second sentence should read: "elections for the positions-of '{fee ehaiIpers0R and secretary. Mr. Berkowitz stated there will be a recording secretary and a staff member who acts as secretary for signing documents. Councilmember Knight asked if Roberts Rules of Order is mentioned. Councilmember Trude suggested this be included under 1.07 Specific Powers and Responsibilities. Add that "Roberts Rules of Order shall be used as governing rules." She also requested to add to 1.07 that the "Items to be discussed will be on an agenda set by the chair and staff liaison." Councilmember Jacobson requested that under 1.04 Meetings the second sentence should read: "Commission shall hold regulllf" monthly meetings at a time as necessary. . ." He requested that under 1.05 Attendance should read "attend three (3) consecutive Hi0Rthly meetings..." Councilmember Trude suggested 1.06 General Powers and Responsibilities and 1.07 Specific Powers and responsibilities be merged together as Powers and Responsibilities. Councilmember Knight questioned 1.05 Attendance if the Commission is responsible for expulsion. Mr. Berkowitz stated the Chair could cast the vote. Councilmember Jacobson commented about page 4 under 10.6 the first bullet point should start: "The open space criteria established..." He questioned under 1.07 if people are being paid $25 a meeting. Mr. Berkowitz stated the payment is standard. Councilmember Trude recommended on page 4 under Powers and Responsibilities "Recommend land acquisitions to the City Council" be added. She mentioned under Powers and Responsibilities adding that action or power for the "Commission to seek gifts ofland and/or grants in furtherance of the goals." Councilmember Trude recommended on 1.07 Specific Powers and Responsibilities, that the second sentence should state: "AElept Recommend policies that fulfill the goals..." o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 018 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 43 44 Special Andover City Council Workshop Meeting Minutes - June 26, 2007 Page 9 Councilmember Trude suggested under 1.08 Preparation of Program and Budget that the City Finance Director should work as the City liaison to handle the budget. Mr. Dickinson offered to reword this section taking into account the finance department overseeing it. Councilmember Trude questioned the handling ofland acquisitions by the Open Space Commission. Councilmember Knight asked if a party wants to donate land would the area be named for that person. Councilmember Trude stated the land donation and name should have a policy because this will become an issue. She suggested there should be a policy of how to handle gifts ofland and be a plan to inform the public. Councilmember Knight stated these are called legacy gifts. Councilmember Trude commented that new Commission members should have a public procurement review of policies because they will be dealing with public funds. ANIMAL CONTROL ORDINANCE DISCUSSION (CONTINUED) - PLANNING Mr. Neumeister stated at the May 22nd workshop, requests were made to review restraint and nuisance and to hold a discussion of dangerous dogs. He reported that the law enforcement Staff of the Sheriff's office feels the Ordinance is better than most. Councilmember Orttel stated that having invisible fence restraint has been an issue. Councilmember Knight stated a child or anything else can enter the yard and dogs can leave the yard with the invisible fence. Councilmember Jacobson stated the issue is about barking. He questioned page 23 of the Lakeville policy where restraint is explained. Mr. Neumeister stated the policies need to be identified. Councilmember Trude stated that law enforcement has additional rules that are not part of the Code. Mayor Gamache stated that the policy relies on neighbors accurately reporting what they see. Councilmember Knight stated there should be a policy about threatening dogs. He mentioned that page 26 of the Lakeville Ordinance has a more extensive definition of dangerous dogs than the City's Ordinance on page 12. Mayor Gamache stated people have to go to court to keep their dogs when three complaints are made. Mr. Neumeister reviewed conditions that should go to the Planning Commission; 1) barking, 2) nuisance and 3) potentially dangerous dogs and 4) restraint. Councilmember Knight questioned if an electronic fence is considered a restraint. He suggested that a policy be considered where a dog is not allowed outside without being under the control of a person. Councilmember Trude commented that dogs are not required to be fenced. She commented that o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 018 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 43 44 Special Andover City Council Workshop Meeting Minutes - June 26, 2007 Page 10 humane treatment of an animal should be included which is on page 35 under basic care. Mr. Neumeister stated on page 33 a dangerous animal is defined and steps to be taken are outlined. SUBDIVISION CODE UPDATE DISCUSSION - PLANNING Mr. Neumeister stated that changes have been made after reviewing the Code with Bill Hawkins. He commented there are policy questions on page 33. When land is used for a designated purpose they can use it for a park, playground or open space. Mr. Dickinson stated that a developer creating a park is using his park dedication allowance. He is challenging the terminology and offered to provide other Ordinances to support his position. This will be reviewed by the attorney. Councilmember Jacobson stated on page 34 the question of park dedication applies. Mr. Neumeister stated this could affect how much land is dedicated. Councilmember Orttel suggesting contacting a third party such as the League to help with the policy. Mr. Dickinson stated much of the Park information and open space use is taken from a recent fact sheet with the most recent findings from the League. Councilmember Jacobson questioned credit for private space. If park land is obtained and given over for private use, policy should be reviewed. Discussion was made to delete section E on page 38 from the policy. This was agreed upon by the Council. Councilmember Trude questioned D where it is stricken through and suggested that it continue to be included and not be included twice. Mr. Neumeister stated he would check the PUD ordinance to be sure this is covered. Councilmember Orttel questioned the outcome on discussion ofG. Mr. Neumeister stated that this is a change and it can be done. Councilmember Trude stated the cul-de-sac length is in the code. She proposed increasing the length to 750 feet from 500. Mr. Neumeister stated that the fire department hose length is 650 feet and they do not like to have cul-de-sacs extend beyond this. Mr. Neumeister stated he will make all the policy changes and send out copies with changes higWighted in red. They will be given time to respond before it goes forward to the Planning Commission workshop. He stated that Mr. Hawkins suggested using a checklist by reference. He suggested numbering on the bullet points and that fees are per City fee Codes by year. Items in gray have been in use but are not in the Ordinance. 2008-2012 CIP PROGRESS REPORT - ADMINISTRATION Mr. Dickinson stated that this is a fIrst review. He stated that the tax capacity rete and their commitment to keeping it to a constant level will be tough. Debt service will be correlated to the o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 018 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 43 44 Special Andover City Council Workshop Meeting Minutes - June 26, 2007 Page 11 budget. A levy is recommended next year for the open space referendum, so the process of initializing capitalized interest is started. Some equipment that was due to be replaced will be moved to 2008. They will replace equipment as needed, not per year, based on a lot of assessment and a review of the equipment use. The fire tanker for 2008 is still under review. He stated the current phone system is a Merlin Magic which is close to 20-years-old. It was upgraded when the Community Center was built instead of getting new equipment. The phone system has had failures recently. Councilmember Trude requested a contact list of Staff. Mr. Dickinson stated they are stretching the phone use out and as a communication device it has been pushed to its full use. A new system would include all buildings and voice mail. Another truck could serve all purposes and serve the entire community. Councilmember Jacobson questioned if the 15 percent of services the currentjetvac truck does not cover could be outsourced. Mr. Dickinson stated that next month there will be additional information substantiating the costs. . Mr. Neumeister left the meeting at 8:48 p.m. The box extension will make this multiuse vehicle that can be used year long instead of only nine months of the year. Councilmember Ortte1 questioned the cost as it seems high. Mr. Dickinson stated he will bring the cost information next month regarding the new tandem truck for around $200,000. They will discuss outsourcing jetvac with InfraSource. When reviewing inventory of vehicles they are checking to see that all vehicles are used to their maximum. Mayor Gamache called a five minute recess at 8:57 p.m. Mayor Gamache reconvened the meeting at 9:02 p.m. 2008 BUDGET PROGRESS REPORT -ADMINISTRATION Mr. Dickinson stated that positions are competitive. They have received information on pay equity compliance. Councilmember Jacobson questioned the fire department. Councilmember Orttel questioned health insurance costs that have increased. Mr. Dickinson stated the Health Savings Account is going well. Councilmember Jacobson questioned if there is a YMCA discount. Mr: Dickinson stated that they reviewed this and the current health plan does not have this option. Mr. Dickinson stated that some overlap in staffing may help hold costs down. The attorney on retainer is being well utilized. The Sheriff would make a determination if another deputy is needed. Q 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1'\ 18 W 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 43 44 Special Andover City Council Workshop Meeting Minutes - June 26, 2007 Page 12 Councilmemher Trude stated the CSO could be reallocated as another officer or to a position like Laura Landes. A car is being provided to the CSO and the benefits would remain the same for a full officer. Mr. Dickinson stated he would check on what the cost difference is. At the next workshop there will be two presenters from the County, the Sheriff's Department and Community Development. The City contributed $5,000 to Youth First and $10,000 to Alexandria House last year and increased contributions are being considered this year. Councilmember Trude asked if Anoka County Partners has been evaluated. Mr. Dickinson stated this is the first year. He reported that communication has been identified as an issue. Councilmember Orttel questioned what the Council will need to do to break even. Mr. Dickinson stated that will be discussed in July when all reports .are back. Personnel costs will likely go down as positions are absorbed through retirement. He commented revenues are down as a result of downward home sales and the economy. 2007-2008 COUNCIL GOALS -ADMINISTRATION Mr. Dickinson asked if further discussion is needed. The goal list has been reduced from 30 to 9 because some have been completed. Mayor Gamache stated that Coon Rapids is working to have all contractors remove trash on one week day. Mr. Dickinson requested that goals be forwarded to him before the second July meeting. Mayor Gamache stated that he has received inquiries about new signage. Mr. Dickinson stated that in the MUTCD manual one of the signs will be eliminated to remain compliant with the manual. Mayor Gamache stated that around Raven Street residents have requested a stop sign because traffic goes fast. He compared this to Woodland. Mr. Dickinson stated that it depends on the classification of the roadway. They are working to see if they can work on the intersection with signage. OTHER BUSINESS ITEMS A. Funfest council member's booth. Mr. Dickinson handed out information about the Funfest council booth. B. Signage request. He also said that Bruggeman Homes wants signs of 8 x 8 and he agreed to 4 x 8 only. The larger sign request on Bunker would be on EDA City owned property. Bruggeman would like to appeal to Council. By Code the Council can temporarily allow a larger sign. . Councilmember Jacobson questioned why the signs are needed. Mr. Dickinson stated they would like to increase their sales. A larger sign on their own property could be considered if it is requested. o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 O 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 43 44 Special Andover City Council Workshop Meeting Minutes - June 26, 2007 Page 13 Discussion was that a sign could be placed away from where other businesses are advertising so it is not competing. C. Siren Pole Replacement. Mr. Dickinson stated some 45 foot tall tornado siren poles need to be replaced. A cell phone company is offering to replace the poles if they can put up cell phone transmitters for two companies. He stated the pole will be 75 feet. lbis will be across from fIre station number one. A utility building will need to be erected at its base. Councilmember Trude asked if this will increase cell phone signals in the high school. Mr. Dickinson stated it will help. The current Code allows a pole up to 30 feet so a conditional use permit will be required. Transmitters will be at 60 feet and 30 feet on the tower and two areas below will be leased out. There will a contract paying the City $8000 for the use of the pole area which has an annual renewable contract. He commented this would support WIFI. They will need a conditional use permit because of pole height is higher than Code allows. Councilmember Jacobson questioned if it could be located across from the fIre station so it is less visible. Mr; Dickinson stated the pole would be moved toward the wetlands to reduce its visual impact. The City will have 24 hour siren access. D. Sunshine Park parking. Mr. Dickinson stated a lot of parking tickets have been issued at Sunshine Park. Andover Elementary is a parking option. People have parked at the high school and traffic is not stopping for them when they cross the street. Councilmember Trude suggested that the associations communicate to park users where they should park to prevent a ticket. E. Dog complaint Mr. Tony Capman of2735 134tb Lane NW stated a neighbor has been repeatedly calling the police. He would like to report on behalf of another neighbor who owns a dog named Diablo. The dog remains in its yard restrained by an invisible fence. He stated that Diablo's owner was recently issued a ticket regarding the dog leaving the yard. Councilmember Trude stated that three witnesses saw the dog leaving the yard and going into the street. She reported that one witness stated they brought the dog back into the yard. A barking dog or a dog coming up to children can be intimidating. Mr. Capman stated the dog rarely barks. He stated he was out in his yard at the time of the incident and the dog did not leave the yard. He would like to make use of the camera offered to keep watch. Motion by Jacobson, Seconded by Orttel, to adjourn. Motion carried unanimously. The meeting adjourned at 9:57 p.m. o o o Special Andover City Council Workshop Meeting Minutes - June 26, 2007 Page 14 1 2 3 4 Respectfully submitted, Beth Bostrom, Recording Secretary 01 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 022 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 044 45 46 47 48 REGULARANDOVER CITY COUNCIL MEETING-JULY 17, 2007 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike. Gamache, July 17, 2007, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Councilmember absent: Also present: Don Jacobson, Mike Knight, Ken Orttel, Julie Trude None City Attorney, William Hawkins City Administrator, Jim Dickinson City Engineer, Dave Berkowitz Others PLEDGE OF ALLEGIANCE RESIDENT FORUM Mr. Kevin McGinn -13865 Bluebird Street N. W., expressed a concern he has had over the past year regarding POV's Bar and the noise it emanates into his neighborhood. He explained to the Council the actions he has taken to try to get the noise to be lowered. Councilmember Jacobson stated he was going to bring this issue up at the meeting tonight. Captain Jenkins stated there were 6 complaints reported on Saturday night. He noted they did not have any other problems there. Councilmember Jacobson stated the permit was only to allow liquor onto the ball fields. When they took that action, they talked extensively about the noise that happened in previous years and what they needed to do this year. Mr. Dickinson stated in response to the Council discussion with Mr. Povlitzki regarding the measuring of sound, they did have one of their staff members at the intersection of 139th and Jay Street on Friday evening measuring the sound level. They recorded noise measurements after 10:00 p.m. between 57 and 61 decibels. What is allowed during that time is 50 to 55 decibels. Based on the different readings they rated as low as 42 decibels within one reading and as high as 70 decibels within one reading within the halfhour time frame. The majority fell between 55 decibels and lower. He noted they took the average of all the readings, which made the average higher. Councilmember Trude wondered how many feet this was from the property line. Mr. Dickinson stated it was the intersection that enters the Bruggeman property. Councilmember Jacobson asked if the six complaints were from the same or different phone numbers. Captain Jenkins indicated he could not get them the information at this time because he o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 O 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 43 44 Regular Andover City Council Meeting Minutes - July 17, 2007 Page 2 did not have the report with him. It was indicated by Mr. McGinn that he called two times. Captain Jenkins stated he was told the remaining calls were independent complaints. Councilmember Jacobson asked Captain Jenkins to get the complaint information to the City for their records if this comes up for review next year. Mayor Gamache explained the reason the decibels were measured from the location staff was at. The City Council discussed the possible reasons the sound traveled further than normal and possible reasons for the complaints. Motion by Jacobson, seconded by Knight, to have Captain Jenkins bring forward complaint . information to the City for their records and to have the Council discuss this further at a future workshop. Mayor Gamache. stated he would like to look at information from other cities that have outdoor events and how they handle this problem. Councilmember Trude stated they need to make sure Mr. McGinn's address is on the list to receive notice when these types of things are on the agenda Motion carried unanimously. AGENDA APPROVAL Remove from Consent Items for discussion Items 5, (Approve Diseased Tree Policy). Motion by Knight, Seconded by Trude, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OF MINUTES June 14, 2007, Joint Meeting with Park Commission: Correct as written. Motion by Orttel, Seconded by Knight, approval of Minutes as indicated above. Motion carried 4 ayes, 1 present (Trude). July 3, 2007, Regular Meeting: Correct as written. Motion by Jacobson, Seconded by Trude, approval of Minutes as indicated above. Motion carried 4 ayes, 1 present (Gamache). CONSENT ITEMS o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 43 44 Regular Andover City Council Meeting Minutes - July 17,.2007 Page 3 Item 2 Item 3 Item 4 Item 6 Item 7 Item 8 Item 9 Item 10 Item 11 Approval of Claims Order Plans & Specs/Approve Plans & Specs/Order Quotes/07-7/2007 Trail Maintenance (See Resolution R100-07) Declare Cost/Order Assessment RoIlI05-I5/Andover Station North Ball Field Improvements (See Resolution RIOI-07) Receive Assessment Roll/Waive Public Hearing/Adopt Assessment RoIlI07- 29/14555 Round Lake Blvd. NW/SS & WM (See Resolution R102-07) Receive Assessment RolllOrder Public HearingIWoodland Crossings (05-32), Shaw's Glen (05-24), Cardinal Ridge (05-20) & Adjacent Parcels (See Resolution R103-07) Order Plans & Specs/07-25 (2756 - 134th Lane NW) & 07-26 (2766 - 134th Lane NW)/SS & WM (See Resolution RI 04-07) Approve Wayside Horn License Agreement with Anoka County/06-1O Approve Hold Hannless & Easement Encroachment Agreement/2598 - 1 54th Lane NW Acknowledge ResignationlRetirement Public Works Superintendent Motion by Trude, Seconded by Jacobson, approval of the Consent Agenda as read. Motion carried unanimously. RECEIVE ANOKA COUNTY SHERIFF DEPARTMENT MONTHLY REPORT Captain Dave Jenkins, Anoka County Sheriff's Department, provided an update on law enforcement activities occurring within Andover. Councilmember Trude stated there was an excellent write up in the Anoka Union about the enforcement of the drunk driving laws and it described what the Sheriff's Department does and she was shocked at the percentage of people pulled over that have signs of intoxication. She stated she appreciates the efforts the Sheriff's Department makes in improving the safety of the residents. AWARD BID/06-22 (CROOKED LAKE BOAT LANDING), 07-9 (TERRACE PARK) & 07-18 (160TH LANENWCUL-DE-SAC) City Engineer Berkowitz explained this is a request to receive the bids and award the contract for the three areas. Mr. Berkowitz reviewed the improvements they are looking at doing to the Boat Landing area. Councilmember Jacobson stated in the staff report it indicates there was an error in the bid amount and he wondered if the amount was lower or higher before correction. Mr. Berkowitz stated the bid was actually a little higher before it was corrected. o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 O 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 43 44 Regular Andover City Council Meeting Minutes-July 17,2007 Page 4 Councilmember Trude wondered if the City Attorney reviewed this aspect of the project. City Attorney Hawkins indicated he did. Mayor Gamache wondered if they had an idea how much runoff from the landing and parking lot will be caught and filtered before it goes into the lake. Mr. Berkowitz assumed with a one-inch rainfall they should have one hundred percent containment of that and will be treated within the rain garden or the pervious pavement. If there is a heavier rainfall within 24 hours it may go into the rain garden and saturate it and overflow. He noted this is a drastic improvement from what they currently have. Councilmember Trude wondered if these improvements allow them to use less land to meet the water qualitJ. requirements they have because of the Water Conservation Act. Mr. Berkowitz stated that is correct and they are treating this as an experiment but it may be a solution for some of the areas around City Hall where they have land locked basins. Councilmember Knight asked if they will have a fishing dock. Mr. Berkowitz explained they will have a roll in dock for the boat landing. It is not a fishing pier but they are anticipating fishing would be done from there. Mr. Berkowitz reviewed the improvements for Terrace Park with the Council. Motion by Knight, Seconded by Jacobson, to approve the resolution accepting the base and alternate bid and award the contract to Rum River Contracting in the amount of$199,072.93 for projects 06- 22 (Crooked Lake Boat Landing), 07-9 (Terrace Park) & 07-18 (160th Lane NW Cul-De-Sac). Motion carried unanimously. (RES. RI05-07) Councilmember Trude stated $100,000 of this is being paid for by a grant from the MN Dept of Natural Resources. Mr. Berkowitz clarified that the DNR is paying for half of the Crooked Lake Boat Landing parking lot, which is around $50,000. The park is funded through park dedication and the 161 st cul-de-sac is funded through the Road and Bridge Fund and Storm Water Utility. APPROVE DISEASED TREE POLICY Mr. Berkowitz indicated staffhas put together a policy detailing the process and procedures involved with enforcement of trees affected with insect and disease problems. Councilmember Knight stated he asked to have this pulled because at the time they discussed this he was a little troubled by it and since then he has had a couple people contact him objecting to the $10,000 potential for assessment for situations they in many cases would not be responsible for because it is kind of an act of nature in reality. He stated this is the only thing not covered by insurance and if something like this happened on someone's property, they could easily be stuck paying a lot of money. o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 018 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 43 44 Regular Andover City Council Meeting Minutes - July 17, 2007 Page 5 Councilmember Trude wondered if they should change the amount. Councilmember Knight stated he did not have a solution but this. has a potential for someone to really get in financial trouble in certain situations. Councilmember Trude thought it would be good to have that policy in place but understood the amount if very steep and most homeowners could not come up with that without getting a bank loan and they would need to secure it with something. She stated they did talk about the City's ability to assess it against the home taxes and pay it off over time and that is one thing they could do. If they changed that amount and see what their experiences were, they could get the policy in place. Mr. Berkowitz stated he talked to Councilmember Knight earlier and reviewed it with Kameron Kytonen. their Natural Resource Technician, and he feels that over ninety percent of the cases will be under $5,000 and if that is a reasonable number to lower it to, that is acceptable to staff. He stated when it does hit that dollar amount they will be back before the Council with the resident to see what needs to be done to help that individual to treat his trees. Mr. Berkowitz reviewed the background behind this policy with the City Council. Councilmember Orttel did not think the resident would pay the $5,000 unless they failed to do anything. Even then it would go back to what the true cost would be. The $5,000 is just the trigger to where it would be referred to the City Council. Mr. Berkowitz indicated that is correct. Councilmember Trude thought they could change the amount from $10,000 to $5,000 and add a clause, if a homeowner claims financial hardship and is unable to remove the diseased trees, they may work with the City to use the assessment process. Mr. Berkowitz stated if they refuse to respond the City will have their contractor come in and remove the trees and then they will assess the costs back to the property. Councilmember Knight stated what makes this situation different is this is a very odd thing that happens when compared to other things that could happen and it happens to people that do not even know it. He stated part of the problem is they live in an area where Oak Wilt is very prevalent. Mr. Berkowitz stated they will work with the residents to get the infected trees cut down at a reasonable price. Councilmember Trude indicated she has two changes she would like to be made to the policy. The first is on page six, item four. She would like to change to the length of the contract to one year. The second change she would like is to change the last sentence on page six to read "If the bid from a contractor exceeds ten percent of the land value or is for $5,000 or more, the nuisance abatement will be subject to City Council approval prior to condemnation." Councilmember Jacobson asked if they should remove the words "Prior to Condemnation" because they are not really condemning. He thought those word should be stricken. The Council agreed. Motion by Trude, Seconded by Jacobson. to approve the policy with the above discussed changes. o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 O 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 43 44 Regular Andover City Council Meeting Minutes - July 17, 2007 Page 6 Councilmember Trude wondered if the rest of the Council would accept a friendly amendment to the motion. She stated she would like to add a sentence "if a homeowner claims fmancial hardship, the abatement process would be used". This way they do not need to fail to act, they could actually work with the staff over the winter months. Councilmember Jacobson thought if they did that, people would come in for abatement for amounts less than $5,000 and would be a nightmare for staff to take care of. He thought if they were talking about abatement and putting it on taxes, they had to at least have a reasonably high number. Councilmember Trude did not think there would be that many people who would come to the City for abatement help. Councilmember Orttel stated if anyone came to the City, the only option they have is to assess it. He thought the amendment was redundant. Councilmember Trude withdrew her friendly amendment and let the rest of the motion stand. Mr. Berkowitz stated staff will work close with the residents and ifthereis a way to work it in, they will do that. Motion carried unanimously. SCHEDULE AUGUST WORKSHOP Motion by Jacobson, Seconded by Orttel, to schedule a Council Workshop for August 28,2007 at 6:00 p.m. Motion carried unanimously. SCHEDULE EDA MEETING Motion by Jacobson, Seconded by Trude, schedule an EDA meeting on August 8, 2007 at 6:00 p.m. Motion carried unanimously. ADMINISTRATOR REPORT City Administrator Dickinson updated the Council on the administration and city department activities, meeting reminders and miscellaneous projects. City Engineer Berkowitz updated the Council on road improvements projects in the City. .MAYOR/COUNCIL INPUT (Retirement of Frank Stone) - Councilmember Jacobson noted Frank Stone is retiring and he o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 O 18 19 20 21 22 23 24 25 26 27 28 o Regular Andover City Council Meeting Minutes-' July 17, 2007 Page 7 wondered if they are going to be planning something for him. Mr. Dickinson stated they will be doing something for him and will let the Council know when it is. (National Night Out) - Councilmember Jacobson stated National Night Out is coming up and he asked for information from staff on what activities will be going on in the City. Mr. Dickinson stated the registration deadline is coming up in the next week and at that point, Laura Landes will compile that information and get it out to him and then he will get the information out to the Council. (Marystone Boulevard) - Councilmember Jacobson !lSked if there is anything new regarding Marystone Boulevard. Mr. Berkowitz stated the Marystone Boulevard survey will take a couple of months to get done. The Engineering Department is very busy right now but their goal is to get the survey points collected by the end of August and put together a preliminary layout and meet with the residents sometime in September and then bring it back to the Council in late September or early October. (Fun Fest Thanks) - Mayor Gamache thanked staff and the volunteers at Fun Fest for the fine job they did again this year. Councilmember Trude wondered if they have considered moving the parade to early evening instead of the middle of the day because of the heat factor. Mr. Dickinson did not know but would mention it to them. Motion by Knight, Seconded by Orttel, to adjourn. Motion carried unanimously. The meeting adjourned at 8:10 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary 01 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 022 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 044 45 46 47 ANDOVER CITY COUNCIL WORKSHOP -JULY 24, 2007 MINUTES The Special Council Workshop of the Andover City Council was called to order by Acting Mayor Ken Orttel, July 24,2007,6:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Don Jacobson, Mike Knight, Ken Orttel, Julie Trude, Mayor Gamache (arrived at 6:08 p.m.) None. City Administrator Jim Dickinson; City Engineer Dave Berkowitz; Community Development Director Will Neumeister; Fire Chief Dan Winkel; Others Councilmember absent: Also present: ANOIrA COUNTY SHERIFF'S PRESENTATION 2008 BUDGET PROPOSAL City Administrator Dickinson introduced Anoka County Sheriff Bruce Andersohn and Captain Dave Jenkins. Sheriff Andersohn reviewed the Anoka County Sheriff's 2008 budget proposal. Sheriff Andersohn recommended they not add additional patrol services at this time. However, he recommended they expand their investigative services. He presented an Officer Investigator Staffing Survey. Mayor Gamache arrived at 6:08 p.m. Councilmember Jacobson asked if this person would be exclusive to Andover. Sheriff Andersohn responded they would, but it did not mean cases would not go to others also because there would be too many cases for one person to handle. Council discussed the advantages and disadvantages of expanding the investigative services. Councilmember Jacobson asked ifit would make sense to have an investigative officer and drop the CSOs. Sheriff Andersohn responded he would not recommend that because the services and roles offered by these officers are different. Mayor Gamache believes the investigator officer is a good idea and the City has reached the point where one is needed. o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 018 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 43 44 Special Andover City Council Workshop Meeting Minutes -July 24, 2007 Page 2 Councilmember Jacobson expressed concem about the bidding of officers every year. Sheriff Andersohn responded this was done due to a requirement under the collective bargaining contract. Councilmember Jacobson stated there is an issue of the officers not knowing enough about the City's ordinances. Sheriff Andersohn agreed they could do a better job of training the officers on the City ordinances. City Administrator Jim Dickinson stated Council should get back to the Sheriff s Department before the end of August. Mayor Gamache asked if the City decided not to do this, what the consequences would be. Sheriff Andersohn responded the Sheriffs Department would still service the City. ANOKA COUNTY EDA PRESENTATION City Administrator Dickinson introduced Karen Skepper of Anoka County EDA. Ms. Skepper explained how the Anoka Housing and Redevelopment Authority would work with added economic development powers. She indicated the program is voluntary and if the City wants to participate, they would need to opt in by Resolution. They want to levy a small amount through the EDA portion to prepare a feasibility study to provide internet services countywide. Councilmember Jacobson asked how much the County could levy on an average priced home in the City. Ms. Skepper responded on a $280,000 home it would be approximately $50.00 annually. She indicated this would be a five-year commitment. Councilmember Trude asked what services the EDA would have for Andover. She noted in reviewing the list, it did not appear the services would be beneficial to the City. Councilmember Jacobson asked why transportation was not the number one priority. Ms. Skepper responded transportation is a big concern, but the EDA and HRA do not have the authority to deal with transportation unless it is tied to the project. Councilmember Jacobson asked who would pay for countywide internet service. Ms. Skepper responded the EDA would probably bond for this. Councilmember Jacobson asked what have they received from other cities. Ms. Skepper responded she has provided information on an as needed basis, and they have had very positive returns on this. Ms. Skepper stated if Council wants further information, she would be willing to attend another meeting. City Administrator Dickinson believes the City got slighted on any inclusion in the EDA's report. o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 018 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 .36 37 38 39 040 41 42 43 44 Special Andover City Council Workshop Meeting Minutes-July 24, 2007 Page 3 Councilmember Jacobson stated it bothers him the County is focusing on high speed internet. He expressed concern as to who would pay for it. Councilmeinbers Orttel and Jacobson stated they are not in favor of this. Councilmember Orttel stated his concern is that the money would go not go into the community, but would service other communities. PREVAILING WAGE ON CONSTRUCTION PROJECTS DISCUSSION City Administrator Dickinson stated pursuant to Council's request, staffhad assembled data for the Council to review relative to whether or not the City would require prevailing wage on City construction projects. Staff had been in contact with local Union representatives asking them to provide documentation in support of the request made at the April 3, 2007 Council meeting. He introduced union representatives Ken Martin and Victor Razinski. Councilmember Jacobson asked how many projects the City did that had prevailing wages. City Engineer Berkowitz responded he could think of four projects the City did with prevailing wages. City Administrator Dickinson stated staff is not taking a formal position on this. Ken. Martin, local Government Affairs Director for the Lakes and Regional Organization for Carpenters, summarized what is prevailing wage and why it is important to the City. Mr. Martin stated there are two other residents who had been present, but were unable to stay for the meeting Victor Razinski would like to see the ordinance move forward in the City in order to provide the community with good work. He noted not every person went to college and this would be a good opportunity. He stated he is with the Operating Engineers Union. Steve Nagel, Carpenters Union, stated he attends career days at OakdaleHigh School and he thanked the community for this opportunity. He noted the trades are a good avenue for people who are not college bound. Prevailing wages give competitive bidding advantages and stimulates them to use apprentices and union trade. He noted non-union contractors do build good buildings, but there are a lot of union members in the City and the City should support them. He indicated non-union contracts many times do not provide health insurance to its workers and this is a strain on the communities. Mr. Martin stated this is about responsible government and as a City there has to be other things than just the lowest cost. There has to be a future looking approach and what they value as a community. He indicated people want to ensure residents are paid decent wage with benefits so they could become contributing members of the community. He stated this is about leveling the playing field. Anna Brelje, Minneapolis Central Labor Union Council, stated they are engaging a lot of the citizens that affect the standard of living in the communities. They support the prevailing wage. o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 018 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 43 Special Andover City Council Workshop Meeting Minutes - July 24, 2007 Page 4 Mr. Nagel indicated prevailing wage stimulates apprenticeship training. He stated with respect to health insurance, some non-union contractors did provide health insurance for the employee, but that was slowly disappearing. lbis is about the fair treatment of both union and non-union workers. He noted non-union workers have skill, but they are being taken advantage of. Mr. Martin noted union workers have apprenticeship training, which lead to fewer work safety violations. He indicated there is higher quality of work with uniOn workers. They want to create a level playing field so all workers in the City have the same benefit and they are only talking about public projects. Councilmember Orttel the City had a problem with the Community Center and negotiating the prevailing wage contracts. Mr. Nagel stated they did not have a written policy to ensure the projects were prevailing wage. Mr. Martin asked Council to keep this discussion moving forward and look at this again in the fall. Councilmember Trude asked what would happen to the small, family owned businesses who did not bid on the large public projects. Mr. Martin stated this is one of the reasons come communities came in with a higher threshold. Mr. Razinski noted prevailing wage has nothing to do with union versus non-union. Mayor Gamache requested further information and to discuss this again at a future workshop. Councilmember Knight noted this really got down to having a union wage as a ceiling. He noted they are looking at minimal City funding because most City projects paid a prevailing rate. Mr. Martin noted right now that might be the situation, but it might not be in the future and they want to ensure there is a policy in place for future projects. He indicated they did not know of any project coming up right now that this would apply to, but they wanted to protect future workers and projects. Mayor Gamache recessed the meeting at 8:10 p.m. and reconvened the meeting at 8:15 p.m. SUBDIVISION CODE (STREET WIDTH AND CUL-DE-SAC LENGTH) DISCUSSION City Engineer Berkowitz stated during staff's preparation of the update to the Subdivision Code, two issues surfaced that need the City Council's input. The issues involve what the Code says about . street width and cul-de-sac length. The Fire Chief provided a memo explaining his position on both issues. The first issue involves the width of streets in rural areas. The subdivision code has been proposed to be changed to say the street should be 31 feet wide. The fire Chief is of the opinion that if the streets are 31 feet wide they - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 018 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 43 44 Special Andover City Council Workshop Meeting Minutes -July 24,2007 Page 5 need to be signed on one side of the street (no parking). His memo describes why this should be changed for fire safety concerns he and the Fire Marshal have. The second issue involves the length of cul-de-sacs and why they should not be longer than 500 feet. Councilmember Jacobson asked if they increase the length of the cul-de-sacs what problems did they fmd. Fire Chief Winkel responded there have not been a significant number of problems and they have not had any significant experiences. However he noted there was a house fire where a person hit a gas meter and the road was almost completely blocked due to parking on both sides of the road. He indicated this can and does happen. He would not have a problem going to 750 feet, but when they exceed 500 feet on a single hose line, they run into issues with pumping capacities and friction loss: Councilmember Knight asked if they went to 750 feet, could they provide for additional hydrants. Fire Chief Winkel noted they could do that, but if they were in a rural area, this would pose a difficulty. City Engineer Berkowitz stated if the cul-de-sac were expanded they would have to look at a hydrant in the middle and not only at each end. Councilmember Knight asked if any of these changes would affect insurance rates. Fire Chief Winkel responded he did not believe there would be any difference. Councilmember Jacobson stated in sewered and watered areas he would not have any problem.as long as an additional hydrant was added, but he did not want to see this in rural areas. Fire Chief Winkel stated if they approved this, they need to adopt Appendix D to the Fire Code. Councilmember Trude asked if they want to keep it at 500 feet and look at individual variances. Council concurred. City Engineer Berkowitz stated staff is concerned about over signing 31- foot wide streets. He noted wider streets have higher maintenance and more storm water ponding requirements. He stated they have impacts they have to consider if they narrow the streets. Fire Chief Winkel stated he understood the concern if they were going to post one side of the street as no parking, who was going to decide which side of the street would be no parking. Councilmember Knight stated they need to take the position that they do not need to take a position if it is not broken and right now the streets are not broken. Councilmember Orttel recommended they wait until they have a problem because he does not want to see all of the signs go up. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 018 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 43 44 Special Andover City Council Workshop Meeting Minutes - July 24, 2007 Page 6 Council decided unless a problem at 31 feet shows up, they would leave things as they are and address any issues on a case-by-case situation. Mayor Gamache suggested they notifY the public about the parking safety concerns with streets less than 31 feet wide. TIF DISTRICT 1-4 INDUSTRIAL OPPORTUNITIES DISCUSSION Community Development Director Neumeister stated about a month ago, City Code Enforcement staff requested Rick Lindquist provide information relating to the current status of the site where Northern Cylinder Heads and LePage RolloffService are operating. The staff determined they need a Conditional Use Permit (CUP) to operate the rolloff service on the property. Mr. Lindquist and LePage have provided the information needed to process a CUP. Their CUP application is considered complete and the 60-day review period (can be extended an additional 60 days if needed) is underway. Before staff begins processing the CUP, Council is requested to provide direction. Last month staff brought up two options for the Council to consider in dealing with the various property owners at Hughs Industrial Park. Option 1 is to create a new zoning district, say an 1-2 zone to establish a different set of standards for the rural industrial park. Option 2 is to establish an interim use permit until sewer and water became available. The second option seems to be the best to pursue, because it is allowed by State Statute and will be easier to implement, and be more flexible. The current City Code requires the entire site be brought up to the City's zoning standards including: parking lot pavement, curb and gutter, landscaping, lighting, etc. The issue that staffneeds direction on is how stringent the Council wants to be implementing the standard zoning requirements. The City cannot waive or modifY Building/Fire Code and NPDES requirements. The City may have discretion over how much of the city zoning standards apply to these businesses if the City were to create an "Interim Use Permit" in the city code. The City Attorney advised staff that Minnesota Statue Statute 462.3597 allows the City to adopt "interim uses" into the City Code and set up the parameters under which an "interim use" may be granted. He asked if the Council wants to work with Rick Lindquist and LePage RolloffService to become a legitimate outdoor storage use on the property with a Conditional Use Permit (but have only limited zoning standards apply)? Does the Council want staff to prepare a Zoning Code Amendment to enable "Interim use Permits" to be granted in areas like the Hughs Industrial Park with interim zoning standards that require very basic interim improvements (limited cosmetic or screening improvements) but not all city standards? What level of zoning code requirements will be required of Mr. Lindquist? Councilmember Jacobson did not think they could change anything without changing the zoning. Community Development Director Neumeister responded that is correct. Councilmember Orttel stated he would like to see everything go through the Conditional Use Permit process. Councilmember Trude wants to see screening from residential and anything with retail customers. o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 O 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 43 44 Special Andover City Council Workshop Meeting Minutes - July 24, 2007 Page 7 Councilmember Jacobson stated he wants the screening to be kept up and maintained. City Engineer Berkowitz stated if they don't increase the impervious surface and it is functioning and operating as it is now, they should let it go, but if they do increase the impervious surface then they have to follow the rules that were set. Community Development Director Neumeister stated staff would prepare an interim use type ordinance with the City Attorney to allow this to happen and bring this through the Planning Commission. Councilmember Trude asked if there is a way to do a communal fire suppression system. Community Development Director Neumeister responded they had spoken to them about this. Fire Chief Winkel believes a fire system would be a lot more difficult to deal with than the water system. ptey need to look at the entire area and determine what type of fire system they need to protect all of the buildings. 2008-2012 CIP REPORT City Administrator Dickinson updated the Council on the 2008-2012 CIP. He reviewed the major items. At this point they would need to move out a significant amount based on the budget forecast. He indicated what those items would be. They did not have a recommendation at this time. 2008 BUDGET PROGRESS REPORT City Administrator Dickinson updated the Council on the 2008 budget progress. He did not believe they would reach the commitment to maintain or reduce the City Tax Capacity Rate, utilizing recent market value growth this year. He recommended they do not levy for the entire $200,000 amount for the open space referendum the first year. They would do what they could to maintain the 35 percent of planned 2008 General Fund expenditures for fund balance. He indicated 4,5,6 and 7 in his report would all be met. After Department Head requests, the requested budget was $718,403 over available funding sources. Councilmember Jacobson requested statistics on the requested increase in the City Attorney's contract. City Administrator Dickinson asked if Council wants to accept the 2008 Sheriff's contract. He noted if additional services are requested, it is likely that other City department service levels will need to be reduced or eliminated. He noted personally he is supportive of it, but fiscally it is difficult to provide for the cost. Councilmember Jacobson requested staff determine what it would cost for a half-year implementation. o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 018 19 20 21 22 23 24 25 o Special Andover City Council Workshop Meeting Minutes - July 24, 2007 Page 8 Council was accepting of the open space reduction, a reduction of the equipment note, and levy a 2.8 percent increase in the tax capacity rate. 2007-2008 COUNCIL GOALS DISCUSSION City Administrator Dickinson requested Council discuss and provide specific goals for the coming year. Councilmember Orttel requested the information be put into graphic form for Council to number and get back to staff. OTHER BUSINESS ITEMS A. 2008 Comprehensive Plan Update Community Development Director Neumeister handed out a 2008 Comprehensive Plan update - Tasks and Timeline. He noted they would bring this up as an item on August 8, 2007. Motion by Knight, Seconded by Orttel, to adjourn. Motion carried. The meeting adjourned at 9:41 p.m. Respectfully submitted, Kathy Altman, Recording Secretary o GV 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator / Finance Director FROM: Melissa Rustman, Accountant SUBJECT: Payment of Claims DATE: August 8, 2007 INTRODUCTION Attached are disbursement edit lists for claims related to the on going business of the City of Andover. DISCUSSION Claims totaling $367,976.54 on disbursement edit lists #1 - #2 from 07/18/07 to 07/31/07 have been issued and released. (> Claims totaling $162,888.66 on disbursement edit list #3 dated 08/08/07 will be issued and released upon approval. BUDGET IMPACT The edit lists consist of routine payments with expenses being charged to various department budgets and projects. ACTION REOUIRED The Andover City Council is requested to approve total claims in the amount of $530,865.20. 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WWWoCI.ANDOVERoMNoUS TO: Mayor and Council Members CC: Jim Dickinson, City Administrator David D, Berkowitz, City Engineer FROM: Kameron Kytonen, Natural Resources Technician SUBJECT: Approve Hold Harmless and Easement Encroachment Agreement/2579 154th Avenue NW - Engineering DATE: August 8, 2007 INTRODUCTION The City Council is requested to authorize the approval of a hold harmless and easement encroachment agreement with Randall and Debra Bailey, property owners at 2579 154th Avenue NW. DISCUSSION The property owners (Randall and Debra Bailey) would like to put up a fence on the east side of the property, which encroaches into a drainage and utility easement where a buried water main pipe is located. Typically the City does not allow fences in such easements due to access requirements and maintenance needs, By entering into this hold harmless and easement encroachment agreement the property owners agree to cover all expenses due to damage and/or removal of improvements (fence) that are within the easement. ACTION REOUIRED The City Council is requested to approve the hold harmless and easement encroachment agreement with Randall and Debra Bailey, property owners at 2579 I 54th Avenue. NW, Respect lly submitted, ~=n Kyton!f/- Natural Resources Technician Attachments: Hold Harmless and Easement Encroachment Agreement cc: Randall and Debra Bailey, 2579 I 54th Ave, NW o HOLD HARMLESS AGREEMENT AND EASEMENT ENCROACHMENT AGREEMENT THIS AGREEMENT, made this 8th day of August, 2007, by and between Randall and Debra Bailey (property owner), owners of said property noted below (hereinafter "property owner") and the City of Andover, a Minnesota Municipal Corporation (hereinafter "City"). WHEREAS, Randall and Debra Bailey (property owner) is the fee owner of 2579 154th Avenue NW (address), Andover, MN; and WHEREAS, drainage and utility easements exist throughout the property; and WHEREAS, Randall and Debra Bailey (property owner) understands that a fence (hereinafter "improvement") will encroach into said drainage and utility easement; WHEREAS, the City is willing to acknowledge and agree to an encroachment of the drainage and utility easement for said improvement assuming certain conditions are met; WHEREAS, Randall and Debra Bailey (property owner) is aware the area is for o drainage and utility purposes and has a buried utility within the easement and acknowledges that access, maintenance, repair and/or replacement of the utility may be required in said easement resulting in removal of the improvement; NOW, THEREFORE, in consideration of the foregoing and the City's consent and approval to the encroachment onto the drainage and utility easement, Randall and Debra Bailey (property owner) hereby agrees to hold the City harmless and indemnify the City from any and all liabilities, and defend against lawsuits, expenses, damages, acts or failures to act, attorney's fees and court costs, which may arise as a result of Randall and Debra Bailey (property owner) or their successors in interest constructing and maintaining said improvement upon the utility easement of the City, Furthermore, the City not be held responsible for any damage to said improvement constructed on the City's easements if they are damaged or destroyed as a result of the City exercising its rights to access, excavate, repair, construct or maintain any public improvements within said easements, City may require evidence of insurance from Randall and Debra Bailey (property owner) to cover the indemnification required herein, o o IN WITNESS WHEREOF, the parties have hereunto set their hands this day of August, 2007. CITY OF ANDOVER, a Municipal Corporation By: Its: City Clerk By: Its: Mayor Randall Bailey Debra Bailey STATE OF MINNESOTA ) ) ss, COUNTY OF ) o On this day of August, 2007, before me, a notary public within and for said county, personally appeared for Victoria Volk and Michael R. Gamache to me known to be respectively the Clerk and Mayor of the City of Andover, and who executed the foregoing instrument and acknowledge that they executed the same on behalf of said Cityo Notary Public STATE OF MINNESOTA ) ) ss, COUNTY OF ) On this day of August, 2007, before me, a notary public within and for said county, personally appeared for Randall and Debra Bailey (occupant), Notary Public This instrument was drafted by: City of Andover This instrument is exempt from registration tax and recording fees under Section 386,77 of the Minnesota statutes, G:IDATA\STAFFlRHONDAA\FORMSIHOLD HARMLESS AGREEMENTodoc o o @) 1685 CROSSTOWN BOULEVARD N,Wo . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763),755-8923. WWWoCI.ANDOVERoMNoUS To: City Council -'" cc: Jim Dickinson, City Administrator David Berkowitz, City Engineer 'C:i:8 From: Kameron Kytonen, Natural Resources Technician Subject: Accept DNR MNReLeaf GrantJ06-43/0ak Wilt Suppression Program - Engineering Date: August 8, 2007 o INTRODUCTION The City Council is requested to accept a grant for oak wilt treatment in the amount of $25,000 from the Minnesota Department of Natural Resources (DNR), Division of Forestry, DISCUSSION Preventing the spread of oak wilt continues to be a challenge in the City of Andover, Because it affects numerous properties, it is beneficial to have grant funds available to aid in costs of the treatments. This cost sharing with the property owners makes them more willing to address the problem, The City was requested to match the grant money awarded, This will be accomplished by a combination of cash funds coming from the 2007-08 forestry fund, from the property owners requesting treatment for oak wilt and by in-kind time by City staff and volunteers, BUDGET IMP ACT The City portion ofthe grant match for 2007 is $5,000. This expense may be used for a cash match for the oak wilt control work. ACTION REOUESTED It is requested that the City Council accept the grant agreement. Respectfully submitted, o ~ne Natural Resources Technician o 1685 CROSSTOWN BOULEVARD NoWo . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWWoCI.ANDOVERoMNoUS TO: CC: FROM: Todd J, Haas, Parks Coordinator SUBJECT: Accept ResignationlPark & Recreation Commission Member - Engineering DATE: August 8, 2007 INTRODUCTION o This item is in regard to the resignation of a Park & Recreation Commissioner, Wendy Albee. DISCUSSION Commissioner Albee has offered her resignation (see attached letter). ACTION REQUIRED The City Council is requested to accept the resignation of Wendy Albee. Respectfully submitted, !fr"~ o Attachment: Letter from Commissioner Wendy Albe/ cc: Dan Masloski, Park Commission Chair @ -. o o Page 1 of 1 Todd Haas From: Wendyalbee@aol.com Sent: Thursday, July 19, 2007 8:11 AM To: Todd Haas; James Dickinson; dmasloski@cLchamplinomnous Subject: Park and Rec Jim, Todd, and Dan, With much thought and much regret, I am resigning from the Park and Recreation boardo I am active duty now and the first two years of my new position as an Air Force Reserve recruiter is requiring more time than I anticipatedo (Actually, the drive to and from work adds two hours a day, that's what's killing me!) Sincerely, Wendy Albee 612-250-1844 Get a sneak peek of the all-new AOL.como 7/19/2007 o o o @ 1685 CROSSTOWN BOULEVARD NoWo . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVERoMNoUS TO: Mayor and Council Members CC: Jim Dickinson, City Administrator David D. Berkowitz, City Engineer FROM: Todd J. Haas, Parks Coordinator SUBJECT: Appoint Park & Recreation Commission Member - Engineering DATE: August 8, 2007 INTRODUCTION This item is in regard to appointing a Park & Recreation Commissioner due to the resignation of Wendy Albee, DISCUSSION If the City Council recalls, if one of the Commissioners were unable to complete their term during 2007, the alternate, Bill Hupp, would be appointed to do so, Mr. Hupp interviewed with the City Council this past January. Note: Staff has been in contact with Mr. Hupp and he has indicated that he is willing to serve on the Commission, The other option the City Council has is to leave the position vacant until the end of the year when the City will be soliciting residents to apply for two terms that will be expiring, ACTION REQUIRED The City Council is requested to appoint Bill Hupp to the Park & Recreation Commission. The term would expire on December 31, 2007, Respectfully submitted, ~;/~ Todd J. Haas cc: Dan Masloski, Park Commission Chair o o o (i) 1685 CROSSTOWN BOULEVARD NoWo . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWWoCI.ANDOVERoMNoUS TO: Mayor and Council Members CC: Jim Dickinson, City Administrator FROM: David D, Berkowitz, City Engineer SUBJECT: Waive Public Hearing/Adopt Assessment RoU/05-15/Andover Station North Ball Field Improvements - Engineering DATE: August 8, 2007 INTRODUCTION The City Council is requested to waive the public hearing and adopt the assessment roll for Project 05-15, Andover Station North Ball Field Improvements, DISCUSSION The City Council at the July 17, 2007 meeting approved a resolution declaring the cost and ordering assessment roll.. This item is the last step as required by law to be able to levy the assessment to the property, BUDGET IMP ACT Park Dedication Funds will pay the assessments for the ball field improvements and the City's Trunk Water Fund will cover the water system improvement costs, ACTION REOUIRED The City Council is requested to approve the resolution waiving the public hearing and adopting the assessment roll for Project 05-15, Andover Station North Ball Field Improvements, Respectfully submitted, OAO. David D, Berkowitz / . / / Attachments: Resolution, Assessment Roll & Waiver o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, MOTION by Councilmember to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR IMPROVEMENT PROJECT NO. 05-15 FOR BALL FIELD IMPROVEMENTS AT ANDOVER STATION NORTH , WHEREAS, the property owners have waived their right to a public hearing, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: o 1, Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2, Such assessment shall be payable in semi-annual installments, together with principal and accrued interest, extending over a period of L years, the first of the installments to be payable on or before the 15th day of April. 2008 and shall bear interest at a rate of 5% percent per annum from the date of the adoption of this assessment resolutiono 3. The owner of any property so assessed may, at any time pay the whole of the assessment on such property with interest accrued to the date of payment to the City Treasurer, MOTION seconded by Councilmember City Council at a reQular meeting this 8th and adopted by the day of AUQust ,2007, with Council members voting in favor of the resolution, and Councilmembers voting against. whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: o Michael R. Gamache - Mayor Victoria Volk - City Clerk ~.... co NCD co ...J ~cO N 0 """" .... ~ ""'" N ...:--r.ri ...: 0 N~ "" l- CON q .... .... CD III ~ CD.... ~ me) 0; '" "'Ill III - CO.... CD a C\I-<<;j '" N N N ~ ~ .... .... ........ ~ III III ~ C'\i<D 0; ot "'CD III - ....~ CD a cD rrf ci N ~~ N ~ ~ .... .... ~~ ~1 aiai .. ~'" - ....N a oeD N ~~ ~ .... O~j ~ O~ ~ C'lcci 0; N CD'" III - CD'" CD '0 a -i'.... ci N ON N a:: a:: ~ ~ o~'a .... .... 0" cE z" ........ ~ <1:= CD.... ~ ..... <ON 0; o~ - o III III - N.... 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D.. c D.. sD..- so!! ... c .. 10 .1:1< E = z - e e 1685 CROSSTOWN BOULEVARD N.W, . ANDOVER. MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW,CI.ANDOVER,MN,US July 12. 2007 David Berkowitz City of Andover 1685 Crosstown Boulevard NW Andover, MN 55304 Re: City Projects 05-15/Andover Station North Ball Field Improvements I have reviewed the costs for Andover Station North Ball Field Improvements and agree with the assessment worksheet. I am willing to waive the public hearing. ",,- o o o 6) 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVERoMNoUS TO: CC: Mayor and Council Members Jim Dickinson, City Administrator David D, Berkowitz, City Enginee~ FROM: Jason J. Law, Civil Engineer III Approve Plans & Specs/Order Quotes/Award Quote/07-25 (2756 _134th Lane NW) & 07-26 (2766 - 134th Lane NW)/SS & WM - Engineering August 8, 2007 SUBJECT: DATE: INTRODUCTION The City Council is requested to approve plans and specifications, order quotes and award the quote for Project 07-25, 2756 - 134th Lane NW & Project 07-26, 2766 - 134th Lane NW for sanitary sewer and water main improvements, DISCUSSION The property owner has requested that the City prepare the plans and specifications and obtain quotes for the installation of the public improvements, Quotes received are as follows: WoE. Miller Hydrocon Dave Perkins Contracting Engineer's Estimate $26,636,36 $31,780,00 $36,277,00 $31,156050 BUDGET IMPACT The installation of the services and the water main extension will be assessed to both benefiting properties, ACTION REQUIRED The City Council is requested to approve the resolution approving the plans and specifications, ordering quotes and award the quote for Project 07-25, 2756 - 134th Lane NW & Project 07-26, 2766 - 134th LaneNW for sanitary sewer and water main improvements, Attachments: Resolution cc: Dennis Steinlicht, 2766 _133rd Lane NW, Andover o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING PLANS AND SPECIFICATIONS, SOLICITING FOR QUOTES AND AWARDING THE QUOTE FOR THE IMPROVEMENT OF PROJECT NOS, 07-25 (2756- 134 TH LANE NW) & 07-26 (2766 -134 TH LANE NW) FOR SANITARY SEWER & WATER MAIN IMPROVEMENTS, WHEREAS, pursuant to Resolution No, -07, adopted by the City Council on the 1 th day of Julv, 2007, the Citv EnQineer has prepared final plans and specifications for Proiect No, 07-25. 2756 - 134th Lane NW & Proiect No, 07-26, 2766 - 134th Lane NW for sanitary sewer & water main improvements; and WHEREAS, such final plans and specifications were presented to the City Council for their review on the ~ day of AUQust, 20070 WHEREAS, the City Council of the City of Andover hereby approves the Final Plans and Specifications and to hereby directs the City Engineer to seek quotes for the improvements; and WHEREAS, quotes were received, opened and tabulated according to law with results as follows: o WoB, Miller Hydrocon Dave Perkins Contracting $26,636,36 $31.780,00 $36,277,00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the quotes as shown to indicate W,B, Miller. Inc as being the apparent low quotero BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with W,Bo Miller, Inc in the amount of $26.636,36 for construction of the improvements; and direct the City Clerk to return to all quoters the deposits made with their quotes, except that the deposit of the successful quoter and the next lowest quoter shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member City Council at a reQular meeting this 8th Councilmembers and adopted by the day of AUQust , 2007 , with voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passedo o CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk o C I T Y 0 F NDOVE 1685 CROSSTOWN BOULEVARD NoWo . ANDOVERo MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWWoCI.ANDOVERoMNoUS TO: Mayor and Council Members CC: Jim Dickinson, City Administrator ~ David D. Berkowitz, City Engineer "zj:>~ FROM: Jason J. Law, Civil Engineer ill SUBJECT: Award Quote/07-7/2007 Trail Maintenance - Engineering DATE: August 8, 2007 ~ INTRODUCTION This item is in regard to quotes for Project 07-7, 2007 Trail Maintenance. o DISCUSSION Quotes were received on July 26,2007. Quotes received are as follows: o Contractor Minnesota Asphalt Maintenance Gopher State Sealcoat, Inc, Bergman Companies, Inc. Quote Amount $44,719.25 $48,695.50 $71,863.00 Engineer's Estimate $49,040,00 BUDGET IMP ACT This project is identified in the 2007 - 2011 Capital Improvement Plan, ACTION REQUIRED The City Council is requested to approve quotes and award the work to Minnesota Asphalt Maintenance in the amount of$44,719,25 for Project 07-7, 2007 Trail Maintenance. asonJ. Law Attaclnnents: Quote Tabulation j o o o .. 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(5 =g"i "C CI:lzg:jCO'ffi 'E ~ ~::.3 5.i ~ ~~:!~Q:~ <( Iii 0 w Ii: C) :r..:..:":';:ic:..:J~ ~~~~~~~~~~~~ ~ a: a: a: >! a: a: a: a: a: a: a: a: _.t:.t:.t: ~.t:.t: .t:.t:.t:.t:.t:.t: ~ ~ ~ ~ ~ ~ ~~~~~~~;ii! !5~~~~~~UUU5 U) t- t- t- t- t- t- t- t- t- t- t- t- to- '" C 02 15 '3 .l.l .. u I!l " ." ." :0 .E 2 Ii; '" ~ C " Cl @ o 1685 CROSSTOWN BOULEVARD NoWo . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWWoCI.ANDOVERoMNoUS TO: Mayor and Council Members CC: Jim Dickinson, City Administrator David D, Berkowitz, City Engineer FROM: Todd J. Haas, Asst. City Engineer SUBJECT: . Update Use of Utility Easement for Timber Trails 2nd Addition - Engineering DATE: August 8, 2007 INTRODUCTION This item is in regard to the location of the trail in Timber Trails 2nd Addition to allow residents to have an easier and safer route to Timber Trails Park. DISCUSSION The City Council had requested staff to evaluate the possibility of having the trail constructed along the north property line of Lot 1, Block 1 to allow access to the park. As you may recall, City staff had suggested that a trail be constructed between Lots 1 & 2, Block 1 as part of the approval of the preliminary plat. City staff has contacted both of the existing neighbors to discuss the location with each of them to see if they were okay with the location along their south property line. Both neighbors have indicated verbally to staff that they were not interested in having the trail along their property and would prefer the trail be located between Lots 1 & 2. In visiting the site, either location for a trail will work just fine and both locations will require grading for the trail. City staff has discussed with the developer the thoughts of the neighbors, Since this discussion, the developer has decided to construct the trail between Lots 1 & 2 of Block 1 (see attached memo from Parent Development). ACTION REQUIRED The City Council is requested to approve the trai110cation to allow access to the park between Lots 1 & 2 of Block 1. Respectfully submitted, Q~0.~ ov ToddJ, Haas Attachments: Location Map cc Curt & Jill Burt, 3846 - 178th Lane NW, Andover Richard & Lisa Kastenbauer, 3804 - 178th Lane NW, Andover Pete Jesh, Summit Development, 1928 _140th Lane NE, Ham Lake, MN 55304 Brook Parent, Parent Development, 3919 Coon Rapids Blvd, Coon Rapids, MN 55433 RECEIVED o 7/26/07 JUl t 7 2lXf To Whom It May Concern: CITY OF ANDOVER The preliminary plat of TIMBER TRA.ILS 2ND ADDITION has been approved with some conditionso One of these conditions recommended by the Park Commission was to include a trail location on the plat between Lots 1 & 2 on Block 10 This recommendation will be takeno We do not wish to pursue a relocation of this trail. Thank you\\~. ~\v" Brook Parent Parent Developement o o :z .. - ... - all all 11III all :z = g ... en en ... - 11III .. ... .. ... III E - ... .. ... = ... Z 'iii' WW~ :eZIt) A.W&I) ozz ii:l~:e ~:Cui Obllli: "''IiI'~ !~~ ~o.cC II)"':C ~ o ..... 1 , 1 i ~ i ~ I ~ ~ . 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WWWoCI.ANDOVERoMNoUS TO: Mayor and City Council CC: Jim Dickinson, City Administrator FROM: Vicki V olk, City Clerk SUBJECT: Approve Kennel License RenewalJDover Kennel DATE: August 8, 2007 INTRODUCTION The kennel license for Dover Kennel has expired. DISCUSSION Jill Huston, dba Dover Kennel, has applied for renewal of the kennel license and paid the appropriate fee, No complaints have been received regarding this operation. ACTION REQUIRED The City Council is requested to approve the kennel license renewal for Dover Kennel, 16422 Hanson Boulevard until December 31, 2007. Respectfully submitted, U:.Lo Uft Vicki V olk City Clerk Attach: License application o CITY OF NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVERoMNoUS Name co- LlJ DOG KENNEL LICENSE APPLICATION ~'\) STbn Kennel Name 1042;:). ~n~() An~vvY, 0b~ e,() 1)6 V-f.-y- ~(\J 6LJ mn 55'30Lf L/8L/-- 73 "3 d- Address Telephone Number Number of Dogs o Type of Kennel: .. ')(: Commercial (any place where a person accepts dogs !'rom the general public ~ere such animals are kept For the purpose 0' selling, boarding, breeding, training, or grooming) Private (any place where more than three dogs are kept For private enjoyment and not For monetary gain, provided such animals are owned by the owner or the lessee of the premises on which they are kept) *********************************************************************** Property Size L-{ 3( L-j AI r e.... Method of Waste Disposal .~ePtl { Will facility be used for training dogs? (\ () Number of employees Attach a scaled drawing of the property and structures affected showing: scale and north arrow; dimensions of the property and structures; front, side and rear yard building setbacks; adjacent streets; and location and use of existing structures within 100 feet. *********************************************************************** o Q CITY OF NDOVE @ 1685 CROSSTOWN BOULEVARD N.Wo . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWWoCI.ANDOVERoMNoUS CC: Jim Dickinson, City Administrator TO: Mayor and City Council FROM: Vicki V olk., City Clerk SUBJECT: Approval Tobacco License/Andover Mobil DATE: August 8, 2007 INTRODUCTION The Andover Mobil station, 13650 Hanson Boulevard NW, has been sold and the new owner has applied for a tobacco license. o DISCUSSION City Code does not allow transfer of a license, Therefore, Lydia M, Velander (LMV Corporation), the new owner of the Andover Mobil applied for a new license and paid the appropriate fee. ACTION REOUlRED Council is requested to approve a tobacco license for Andover Mobil, 13650 Hanson Boulevard NW until December 31, 2007. Respectfully submitted, tl:L. !JdL Vicki V olk. City Clerk Attach: License application o o CITY OF NDOVE 1685 CROSSTOWN BOULEVARD NoW, . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWWoCI.ANDOVERoMNoUS License To Sell Tobacco at Retail Application Form o Pursuant to City Code Title 3. Chapter 2, all persons requesting to sell tobacco at retail are required to provide the following information, Applicant's Name~d\/A'; 'rv\. Ue.\CLr'\de-Y Phone g~-L\l()-LPt~ Applicant's Address3D\ T~ ?a..~ -~sen ,."'-\\J o-53f1 Business Name Y2\M(Yl)-~~b\~ Phone-\LP3-\5Y ~'\ 33S r-\ 1,.c.) Business Address \:>Lo'OO ~i"'.~C>'~ "tJ\\)& ~~~c;\Jer- , 'rV\.'0"6'5~tf \ . Type of Business Conducted at Location---q l'L5 S\-c::hbr----... I agree to waive my constitutional rights against search and seizure and will freely permit peace officers to inspect my premises and agree to forfeiture of my license if found to have violated the provisions of Ordinance 227 providing for the granting of this license, I hereby solemnly swear that the foregoing statements are true and correct to the best of my knowledge. - 0'1J'fL01 I ate License Fee: $250,00 Icity Council Action: License # Receipt #:-; (.. (p I Approved Denied Date o o o o 1685 CROSSTOWN BOULEVARD NoWo . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWWoCI.ANDOVERoMN.US TO: Mayor and City Council CC: Jim Dickinson, City Administrator FROM: Vicki V olk, City Clerk SUBJECT: Approve Renewal of Premises Permit/Andover Lions Gambling DATE: August 8, 2007 INTRODUCTION The Premises Permit for the Andover Lions will expire on September 30, 2007. DISCUSSION The Andover Lions Club has submitted the Lease for Lawful Gambling Activity that has been signed by Brad Povlitzki, Pov's Sports Bar and Grill where the lawful gambling takes place. The rent that will be paid by the Lions Club is 10% of the gross profits per month which is consistent with our city code, After approval by Council, the lease is submitted to the Gambling Control Board for their approval. ACTION REOUlRED Council is requested to approve the premises for Andover Lions Gambling for a period of 2 years. Respectfully submitted, LtL. ()~ Vicki V olk City Clerk Attach:. Lease for Lawful Gambling Activity @ c o o 5/06 Page 1 of 2 _Booth/bar --.:,Activity change --,-Other Ucense number B-oo ~.;2s-c1-0(Jj City /!1It1otltr City , Daytime phone State MN I~l- ~/- , Zip : Daytime phone i .s-f,Jo0761- 7.r:r-.;JiJ;,S ! Zip Daytime phone State S~me Business/street address City State Zip Daytime phone 5qA1(J Check all activities that will be conduCjl:jld: . .)(.pull-tabs _Pull-tabs with dispensing device,." Tipboards _Paddlewheel _Paddiewheel with table _Bingo )(Bar bingo Pull-tab, Tipboard, and Paddlewheel Rent (No lease required for raffleso) Booth operation - sales of gambling equipment by an employee Bar operation - sales of gambling equipment within a leased (or volunteer) of a licensed organization within a separate enclosure premises by an employee of the lessor from a common area where that is distinct from areas where food and beverages are sold. food and beverages are also sold. r------------------------------------, Does your organization OR any other OrganiZa~n conduct gambling from a booth operation at this location? Yes No L_________________ _______==_________~ If you answered yes to the question above, rent limits are If you answered no to the question above, rent limits are based on the following combinations of operation: based on the following combinations of operation: Booth operation .Bar operation Booth operation and pull-tab dispensing device Bar operation with pull-tab dispensing device Booth operation and bar operation Pull-tab dispensing device only - Booth operation, bar operation, and pull-tab dispensing device The maximum rent allowed may not exceed $1,750 in total per month for all organizations at this premises. The maximum rent allowed may not exceed $2,500 in total per month for all organizations at this premises, Complete one option: Option A: 0 to 10% of the JOss profits per montho Percentage to be paid / { % Complete one option: Option A: 0 to 20% of the gross profits per month, Percentage to be paid % Option B: When gross profits are $4,600 or less per month, $0 to Option B: When gross profits are $1,000 or less per month, $0 $400 per month may be paido Amount te be paid $ to $200 per month may be paido Amount to be paid $ Option c: $0 to $400 per month may be paid on the first $4,000 of gross profit. Amount to be paid $ 0 Plus 0% to 10% of the gross profits may be paid per month on gross profits over $4,000, Percentage to be paid % Option C: $0 to $200 per month may be paid on the first $1,000 of gross profitso Amount to be paid $ 0 Plus 0% to 20% of the gross profits may be paid per month on gross profits over $1,0000 Percentage to be paid % Bingo Rent Option 0: 0 to 10% of the gross profits per month from all lawful gambling activities held during bingo occasions, exduding barbingoo Percentage to be paid % Bar Bingo Rent ~ Option F: No rent may be paid for bingo conducted in a baro Option E: A rate based on a cost per square foot not to exceed 110% of a comparable cost per square foot for leased space, as approved by the director of the Gambling. Control Board. No rent may be paid for bar bingoo Rate to be paid $ per square foot. The lessor must attach documentation, verified by the organization, to confirm the comparable rate and all applicable costs to be paid by the organization to the iessor. New Bingo Activity For any new bingo activity not previously induded in a Premises Permit Application, attach a separate sheet of paper listing the days and hours that bingo will be conductedo o o o LG215 Lease for Lawful Gambling Activity Lease Term - The term of this lease agreement will be concurrent with the premises permit issued by the Gambling Control Board (Board)o Management of Gambling Prohibited - The owner of the premises or the lessor will not manage the conduct of gambling at the premiseso Participation as Players Prohibited - The lessor, the lessor's immediate family, and any agents or gambling employees of the lessor will not participate as players in the conduct of lawful gambling on the premiseso Illegal Gambling . The lessor is aware of the prohibition against illegal gambling in Minnesota Statutes 609075, and the penalties for illegal gambling violations in Minnesota Rules 7861.0050, Subpart 30 In addition, the Board may authorize the organization to withhold rent for a period of up to 90 days if the Board determines that iIIegai gambling occurred on the premises and that the lessor or its employees participated in the iilegal gambling or knew of the gambling and did not take prompt action to stop the gamblingo Continued tenancy of the organization is authorized without the payment of rent during the time period determined by the Board for violations of this provisiono . To the best of the lessor's knowiedge, the iessor affirms that any and all games or devices located on the premises are not being used, and are not capable of being used, in a manner that violates the prohibitions against illegal gambling in Minnesota Statutes 609.75, and the penalties for iilegal gambling vioiations in Minnesota Rules 7861.0050, Subpart 30 . Notwithstanding Minnesota Rules 7861.0050, Subpart 3, an organization must continue making rent payments, pursuant to the terms of the lease, if the organization or its agents are found to be solely responsible for any illegal gambling conducted at that site that is prohibited by Minnesota Rules 7861.0050, Subpart 1, or Minnesota StatuteS 609.75, unless the organization's agents responSible for the illegal gambling activity are also agents or employees of the lessor. . The lessor shall not modify or terminate the lease in whole or in part because the organization reported to a state or local law enforcement authority or the Board the occurrence at the site of illegal gambling activity in which the organization did not partidpate. 5/06 Page 2 of 2 Other Prohibitions . The lessor wili not impose restrictions on the prganization with respect to providers (distributors) of gambling-related equipment and services or in the use of net profits for lawful purposeso . The lessor, person residing in the same householq as the lessor, the lessor's immediate family, and any agents or employees of the lessor will not require the organization to perform any action that would violate statute or ruleo If there is a dispute as to whether a violation of this provision occurred, the lease wili remain in effect pending a final determination by the Compliance Review Group (CRG) of the Gambling Control Boardo The lessor agrees to arbitration when a violation of this provision is alleged. The arbitrator shall be the CRGo . The lessor shall not modify or terminate this lease in whole or in part due to the lessor's violation of the provisions listed in this lease, Access to permitted premises - The Board and its agents, the comlTiissioners of revenue and publiC safety and their agents, and law enforcement personnel have access to the permitted premises at any reasonable time during the business hours of the lessor. The organization has access to the permitted premises during any time reasonable and when necessary for the conduct of lawful gambling on the premiseso Lessor records. The lessor shall maintain a record of all money received from the organization, and make the record available to the Board and its agents, and the commissioners of revenue and public safety and their agents upon demando The record shall be maintained for a period of 3-1/2 yearso Rent all-induslve - Amounts paid as rent by the organization to the lessor are ali-inclusiveo No other services or expenses prOVided or contracted by the lessor may be paid by the organization, induding but not limited to trash removal, janitorial and deanlng services, snow removal, lawn services, electricity, heat, security, security monitoring, storage, other utilities or services, and in the case of bar operations, cash shortages, Any other expenditures made by an organization that is related to a leased premises must be approved by the director of the Gambling Control Board. Rent payments may not be made to an individual. Acknowledgment of Lease Te~ms All obligations and agreements are contained in or attached to this lease and are subject to the approval of the director of the Gambling Control Boardo I affirm that the lease information is the total and only agreement between the lessor and the organizationo There is no other agreement and no other consideration required between the parties as to the lawful gambling and other matters related to the lease, Any changes in this lease will be submitted to the Gambling Control Board at ieast 10 days .pripr. to the effective date of the changeo If a renegotiated lease is made due to a change in ownership, the new lease will be submitted within 10 days after the new lessor has assumed ownershipo . .. List or attach other terms or conditions (must be approved by director of Gambling Control Board) A Questions on this form should be directed to the Licensing Section of the Gambling Control Board (Board) at 651-639 000 This publication will be made available in alternative fonnat (ioeo large print, Braille) upon request, If you use a TrY, you can call the Board by using the Minnesota Relay Service and ask to place a call to 651-639-40000 The information requested on this fonn will become public information when received by the Board, and will be used to determine your compliance with Minnesota statutes and rules goveming lawful gambling activitieso o o o @) 1685 CROSSTOWN BOULEVARD NoWo . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWWoCI.ANDOVERoMNoUS TO: Mayor and Council Members CC: Jim Dickinson, City Administrator Donald Olson, Building Official f:J. FROM: SUBJECT: Approve Amendment to City Code 9-1-1 /Adopting Newest Edition of Minnesota State Building Code/ Chapter 1306 -- Building DATE: August 8, 2007 INTRODUCTION Cities within the 11 county metropolitan area are required by state law to adopt into their Codes the new State Building Code as changes occur, Recently there were changes to Section 1306 that need to be adopted into Andover's Code. The attached proposed code amendment contains the needed language to make the changes to the City Code and put in place language that will allow future changes to be adopted automatically/perpetually without going through this Code amendment process as the State makes them, DISCUSSION The City needs to update the City Code in this area or it will not be current in the regulations that should be followed. Section 1306 contains new code language that needs to be adopted by reference. The staff recommends the Council approve this proposed code amendment. See attached e-mail from the State and the new S~ction 1306 (attached) for further details. ACTION REOUESTED Approve the attached Ordinance Amendment to City Code Section 9-1-1 "Building Code", adopting Section 1306 of Minnesota State Building Code (as amended in 2007 by the State of Minnesota) by reference. Also approve the Summary Ordinance that needs to be published to make this official. Respectfully submitt~ \ (). ~ Donald Olson N~ O~ Building Official Attachments Ordinance Amendment/Summary Ordinance E-mail from State Old and New Sections of 1306 of State Building Code -------- (; CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO, AN ORDINANCE AMENDING CITY CODE TITLE 9-1-1 OF THE CITY OF ANDOVER, TO PERPETUALLY ADOPT THE MOST CURRENT EDITION OF THE MINNESOTA STATE BUILDING CODE AND MAKE SPECIFIC CHANGES RELATED TO SECTION 1306 THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: City Code Title 9-1-1 of the City of Andover is hereby amended as follows: (bold, underlining represeuts words to be added; strikeouts are words to be deleted) o 9-1-1: STATE BUILDING CODE ADOPTED: The most current edition ofthe Minnesota State Building Code established pursuant to Minnesota Statutes Sections 16B.59 to 16B.75, includinl! all of the amendments. rules and rel!Ulations established. adonted and nublished from time to time by the Minnesota Commissioner of Labor and Industrv. throul!h the Buildinl! Codes and Standards Unit is hereby adopted.ln: reference with the excention of the ontional chanters. unless snecifically adonted by this ordinance as the building code for this municipality. The code is hereby incorporated in this chapter as if fully set out herein, Q A. The Minnesota State Building code. adonted by this municinalitv. includes the following chapters of Minnesota rules: Chapter 1300 - Administration of the Minnesota State Building Code Chapter 1301 - Building Official Certification Chapter 1302 - State Building Code Construction Approvals Chapter 1303 - Minnesota Provisions Chapter 1305 - Adoption of the ~ International Building Code Chapter 1306 - Special Fire Protection Systems Chapter 1307 - Elevators and Related Devices Chapter 1309 - Adoption of the ~ International Residential Code Chapter 1311 - Adoption of the ~ Guidelines for the Rehabilitation of Existing Buildings Chapter 1315 - Adoption of the ~ National Electrical Code Chapter 1325 - Solar Energy Systems Chapter 1330 - Fallout Shelters Chapter 1335 - Flood-proofmg Regulations (Parts 1335.0600 to 1335.1200). Chapter 1341 - Minnesota Accessibility Code Chapter 1346 - Adoption of the Minnesota State Mechanical Code Chapter 1350- Manufactured Homes Chapter 1360 - Prefabricated Structures Chapter 1361 - Industrialized/Modular Buildings Chapter 1370 - Storm Shelters (Manufactured Home Parks) o Chapter 4715 - Minnesota Plumbing Code Chapters 7670, 7672, 7674, 7676, and 7678 - Minnesota Energy Code 1 See also section 12-14-25, "Residential Building Standards", of this code. B. 'Thill mooillitJalit) :ma:;o a611pt ll:;' rllf~fllllllll an') llf all sf tftll fel111v.iBg Spti.llll& llhaptllfs llf MioollS€lfa RWllS: Cftaptllr 1398, 8pllllial FWll Pf€Jtllllti.llll 8:;'3tllms; 8ft€! Chaptllr 1333', Fllllla pf!lllfing RllgWati.lllls, Parts 1333'.9899 tll 1333'.1299 & 'This munillitJalit:;' m~ a6@ptll:;o fllfufllllllll }41PllllliMi ChaptEr K (Cmaillg), llftftll 2991 81lpplllmEIlts 111 tftll In111mati.llll& Qwlamg Clla@, TOO f81111.r.ng 8pti.81l& p1'8 tisi8nB ia@lltmlla in 8@llti81l1, 81l11p, Q ana C afll hllrEll) aa€lptlla8fta m@1l1'Jl8mtlla!lfl part 8ftftllllwlliing llllall fer this mooillitJalit): 139fl 8pllllial PHil Pm111111i81l 8ystllm ..ith tftll fellll,;ing llflti.8IlS: a, 1391'i,9929 Sll11p. 2 8fta 139fl,9939 E €lJl1illll 1. ~ 1333' PI811€! pf88:Mng R@gWati.8Ils Parts 1333',9fl99 18 1333',1299, B.I).. Section W91l0, Certification Of Occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the Building Official has issued a Certificate of Occupancy tftllrllf81'1l as provided in Table R300.1 (titled "OccuDancv Classifications") of the 2006 International Residential Code h@rllill illlllllaing Crllllp R, Di, illillll III. (Ofa, 293'Q, 3' fl 2993). o Adopted by the City Council of the City of Andover on this 8th day of August, 2007. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Victoria V oIk, City Clerk o o CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA ORDINANCE NO. SUMMARY AN ORDINANCE AMENDING CITY CODE TITLE 9-1-1 OF THE CITY OF ANDOVER, TO PERPETUALLY ADOPT THE MOST CURRENT EDITION OF THE MINNESOTA STATE BUILDING CODE AND MAKE SPECIFIC CHANGES RELATED TO SECTION 1306 STATUTORY AUTHORIZATION AND POLICY ~tatutory Authorization This ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statute 462. Policy The purpose of adopting the amended Section 1306 of Minnesota State Building Code is to stay current with the newest Minnesota building regulations without having to make changes to the City Code, o GENERAL PROVISIONS AND DEFINITIONS o Jurisdiction The provisions of this ordinance shall apply to the City of Andover Enforcement The City Administrator or his/her designee shall have the authority to enforce the provisions of this ordinance. Interpretation Interpretation of the provisions of this ordinance shall be held to be the minimum requirements and shall be liberally construed in the favor of the governing body. A printed copy of this ordinance is available for inspection by any person during regular hours of the City Clerk. Adopted by the City Council of the City of Andover on this 8th day of August, 2007, ATTEST: CITY OF ANDOVER Victoria V olk, City Clerk Michael R. Gamache, Mayor /l E_t?t:t;jlt y- Donald Olson Q.=rom: Sent: To: Subject: Barry Greive [BarryoGreive@state.mn,us] Thursday, June 28, 2007 11 :05 AM Donald Olson Fwd: New 1306 Rule/Code Adoption Requirements ~ final 2007 MSBC Chapter 1306,d... FYI regarding grading and 1306, Hope all is well, Barry Greive Building Code Representative Sr. Construction Codes and Licensing Building Codes and Standards Unit 443 Lafayette Road N. St. Paul MN 55155-4341 651-552-5041 barry,greive@state,mn.us www.doli.state.mn.us/buildingcodes.html Staff opinion: Unless otherwise noted, the response provided above is a staff opinion provided by a member of the Building Codes and Standards Division. A staff opinion is the opinion of one staff member about the Qorrect answer to a specific question generated by a customer. The pinion is not binding. A customer may request a division opinion, which involves a formal process where the Building Codes and Standards Division responds in writing to a specific written request by a customer, For details, visit our Web site at http://www.doli.state.mn.us/buildingcodes.html and click on "Code Opinions and Policy" at the top of the page. >>> Paul Heimkes 6/28/2007 10:04 AM >>> FYI - RE: The new 2007 MSBC MN Rule Chapter 1306 - Special Fire Sprinkler Option I recently sent out an email with some "code update" information that seems to have generated a number of questions in regards to MN Rule 1306. To be specific, the questions all seem to be on the requirements for updating local code adoption ordinances for those who have adopted MN Rule Chapter 1306 -Special Fire Sprinkler Requirements. Again, in an effort to head-off numerous phone calls and further debate/discussion on this item, I am going to try and provide some additional information on this particular issue. The general question we are receiving seems to be,... "Do we have to update our local code adoption ordinance if we have used the regular perpetual code ordinance language and have addressed 1306 through that ordinance? oe answer to that question is "YES." The reasoh is because, if your current ordinance was written properly, you must specifically list/identify 1306 as an optional Rule part that you have chosen to adopt, Again, if written properly, you would've also listed/identified the optional subparts of 1306 (for Group R 1 occupancies) that you chose to enforce within your jurisdiction, Under the new 2007 MSBC 1306 Rule however, you will no longer have optional OGroup R occupancy provisions; therefore, you will need to update your ordinance to reflect this new condition, (In addition, if you have chosen to adopt the optional Appendix K for grading and excavating, you will need to re-address this too, because Appendix K will now change to Appendix "J.") Once you re-adopt your local perpetual ordinance in this manner, assuming 1306 does not get amended again for the 2009 I-Codes (or ever again), you will not have to do this again for the next code cycle, For those of you who have adopted the long version of the example code ordinance, you will all have to re-adopt the code anyhow, as there are many changes within the list of Rule parts - and the general language - that have to be modified for the new co e. ~s seems to be somewhat "trivial," but I have checked on this with CCLD staff and that is the official position of the Division, If ~ you do not update accordingly, any previous 1306 reference or version is ~ automatically relinquished and becomes null and void on July 10, 2007 - and you will legally have no special sprinkler ordinance adopted within your community. Remember, for those adopting the new version of 1306, you are responsible for sending a copy of your new code adoption ordinance to the CCLD-BCSU as soon as possible (in accordance with the Rule), so that we can check it and list you on the MNCODES site. For those that are considering - or have - rescinded the 1306 ordinance, we would appreciate it if you would inform us of that condition too so we can remove your city from the published list of those that have adopted 01306. A copy is the of. the "new" 1306 Rue Chapter is attached to this final version that you will see in the 2007 MSBC. you wish! email.This ..,.Print and use as I hope this helps to clarify the issue. If not, or of you have additional questions, feel free to contact me at the number below. Thanks. Paul R~ Heimkes Building Code Representative, Sr, SE MN Regional Building Official MN DLI - Construction Codes & Licensing Division Building Codes & Standards unit 443 Lafayette Road N., St. Paul, MN 55155-4341 (P) 651-284-5864 . (F) 651-284-5749 (email)paul.heimkes@state.rnn.us (Website) www.doli.state.rnn.us Staff Opinion: Unless otherwise noted, the response or reply contained in this message is a CCLD/BCSU staff opinion only. A staff opinion is the opinion of one staff member about the correct answer to a specific question generated by a customer. A staff opinion is not binding in any way. A customer may request a "Division Opinion" which involves a formal process where the Building Codes and Standards Unit responds in griting to a specific written request by a customer, For details, visit ur web site at http://www.doli.state.mn.us.Click on "Building Codes . and Standards" on the first page and then click on "Code Opinions and Policy" at the top of the second page (grey area). 2 or~ ~ t.... MIN. NESOTA DEPARTMENT OF ~ LASOR & INDUSTRY ~.. . A trusted resource utilized by employees and employers .., OFFICE MEMORANDUM DATE: May 8, 2007 TO: Code Officials, Design Professionals, Contractors" and Suppliers ~01J:".LL~ *~ FROM: Thomas C, Anderson . State Building Official Jerry Rosendahl State Fire Marshal PHONE: (651) 284-5068 SUBJECT: State Building and Fire Code adoption delayed to July 10, 2007 o July 10,2007, has been confirmed as the final adoption date of the Minnesota Building and Fire codes, While the division's goal has been to have adoption occur on May 31, 2007, an unexpected delay occurred in the rule process, Commissioner Brener decided to delay the code after receiving a request from a segment of the industry requesting extra time for training and production of the code materials. After considerable discussion, it was decided a 40-day delay would not have an adverse impact on the code, yet would provide valuable time for stakeholders to obtain code materials and additional training for successful implementation of the code, On Monday, July 2, 2007, the notice of adoption will be published in the State Register with an effective date of July 10, 2007, for the following codes: . Chapter 1300 Minnesota Building Code Administration . Chapter 1303 Special Provisions - Minnesota provisions of the State Building Code . Chapter 1305 Adoption of the International Building Code ~ . Chapter 1306 Special Fire Protection Systems <( . . Chapter 1309 Adoption of the International Residential Code . Chapter 1341 Minnesota Accessibility Code . Chapter 7511 State Fire Code (proposed new chapter to replace chapter 7510) o Chapter 1307 Elevators and related devices was adopted and became effective Jan. 29, 2007, -more- ..~ ~ o o The following codes are still in various stages of adoption and are expected to follow this fall. . Chapter 1311 Minnesota Conservation Code for Existing Buildings . Chapter 1322 Residential Energy Code . Chapter 1323 Commercial Energy Code . Chapter 1346 Mechanical and Fuel Gas Codes . Chapter 4715 Minnesota Plumbing Code . Chapter 5230 High-pressure piping, pipefitters, power piping system o ,~ ~lV THE 2007 MlNNFSOTA STATE BUILDING CODE MINNESOTA RULES, CHAPTER 1306 SPECIAL FIRE PROTECTION SYSTEMS 1306.0010 GENERAL. This chapter authorizes optional provisions for the installation of on-premises fire suppression systems that may be adopted by a municipality in addition to the State Building Code, If the . municipality adopts them. the sprinkler system requirements of this chapter become part of the State Building Code and are applicable throughout the munlcipality, This chapter, if adopted, must be adopted without amendment. 1306.0020 MUNICIPAL OPTION. o Subpart 1. Requirement. The sprinkler system requirements of this chapter, if adopted, must be adopted with the selection of either subpart 2 or 3, without amendment. Subp, 2, Existing and new buildings. Automatic sprinkler systems for new buildings, buildings increased in total floor area (including the existing building), or buildings in which. the occupancy classification has changed, must be installed and maintained in 9pemtional condition within the structure. The requirements of this subpart apply to structures that fall within the occupancy classifications established in part 1306,0030, items A to D, Exception: The floor area of minor additions that do not increase the occupant load does not have to be figured into the square footage for occupancy classifications established in part 1306.0030, items A to D, c Subp. 3, New buildings. Automatic sprinkler systems for new buildings, additions to existing buildings, or buildings in which the occupancy classification has changed must be installed and maintained in opemtional condition within the structure, The requirements of this subpart apply to structures that fall within the occupancy classifications established in part 1306.0030, items A to D. Exception: The floor area of minor additions that do not increase the occupant load does not have to be figured into the square footage for occupancy classifications established in part 1306,0030, items A to D, 1306.0030 REQUIREMENTS. For purposes of this chapter, area separation, fire barriers, or fire walls do not establish separate buildings, Gross square footage (gst) means the floor area as defined in the International Building Code, The floor arear~ementse~li~dinu~AtoD are based on the gross square footage of the entire building and establish thresholds for these requirements. The following occupancy groups must comply with sprinkler requirements of this chapter, unless specified otherwise: A. Group A 1, A 2, A 3, and A 4 occupancies; , Exception: air inflated structures, and open picnic shelters, B. Group B, F, M, and S occupancies with 2,000 or more gross square feet of floor area or with three or more stories in height; Exception: S 2 open parking garages, aircraft hangars, salt storage sheds, and. group ''M'' detached canopies. 212 ~ ~ THE 2007 MINNESOTA STATE BUllJ)ING CODE C, GrOUp E occupancies with 2,000 or more gross square feet of floor area or with two or more stories in height; D. Group E day care occupancies with an occupant load ono or more; 1306.0040 STANDARD. . o Automatic sprinkler systems must comply with the applicable standard referenced in the State Building Code. If a public water supply is not available, the building official and fire chief shall approve the use of an alternate on- site source of water if the altemate source provides protection that is comparable to that provided by a public water supply, If an adequate alternate water supply sufficient for hose stream requirements is provided or available, the building official and fire chief may permit the water supply requirements for the hose stream demands to be modified. 1306.0050 CONSTRUCTION. SUBSTITUTE The installation of an automatic sprinkler system, as required by this chapter, would still allow the substitution of one-hour fire- resistive construction as permitted by the International Building Code, Table 601, footnote d. 1306.0060 EXEMPTION. The building official, with the concurrence of the fire official, may waive the requirements of this chapter if the application of water has been demonstrated to constitute a serious life, fire, or environmental hazard, or if the building does not have an adequate. water supply and the building is surrounded by public ways or yards more than 60 feet wide on all sides. o 1306.0070 REPORTING. A municipality must submit a copy of the ordinance adopting this chapter to the Department of Labor and Industry, Construction Codes and Licensing Division, The ordinance does not go into effect until: A. a signed electronic, faxed, or paper copy of the ordinance has been received by the division; and B, the ordinance has been approved by the division. An ordinance is deemed automatically approved by the division if the municipality has not been informed that the ordinance has not been approved within ten working days of the division's receipt of the ordinance. 1306.0100 [Repealed, 27 SR 1479] MinD. Rules repealed, etc. in chapter 1306 1306.0100 [Repealed, 27 SR 1479] 213 1306.0010 GENERAL. Tliis chapter authorizes optional provisions for the installation of on-premises fire suppression systeIIiS that may be adopted bya municipality in addition to the State Buildfng Code. . If the municipality adopts them, the sprinkler system requirements of thiS chapter beCome part of the State Building Code arid are oapplicable throughout the municipality. This chapter, if adopted. must be adopted without amendment.. . STAT AUTH: MS s 16B,S9; 16B,61; 16B.64 . HIST: 27 SR 1479 1306.0020 MUNICIPAL OPTION. . Subpart 1. . Requirement. The .. sprinkler O. system requirements of this chapter, ifadopted. . must be adopted with the selection of either subpart 2 or 3, without amendment . . '.1;~ ') Subp. 2, Existing and. new bUiIdings.o . ~ Automatic sprinkler syStems for new buildingS. 9 . . buildings increased in total floor area b! Do{ ~ (mcluding the eXisting building), or bUildings in ~. ot, which the occupancy classification bas ;- 1. ~ changed, must be installed and .maintained in ~'O. operational condition within the structure,O The . . requirements of thiS subpart apply to structures that fall within the occupancy. classifications established in part 1306,0030, items A to E. Exceptions: 1, The floor area of Minor additions that do not in~ the occupant load does not have to be figured into the square footage for Occupancy classifications established in part 1306.0030, items A to E. o 2. The existing portion of R-2apartment occuPancies, attached R-3 occuPancies, and attached townhomes is not required to be sprfuklered under this chapter, "t':. ..-~ I~\.: g.- o.;;,,! J". ''',.. Subp. 3. New buildings. Automatic ,?_ '0;1).(1 .)0 , sprinkler systems for new buildingS, additions -.', , >~. '\i~ to existing buildings, or buildings in which the ~~. . .;, , Occupancy cI8ssification has changed mUst be "p. \" installed . and maintained in operational . fJ ~ condition within . the structure. The requirements of this subpart apply to structures thai fall within the occupancy class~cations established in part 1306,0030, items A to E, Exception: The floor area. of minor additions that do not in~ the occupant load dOes not. have to be figured into the square footage j'or occupancy clasSifications established in part 1306,0030, items A to E, STATAUTH:MSs 16B.59; 16B,61; 16B.64 HIST: 27 SR 1479 . 1306.0030. REQUIREMENTS. For pU1'p9ses oftbis chapter, area separation, fire barriers,. or . fire . walls do not establish .. separate buildiitgs. Gross square footage (gsf) means. the floor area as defined in b: . International Building Code. the floor area iequiremehtsestablished in items A. to E are baSed on the gross square footage of the entire btillding an~ establish thresholds for these requirements. The following occupancy groUps must comply with sprinkler requirements of this chapter, unlesS specified otherwise: A. Group . A-I, A-2, A-3, and A-4 . A~~ b~ ~,-hj Oy~,V~ 1Jl>. ~4S B . B. Group B, F, M,and S occupancies with 2,000 or more gross square feet of floor area or . with three or ~ore stories in height; C. Group E occupancies with 2,000 or more gross square feet of floor area or with two or . more stories in height; D. Group E day care occupancies with an occupant load of 30 or more; 241 l;J' Eo Optional. occupancy group-municipality may choose option 1 or option 2, I . 1.. Grollp R-lan,dR-2 ocCUpancies with ~ ~ .. g~5.00.Or more grosS square feet of tloor area or l: . r dwelling units Or guestrooms on three or more ..J.V ... . tloors; and attached &3 occupancies and "'. """'7 attached townhoUSes buih to the International f,f:~'JnIti Residential Code with 8,500 or more gross ~- square feet oftloor area. All tloors; basements, ~'fJ' and garages are. included in this tloor area threshold o 'aN,,~, ,"n, o 2. Attached R-3 ocCupancies and attached townhouses buih. to the International Residential Code with more than 16 dwelling units or more than three stories in height. STAT AUTII: MS s l6B.59; 16B.6l; 16B.64 HIST: 27 SR 1479 . 1306.0040 STANDARD. Automatic sprinkler systems must comply with the applicable standard referenced in the State Building Code. If a public water supply is not available, the building official and fire . . chief shall approve the use of an alternate on-site SOUfCC of water if the a1temate source provides protection that is comparable to that provided by a public water supply. If an adequate a1temate water supply sufficient for hose stream requirements. is provided . or available, the bUilding official and. fire chief may permit the water supply reciuirements. for . the hose stream demandS to be modified. . STAT AUlH: MS s 16B.59; 16B.61; 16B.64 IDST: 27 SR 1479 ~~.qO~t SUBSTITUTE CON~UCttOlt; ~<< It ~~~L~ .~ ~ . The installation of. an automatic sprinkler . system, as required by this chapter, would still allow the substitution of one-hour fire-resistive construction as pennitted by the International Building.Code~ Table 601, footnotec:l . STAT AUTII:MS s 168.59; 16B.61; 16B,64 242 HIST: 27 SR 1479 1306.0060 EXEMPTION, The building official, with the concunence of the tire official, may waive the requirements of this chapter iftbe application of water has been demonstrated to constitute. a serioUs life, tire, or environmental hazard, or if the building does . not have an adequate water supply and the building is surrounded by public ways or yards more than 60 feet wide on all sides. STAT AUTII: MS s 16B.59; 16B.61; 16B.64 HIST: 27 SR 1479 1306.0070 REPORTING. A municipality must submit a copy of the ordinance adopting this .chapter to the Department of Administration, Building Codes and Standards Division, within 15 days of its adoption. REPEALER. Minnesota. RDIes, part 1306.0100, is repealed. STAT AUTH: MS s 16B.59; 16B.61;16B,64. HIST: 27 SR 1479 . I 0 '1 \, r ..~ ~. ., 1\,. o.t,.. :"\ . J.,., 't '(I. .. ~ ..' 0 ...~. - I- ~.. "1'\ .~ .;"'1 ~. . 1306.0100 Repealed, 27 SR 1479 . o ~\ ~ 1685 CROSSTOWN BOULEVARD NoW,. ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWWoCI.ANDOVERoMNoUS TO: Mayor and Councilmembers ~, \'...... \"', "", "'~, - CC: Jim Dickinson, City Administrator Dan Winkel, Fire Chief b.w. FROM: SUBJECT: Amend Ordinance 277, and Approve Ordinance to adopt new 2007 Minnesota State Fire Code/ Chapter 7511 DATE: August 7, 2007 INTRODUCTION The State of Minnesota has adopted the new 2007 State Fire Code effective on July 10, 2007, The new code has been revised and updated in order to replace the existing 2003 Minnesota State Fire Code o DISCUSSION With the State adoption of the new State Fire Code, Minnesota now has a Fire Code that will be enforced statewide without exceptions. The new code works in conjunction with the new State Building Code recently adopted, The Fire Codes and Building Codes are very compatible with each other and will be used for the construction of new buildings and also for the inspections of existing buildings and facilities, BUDGET IMPACT There is no budget impact with the adoption of the new State Fire Code, RECOMMENDATION The Fire Department staff is recommending that the Mayor and City Council amend Ordinance 277 to adopt the new 2007 Minnesota State Fire Code! Chapter 75110 r~:z; Dan Winkel, Fire Chief o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CITY CODE TITLE 7. CHAPTER 2 ADOPTING THE MINNESOTA STATE FIRE CODE AND APPENDICES H AND I BY THE CITY OF ANDOVER AND AMENDING THE MINNESOTA STATE FIRE CODE BY PROHIBITING OVERCROWDING OF PL\CE8 OF .\S8EMBL Y, TO PROVIDE FOR STANDBY PERSONNEL ON FIRE WATCH WHEN DETERMINED TO BE NECESSARY BY THE FIRE CHIEF, TO ESTABLISH APPEAL PROCESS TO THE LOCAL GOVERNING BODY AND TO ADMINISTER AND REGULATE RECREATIONAL FIRES AND BURNING PERMITS The City Council of the City of Andover does ordain: o Section 1. Minnesota State Fire Code--Adootion. Pursuant to Minnesota Statutes, Section 299F.OII, and as modified bv Minnesota Rules. Chapter 7511 J 7510.3510, the Minnesota State Fire Code, one (I) copy of which has been marked as the official copy d which is on file in the office of the city clerk, is hereby adopted as the fire code for the City of Andover, Minnesota" for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion. Every provision contained in the Minnesota State Fire Code, except as hereinafter amended, is hereby adopted and made a part of this chapter as if fully set forth herein. The scope of these regulations is intended to be consistent with Minnesota Statutes, Section 299F.011. (1) The City of Andover adopts by reference the following appendices to said Minnesota State Fire Code: (a) AJ).pendix H - Fires or Barbecues on Balconies or Patios. (b) Appendix I - Special Locking Arrangements for Group I Occupancies. Section 2. Enforcement. The chief of the fire department (hereinafter for convenience of reference "chief' or "fire chief') or his authorized representatives shall enforce the provisions of this chapter. The fire chief may detail such members of the fire department as inspectors as shall from time to time be necessary. Section 3. Defmitions. o The following definitions shall apply to this chapter: (1) Jurisdiction. Wherever the term "jurisdiction" is used in the Minnesota State Fire Code, it shall be o held to mean the City of Andover. (2) Code;flre code, "Code" or "fire code," where not more specifically enumerated, shall be construed to include the Minnesota State Fire Code, as adopted by the State of Minnesota pursuant to Minnesota Statutes, Section 299F.OII and any amendments thereto as adopted by the City of Andover, as well as other provisions of the City of Andover's Adopted Ordinances. Section 4. Amendment to the Minnesota State Fire Code. a) Amend Section 307 of the Minnesota State Fire Code by adopting section 307.5. b) Chapter 45 of the State Fire Code, as amended by Minnesota Rule 7510.3674, is further amended by adding language "The Fire Chief and/or his authorized representative may reference later editions of the NFP A standards as they become published." c) Chapter 1. Section I 05 is amended bv adding sections to read: (1) 105.1.1.1 Permit Fees, Permit fees shall be in accordance with Andover City Code. Chapter 7. 1-7.3 and are payable at the time of application. (2) Section 105,1.1.2 Failure to Obtain Approved Permits: The owner(s). their representative( s). or contractor( s) mav be charged a penalty fee for failing to obtain an approved permit prior to conducting: work on site. o Section 5. Penalties. (a) Unless otherwise stated herein, any person who shall violate any of the provisions of this code hereby adopted or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the fire chief or his authorized representative or by a court of competent jurisdiction within the time fixed herein. shall severally for each and every such violation and noncompliance, respectively, be guilty of a misdemeanor violation. The imposition of one (1) penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense. (b) The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. Section 6. Standby Personnel. o When, in the opinion of the chief, it is essential for public safety in a place of assembly or any other place where people congregate, due to the number of persons, or the nature of the performance, exhibition, display, contest or activity, the owner, agent or lessee shall employ one or more qualified persons, as required a approved, to be on duty at such place. Such individual's o duties shall be the following: Be subject to the chiefs orders at all times when so employed and shall be in uniform and remain on duty during the times such places are open to the public, or when such activity is being conducted. Before each performance or the start of such activity, such individuals shall inspect the required fIre appliances provided to see that they are in proper place and in good working order. They shall inspect the means of egress to see that they are readily visible and easily accessible. They shall inspect for any conditions liable to cause or contribute to a fire and require the owner or agent to remedy any such conditions prior to any performance or activity. They shall keep diligent what for fires during the time such place is open to the public or such activity is being conducted and take prompt measures for extinguishment of fIres that may occur. Such individuals shall not be required or permitted, while on duty, to perform any other duties than those specifIed herein. Section 7. Recreational Burnine: and Burn Permits. o The fire chief and/or his authorized representative will administer and regulate recreational fire and burning permit rules as established by Fire Department Policies. Failure to obtain the proper permits and/or violations of those rules may be enforced under this code and subject to penalties as defined for a misdemeanor violation. Section 8. Anneals. Whenever the Fire Chief or his/her representative shall disapprove or refuse to grant a permit. or issue an order or notice as provided in the Minnesota State Fire Code or Andover Fire Regulations. or when it is claimed that the code or regulations have been wrongly applied or interpreted. the aggrieving person may appeal the decision of the Fire Chief as follows: (1 ) The aggrieved person may me a written appeal to the Fire Chief within ten days from the letter. notice or order, (2) The person aggrieved by the decision of the Fire Chief may fIle a written appeal with the City Administrator, The appeal to the City Administrator must be made within thirtY days from the date of the Chief s decision, (3) The person aggrieved by the decision of the City Administrator may me a written appeal with the City Council. The appeal to the City Council must be made within thirtY days from the date of the decision of the City Administrator. (4) The person aggrieved by the decision of the City Council may appeal to the State Fire Marshal in accordance with Minnesota Statute Section 299F.OIl. Subdivision 5. o o o o Section &9 Effective Date. This Ordinance shall take effect and be in force from and after its approval as required by Law. Adopted by the City Council of the City of Andover this day of _, 2007 CITY OF ANDOVER Michael R. Gamache - Mayor ATTEST: Victoria V olk - City Clerk o o o 1685 CROSSTOWN BOULEVARD NoWo . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWWoCI.ANDOVERoMNoUS TO: Mayor and Councilmembers CC: . Jim Dickinson, City Administrator Will Neumeister, Community Developm Director~ FROM: Andy Cross, Associate Planner oA<7L- SUBJECT: Approve Amendment to City Code 9-1-6B.2/Installation of Explosive Gas Monitors- Planning DATE: August 8, 2007 INTRODUCTION A letter from the MinnesotaPollution Control Agency will allow us to change part of our City Code regarding development around the WDE Landfill site, DISCUSSION Based on 2003 input from the Minnesota Pollution Control Agency, Andover's City Code contains language requiring new houses built around the WDE landfill to have explosive gas monitors to guard against methane, In a new letter the MPCA makes clear that this requirement is no longer necessary (see attached): ", 0 ,after further evaluation of various disadvantages of having detectors inside the building, usually not reliable due to lack of maintenance and not readily available for MPCA staff inspection, the MPCA has decided that a continuous monitor is not necessary IF there is not detection of methane in the permanent gas probes located between the refuse limits and the new structureo " City Code 9-1-6-B-2 will be changed to reflect this new MPCA policy (see Resolution), ACTION REQUESTED The Council is asked to approve this Code amendment, Respectfully submitted, ~~~ Andy Cross Attachments Letter from MPCA dated July 27,2007 Resolution ~ o o o Minnesota Pollution Control Agency 520 Lafayette Road North I St. Paul, MN 55155-4194 I 651-296.-6300 I 800-675-3843 I 651-282-5332 TTY I wwwopcaostateomnous July 27, 2007 Mr, David D, Berkowitz City of Andover 1685 Crosstown Boulevard, NW Andover,~ 55304 Dear Mr, Berkowitz: RE: City Ordinance Title 9 - Building Regulations (9-1-6B.2) This letter is being provided to inform and document that the Minnesota Pollution Control Agency (MPCA) supports changing the above-referenced City Ordinance, Specifically, 9-1-6B.2 "Completion of Construction: Explosive Gas Monitor"," states that the property owner of an enclosed structure must install and maintain an explosive gas monitor, At the time this ordinance was enacted, this requirement was considered an appropriate safeguard for structures built this close to the WDE Landfill, However, after further evaluation of various disadvantages of having the detectors inside a building, .usually not reliable due to lack of maintenance and not readily available for MPCA staff inspection, the MPCA has decided that a continuous monitor is not necessary IF there is no detection of methane in the permanent gas probes located between the refuse limits and the new structures. MPCA' s operation and maintenance contractor is responsible for measuring the methane concentration in these gas probes. This information is reported to the MPCA and evaluated, Therefore, if there is a future detection of methane in any of these gas probes, the property owner located between 200 and 500 feet from the refuse limits and near the affected gas probe shall be advised by the MPCA to install a methane gas detector in their enclosed structure. Please let either Peter Tiffany or me know if you have any questions. Sincerely, ~it~ Je,,1 M, Hanson p~'ect Leader Petroleum and Closed Landfill Section Remediation Division JH:ls StoPaul I Brainerd I Detroit Lakes I Duluth I Mankato I Marshall I Rochester I Willmar I Printed on 100% post-consumer recycled paper o o o CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA ORDINANCE NO, AN ORDINANCE AMENDING CITY CODE TITLE 9-1-6-B-2, "COMPLETION OF CONSTRUCTION; EXPLOSIVE GAS MONITOR" 2, CemlilletieR Of CeRstrbl@ti@R; Explosive Gas Monitor Installation Requirements: ~ au. If the permanent aas probes located between the refuse limit and the new structures detect methane, then the property owners of all enclosed structures te 00 erected within two hundred feet (200') to five hundred feet (500') of the limit of refuse disposal at the WDE qualified facility, excluding property north of Coon Creek, shall b required to install and maintain one continuous explosive aas monitor (equipped with an alarm set to sound at an explosive Qas concentration of twenty percent (20%) of the lower explosive limit (LEL) for methane). t~@ Iilrelil€JRy eVJRer s~all immeeliatel~', b1lileR @emlilletiRS @eRstrbl@tieR ef t~8 eR@leseel strbl@tblr@, iRstall iR tRe l3asemeRt er t~e le'N@st level ef tRe eR@leseel strbletblre a miRimblm ef eRe eeRtiRblebls €J)(lillesi':€J sas meRiter e€lblilillil€Jel '.vit~ aR alarm set te SElblRel at aR €J)(lillesi\'e sas EleRe€JRtratieR Elf w:eRtYIil€JreeRt ~2g%.) €If tRe le't:er €J)(lillesi\'8 limit (lH,) fer m€JtRalil€Jo TRelilrElIil@rty e'::Rer sl9alll3€J reslileRsil3l€J fer t~e eElst Elf iRstalliRS alilel fer maiFltaiRililS saiel meRitef.o Adopted by the City Council of the City of Andover this 8th day of August, 2007, CITY OF ANDOVER Attest: Michael R. Gamache - Mayor Victoria V olk - City Clerk o o o /H~) ~ 1685 CROSSTOWN BOULEVARD NoWo . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWWoCI.ANDOVERoMNoUS TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator / Finance Director FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Approve AuditingServices Contract!HLB Tautges Redpath DATE: August 8, 2007 INTRODUCTION The City is required to have an independent audit conducted annually, The contract for auditing services with the City's current auditing fInn. HLB Tautges Redpath, expired, as the audit work was complete for the year- end, December 31, 2006. DISCUSSION Administration and Finance are recommending that the City renew the contract with HLB Tautges Redpath. The City has had an excellent working relationship with this fInn, and has been very please with the quality of the fInn's auditing services, HLB Tautges Redpath has been instrumental in assisting the City in achieving the GFOA Excellence in Financial Reporting Award and the fees proposed are consistent with past year's audits. BUDGET IMPACT The fees will be $31,000, $32,500 and $34,000 for the years ending December 31, 2007, 2008, and 2009, respectively plus out of pocket costs, The proposed 2008 Budget provides for these fees. ACTION REOUESTED The Andover City Council is requested to approve the attached Auditing Services Contract with HLB Tautges Redpath. Respectfully submitted, ?;t?3~ Lee Brezinka Attachment o fill Tautges Redpath, Ltd. Certified Public Accountants and Consultants July 24, 2007 City of Andover 1685 Crosstown Boulevard NW Andover, MN 55304 We are pleased to confirm our understanding of the services we are to provide the City of Andover, Minnesota for the years ending December 31,2007,2008 and 2009, The scope of services includes the following: o . We will audit the financial statements of the governmental activities, the business- type activities, each major fund, and the aggregate remaining fund information, which collectively comprise the basic financial statements of the. City of Andover, Minnesota as of and for the year ending December 31,2007. Accounting standards generally accepted in the United States provide for certain required supplementary information (RSI), such as management's discussion and analysis (MD&A), to accompany the City of Andover, Minnesota's basic financial statements. As part of our engagement, we will apply certain limited procedures to the City of Andover, Minnesota's RSI. These limited procedures will consist principally of inquiries of management regarding the methods of measurement and presentation, which management is responsible for affirming to us in its representation letter. Unless we encounter problems with the presentation of the RSI or with procedures relating to it, we will disclaim an opinion on it. The following RSI is required by generally accepted accounting principles and will be subjected to certain limited procedures, but will not be audited: o Management's discussion and analysis o Budgetary comparison schedules presented as RSI o Modified approach information presented as RSI Supplementary information other than RSI, such as combining and individual fund financial statements, also accompanies the City of Andover, Minnesota's basic financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the basic financial statements and will provide an opinion on it in relation to the basic financial statements: o 1. Combining and Individual Fund Statements and Schedules 2, Supplementary Financial information 4810 White Bear Parkway White Bear Lake. Minnesota 55110.1 651 4267000 651 426 5004 Fax I www.hlbtr.com HlB Tautges Redpath. Ltd. is a member of 11III International. a world-wide organization of accounting firms and business advisors. o o o C\1Qt:.QA 1 City of Andover Contract for Auditing Services Page 2 The following additional information accompanying the basic financial statements will not be subjected to the auditing procedures applied in our audit of the financial statements, and for which our auditor's report will disclaim an opinion: o Introductory section o Statistical section . State Legal Compliance Audit . Preparation of separate Management Letter. Audit Obiectives The objective of our audit is the expression of opinions as to whether your basic financial statements are fairly presented, in all material respects, in conformity with U,S, generally accepted accounting principles and to report on the fairness of the additional information referred to in the first paragraph when considered in relation to the basic financial statements taken as a whole, Our audit will be conducted in accordance with U,S, generally accepted auditing standards, the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, and the minimum procedures for auditors as prescribed by MS 6.65, and will include tests of the accounting records of the City of Andover, Minnesota and other procedures we consider necessary to enable us to express such opinions. If our opinions on the financial statements are other than unqualified, we will fully discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit, or are unable to form or have no~ formed opinions, we may decline to express opinions or to issue a report as a result of this engagement. We will also provide a report (that does not include an opinion) on internal control related to the financial statements and compliance with the provisions of applicable laws, . regulations, contracts, agreements and grants, noncompliance with which could have a material effect on the financial statements as required by Government Auditing Standards, The report on internal control and compliance will include a statement that the report is intended solely for the information and use of the City Council and management and is not intended to be and should not be used by anyone other than these specified parties, If during our audit we become aware that the City of Andover, Minnesota is subject to an audit requirement that is not encompassed in the terms of this engagement, we will communicate to management and those charged with governance that an audit in accordance with U.S, generally accepted auditing standards and the standards for financial audits contained in Government Auditing Standards may not satisfy the relevant legal, regulatory, or contractual requirements. o o o 91R6R41 City of Andover Contract for Auditing Services Page 3 ManaQement Responsibilities Management is responsible for establishing and maintaining internal controls, including monitoring ongoing activities; for the selection and application of accounting principles; for the fair presentation in the financial statements of the respective financial position of the governmental activities, the business-type activities, the aggregate discretely presented component units (if any), each major fund, and the aggregate remaining fund information of the City of Andover, Minnesota and the respective changes in financial position and, where applicable, cash flows in conformity with U.S. generally accepted accounting principles. Management is responsible for the basic financial statements and all accompanying information as well as all representations contained therein, Management is responsible for making all financial records and related information available to us and for the accuracy and completeness of that information, Management's responsibilities include adjusting the financial statements to correct material misstatements and for confirming to us in the representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole, You are responSIble for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the government involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, grantors, regulators, or others, In addition, you are responsible for identifying and ensuring that the entity complies with applicable laws, regulations, contracts, agreements, and grants and for taking timely and appropriate steps to remedy any fraud, illegal acts, violations of contracts or grant agreements, or abuse that we may report. With regard to the electronic dissemination of audited financial statements, including financial statements published electronically on your website, you understand that electronic sites are a means to distribute information and, therefore, we are not required to read the information contained in these sites or to consider the consistency of other information in the electronic site with the original document. You are responsible for management decisions and functions. As part of our audit, we may propose standard, adjusting, or correcting journal entries to your financial statements, You are responsible for reviewing the entries and understanding the nature of all proposed entries and the impact they have on the financial statements, c o o 91868401 City of Andover Contract for Auditing Services Page 4 Management is responsible for establishment and maintenance of a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying for us previous audits or other engagements or studies related to the objectives discussed in the Audit Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits or other engagements or studies. You are also responsible for providing management'sviews on our current findings, conclusions, and recommendations, as well as your planned corrective actions, and the timing and format related thereto, Audit Procedures - General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the entity or to acts by management or employees acting on behalf of the entity, Because the determination of abuse is subjective, Government Auditing Standards do not expect auditors to provide reasonable assurance of detecting abuse, Because an audit is designed to provide reasonable, but not absolute assurance and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements may exist and not be detected by us. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. However, we will inform you of any material errors and any fraudulent financial reporting or misappropriation of assets that comes to our attention. We will also inform you of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential, Our responsibility as auditors is limited to the period covered by our audit and does not extend to later periods for which we are not engaged as auditors, Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry, At the conclusion of our audit, we will also require certain written representations from you about the financial statements and related matters, o o o City of Andover Contract for Auditing Services Page 5 Audit Procedures - Internal Controls Our audit will include obtaining an understanding of the entity and its environment, including internal control, sufficient to assess the risks of material misstatement of the financial statements and to design the nature, timing, and extent of further audit procedures, Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Govemment Auditing Standards, An audit is not designed to provide assurance on internal control or to identify significant deficiencies. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under professional standards and Govemment Auditing Standards, Audit Procedures - Compliance As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the City of Andover, Minnesota's compliance with the provisions of applicable laws, regulations, contracts, agreements and grants, However, the objective of our audit will not be to provide an opinion on overall compliance, and we will not express such an opinion in our report on compliance issued pursuant to Govemment Auditing Standards, The Minnesota Legal Compliance Audit Guide for Local Government requires that we test whether the auditee has complied with certain provisions of Minnesota Statutes. Our audit will include such tests of the accounting records and other procedures as we consider necessary in the circumstances, Audit Administration. Fees and Other We understand that your employees will prepare all cash or other confirmations we request and will locate any documents selected by us for testing. We will provide copies of our reports to the City of Andover, Minnesota; however, management is responsible for distribution of the reports and the financial statements, Unless restricted by law or regulation, or containing privileged and confidential information, copies of our reports are to be made available for public inspection. o o o Q1S!:hRA 1 City of Andover Contract for Auditing Services Page 6 The audit documentation for this engagement is the property of HLB Tautges Redpath, Ltd, and constitutes confidential information. However, pursuant to authority given by law or regulation, we may be requested to make certain audit documentation available to certain regulators or grantor agencies for purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities, We will notify you of any such request. IT requested, access to such audit documentation will be provided under the supervision of HLB Tautges Redpath, Ltd, personnel. Furthermore, upon request, we may provide copies of. selected audit documentation to the aforementioned parties. These parties may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies. The audit documentation for this engagement will be retained for a minimum of five years after the report release date or for any additional period requested by the grantor agency(ies), IT we are aware that a federal awarding agency or auditee is contesting an audit finding, we will contact the party(ies) contesting the audit finding for guidance prior to destroying the audit documentationo Our fee for these services will be at our standard governmental hourly rate plus out-of- pocket costs (such as report reproduction, word processing, postage, travel, copies, telephone, etc,) except that we agree that our gross fee, including expenses, will not exceed $31,000 for 2007; $32,500 for 2008 and $34,000 for 2009: The fees for 2008 and 2009 assume no significant changes in accounting or auditing standards, Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation, IT we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed upon written notification of termination, even if we have not completed our report. You will be obligated to compensate us for all time expended and to reimburse us for all out-of-pocket costs through the date of termination. The above fee is based on anticipated cooperation from your personnel, completion of workpapers per the City to Prepare list by your personnel, completed and internally reviewed CAFR available on the first day of final fieldwork and the assumption that unexpected circumstances will not be encountered during the audit. IT significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. o City of Andover Contract for Auditing Services Page 7 Government Auditing Standards requires that we provide you with a copy of our most recent external peer review report and any letter of comment, and any subsequent peer review reports or letters of comment received during the period of contract. Our 2004 peer review report accompanies this letter as Appendix A. We are pleased to report that we did not receive a letter of comment. We appreciate the opportunity to be of service to the City of Andover, Minnesota and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know, If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us, Very truly yours, HLB TAUTGES REDPATH, LTD, o t~~ Peggy A. Moeller, CPA Response This letter correctly sets forth the understanding of the City of Andover, Minnesota: By: By: C\> lJ.W\t,",b~r.Jor ~ . ~ - 0, Title: {\'\"~Jo(" Date: q, ~ '6 - 0, Date: o o Appendix A Page 1 Member: _SOdllyof Crl1lli<d PlIllOC"'""""",,, Henry A. Liem p.e. Member: Pftvate CDmpames Praala Seam tJMskm of Firms Amtrkill1'J ltl:li!l1:tufC M: (ert,~ PublJt.A<<OOnwtt:> To the Shareholders HLB Tautges., Redpath, Ltd, o We have reviewed the system of quality control for the accounting and audit practice of HLB Tautges, Redpath, Ltd. (the firm) in effect for the year ended September 30, 2004, A system of quality control encompasses the finn's organizational strocture. the policies adopted and procedures established tQ provide it with reasonable assurance of colifonning with professional standards, The elements of quality control are described in the Statemenls on Quality Control Standards issued by the American Institute of CP As (AICPA), The' firm is responsible for' designing a system of quality contiol and complying with it to provide the firm reasonable assurance of conforming with professional standards in all material respects. Our responsibility is to express an opinion , on the design of the system of quality control and the finn's compliance wi1h its system of quality control based on our review. Our review was conducted in accordance with standards established by the Peer Review Board of the AICP A. During our revieW, we read required representations from the firm, interviewed firm personnel and obtained an understanding of the nature of 1hefirm's accounting and auditing practice, and the design of the finn's system of quality control sufficient to assess 0 the risks implicit in its practice. Based on our assessments, we selected engagements and administrative files to test for conformity with professional standmb md compliance with th~ firm's sy:>wm of quality CQIltro~ Th,e ~~lU$ selected represented a reasonable cross-section of the finn's accounting and auditing practice with emphasis on higher-risk engagements. The engagements selected included among others, audits of Employee Benefit Plans and engagements performed under Government Auditing Standards. Prior to concluding the review, we reassessed the adequacy of the scope of the peer review procedures and met with firm management to discuss the results of our review, We believe that the procedures we performed provide a reasonable basis for our opinion. o In performing our review"we obtained an understanding of the system of quality control for the firm's accounting and auditing practice, In addition, we tested compliance with the finn's quality control policies and procedures to the extent we considered appropriate. . These tests covered the application of the firm's policies and procedures on selected engagements. Out review was based on sel<<?ted tests therefore it would not necessarily detect all weaknesses in 1he system of quality control or all instances of noncompliance with:it There are :inherent limitations in the effectiveness of any system of quality control and therefore noncompliance with thi: system of quality control may occur and . not be detected. Projection of any evaluation of a system of quality control to future Certllied Public Acrountants 44SS East Camelbad< Rood Suite E290 PhoenI",Mzona 85ln8 Telephone (002} 667-6040 Fox (602) 6167.6039 o Appendix A Page 2 HLS Tautges, Redpath, Ltdo Page Two periods is subject to the risk that the system of quality control may become inadequate because of changes in conditions, or because the degree of compliance with the policies or procedures may deteriorate, In our opinion. the system. of quality control for the accounting and audit practice ofHLS Tautges, Redpath, Ltd. in effect for the year ended September 30, 2004, has been designed to meet the requirements of the quality control standards for an accounting and auditing practice established by the AICP A and was compiled with during the year then ended to provide the firm with reasonable assurance of conforming with professional standards. /~Cf~~~r.C.. ,0 Phoenix, Arizona January 21,2005 o o o o ClD CITY OF NDOVE 1685 CROSSTOWN BOULEVARD NoWo . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWWoCI.ANDOVERoMNoUS To: Mayor and Councilmembers '- CC: James Dickinson, City Administrator FROM: Dana Peitso, Human Resources Manag SUBJECT: Approve Market Rate and Reorganization Adjustments DATE: August 8, 2007 INTRODUCTION The 2007 budget provides for Market Rate adjustments to be made to personnel budgets, As part of the research, internal and external equity comparisons were done of all salaries, union and non-union, For the external comparisons, cities of comparable size and location were used using the League of Minnesota Cities 2007 Salary Surveyo Also, with the upcoming retirement of Public Works Superintendent, Frank Stone, August 31 st, Administration is recommending a reorganization which is a consolidation of the Engineering and Public Works Departments. DISCUSSION Market Rate Study The positions proposed for market rate adjustments after research are the Fire Marshal, Community Development Director and Recreational Facility Manager. All of the details regarding each change are available from the Administration/Human Resources Department. The proposed salary increases to each position reflect an approximately 2-5% increase over current salary and salary range modifications proposed to maintain future market comparability, l'tllp'os,ed , . Aill!<ioo1, . 70838 52,479 54,331 56,183 58,036 59,888 61,740** 60,522 64,827 64,648 66,712 68,715 70,838 Ste Ste Ste Ste Ste Ste Pro osed ** Current Employee rate 0 Community Dev Dir Current Proposed Jan 2007 AU2 2007 Maximums 89 379 97417 1 73,403 82,804 2 75,994 85,727 3 78,585 88,649 4 81,176 91,572 Pro osed 5 83,766 94,494 6 86,357 97,417 7 89,379 ** o Rec Fac Mgr Current Proposed Jan 2007 AU2 2007. Maximums $ 65 796 $ 73 233 Step 1 55,927 62,299 Step 2 57,900 64,498 Step 3 59,874 66,697 Step 4 61,848 68,895 Proposed Step 5 63,822 71,094 Step 6 65,796** 73,233 Public W orkslEngineering Consolidation Administration is proposing the consolidation of the Public Works and Engineer Departments, creating a. single Public Works Department, similar to many other metro cities, Three positions are proposed for salary adjustments, Director of Public Works/City Engineer (formerly City Engineer), Assistant City Engineer (formerly Civil Engineer) and Assistant Public Works Director (formerly Assistant City Engineer/Park Coordinator). The proposed salary increases to each position reflect a 5% increase over current salary and the salary range modifications proposed to maintain market comparability, The current Public Works Superintendent position will remain vacant and not be funded through the 2008 budget. The consolidation will be reviewed and monitored over the next year to determine if adequate staffing is in place, DirofPW/Eng Maximums Current o 1 2 3 4 5 6 77,626 80,366 83,106 85,846 88,585 91,325** 89,066 92,209 95,353 98,496 101,640 104,783 Pro osed ** Current Employee rate o o o Asst City Eng Current Proposed Jan 2007 AUI! 2007 Maximums $ 65 796 $ 85.667 Step 1 63,465 72,817 Step 2 65,705 75,387 Proposed Step 3 67,945 77,957 Step 4 70,185 80,527 Step 5 72,425 ** 83,097 Step 6 74,665 85,667 Asst PW nir Current Proposed Jan 2007 AUI! 2007 Maximums $ 65 796 $- 85 667 Step 1 63,465 72,817 Step 2 65,705 75,387 Step 3 67,945 77,957 Proposed Step 4 70,185 80,527 Step 5 72,425 83,097 Step 6 . 74,665 ** 85,667 BUDGET IMPACT The total cost of the proposed salary rate increases is provided for in the 2007 budget through market rate budget and vacant position salary, The adjustments will also be reflected in the 2008 personnel budget. There will not be a market rate adjustment budget request in the 2008 budget. ACTION REOUESTED Council is requested to approve the 2007 Employee Rate Adjustments and consolidation of the Engineering and Public Works Departments effective August 1,2007, Respectfully submitted, JJ~t- ~ Dana Peitso ** Current Employee rate o o o 0) 1685 CROSSTOWN BOULEVARD NoWo . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWWoCI.ANDOVER.MNoUS TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrato FROM: Dana Peitso, Human Resources Manager SUBJECT: Approve Dental Renewal and Employer Contribution DATE: August 08, 2007 INTRODUCTION The current City of Andover sponsored employee dental policy contract term expires August 31, 2007, The Human Resources Department has worked with the City's broker Johnson McCann to seek either a . contract renewal with the current providers or marketing to other insurance providers to provide a quality, yet affordable employee dental insurance plan, The resulting recommendation is provided below, DISCUSSION The employee dental plan proposed is with Delta Dental designed to offer comprehensive benefits within a competitive cost framework. Renewal rates are as listed: Current Renewal Rate Rate (4 % increase) Single 32,55 $33,85 Single + 1 69,50 $72,30 Family 98,95 $102,90 Based on the renewal, Human Resources is recommending that the City Council continue covering 100% of a single dental premium and increase the City's contribution to $34,00 per month employer contribution to a family premium, BUDGET IMPACT The proposed mid year 2007 employer contribution increases, based on current group make up would yield an $240.00 increase in costs through December 31, 2007, The funding for the increase would be provided for by 2007 contingency budgets, Appropriate modifications for the increased contributions will be factored into the proposed 2008 budget. ACTION REQUIRED The Andover City Council is requested to approve the Delta Dental insurance proposal. The Council is requested to approve the employer contribution increase by covering 100% of a single dental premium and increase the City's contribution to $34,00 per month employer contribution to a family premium Respectfully submitted, /c4hL~eA Dana Peitso o o o @ CITY OF NDOVE 1685 CROSSTOWN BOULEVARD N.Wo . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.A OVER.MNoUS TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator Will Neumeister, Community Developme Director IrJL Courtney Bednarz, City Plann~ FROM: SUBJECT: Approve Final Plat/Woodland Estates Third Addition -Planning DATE: August 8, 2007 INTRODUCTION The Council is asked to approve the final plat for Woodland Estates Third Addition, DISCUSSION The Council approved the preliminary plat at the July 3, 2007 meeting, The final plat is found to be in conformance with the approved preliminary plat. Abstract/Torrens Prollertv It should be noted that existing Outlot A and B have been found to be Torrens property, As a result the plat contains both Abstract and Torrens property, This causes the lots on the east side ofthe proposed street to appear divided where these two types of property classification meet. This will not affect the placement of homes on the properties, ACTION REOUESTED TheCouncil is asked to adopt the attached resolution approving the final plat with conditionso Attachments Resolution Location map Final Plat (full size plan in packet) Preliminary Plat Resolution liE Cc: Woodland Development 13632 VanBuren Street NE Ham Lake, MN 55304 o o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO R A RESOLUTION APPROVING THE FINAL PLAT OF "WOODLAND ESTATES THIRD ADDITION" FOR PROPERTY LEGALLY DESCRIBED AS: Outlots A, B and C WOODLAND ESTATES SECOND ADDITION, Anoka County, Minnesota AND That part of 151 sl Avenue NW as dedicated on the plat of WOODLAND ESTATES SECOND ADDITION, Anoka County, Minnesota, lying west of the following described line: Commencing at the northwest comer of Outlot A, WOODLAND ESTATES SECOND ADDITION, thtmce South 88 degrees 45 minutes 20 seconds East on an assumed bearing along the southerly line of 151s1 Avenue Northwest a distance of 10,23 feet to the point of beginning of the line to be described, thence North 01 degrees 14 minutes 40 seconds East a distance of60,OO feet to the northerly line of 151 sl Avenue Northwest and said line there terminating, WHEREAS, the City Council has approved the preliminary plat of the project to be known as "Woodland Estates Third Addition"; and WHEREAS, the property owners have presented a final plat of Woodland Estates Third Addition; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Woodland Estates Third Addition contingent upon the following: 1, The plat shall conform to the final plat stamped received by the City of Andover July 25, 2007 and shall be subject to all ofthe conditions of Preliminary Plat Resolution R098-07, 2, Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines, 3, Such plat approval is contingent upon a development agreement acceptable to the City Attorney, A financial guarantee is required as a part ofthis agreement to assure all ofthe subdivision improvements will be completed, Adopted by the City Council of the City of Andover this _ th day of August, 2007, CITY OF ANDOVER ATTEST: Victoria V olk, City Clerk Michael R. 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I . . . 1 ! 1 d ~ ' a 1 i i 1. 11~ -0. :hli -is 1-. at' i.! ~;j i" ~H I', III!,!! i.- a;! . ~ II . II il ~ ; <> 1 i! w l~ ~~ >- i; !I. >- ,- .( f!! . ~ -" " j :!i~~ 00 .~ ;!is :!,3 i ~.z .. ~ij '~l " !~ E ~; SU I' ! ~~l .t . !~~ ~d . . 0') CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R098-07 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "WOODLAND ESTATES THIRD ADDITION" FOR WOODLAND DEVELOPMENT ON PROPERTY LOCATED IN SECTION 21, TOWNSIDP 32 RANGE 24 LEGALLY DESCRIBED AS: Outlots A,B and C Woodland Estates Second Addition, Anoka County, Minnesota WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, pursuant to published and mailed notice thereof, the Planning Commission has conducted a public hearing on said plat, and; WHEREAS, the applicant has requested a variance to City Code ll-3-3G to exceed the 500 foot maximum cul-de-sac length, and; 0) WHEREAS, the Planning Commission recommends approval of the variance based on finding that a sketch plan has been prepared to illustrate how the road will be extended in the future to provide a second access and the applicant will be the developer of the adjacent property to ensure that this occurs, and; WHEREAS, as a result of such public hearing, the Planning Commission recommends to the City Council the approval of the plat, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning Commission and approves the preliminary plat subject to the following conditions: 0) 1. Contingent upon the approval of the Rezoning of the property to R-4 Single Family Urban Residential. If this request fails to be approved, the preliminary plat shall be considered null and void. 2. The Preliminary Plat shall conform to the plan set stamped received by the City of Andover June 22, 2007 except as follows: a. The applicant shall explore opportunities to widen Lot 1, Block 2 and modify the irregular shape of Lot 1, Block 1 and present the results of this effort to the City Council at the time of final plat. 3. A variance is granted to City Code 11-3-3 G. to allow the proposed street to extend further than 500 feet before terminating in a dead end. 4. Outlot A shall be combined with the adjacent property to the north at the time the plat is recorded. 5. The plat will not be released by the city for recording with Anoka County until after December 8, 2007. 6. The vacation of easement and right-of-way shall be recorded at Anoka County with and not before the final plat of Woodland Estates Third Addition. -~~ 0'1 0) 01 7. The developer obtains all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA, and any other agency that may be interested in the site. 8. Park dedication and trail fees shall be collected for each unit based on the rate in effect at the time of preliminary plat approval. 9. The developer shall be responsible for the cost of construction of all improvements proposed as a part of the preliminary plat. 10. A temporary easement shall be provided for the temporary cul-de-sac. The easement document shall be written to expire at the time the roadway is extended. II. Such plat approval is contingent upon a development agreement acceptable to the City Attorney. A financial guarantee will be required as a part of this agreement to assure all of the subdivision improvements will be completed. 12. The developer shall work with the city to adjust the retaining wall on Lots 1-5, Block 2 to save trees. Adopted by the City Council of the City of Andover this 3rd day of July, 2007. ATTEST: em._ . -~ Kenneth D. Orttel, Acting Mayor f1:;t-~ a/h Victoria V olk, City Clerk -6- o o o 1685 CROSSTOWN BOULEVARD N,W. . ANDOVER, MINNESOTA 55304 . ,(763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and City Council CC: Jim Dickinson, City Administrator FROM: Vicki V olk, City Clerk SUBJECT: Adopt Amendment to City Code 3-5-4-A7, 3-5-11B, 1-7-2C/ Solicitors and Canvassers DATE: August 8,2007 INTRODUCTION Because of the number of solicitors and canvassers wanting to go door-to-door in the city, staff feels some changes are needed to the City Code. DISCUSSION An investigation fee of$25.00 per individual is recommended. All of the solicitors and canvassers are checked by the Sheriff s Office for outstanding warrants. One of the requirements in the code is peddlers, solicitors, etc. provide us with a 2"x2" photo. We recommend this be stricken from the code as we now use a badge for each person going door-to-door and there is no room on the badge for a picture. ACTION REOUIRED Council is requested to adopt the attached amendment to the City Code. Respectfully submitted, eLL' U~ Vicki V olk City Clerk ~ V o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CITY CODE TITLE 1-7-3,3-5-4 A.7 AND 3-5-11 B. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: The City Code is hereby amended as follows: Administration: Canvasser/Solicitor License: NIG Investigation Fee $25.00 per individual 3-5-4: APPLICATION FOR LICENSE AND REGISTRATION: PROCEDURES FOR APPROVAL OR DENIAL: o 7. f. photograflh efthe applieaat, taken vfithiB sixty (60) days immediately flrior to the date af filing of the awlieation, which picture shall be nv{) mehes by two inches (2" x 2") shm,viflg the head aad sholliders of the applicant iB a dear and distiflguishing manner. 3-5-11: REGISTRATION OF CANVASSERS AND SOLICITORS: B. Other Canvassers and Solicitors: Every solicitor and canvasser not included within Subsection A of this section shall register with the city before conducting business. Registration shall be made on the same form required for a license application. No license fee shall be required except the city mav charge an investigation fee that shall be established by City Code. Adopted by the City Council of the City of Andover this _ day of .2007. CITY OF ANDOVER Attest: o Michael R. Gamache - Mayor Victoria V olk, City Clerk o o o @ 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 City Council CC: Jim Dickinson, City Administrator FROM: Vicki V olk, City Clerk SUBJECT: Acquisition of Tax Forfeit Parcel/Lot 3, Block 1, Hamilton Square DATE: August 8, 2007 INTRODUCTION Lot 3, Block 1, Hamilton Square forfeited to the State of Minnesota on May 23, 2003. At that time the Council did not wish to withhold the parcel from the tax forfeit sale for purchase by the City. Again on July 18,2006 Council decided not to acquire the parcel. DISCUSSION Anoka County has contacted the city to see if we are interested in acquiring the parcel at this time as the city has a drainage easement over the parcel, the property has no other use and the City did approve the creation of the outlot as part of the Hamilton Square plat. ACTION REOUIRED Council is requested to acquire Lot 3, Block 1, Hamilton Square for $10.00 plus the cost of recording. Respectfully submitted, (XL' uva Vicki V olk City Clerk Attachment: Drawing of property ~ t\I , ----------. ~ ...... -- ,.--- a: @ - -\ o . . ) . ~ '''1 f5 I-..: ::s 0 ~ ..g.... . @~ r\l ..- q: ~:: q- ~ .. I:.. 0 ill 0 " ~ ~ J..,. ~ - !)J @) " ....... CI) ~ ~ ,. , \ ~, I - - .. @) ~ 'Z. o ~ ~ ~ Ii:; 19 Ii:; 8~~: ",""W-'" e,i'l:l I ~'" ~~..t ..~ -(Q : ~ :..: ~ 1 - i; ~ 4- -:. ..J _ ................ .,~..._:.~~.,..f~::::..._..K.".~.:~N=O-;;,S..~~- ........ '0"'8" ............-............. (SL 'ON )..V'MH;>IH '""ZI,;.':lflD 11111111 ClJ o 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and City Council CC: Jim Dickinson, City Administrator FROM: Vicki V olk, City Clerk SUBJECT: Approve Raffle PermitlDucks Unlimited DATE: August 8, 2007 INTRODUCTION Ducks Unlimited has submitted an application for a raffie at an event they are hosting on September 19, 2007 at the Courtyards of Andover. o DISCUSSION The City can either: a) approve the application with no waiting period; b) Approve the application with a 30 day waiting period; or c) deny the application. ACTION REOUIRED The City Council is requested to consider approving the raftle permit with no waiting period. Respectfully submitted, fJ.1. (j~ Vicki V olk City Clerk o @ 1/ o o o Minn sota Lawful Gambling LG220.Application for Exempt P Page 1 of 2 11/04 Fee $50 rmit For Board Use Only Fee Paid Check No. An exempt permit may be issued to nonprofit organizations conducting lawful gambling activity on five or fewer days, and awarding less than $50,000 in prizes during a calendar year. Organization Information Organization legal name Previous license or exemption number, if any County State and zip code Ih J~Nt ,'dJ, Daytime phone number -, f,~ -75''S"- t:t g'lo Last name K itJ 6 Type of nonprofit organization (check one) [1 Fraternal 0 Religious o Veteran ~ Other nonprofit organization Type of proof of nonprofit - attach a copy (see instructions) o Nonprofit Articles of Incorporation or Certificate of Good Standing - Minnesota Secretary of State's Office o Internal Revenue Service o Affiliate of parent nonprofit or!)anization (charter) Gambling Premises Information Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place) Rds Zip code County }I.~f<'A City ?>5~$"~; AtJdove ( Date(s) of activity (for raffles, indicate the date of the drawing) cr-1Cl- 07 Check the box or boxes that indicate the type of gambling activity your organization will be conducting: . 0 'Bingo ~ Raffles D 'Paddlewheels 0 'Pull-Tabs D *Tipboards 'Gambling equipmentfor pull-tabs, tipboards, paddlewheels, and bingo (bingo paper, hard cards, and bingo ball selection device) must be obtained from a distributor licensed by the Gambling Control Board. To find a licensed distributor, go to www.gcb.state.mn.usand click on List of Licensed Distributors. Or call 651-639-4000. This form win be made available in allerTiative format (Le.large print, Braille) upon request The information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your qualifications to be involved in lawful gambling activities in Minnesota. You have the right to refuse 10 supply the information requested; however, if you refuse to supply this information, the Board may not be able to determine your qualifications and, as a consequence, may refuse to issue you a permit. If you supply the information requested, the Board will be able to process your application. Your name and and your organization's name and address will be public information when received by the Board. AD the olherinfonnation that you provide will be private dala about you until the Board issues your permit When the Board issues your permit, all of the rnormation that you have provided to the Board in the process of applying foryour permit wi! become public. If the Board does not issue you a permit, all the information you have provided in the process of applying for a permit remains private, with the exception of your name and your organization's name and address which will remain public. Private data about you are available only to the following: Board members, staff of the Board whose work assignment requires that they have access to the information; the Minnesota Department of Public Safety; the MinnesotaAllorney General; the Minnesota Commissioners of Administration, Finance, and Revenue; the Minnesota Legislative Auditor, national. and international ga..mbling regulatory agenCIes; anyone pursuant to lXlurt order; other individuals and agencies that are specifically authorized by stateorfederallaw to have access to the information; individuals and agencies for which law or legal order authorizes a new use or sharing of information after this Notice was given; and anyone with your consent. / / / o o o LG220 Application for Exempt Permit '. ~ /J Organization Name 'b V C "" S U IV W m I f-ett' , local Unit of Government Acknowledgment If the gambling premises is within city limits, the city must sign this application. On behalf of the city, I acknowledge this application. Check the action that the city is taking on this application. O The city approves the application with no waiting period. O The city approves .the application with a 30 day waiting period, and allows the Board to issue a permit after 30 days (60 days for a first class city). o The city denies the application. Print name of city Signature of city personnel receiving application Title Date____L___---1_ Chief Executive Officer's SignatlJre The information provided in this application is com financial report will be completed and retumed 0 activity. ' Chief executive officer's signature TIVe. . Page 2 of2 11/04 If the gambling premises is located in a township, both the county and township must sign this application. On behalf of the county, I acknowledge this application, Check the action that the county is taking on'this application. O The county approves the application with no waiting period. o The county approves the application with a 30 day waiting period, and allows the Board to issue a permit after 30 days. o The county denies the application. Print name of county Signature of county personnel receiving application Title Date---------1---------1_ TOWNSHIP: On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within the township limits. [A township has no statutory authority to approve or deny an application (Minnesota Statute 349.213, subd. 2).] Print name of township Signature of township official acknowledging application Title Date---------1---------1_ e d accurate to the best of my knowledge. I acknowledge that the Gambling Control Board within 30 days of the date of our gambling '" Name (please print) Mail application and attachments Complete an application for each gambling activity: . one day of gambling activity . two or more consecutive days of gambling activity . each day a raffle drawing is held Date~/__L.L,~.J Send: . the completed application, . a copy of your proof of nonprofit status (see instructions), and . a $50 application fee. Make check payable to "Slate of Minnesota". To: Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 55113 o @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members CC: Jim Dickinson, City Administrator FROM: David D. Berkowitz, City Engineer SUBJECT: Hold Public Hearing/Adopt Assessment RoWWoodland Crossings (05-32), Shaw's Glen (05-24), Cardinal Ridge (05-20) & Adjacent Parcels - Engineering DATE: August 8, 2007 INTRODUCTION The City Council is requested to hold a public hearing and approve the resolution adopting the assessment roll for Woodland Crossings (05-32), Shaw's Glen (05-24), Cardinal Ridge (05-20) and approve resolution to defer the assessments to the adjacent parcels listed below. o -'''DISCUSSION The final improvement costs for the Woodland Crossings (05-32), Shaw's Glen (05-24), Cardinal Ridge (05-20) & Adjacent Parcels have been prepared. The assessment roll was received by the City Council on July 17th. The cost per development is as follows: Woodland Crossings (05-32) Shaw's Glen (05-24) Cardinal Ridge (05-20) *Lot 1, Block 1 Shaw's Glen (PIN 15-32-24-43-0075) *Putnam Property (PIN 15-32-24-43-0019) * Allen Property (PIN 15-32-24-43-0018) $1,262,821.73 ($34,130.32 per lot) $ 254,436.29 ($25,443.63 per lot) $ 917,371.17 ($26,981.51 per lot) $ 131,180.29 ($26,236.06 per potential developable lot) $ 324,315.24 ($27,026.27 per potential developable lot) $ 131,756.35 ($26,351.27 per potential developable lot) *The assessments to these properties are to be deferred until one of the following occurs: 1. Division of the parcel by metes and bounds description or platting; 2. Sale of the property; 3. Death of the last person who had an ownership interest in the property at the time of the resolution approving the deferral. o *Final construction assessment amount will be adjusted by the ENR Construction Cost Index from June 2007 to the time of actual development. City fees will be adjusted from June 2007 to the current City fees at the time of actual development. This will be detailed on the final assessment roll and identified in the resolution approving the assessments. o Mayor and Council Members August 8, 2007 Page 2 of2 Lot 1, Block 1 Shaw's Glen (Robert and Shelly Almeida) has petitioned and been accepted by the City Council to hook up to City sewer and water. With this petition one unit will be assessed. The assessment for the remaining four units that they have potential to development will be deferred as stated above and detailed in the resolution. Attached are the following: . Resolution adopting the assessment roll . Resolution deferring assessments for adjacent properties . Location Map . Notices sent to property owners and newspaper . Assessment worksheet and detailed calculations The City Attorney has reviewed the resolution for deferred assessments and is in agreement with the language. o BUDGET IMP ACT The development improvements shall be funded through General Obligation Bonds, which shall be paid back through assessments. A portion of the park and trail improvements relative to the developments will be funded by park dedication and the City's trail fund. ACTION REOUIRED The City Council is requested to hold the public hearing and approve the resolution adopting the assessment roll for Woodland Crossings (05-32), Shaw's Glen (05-24), Cardinal Ridge (05-20) and approve resolution to defer the assessments to the adjacent parcels as listed. Respectfully submitted, (f)~CJ.K..tJ David D. Berkowit~' - C- Attachments: Resol}ltion adopting assessment roll~esolution deferring assessmentKLocation ./ map(Notice sent to property owners,1.rotice sent to the newspape1""& Assessment.... worksheet o cc: Byron Westlund, Woodland Development Corp., 13632 VanBuren Street NE, Ham Lake, MN 55304 Megan Wald, Shade Tree Communities, 18530 Ulysses St., East Bethel, MN 55011 Ben Minks, Minks Custom Homes, 17024 Barium St. NW, Andover Scott Allen, 15873 Linnet St. NW, Andover Jerry Putnam, 1869 -15ih Lane NW, Andover Robert & Shelly Almeida, 1950 _157th Lane NW, Andover Paul Hornby, BRAA o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT NOS. 05-32 (WOODLAND CROSSINGS), 05- 24 (SHAW'S GLEN), 05-20 (CARDINAL RIDGE) & ADJACENT PARCELS. WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: o 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessments shall be payable in semi-annual installments, together with principal and accrued interest, extending over a period of 8 years. The first of the installments to be payable on or before the 15th day of April 2008, and shall bear interest at the rate of 5.5 percent per annum from the date of the adoption of the assessment resolution. 3. The owners, of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer. MOTION seconded by Councilmember City Council at a reQular meeting this 8th and adopted by the day of AUQust ,2007 ,with Council members voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER o ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA A RESOLUTIONDEFERRlNG ASSESSMENTS FOR V ARlOUS PROPERTIES ADJACENT TO SHAW'S GLEN, WOODLAND CROSSINGS AND CARDINAL RIDGE. The assessments for the properties described as PIN 15-32-24-43-0019, PIN 15-32-24- 43-0018 and,PIN 15-32-24-43-0075 are to be deferred until one of the following occurs: 1. Division of the parcel by metes and bounds description or platting; 2. Sale of the property; or 3. Death of the last person who had an ownership interest in the property at the time of the resolution approving the deferral. o , The final construction assessment amount will be adjusted by the ENR Construction Cost Index from June 2007 to the time of actual development. City Fees, including the Fox Hollow Lift Station fee, will be adjusted from June 2007 to the current city fees at the time of actual development. Adopted by the City Council of the City of Andover this 8th day of August. 2007. CITY OF ANDOVER Attest: Michael R Gamache - Mayor Victoria V olk - City Clerk o o . ,"'\ . I I. r 0 ISO 300 Scalolnfeot ......... I, \,~~ ,Q..~ . <\/ "" r~ Q~T f - ~ . 1\1. . l. ~ ''": \O~ ;) ~ r<' ^ '~~<> - C!:~G r;.t..: ,"< ~~,,\~y . ~~~ 1i)' J ~ ~Ol ).,~GS II 'v" , C'f .15 :>'~Sl '" ~ ~O I I \; )9 ""- ~ ~ G0 ~ J-.~ I I .~ ~ ~ (; sv.! x,... oc'Y. \1 p.'-ti ,\\ ~ ,..'0\ S :)'2 ~ . ( I\.-o~ 0 - i I I II \ atJ) D r n \3 o eSENEFITING PROPERTIES CI1Y OF ANDOVER FIGURE 2 Jl]f Bonestroo -=- Rosene . "Anderlik & ,\I, Assodates Engineers a Arr:h~ 17105002_F1G12 DATE: JAN 2006 COMM: 17105002 o CITY OF NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US July 18, 2007 Megan Wald Shade Tree Communities 18530 Ulysses St., East Bethel, MN 55011 Re: Woodland Crossings (05-32), Shaw's Glen (05-24), Cardinal Ridge (05-20) & Adjacent Parcels Dear Ms. Wald, o Enclosed please find the public hearing notice for the proposed assessment for the above referenced projects. The public hearing is scheduled for Wednesday, August 8, 2007 at 7:00 p.m. ' As you will note, the estimated assessment was $291.541.90 ($29.154.19 per unit) and the actual assessment amount will be $254.436.29 ($25.443.63 per unit). If you have any questions, feel free to contact me at (763) 767-5133. Sincerely, David D. Berkowitz, P.E. City Engineer ~<J. DDB:rja Ene\. o H:\Engineering\City Projecls\Open City Projects\05-32 Woodland Crossings\Word Documenls\Correspondance\assess hearing 05- 32 05-24 05-20.DOC o o 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA PROJECT NOS. WOODLAND CROSSINGS (05-32), SHAW'S GLEN (05-24), CARDINAL RIDGE (05-20) & ADJACENT PROPERTIES NOTICE IS HEREBY GIVEN that the City Council of the City of Andover, Anoka County, Minnesota will meet at the Andover City Hall, 1685 Crosstown Boulevard NW in the City of Andover, on Wednesday, August 8, 2007 at 7:00 PM to pass upon the proposed assessment for the improvement of Sanitarv Sewer. Water Main. Streets & Storm Sewer construction in the following described areas: Project Nos. Woodland Crossings (05-32), Shaw's Glen (05-24), Cardinal Ridge (05-20) & Adjacent Properties The amount to be specially assessed against your particular lot, or parcel of land is $254.436.29 ($25.443.63 per unit). Such assessments shall be payable in semi-annual installments. together with prinCipal and accrued interest, extending over a period of ~ years. The first of the installments to be payable on or before the 15th day of April 2008, and shall bear interest at the rate of 5.5 percent per annum from the date of the adoption of the assessment resolution. The owners of any property so assessed may at any time pay the whole of the assessment on such property with interest accrued to the date of payment to the City Treasurer. The proposed assessment roll is on file for public inspection at the City Clerk's Office. The total amount of the proposed assessment is $254.436.29 ($25,443.63 per unit). Written and oral objections will be considered at the meeting. No appeal may be taken as to the amount unless a signed, written objection is filed with the Clerk prior to the hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. o BY ORDER OF THE CITY COUNCIL, Victoria Volk - City Clerk H:\Engineering\City Projects\Open City Projects\05-32 Woodland Crossings\Word Documents\Correspondance\assess hearing 05- 32 05-24 05-20.DOC o o o CITY OF NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US July 18, 2007 Byron Westlund Woodland Development Corp. 13632 VanBuren Street NE Ham Lake, MN 55304 Re: Woodland Crossings (05-32), Shaw's Glen (05-24), Cardinal Ridge (05-20) & Adjacent Parcels Dear Mr. Westlund, Enclosed please find the public hearing notice for the proposed assessment for the above referenced projects. The public hearing is scheduled for Wednesday, August 8, 2007 at 7:00 p.m. As you will note, the estimated assessment was $1.425.774.66 ($39.604.85 oer unit) and the actual assessment amount will be $1.262.821.73 ($34,130.32 oer unit). If you have any questions, feel free to contact me at (763) 767-5133. Sincerely, ~. David D. Berkowitz, P.E. City Engineer DDB:rja Ene!. H:\Engineering\City Projects\Open City Projects\05-32 Woodland Crossings\Word Documents\Correspondance\assess hearing 05- 32 05-24 05-20.DOC o o o 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA PROJECT NOS. WOODLAND CROSSINGS (05-32), SHAW'S GLEN (05-24), CARDINAL RIDGE (05-20) & ADJACENT PROPERTIES NOTICE IS HEREBY GIVEN that the City Council of the City of Andover, Anoka County, Minnesota will meet at the Andover City Hall, 1685 Crosstown Boulevard NW in the City of Andover, on Wednesday, August 8, 2007 at 7:00 PM to pass upon the proposed assessment for the improvement of Sanitarv Sewer. Water Main. Streets & Storm Sewer construction in the following described areas: Project Nos. Woodland Crossings (05-32), Shaw's Glen (05-24), Cardinal Ridge (05-20) & Adjacent Properties The amount to be specially assessed against your particular lot, or parcel of land is $1.262.821.73 ($34.130.32 oer unit). Such assessments shall be payable in semi- annual installments, together with principal and accrued interest, extending over a period of ~ years. The first of the installments to be payable on or before the 15th day of April 2008, and shall bear interest at the rate of 5.5 percent per annum from the date of the adoption of the assessment resolution. The owners of any property so assessed may at any time pay the whole of the assessment on such property with interest accrued to the date of payment to the City Treasurer. The proposed assessment roll is on file for public inspection at the City Clerk's Office. The total amount of the proposed assessment is ,$1.262.821.73 ($34.130.32 oer unit). ' Written and oral objections will be considered at the meeting. No appeal may b taken as to the amount unless a signed, written objection is filed with the Clerk prior to the hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. BY ORDER OF THE CITY COUNCIL Victoria Volk - City Clerk H:IEngineeringlCity ProjectslOpen City Projectsl05-32 Woodland CrossingslWord DocumentslCorrespondancelassess hearing 05- 32 05-24 05-20.DOC o o o 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US July 18,2007 Jerry Putnam 1869 - 157th Lane NW Andover, MN 55304 Re: Woodland Crossings (05-32), Shaw's Glen (05-24), Cardinal Ridge (05-20) & Adjacent Parcels Dear Mr. Putnam, Enclosed please find the public hearing notice for the proposed assessment for the above referenced projects. The public hearing is scheduled for Wednesday, August 8, 2007 at 7:00 p.m. As you will note, the estimated assessment was $357.268.39 ($29.772.37 oer ootential develooable unit) and the actual assessment amount will be $324.315.24 ($27.026.27 oer ootential develooable unit). Your assessment is proposed and recommended to be deferred. The City Council will make that decision at the public hearing. If you have any questions, feel free to contact me at (763) 767-5133. Sincerely, ' ~Q. David D. Berkowitz, P.E. City Engineer DDB:~a Encl. H:IEngineeringlCity ProjectslOpen City Projectsl05-32 Woodland CrossingslWord DocumentslCorrespondancelassess hearing 05- 32 05-24 05-20.DOC o o o 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA PROJECT NOS. WOODLAND CROSSINGS (05-32), SHAW'S GLEN (05-24), CARDINAL RIDGE (05-20) & ADJACENT PROPERTIES NOTICE IS HEREBY GIVEN that the City Council of the City of Andover, Anoka County, Minnesota will meet at the Andover City Hall, 1685 Crosstown Boulevard NW in the City of Andover, on Wednesday, August 8, 2007 at 7:00 PM to pass upon the proposed assessment for the improvement of Sanitary Sewer, Water Main. Streets & Storm Sewer construction in the following described areas: Project Nos. Woodland Crossings (05-32), Shaw's Glen (05-24), Cardinal Ridge (05-20) & Adjacent Properties The amount to be specially assessed against your particular lot, or parcel of land is $324.315.24 ($27,026.27 per potential developable unit). Such assessments shall be payable in semi-annual installments, together with principal and accrued interest, extending over a period of -L years. The first of the installments to be payable on or before the 15th day of April 2008, and shall bear interest at the rate of 5.5 percent per annum from the date of the adoption of the assessment resolution. The owners of any property so assessed may at any time pay the whole of the assessment on such property with interest accrued to the date of payment to the City Treasurer. The proposed assessment roll is on file for public inspection at the City Clerk's Office. The total amount of the proposed assessment is $324.315.24 ($27.026.27 per potential developable unit). Written and oral objections will be considered at the meeting. No appeal may be taken as to the amount unless a signed, written objection is filed with the Clerk prior to the hearing or presented to the presiding officer at the hearing. The Council may' upon such notice consider any objection to the amount' of a proposed individual assessment at an adjoumed meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. BY ORDER OF THE CITY COUNCIL Victoria Volk - City Clerk H:\Engineering\City Projects\Open City Projects\05-32 Woodland Crossings\Word Documents\Correspondance\assess hearing 05- 32 05-24 05-20.DOC o o o 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US July 18,2007 Robert & Shelly Almeida 1950 - 157th Lane NW Andover, MN 55304 Re: Woodland Crossings (05-32), Shaw's Glen (05-24), Cardinal Ridge (05-20) & Adjacent Parcels Dear Mr. & Mrs. Almeida, Enclosed please find the public hearing notice for the proposed assessment for the above referenced projects. The public hearing is scheduled for Wednesday, August 8, 2007 at 7:00 p.m. As you will note, the estimated assessment was $165.134.59 ($133.026.92 oer ootential develooable unit) and the actual assessment amount will be $$131.756.35 ($26.351.27 oer ootential develooable unit). One unit is proposed and recommended to be assessed at this time. The remaining assessment amount is proposed and recommended to be deferred. The City Council will make that decision at the public hearing. If you have any questions, feel free to contact me at (763) 767-5133. Sincerely, ~CJ. David D. Berkowitz, P.E. City Engineer DDB:rja H:\Engineering\City Projects\Open City Projeets\05-32 Woodland Crossings\Word Documents\Correspondance\assess hearing 05- 32 05-24 05-20.DOC o C I T "I' 0 F NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100. FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA PROJECT NOS. WOODLAND CROSSINGS (05-32), SHAW'S GLEN (05-24), CARDINAL RIDGE (05-20) & ADJACENT PROPERTIES NOTICE IS HEREBY GIVEN that the City Council of the City of Andover, Anoka County, Minnesota will meet at the Andover City Hall, 1685 Crosstown Boulevard NW in the City of Andover, on Wednesday, August 8, 2007 at 7:00 PM to pass upon the proposed assessment for the improvement of Sanitary Sewer. Water Main. Streets & Storm Sewer construction in the following described areas: Project Nos. Woodland Crossings (05-32), Shaw's Glen (05-24), Cardinal Ridge (05-20) & Adjacent Properties The amount to be specially assessed against your particular lot, or parcel of land is $131.756.35 ($26.351.27 oer ootential develooable unit). Such assessments shall be payable in semi-annual installments, together with principal and accrued interest, extending over a period of -L years. The first of the installments to be payable on or before the 15th day of April 2008, and shall bear interest at the rate of 5.5 percent per annum from the date of the adoption of the assessment resolution. The owners of any property so assessed may at any time pay the whole of the assessment on such property with interest accrued to the date of payment to the City Treasurer. The proposed assessment roll is on file for public inspection at the City Clerk's Office. The total amount of the proposed assessment is ~131. 756.35 ($26.351.27 oer ootential develooable unitt Written and oral objections will be considered at the meeting. No appeal may be taken as to the amount unless a signed, written objection is filed with the Clerk prior to the hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider any objection to the amount of a proposed individual assessment a,t an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the o District Court within ten days after service upon the Mayor or Clerk. BY ORDER OF THE CITY COUNCIL Victoria Volk - City Clerk H:\Engineering\City Projecls\Open City Projects\05-32 Woodland Crossings\Word Documents\Correspondance\assess hearing 05- 32 05-2405-20.DOC o o o C I T Y 0 F NDOVE 1685 CROSSTOWN BOULEVARD N,W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US July 18, 2007 Scott Allen 15873 Linnet St. NW Andover, MN 55304 Re: Woodland Crossings (05-32), Shaw's Glen (05-24), Cardinal Ridge (05-20) & Adjacent Parcels Dear Mr. Allen, Enclosed please find the public hearing notice for the proposed assessment for the a~ove referenced projects. The public hearing is scheduled for Wednesday, August 8, 2007 at 7:00 p.m. As you will note, the estimated assessment was $144.890.88 ($28.978.18 per potential developable unit) and the actual assessment amount will be $131.180.29 ($26.236.06 per potential developable unit). Your assessment is proposed and recommended to be deferred. The City Council will make that decision at the public hearing. If you have any questions, feel free to contact me at (763) 767-5133. Sincerely, ~CJ. David D. Berkowitz, P.E. City Engineer DDB:rja Enc!. H:\Engineering\City Projects\Open City Projects\05-32 Woodland Crossings\Word Documenls\Correspondance\assess hearing 05- 32 05-24 05-20.DOC CITY OF NDO\TE o 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.C\.ANDOVER.MN.US o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA PROJECT NOS. WOODLAND CROSSINGS (05-32), SHAW'S GLEN (05-24), CARDINAL RIDGE (05-20) & ADJACENT PROPERTIES NOTICE IS HEREBY GIVEN that the City Council of the City of Andover, Anoka County, Minnesota will meet at the Andover City Hall, 1685 Crosstown Boulevard NW in the City of Andover, on Wednesday, August 8, 2007 at 7:00 PM to pass upon the proposed assessment for the improvement of Sanitary Sewer, Water Main. Streets & Storm Sewer construction in the following described areas: Project Nos. Woodland Crossings (05-32), Shaw's Glen (05-24), Cardinal Ridge (05-20) & Adjacent Properties The amount to be specially assessed against your particular lot, or parcel of land is $131.180.29 ($26.236.06 per potential developable unit). Such assessments shall be payable in' semi-annual installments, together with principal and accrued interest, extending over a period of -L years. The first of the installments to be payable on or before the 15th day of April 2008, and shall bear interest at the rate of 5.5 percent per annum from the date of the adoption ofthe assessment resolution. The owners of any property so assessed may at any time pay the whole of the assessment on such property with interest accrued to the date of payment to the City Treasurer. o The proposed assessment roll is on file for public inspection at the City Clerk's Office. The total amount of the proposed assessment is ~131.180.29 ($26.236.06 per potential develooable unitt Written and oral objections will be considered at the meeting. No appeal may be taken as to the amount unless a signed, written objection is filed with the Clerk prior to the hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. BY ORDER OF THE CITY COUNC.lL Victoria Volk - City Clerk H:\EngineeringICity ProjectslOpen City Projectsl05-32 Woodland CrossingslWord DocumentslCorrespondancelassess hearing 05- 32 05-24 05-20.DOC o o o t685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US July 18,2007 Ben Minks Minks Custom Homes 17024 Barium St. NW Andover, MN 55304 Re: Woodland Crossings (05-32), Shaw's Glen (05-24), Cardinal Ridge (05-20) & Adjacent Parcels Dear Mr. Minks, Enclosed please find th~ public hearing notice for the proposed assessment for the above referenced projects. The public hearing is scheduled for Wednesday, August 8, 2007 at 7:00 p.m. As you will note, the estimated assessment was $1.013.334.14 ($29.803.95 per unit) and the actual assessment amount will be $917.371.17 ($26.981.51 per unit). If you have any questions, feel free to contact me at (763) 767-5133. Sincerely, GJ~0. David D. Berkowitz,P.E. City Engineer DDB:~a Enc!. H:\Engineering\Clty Projects\Open City Projects\05-32 Woodland Crossings\Word Documents\Correspondance\assess hearing 05- 32 05-24 05-20.DOC o 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA PROJECT NOS. WOODLAND CROSSINGS (05-32), SHAW'S GLEN (05-24), CARDINAL RIDGE (05-20) & ADJACENT PROPERTIES NOTICE IS HEREBY GIVEN that the City Council of the City of Andover, Anoka County, Minnesota will meet at the Andover City Hall, 1685 Crosstown Boulevard NW in the City of Andover, on Wednesday, August 8, 2007 at 7:00 PM to pass upon the proposed assessment for the improvement of Sanitary Sewer. Water Main. Streets & Storm Sewer construction in the following described areas: ' Project Nos. Woodland Crossings (05-32), Shaw's Glen (05-24), Cardinal Ridge (05-20) & Adjacent Properties The amount to be specially assessed against your particular lot, or parcel of land is ~917.371.17 ($26.981.51 oer unit). Such assessments shall be payable in semi-annual installments, together with principal and accrued interest, extending over a period of.~ years. The first of the installments to be payable on or before the 15th day of April 2008, and shall bear interest at the rate of 5.5 percent per annum from the date of the adoption of the assessment resolution. The owners of any property so assessed may at any time pay the whole of the assessment on such property with interest accrued to the date of payment to the City Treasurer. The proposed assessment roll is on file for public inspection at the City Clerk's Office. The total amount of the proposed assessment is $917.371.17 ($26.981.51 oer unit), Written and oral objections will be considered at the meeting. No appeal may be taken as to the amount unless a signed, written objection is filed with the Clerk prior to the hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the o District Court within ten days after service upon the Mayor or Clerk. BY ORDER OF THE CITY COUNCIL Victoria Volk - City Clerk H:\Engineering\City Projects\Open City Projects\05-32 Woodland Crossings\Word Documents\Correspondance\assess hearing 05- 32 05-24 05-20.DOC CITY OF NDOVE o 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA PUBLIC HEARING FOR PROJECT NOS. WOODLAND CROSSINGS (05-32), SHAW'S GLEN (05-24), CARDINAL RIDGE (05-20) & ADJACENT PROPERTIES NOTICE IS HEREBY GIVEN that the City Council of the City of Andover, Anoka County, Minnesota will meet at the Andover City Hall, 1685 Crosstown Boulevard NW in the City of Andover, on Wednesday, August 8, 2007 at 7:00 PM to pass upon the proposed assessment for the improvement of Sanitary Sewer. Water Main. Streets & Storm o Sewer construction in the following described areas: Project Nos. Woodland Crossings (05-32), Shaw's Glen (05-24), Cardinal Ridge (05-20) & Adjacent Properties The proposed assessment roll is on file for public inspection at the City Clerk's Office. The total amount of the proposed assessment is as follows: Woodland Crossings (05-32) Shaw's Glen (05-24) Cardinal Ridge (05-20) *Lot 1, Block 1 Shaw's Glen *Putnam Property * Allen Property $1,262,821.73 ($34,130.32 per lot) $ 254,436.29 ($25,443.63 per lot) $ 917,371.17 ($26,981.51 per lot) $ 131,180.29 ($26,236.06 per potential developable lot) $ 324,315.24 ($27,026.27 per potential developable lot) $ 131,756.35 ($26,351.27 per potential developable lot) *The assessments to these properties are to be deferred until future subdivision, platted development, sale of the property or death of property owner. Final construction assessment amount will be adjusted by the ENR Construction Cost Index from June 2007 to the time of actual development. City fees will be adjusted from June 2007 to the current City fees at the time of actual development. This will be detailed on the final assessment role and identified in the resolution approving the assessments. o Lot 1, Block 1 Shaw's Glen (Robert and Shelly Almeida) has petitioned the City to hook up to City sewer and water. With this petition one unit will be' assessed. The assessment for the remaining four units that they have potential to development will be deferred as stated above. H:\Engineering\City Projecls\Open City Projects\05-32 Woodland Crossings\Word Documenls\Correspondance\assess hearing 05- 32 05-24 05-20.DOC o o o Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount unless a signed, written objection is filed with the Clerk prior to the hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. BY ORDER OF THE CITY COUNCIL ~ug Victoria Volk - City Clerk Publication Date: July 20, 2007 (Anoka Union) H:\Engineering\City Projects\Open City Projects\05-32 Woodland Crossings\Word Documents\Correspondance\assess hearing 05- 32 05-24 05-20.DOC ' o o e Cl1y "'ojKl 05-"" Project Name: FeasIbIDty Report Contract Award (Totsl Project) Final Costs FInal Emenses Engineering (Includes Inspec:tlon): consullng coSls Aerial Mapping (1% 01 street) ~ Plan (0.3% of streelJsIorm) AdministrBtion (3%) _g(l%) Bonding (0,5%) Recording Fees 1 Legal & Easement Adver1IsIng Permft and Review Fees street Signs (Materials SId Labor) Material Testing construction Interest CiIy Cools Total Expenses Expenses Multiplier Flnall'Rlject Cost TRInk Source and Storaae Water Main: connoclion Charge Area Charge Lateral Charge san. Sewer: connection CharlIe Area Charge Lateral Charge SIorm sewer. Area C/Ja'110 Slreel: Seal coating . = PrevIously Assessed (See B-> TataI Tnlnk Source and Stmaae OlherCcsls: Fox HoilowUll SlaIIan Change Order NO.1 Final TataI Assessmont Final _ent per Unit. Feaslblity Report Final -Andover Special Assessments FINAL ASSESSIIRIT WORKSHEET 2006 UtIlity & _I_emems Project No. : W_Cnl8sIngs fI5.a2 _ 8. 2OlI6 July 5. 2OlI6 Sanftary _ Water Main Services S10rm sewer Streets and R_ Trails Park Future SIreels and Restondion Future SIreels and Restoration - CREDIT Amount $ 1,217,586,46 Amount $ 1,046,406.25 $ 153.657.46 $ 120.462.81 $ 48,395,82 $ 186.061.37 $ 270,444.n $ 65,723.75 $ $ 79,355.04 $ (14,148.84) Amount $ 889,952.17 $ 16,098.32 $ 69,n9.13 $ 3,356.51 $ 693.60 , $ 26,698.57 $ 8,899.52 $ 4,449.76 $ $ 201.86 ,$ 43.93 $ 3,036.46 $ 3.840.14 $ 17,330.06 $ 2,026.02 $ 156,454.08 17.5801% Amount $ 1,046,406.25 37EA $2,704.00 $ 100,048.00 20.92 AC $2,4n.oo $ 51,818.84 LF $ $ 37EA $372.00 $ 13,764.00 20.92 N:. $1,379.00 $ 28,848.69 LF $ $ AC $ $ 10424 SY $ 1,00 $ 10,424.00 $ 204,903.62 37 l)1b 37~ $ 188.00 $ 6,956.00 123.13 $ 4,555.96 $ $ 1,262,821.73 $1,262,821.73 137l)1b = $34,130.321 Unit $39,604.85 1 Unft Assessment Rate Calculations 0 1 ' Sanitary Sewer Q Final Construction Cost $ 153,657.45 Plus Expenses 17.5801% $ 27,013.13 Total Cost $ 180,670.58 Assessable Sanitary Sewer Cost $ 180,670.58 = $ 4,882_99 per Unit 37 2 Water Main Final Construction Cost $ 120,462.81 Plus Expenses 17.5801% $ 21,177.48 Total Cost $ 141,640.29 Assessable Water Main Cost $ 141,640.29 = $ 3,828.12 per Unit 37 0 Services 0 3 Final Construction Cost $ 48,395.82 Plus Expenses 17.5801% $ 8,508.03 Total Cost $ 56,903.85 Assessable Services Cost $ 56,903.85 = $ 1,537.94 per Unit 37 4 Stonn Sewer Final Construction Cost $ 166,061.37 Plus Expenses 17.5801% $ 29,193.75 Total Cost $ 195,255.12 Assessable Stonn Sewer Cost $ 195,255.12 = $ 5,2n.17 per Unit 37 0 0 City Project 05-32 2 Assessment Rate Calculations 0 1 ' Sanitary Sewer Final Construction Cost $ 153,657.45 Plus Expenses 17.5801% $ 27,013.13 Total Cost $ 180,670.58 Assessable Sanitary Sewer Cost $ 180,670.58 = $ 4,882.99 per Unit 37 2 Water Main Final Construction Cost $ 120,462.81 Plus Expenses 17.5801% $ 21,177.48 Total Cost $ 141,640.29 Assessable Water Main Cost $ 141,640.29 = $ 3,828.12 per Unit 37 0 3 Services Final Construction Cost $ 48,395.82 Plus Expenses 17.5801% $ 8,508.03 Total Cost $ 56,903.85 Assessable Services Cost $ 56,903.85 = $ 1,537.94 per Unit 37 4 Stonn Sewer Final Construction Cost $ 166,061.37 Plus Expenses 17.5801% $ 29,193.75 Total Cost $ 195,255.12 Assessable Storm Sewer Cost $ 195,255.12 = $ 5,2n.17 per Unl e 37 City Project 05-32 2 5 Streets C Final Construction Cost $ 335,650.97 Plus Expenses 17.5801% $ 59,007.78 Total Cost $ 394,658.75 Assessable Street Cost $ 394,658.75 = $ 10,666.45 per Unit 37 6 Trails Final Construction Cost $ 65,723.75 Plus Expenses 17.5801% $ 11,554.30 Total Cost $ 77,278.05 Assessable Trails Cost $ 77,278.05 = $ 2,088.60 per Unit 37 7 Park 8 Final Construction Cost $ Plus Expenses 17.5801% $ T atal Cost $ Assessable Park Cost $ = $ per Unit 37 e City Project 05-32 3 8 Trunk Water Main Area 0 Total Area Charge $ 51,818.84 0 Assessable Water Main Area Cost $ 51,818.84 = $ 1,400.51 per Unit 37 9 Trunk Sanitary Sewer Area Total Area Charge $ 28,848.68 Assessable Sewer Area Cost $ 28,848.68 = $ 779.69 per Unit 37 10 Water Main Connection T etal Connection Charge $ 100,048.00 Assessable Sewer Area Cost $ 100,048.00 = $ 2,704.00 per Unit 0 37 0 11 Sewer Connection Total Connection Charge $ 13,764.00 Assessable Sewer Area Cost $ 13,764.00 = $ 372.00 per Unit 37 12 Future Seal Coat Total Future Seal Coat Charge $ 10,424.00 Assessable Seal Coat Cost $ 10,424.00 = $ 281.73 per Unit 37 o c City Project 05-32 4 e City Project 05-32 4 13 other - Fox Hollow Lift Station 0 Total Connection Charge $ 6,956.00 Assessable Sewer Area Cost $ 6,956.00 = $ 188.00 per Unit 37 14 other - Change Order No.1 Total Connection Charge $ 4,555.96 Assessable Change Order Cost $ 4,555.96 = $ 123.13 per Unit 37 o e City Project 05-32 5 0 Final Assessment Summary 0 1 Sanitary Sewer $ 4,882.99 2 Water Main $ 3,828.12 3 Services $ 1,537.94 4 Stonn Sewer $ 5,2n.17 5 Streets .$ 10,666.45 6 Trails $ 2,088.60 7 Park $ 8 Trunk Water Main Area $ 1,400.51 9 Trunk Sanitary Sewer Area $ 779.69 10 Water Main Connection $ 2,704.00 11 Sewer Connection $ 3n.00 12 Future Seal Coat $ 281.73 13 Fox Hollow Lift Station Connection $ 188.00 14 Change Order No. 1 $ 123.13 Final Assessment Rate per Unit $ 34,130.33 o o o o City Project 05-32 6 Final Assessment Summary 0 1 Sanitary Sewer $ 4,882.99 2 Water Main $ 3,828.12 3 Services $ 1,537.94 4 Storm Sewer $ 5,2n.17 5 Streets .$ 10,666.45 6 Trails $ 2,088.60 7 Park $ 8 Trunk Water Main Area $ 1,400.51 9 Trunk Sanitary Sewer Area $ 779.69 10 Water Main Connection $ 2,704.00 11 Sewer Connection $ 372.00 12 Future Seal Coat $ 281.73 13 Fox Hollow Uft Station Connection $ 188.00 14 Change Order No. 1 $ 123.13 Final o\ssessment Rate per Unit $ 34,130.33 o e city Project 0S-32 6 Final - Andover Special Assessments e FINAL ASSESSIIEHT WORKSHEET Project Name: 2006 UlIIIty & _Improvements Project No. : 05-24 ShaW's Glen Feaslbllty Report _ 8. 2OIl6 Amount $ 238.662.50 ConlnIolAwerd (Total Project) July 5. 2Oll6 Amount $ 203,917.93 Final Costs San~ary Sewer $ 17,359.42 Weier Main $ 20,186.23 Services $ 12,963.58 Storm Sewer $ 40,591.35 _and_on $ 56,744.56 Trails $ PerIc $ Future_and R_on $ 21,447.31 Future S1reets end R_on - CREDIT $ (3,824.01 ) Amount $ 165,468.44 Final Emenses Engineering QnctJdes Inspection): $ 3,511.86 Consuling Costs $ 18,859.22 Aerial Mapping (1% of s1reet) $ 743.65 Dl8Inage PIen (0.3% of street/storm) $ 344.86 Mmlnlstratlon (3%) $ 4,964,05 Assessing (1%) $ 1,654,68 Bonding (0.5%) $ 827,34 Rocotding Fees I Legal & Easomon' $ e Advertising $ 201.86 Permit end Review Feas $ Street Signs (Materials and Labor) $ 286.77 MaIeriaI Testing $ 1,037.88 eon_on Interest $ 5,469.70 City Costs $ 547.57 Tatal Expenses $ 38,449.49 Expenses Muliplier 23.2369% Final Project Cost Amount $ 203,917.93 TRInk Source and Storaae Water Main: Connecllon Charge 10EA $2,704.00 $ 27,040.00 Anla Ch_ 4.31 AC $2,477.00 $ 10.675.87 L81en11 Ch_ LF $ $ San. Sewer. Connec:tJon Charge 10EA $372.00 $ 3,720.00 Anla Charge, 4.31 AC $1,379.00 $ 5,943.49 lateral Charge LF $ $ Storm Sewer: Aree Cherge AC $ $ Street: Seal CoStIng 1259 S'f $ 1.00 $ 1,259.00 Total Trunk Source and Storaae $ 49,638.36 OlherCos1s: Fox HoIaw Lift Station 10 lJniIs $ 188.00 $ 1,880.00 Flnal TolaI Assessment $ 2$4A36.:ZS e Final Assessment per Unit = Feasibility Report 5254,436.29 110 Units = $25,443.63 I Unit $29,154.19 IUn~ CIty Ploject 05-24 Assessment Rate Calculations 0 1 Sanitary Sewer 0 Final Construction Cost $. 17,359.42 Plus Expenses 23.2368% $ 4,033.77 Total Cost $ 21,393.19 Assessable Sanitary Sewer Cost $ 21,393.19 = $ 2,139.32 per Unit 10 2 Water Main Final Construction Cost $ 20,186.23 Plus Expenses 23.2368% $ 4,690.63 Total Cost $ 24,876.86 Assessable Water Main Cost $ , 24,876.86 = $ 2,487.69 per Unit 10 0 3 Services 0 Final Construction Cost $ 12,963.58 Plus Expenses 23.2368% $ 3,012.32 Total Cost $ 15,975.90 Assessable Services Cost $ 15,975.90 = $ 1,591.59 per Unit 10 4 Stonn Sewer Final Construction Cost $ 40,591.35 Plus Expenses 23.2368% $ 9,432.13 Total Cost $ 50,023.48 Assessable Stann Sewer Cost $ 50,023.48 = $ 5,002.35 per Unit 10 0 0 City Projed 05-24 2 Assessment Rate Calculations 0 1 Sanitary Sewer Final Construction Cost $ 17,359.42 Plus Expenses 23.2368% $ 4,033.77 Total Cost $ 21,393.19 Assessable Sanitary Sewer Cost $ 21 ,393.19 = $ 2,139.32 per Unit 10 2 Water Main Final Construction Cost $ 20,186.23 Plus Expenses 23.2368% $ 4,690.63 Total Cost $ 24,876.86 Assessable Water Main Cost $ 24,876.86 = $ 2,487.69 per Unit 10 0 3 Services Final Construction Cost $ 12,963.58 Plus Expenses 23.2368% $ 3.012.32 Total Cost $ 15,975.90 Assessable Services Cost $ 15,975.90 = $ 1,597.59 per Unit 10 4 Stann Sewer Final Construction Cost $ 40,591.35 Plus Expenses 23.2368% $ 9,432.13 Total Cost $ 50,023.48 Assessable Stonn Sewer Cost $ 50,023.48 = $ 5,002.35 per Unit 10 e City Project 05-24 2 5 streets 0 Final Construction Cost $ 74,367.86 Plus Expenses 23.2368% $ 17,280.71 Total Cost $ 91,648.57 Assessable Street Cost $ 91,648.57 = $ 9,164.86 per Unit 10 6 Trails Final Construction Cost $ Plus Expenses 23.2368% $ Total Cost $ Assessable Trail Cost $ = $ per Unit 10 7 Park (} Final Construction Cost $ Plus Expenses 23.2368% $ Total Cost $ Assessable Park Cost $ = $ per Unit 10 8 Trunk Water Main Area Total Area Charge $ 10,675.87 Assessable Water Main Area Cost $ 10,675.87 = $ 1,067.59 per Unit 10 e City Project 05-24 3 9 Trunk Sanitary Sewer Area 0 Total Area Charge $ 5,943.49 0 Assessable Sewer Area Cost $ 5,943.49 = $ 594.35 per Unit 10 10 Water Main Connection Total Connection Charge $ 27,040.00 Assessable Sewer Area Cost $ 27,040.00 = $ 2,704.00 per Unit 10 11 Sewer Connection Total Connection Charge $ 3,720.00 Assessable Sewer Area Cost $ 3,720.00 = $ 372.00 per Unit 0 10 0 12 Future Seal Coat Total Future Seal Coat $ 1,259.00 Assessable Seal Coat Cost ' $ 1,259.00 = $ 125.90 per Unit 10 13 Other - Fox Hollow Lift Station Total Connection Charge $ 1,880.00 Assessable Sewer Area Cost $ 1,880.00 = $ 188.00 per Unit 10 o o City Project 05-24 4 9 Trunk Sanitary Sewer Area 0 Total Area Charge $ 5,943.49 Assessable Sewer Area Cost $ 5,943.49 = $ 594.35 per Unit 10 10 Water Main Connection Total Connection Charge $ 27,040.00 Assessable Sewer Area Cost $ 27,040.00 = $ 2,704.00 per Unit 10 11 Sewer Connection Total Connection Charge $ 3,720.00 Assessable Sewer Area Cost $ 3,720.00 = $ 372.00 per Unit fJ 10 12 Future Seal Coat Total Future Seal Coat $ 1,259.00 Assessable Seal Coat Cost $ 1,259.00 = $ 125.90 per Unit 10 13 Other - Fox Hollow Lift station Total Connection Charge $ 1,880.00 Assessable Sewer Area Cost $ 1,880.00 = $ 188.00 per Unit 10 e City Project 05-24 4 Final Assessment SummalV 0 1 Sanitary Sewer $ 2,139.32 2 Water Main $ 2,487.69 3 Services $ 1,597.59 4 Stonn Sewer $ 5,002.35 5 Streets $ 9,164~86 6 Trails $ 7 Park $ 8 Trunk Water Main Area $ 1,067.59 9 Trunk Sanitary Sewer Area $ 594.35 10 Water Main Connection $ 2,704.00 11 Sewer Connection $ 372.00 12 Future Seal Coat $ 125.90 13 Fox Hollow Lift Station $ 188.00 Final Assessment Rate per Unit $ 25,443.65 o e City Project 05-24 5 o o e Project Name: Feaslbil;w Report Contract Award (Total Project) final Costs Final emenses Engineering (Includes Inspection):, Consulting Casts Aerial Mapping (1 % of street) Drainage Plan (0.3% of straetIstorm) Administration (3%) Assessing (1 %) Bonding (0.5%) Recording F....' Legal & Easament Advertising Permit and Review Fees street Signs (Materials and Laborj Material Testing Construction Interest C;w Cosls Total Expenses Expanses Multiplier Flnel ProJect Cost TRInk Source and Storaae Water Main: Connection Charge Area Charge I..ateraI Charge San. Sewer. Connection Charge Area Charge Lateral Charge Storm Sewer: Area Charge Street Seal Coating Talal TRInk Source and storaae other Costs: Fox Hollow UII Station Final Total Assessment Final Assessment per Unit- Feasibil;w Report City Proiect lJ5.2O Final - Andover Special Assessments RNAL ASSESSIENTWORKSHEET 2006 Utility & _ Improvements Project No. : CardIaIII RIdge 05-20 March 8. 2006 Jgy 5. 2006 Amount $ 848.128.14 Amount $ 750,477.53 $ 112,069.22 $ 94,858.64 $ 44,076.19 $ 103,975.74 $ 201,551.02 $ $ $ 72,920.85 $ (13,001.63) Amount: $ 61~,450.D3 $ 11,940.32 $ 64,121.36 $ 2,614.70 $ 491.68 $ 18,493.50 $ 6,164.50 $ 3,082.25 $ 2.00 $' 201.85 $ $ 2,927.82 $ 3,528.78 $ 18,596.98 $ 1,861.75 $ 134,027.50 21.7418% Amount: $ 750,477.53 Sanitary Sewer Water Main Services Storm Sewer S1reels end Restoration Trails Park Futura SlreeIs and Restoration Future Streels and Restoration - CREDIT 34EA 12.69 AC LF 34EA 12.69 AC LF AC 6985 SY $2,704.00 $ 91,936.00 $2,477.00 $ 31,433.13 $ $ $372.00 $ 12,648.00 $1,379.00 $ 17,499.51 $ $ $ $ $ 1.00 $ 6,965.00 $ 160,601.64 $ 186,00 $ 6,392.00 34UniIs $ $ 917,371.17 $26,981.51 'Unit $29,803.95 / Unit 917.371.17 /34 Units = 0 Assessment Rate Calculations 0 1 Sanitary Sewer Final Construction Cost $ 112,069.22 Plus Expenses 21.7418% $ 24,365.87 Total Cost $ 136,435.09 Assessable Sanitary Sewer Cost $ 136,435.09 = $ 4,012.80 per Unit 34 2 Water Main Final Construction Cost $ 94,858.64 Plus Expenses 21.7418% $ 20,623.98 Total Cost $ 115,482.62 Assessable Water Main Cost $ 115,482.62 = $ 3,396.55 per Unit 34 r...... 0 '-" 3 Services Final Construction Cost $ 44,076.19 Plus Expenses 21.7418% $ 9,582.96 Total Cost $ 53,659.15 Assessable Services Cost $ 53,659.15 = $ 1,578.21 per Unit 34 4 Stann Sewer Final Construction Cost $ 103,975.74 Plus Expenses 21.7418% $ 22,606.20 Total Cost $ 126,581.94 Assessable Stonn Sewer Cost $ 126,581.94 = $ 3,723.00 per Unit 34 C 0 City Project 05-20 2 e City Project 05-20 3 0 9 Trunk Sanitary Sewer Area 0 Total Area Charge $ 17,499.51 Assessable Sewer Area Cost $ 17,499.51 = $ 514.69 per Unit 34 10 Water Main Connection Total Connection Charge $ 91,936.00 Assessable Sewer Area Cost $ 91,936.00 = $ 2,704.00 per Unit 34 11 Sewer ConnectioJl Total Connection Charge $ 12,648.00 Assessable Sewer Area Cost $ 12,648.00 = $ 372.00 per Unit 0 34 0 12 Future Seal Coat Total Future Seal Coat $ 6,985.00 Assessable Future Seal Coat Cost $ 6,985.00 = $ 205.44 per Unit 34 13 Other - Fox Hollow Lift Station Total Connection Charge $ 6,392.00 Assessable Sewer Area Cost $ 6,392.00 = $ 188.00 per Unit 34 o o City Project 05-20 4 0 9 Trunk Sanitary Sewer Area Total Area Charge $ 17,499.51 Assessable Sewer Area Cost $ 17,499.51 = $ 514.69 per Unit 34 10 Water Main Connection Total Connection Charge $ 91,936.00 Assessable Sewer Area Cost $ 91,936.00 = $ 2,704.00 per Unit 34 11 Sewer Connection Total Connection,Charge $ 12,648.00 Assessable Sewer Area Cost $ 12,648.00 = $ 372.00 per Unit C 34 12 Futurv Seal Coat Total Future Seal Coat $ 6,985.00 Assessable Futurv Seal Coat Cost $ 6,985.00 = $ 2D5.44 per Unit 34 13 Other. Fox Hollow Uft Station Total Connection Charge $ 6,392.00 Assessable Sewer Area Cost $ 6,392.00 = $ 188.00 per Unit 34 e city Project D5-2D 4 c e e Final Assessment Summarv 1 Sanitary Sewer 2 Water Main 3 Services 4 Storm Sewer 5 Streets 6 Trails 7 Park 8 Trunk Water Main Area 9 Trunk Sanitary Sewer Area 10 Water Main Connection 11 Sewer Connection 12 Future Seal Coat 13 Fox Hollow Lift Station Connection Final Assessment Rate per Unit City Project 05-20 $ 4,012.80 $ 3,396.55 $ 1,578.21 $ 3,723.00 $ 9,362.31 $ $ $ 924,50 $ 514.69 $ 2,704.00 $ 372.00 ' $ 205.44 $ 188.00 $ 26,981.50 5 Final. Andover Special Assessments o FINAl ASSESSIIENTWORKSHEET Project Name: 2006 UtfDty&StnMltIh5f"'ow.emet:* Project No. : Future SubdivirAon - Lot 1. BIDc:Ic: i. Shaw's Glen Feaslblllly Report MardI 8. 2006 Amount $ 117,755.28 contract Award (Total Project) July 5. 2006 Amount $ 103,955.89 Final Costs Sonil8Jy Sewer $ 10,140:66 Water Maln $ 14,062.16 Senlices $ 6.481.79 Stoon Sewer $ 15.290.55 S1reets and R_ $ 30,004.14 Trails $ ParI< $ FWlre S1reets and Restoration $ 10,723,55 Fulure Streets and,Resloration - CREDIT $ (1.912.00) Amount: $ 84,790-!l5 Nate: ConsfTuction costs _ be adJustedfR>mJune _ by the ~ News ReconI(ENR) ~ Cost _ro the lime at__ development. Flnar ExDenses Engineering Qndudes Inspection): S 1,755.93 Consulting CcsIs $ 9,429.61 _ Mapping (1% of street) $ 388.16 DraInage PI... (0.3% 01 sIreeIIstorm) $ 72.31 Admin_on (3%) $ 2,543.73 AssessIng (1%) S 847.91 0 Bonding (0.5%) S 423.95 Recording Fees I Legal & Easement S Advertising S Permit and Review Fees S Street Signs (Materials and Labor) S 175.76 MalerialT_no S 518.84 ConsIrudion Interest S 2.734.85 City Costs S 273.79 Total Expenses $ 18,164.94 ElcpensesM~p11er 22.6026% Final Project Cast Amount: $ 103,_.89 Trunk Source and Storaae WaIJ:r Main: Connection ChBrge 5EA $2.704.00 S 13,620.00 Area CIlarge 2-85 N; $2.477.00 S 6,564.05 Lateral Charge LF $ .$ S.... Sewer: Connection Charge SEA $372.00 $ 1,860.00 Area Chage 2.65 N; $1,379.00 $ 3,854.35 LalenlI Charge LF $ S Slonn sewer: Area Charge N; $ $ _ Seal Coaling B86 SY S 1,00 S 686.00 Total Trunk Source and Storaae S 28,284.40 -.: The DeInlloper_ be teSpOIISIbIe torthe connection and Aru __ _for the year at dwelopment. Other c:-m: Fox HoDOIN' Uft Station 5 UBIs s lRaOO S 940.00 Nole' The Developer 11II1I IJe responsible tor the Fox HoII_Lift_ __settorthe year at lfeveIopment. Final Total Assessment S 131,180.29 e Final A.uessment per Unit = Feasibinly Report $131.180.29 15Unl... $26,238.08 I Unit $28,978.18 IUM 0 Assessment Rate Calculations 0 1 Sanitary Sewer Final Construction Cost $ 10,140.66 Plus Expenses 22.6026% $ 2,292.05 Total Cost $ 12,432.71 Assessable Sanitary Sewer Cost $ 12,432.71 = $ 2,486.54 per Unit 5 2 Water Main Final Construction Cost $ 14,062.16 Plus Expenses 22.6026% $ 3,178.41 Total Cost $ 17,240.57 Assessable Water Main Cost $ 17,240.57 = $ 3,448.11 per Unit 5 0 0 3 Services Final Construction Cost $ 6,481.79 Plus Expenses 22.6026% $ 1,465.05 Total Cost $ 7,946.84 Assessable Services Cost $ 7,946.84 = $ 1,589.37 per Unit 5 4 Stann Sewer Final Construction Cost $ 15,290.55 Plus Expenses 22.6026% $ 3,456.06 Total Cost $ 18,746.61 Assessable Stonn Sewer Cost $ 18,746.61 = $ 3,749.32 per Unit 5 0 0 2 C Assessment Rate Calculations 1 Sanitary Sewer Final Construction Cost $ 10,140.66 Plus Expenses 22.6026% $ 2.292.05 Total Cost $ 12,432.71 Assessable Sanitary Sewer Cost $ 12,432.71 = $ 2,486.54 per Unit 5 2 Water Main Final Construction Cost $ 14,062.16 Plus Expenses 22.6026% $ 3,178.41 Total Cost $ 17,240.57 Assessable Water Main Cost $ , 17,240.57 = $ 3,448.11 per Unit 5 e 3 Services Final Construction Cost $ 6,481.79 Plus Expenses 22.6026% $ 1,465.05 Total Cost $ 7,946.84 As$nsable Services Cost $ 7,946.84 = $ 1,589.37 per Unit 5 4 Stonn Sew.' Final Construction Cost $ 15,290.55 Plus Expenses 22.6026% $ 3,456.06 Total Cost, $ 18,746.61 Assessable Stonn Sewer Cost $ 18,746.61 = $ 3,749.32 per Unit e 5 2 0 5 Streets Final Construction Cost $ 38,815.79 Plus Expenses 22.6026% $ 8,773.38 Total Cost $ 47,589.17 Assessable Street Cost $ 47,589.17 = $ 9,517.83 per Unit 5 6 Trail Final Construction Cost $ Plus Expenses 22.6026% $ Total Cost $ Assessable Trail Cost $ = $ per Unit 5 0 7 Park Final Construction Cost $ Plus Expenses 22.6026% $ Total Cost $ Assessable Park Cost $ = $ per Unit 5 8 Tnmk Water Main Area Total Area Charge $ 6,564.05 Assessable Water Main Area Cost $ 6,564.05 = $ 1,312.81 per Unit 5 e 3 0 9 Trunk Sanitary Sewer Area 0 , Total Area Charge $ 3,654.35 Assessable Sewer Area Cost $ 3,654.35 = $ 730.87 per Unit 5 10 Water Main Connection Total Connection Charge $ 13,520.00 Assessable Sewer Area Cost $ 13,520.00 = $ 2,704.00 per Unit 5 11 Sewer Connection T olal Connection Charge $ 1,860.00 Assessable Sewer Area Cost $ 1,860.00 = $ 372.00 per Unit 0 5 0 12 Future Seal Coat Total Future Seal Coat $ 686.00 Assessable Sewer Area Cost $ 686.00 = $ 137.20 per Unit 5 13 Other. Fox Hollow Lift Station Tolal Connection Charge $ 940.00 Assessable Sewer Area Cost $ 940.00 = $ 188.00 per Unit 5 o o 4 0 9 Trunk Sanitary Sewer Area Total Area Charge $ 3,654.35 Assessable Sewer Area Cost $ 3,654.35 = $ 730.87 per Unit 5 10 Waler Main Connection Total Connection Charge $ 13,520.00 Assessable Sewer Area Cost $' 13,520.00 = $ 2,704.00 per Unit 5 11 Sewer Connection Total Connection Charge $ 1,860.00 Assessable Sewer Area Cost $ 1,860.00 = $ 372.00 per Unit e 5 12 Future Seal Coat Total Future Seal Coat $ 686.00 Asse&Sable Sewer Area Cost $ 6B6.00 = $ 137.20 per Unit 5 13 Other - Fox Hollow Lift Station Total Connection Charge $ 940~00 Assessable Sewer Area Cost $ 940.00 = $ 1 BB.OO per Unit 5 e 4 e e , , Note: The actual assesscible costs for items 1 through 7 above will be adjusted from June 2007 by the ENR ConstnJction Cost Index to the time of actual development. The assessable costs for items 8 through 13 above will be adjusted from June 2007 to the CUlTelJt City liftes at the time of aCtual development 5 Final - Andover Special Assessments " Project Name: FINAL ASSESSIIEN1'WORKSIlEET 2008 UIlII1Y &_'"-~__ Project No. : Future Subdlv_ -_ "'-'Y PIN 16-32_8 Fea.slbIIIv Report March 8. 200B Amount $ 298,897.99 eo__ (Total Project) .Illy 5. 2lJ06 Amount $ 265,831.84 Ffn"~ Sanitary Sewer $ 32,153.11 Water Main $ 37,585.21 . Services $ 15,556.30 Storm Sewer $ 45,277.53 SIr.... end _ $ 67,338.23 Trails $ Park $ F.......___ $ 25,738.77 Future Streets lnIReslondion-CREDlT $ (4.58B.81) _nt: $ 219,056.34. N<>Ia: CDnsItucII<m cosfs MIIN be adjusted ""'" June 2fItI7 by the Eng_ng _ -.J (ENRJ ConsInI<:fIQII Cost I_to the _ pf e<:tuaI development. FJna'~ E1~1g (Includeslnspecllon): $ 4,214.23 ConsUting Costs $ 22,831.07 _ Mapping (1% of street) $ BB4,&4 'Drainage Plan (0.3% of streellslorm) $ 199.28 Adm_ (3%) $ 5,571.59 AssessIng (1%) $ 2.190.56 0 BonIIng (0.5%) $ 1,095.28 ~ Faes I Legal & Easement $ AdveItismg $ Permit and ~ewF... $ Sbeel Signs (M._1s end LaboI) $ 522.17 MatorieJ Te&lln9 $ 1,245.45 COnstruction Interest $ 6,563.54 cay Costs $ 657.09 TolaI Expenses $ 46,776.30 ElqJenses MldlipI'oer 21.3531% Final Project Cost Amount: $ 285,831.64 Trunk Source and Storaae W_ _: ComecIIan Charg. 12EA $2,7D4.00 $ 32,448.00 Area Charg. 4.35 Ar. $2,477.00 $ 10,774.95 Lelel8l Charge LF $ $ San, Sewer: ComedIan Charg. 12EA $372.00 $ 4,464.00 Area Charg. 4.35 Ar. $1,379.00 $ 5,998.65 L-.. Charge LF $ $ Slonn Sewer:: Area Charga Ar. $ $ _ Se<II Coaling 2542 SY $ 1.00 $ 2,542.00 Total Trunk Source and Storaae $ 56,227.60 Nole: 77Ie Df!IIeIoperMdN be res~ tor the Connection and Area a.ges _forllle _ pf de>e/opmelrt. 0Ih0r~: Fox Hollow UlI Station 12 lJI1Is $ 188.00 $ 2,256.00 Hole: 1be _".,,,,,, be te$pOnS/IJ/e tor IIIe Fox Hollow Uft -. "'-lIes setforllle yearpf dave/tJpment. e Final Total Aas_ $ 324,315.24 FlnalAosessment perUnlt= FeasIbIIiIy Report 5324.315.24 112 Units. $27,026.27 I Unit $29,772.37 I Unit Assessment Rate Calculations 0 1 Sanitary Sewer 0 Final Construction Cost $ 32,153.11 Plus Expenses 21.3531% $ 6,865.69 Total Cost $ 39,018.80 Assessable Sanitary Sewer Cost $ 39,018.80 = $ 3,251.57 per Unit 12 2 Water Main Final Construction Cost $ 37,585.21 ' Plus Expenses 21.3531% $ 8,025.61 Total Cost $ 45,610.82 Assessable Water Main Cost $ 45,610.82 = $ 3,800.90 per Unit 12 0 0 3 Services Final Construction Cost $ 15,556.30 Plus Expenses 21.3531% $ 3,321.75 Total Cost $ 18,878.05 Assessable Services Cost $ 18,878.05 = $ 1,573.17 per Unit 12 4 Stonn Sewer Final Construction Cost $ 45,277.53 Plus Expenses 21.3531% $ 9,688.16 Total Cost $ 54,945.69 Assessable Stonn Sewer Cost $ 54,945.69 = $ 4,578.81 per Unit 12 0 C 2 Assessment Rate Calculations C 1 Sanitary Sewer Final Construction Cost $ 32,153.11 Plus Expenses 21.3531% $ 6,865.69 T etal Cost $ 39,018.80 Assessable Sanitary Sewer Cost $ 39,018.80 = $ 3,251.57 per Unit 12 2 Water Main Final Construction Cost $ 37.585.21 Plus Expenses 21.3531 % $ 8,025.61 T ota! Cost $ 45,610.82 Assessable Water Main Cost $ 45.610.82 = $ 3,800.90 per Unit 12 e 3 Services Final Construction Cost $ 15,556.30 Plus Expenses 21.3531% $ 3.321.75 Total Cost $ 18,878.05 Assessable Services Cost $ 16,876.05 = $ 1.573.17 per Unit 12 4 Stonn Sewer Final ConstruCtion Cost $ 45,2n.53 Plus Expenses 21.3531 % $ 9.666.16 Total Cost $ 54,945.69 Assessable Stonn Sewer Cost $ 54.945.69 = $ 4,578.81 per Unit e 12 2 e 3 o c 4 e 4 0 Final Assessment Summary 1 Sanitary Sewer $ 3,251.57 2 Water Main $ 3,800.90 3 Services $ 1,573.17 4 Stonn Sewer $ 4,578.81 5 Streets $ 8,948.19. 6 Trail $ 7 Park $ 8 Trunk Water Main Area $ 897.91 9 Trunk Sanitary Sewer Area $ 499.89 10 Water Main Connection $ 2,704.00 11 Sewer Connection $ 372.00 12 Future Seal Coat $ 211.83 13 Fox Hollow Lift Station Connection $ 188.QO Final Assessment Rate per Unit $ 27,026.27 o e Note: The actual assessable costs for items 1 through 7 above will be adjusted from June 2007 by the ENR Construction Cost Index to the time of actual development. The assessable costs for items 8 through 13 above will be adjusted from June 2007 to the current City rates at the time of actual development. 5 Final - AmkJ'ter Special Assessments o FINAL ASSESSIENT WORKSHEET Project Nome: 200i IIlirlly & _1nlpov>_._.1& Project No, : FulureSUb_ -AIIon~ PIN 15-32-~a FeaslbMy Report MardI 8. 2llD6 -:$ 138,339.59 JUv 5, 2IJ06 AnHnI1l: $ 105,422.79 SanltaJy _ $ 15,889.046 W_ Main $ 16,970.16 Senrice& $ 6,481.79 Storm sewer $ 19,580.66 Slreols and R_ $ 18,295.59 TraIs $ Pari< $ FUlure Sireets and _on $ 10.723.65 FuIllre SIreets and Restoration- CREDIT $ 11912.001 Amount: $ 86,D29.31 ConlraclAwBnl (Total Project) Final Costs Nate: CaIr5tIud/on.- win be adjustedfn>m June 2OI1T by the Englneedng _ _ (ENR) ConsInM:fIon Cost ,_,.. the lime af_ deve/apJnenl. Final Emenses ~Inee!tng Ondudes Inspedion): $ 1,755.93 ConsUtIng CosIs $ 9,429.61 AerieI Mapping (1% of sIreel) $ 27U17 Drehlge Plan (0.3% of streelIstorm) $ 85.18 Adm_(3%) $ 2.58D.88 Assessing (1%) $ 860.29 Banding (0.5%) $ _.15 C Recording Fees 1 Legal & Eesemenl $ Advertising a PermIl and RevIew Fees a _ Signs (Meleriels end l.eborj $ 452.79 _ Testing a 518.fU ConstJU~ 1_ $ 2,734.85 CIlyCosls $ 273.79 TataIEx_ $ 19,393.48 E>pensesMlftplier 22.5<129% Anel Pn>jecl Cost Amount: $ 105,422.79 "fronk SOUrce..... Storaae war MaIn: ComecIIon eturge 5EA $2,704.00 $ 13,520.DO Area Charge 2.51 N; $2,04n.00 $ 6,217.27 Lateral Charge LF $ $ San. Sewer: Comedion Charge 5EA $372.00 $ 1,860.00 Area Charge . 2.51 AC $1,379.00 $ 3,461.29 LaIenII Charge LF $ $ Stonn Sewer: Area Charge N; $ $ S1nlet Seal Coallng 335 Sf $ ,1.00 $ 335.DO Total Trunk Source and Storaae $ 25,393.56 Nate: TIle ~wln be respons/b/e for the CoImecIIon end Anlo <haIges set for the yearot development. OlI1er COOls: Fox Hollow LiII S1ati... 5 ibis $ 188.DO $ 940.00 Note: TIIe_perw/l'bel8SpOllSib/efor_FoxHol_Uft_~_foTlIre_raf___ e FlnelTotel_t $ 131,756.36 Flnel Aesessment per Unit = FeaslbI1Ily Report $131.756.35 1511.= $26.351.271 Unit $33,026.92 1 Unil Assessment Rate Calculations 0 1 Sanitary Sewer, C' Final Construction Cost $ 15,889.46 Plus Expenses 22.5429% ,$ 3,581.95 Total Cost $ 19,471.41 Assessable Sanitary Sewer Cost $ 19,471.41 = $ 3,894.28 per Unit 5 2 Water Main Final C~lnstnJction Cost $ 16,970.16 Plus Expenses 22.5429% $ 3,825.57 Total Cost $ 20,795.73 Assessable Water Main Cost $ 20,795.73 = $ 4,159.15 per Unit 5 0 3 Services C~ Final Construction Cost $ 6,481.79 Plus Expenses 22.5429% $ 1,461.18 Total Cost $ 7,942.97 Assessable Services Cost $ 7,942.97 = $ 1,588.59 per Unit 5 4 Stonn Sewer Final Construction Cost $ 19,580.66 Plus Expenses 22.5429% $ 4,414.05 Total Cost $ 23,994.71 Assessable Stonn Sewer Cost $ 23,994.71 = $ 4,798.94 per Unit 5 0 C~ 2 Assessment Rate Calculations 1 Sanitary Sewer Final Construction Cost $ 15,889.46 Plus Expenses 22.5429% $ 3,581.95 Total Cost $ 19,471.41 Assessable Sanitary Sewer Cost $ 19,471.41 = $ 3,89428 per Unit 5 2 Water Main Final Construction Cost $ 16,970.16 Plus Expenses 22.5429% $ 3,825.57 Total Cost $ 20,795.73 Assessable Water Main Cost $ 20,795.73 = $ 4,159.15 per Unit 5 ® 3 Services Final Construction Cost $ 6,481.79 Pius Expenses 22.5429% $ 1,461.18 Total Cost $ 7,942.97 Assessable Services Cost $ 7,942.97 $ 1,588.59 per Unit 5 4 Storm Sewer Final Construction Cost $ 19,580.66 Plus Expenses 22.5429% $ 4,414.05 Total Cost $ 23,994.71 Assessable Storm Sewer Cost $ 23,994.71 = $ 4,798.94 per Unit 5 2 5 Streets C Final Construction Cost $ 27,107.24 Plus Expenses 22.5429% $ 6,110.76 Total Cost $ 33,218.00 Assessable Street Cost $ 33,218.00 = $ 6,643.60 per Unit 5 6 Trail Final Construction Cost $ Plus Expenses 22.5429% $ Total Cost $ Assessable Trail Cost $ = $ per Unit 5 7 Park e Final Construction Cost $ Plus Expenses 22.5429% $ Total Cost $ Assessable Park Cost $ = $ per Unit 5 8 Trunk Water Main Area Total Area Charge $ 6,217.27 Assessable Water Main Area Cost $ 6,217.27 = $ 1,243.45 per Unit 5 e 3 9 Trunk Sanitary Sewer Area Q Total Area Charge $ 3,461.29 C~ Assessable Sewer Area Cost $ 3,461.29 = $ 692.26 per Unit 5 10 Water Main Connection Total Connection Charge $ 13,520.00 Assessable Sewer Area Cost $ 13,520.00 = $ 2,704.00 per Unit 5 11 Sewer Connection Total Connection Charge $ 1,860.00 Assessable Sewer Area Cost $ 1,860.00 = $ 372.00 per Unit 0 5 C~ 12 Future Seal Coat Total Future Seal Coat Charge $ 335.00 Assessable Seal Coat Cost $ 335.00 = $ 67.00 per Unit 5 13 Other - Fox Hollow Lift Station Total Connection Charge $ 940.00 Assessable Sewer Area Cost $ 940.00 = $ 188.00 per Unit 5 o c; 4 e 4 Preliminarv Assessment SummarY e 1 Sanitary Sewer $ 3,894.28 2 Water Main $ 4,159.15 3 Services $ 1,588.59 4 Storm Sewer $ 4,798.94 5 Streets $ 6,643.60 6 Trails $ 7 Park $ 8 Trunk Water Main Area $ 1,243.45 9 Trunk Sanitary Sewer Area $ 692.26 10 Water Main Connection $ 2,704.00 11 Sewer Connection $ 372.00 12 Future Seal Coat $ 67.00 13 Fox Hollow Lift Station Connection $ 188.00 Prelim nary Assessment Rate per Unit $ 26,351.27 e e No.; The actual assessable costs .for items 1 through 7 above will be adjusted from June 2007 by the ENR Construction Cost Index to the time of actual development The assessable costs for items 8 through 13 above will be adjusted from June 2007 to the current City rates at the time of actual development 5 o CITY OF NDOVE @ 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304. (763) 755.5100 FAX (763) 755-8923 . WWW,CJ.ANDOVER,MN.US Mayor and Councilmembers Jim Dickinson, City Administrator Will Neumeister, Community Developmen Director t4.. FROM: Courtney Bednarz, City Plann4 TO: CC: SUBJECT: Public Hearing/Consider Vacation ofEasement/1251 13 8th Lane NW - Planning DATE: August 8, 2007 INTRODUCTION The applicant is seeking to vacate a portion of an existing drainage and utility easement to allow construction of a swimming pool. o DISCUSSION The Engineering Department has compared the existing easement with the 100 year flood elevation of the adjacent floodplain and determined that more easement exists than is necessary. The attached survey shows the area of the easement proposed to be vacated (crosshatched), Staffhas evaluated the situation and contacted the various utility companies to determine if there are obstacles to vacating the drainage and utility easement. There are none. ACTION REOUESTED The Council is asked to hold a public hearing and approve the proposed vacation of easement. Attachments Resolution Exhibit A Location Map Cc: Todd Spanier, 1251 138th Lane NW o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R A RESOLUTION GRANTING THE VACATION OF EASEMENT REQUEST OF TODD SPANIER TO VACATE A PORTION OF THE DRAINAGE AND UTILITY EASEMENT AT 1251 138TI1 LANE NW (pIN 35-32-24-24-0074) LEGALLY DESCRIBED AS FOLLOWS: Lot 29, Block 7 HILLS OF BUNKER LAKE, ANOKA COUNTY, MINNESOTA WHEREAS, the applicant has requested to vacate a portion of a drainage and utility easement as indicated on Exhibit A, and; WHEREAS, the Engineering Department has determined that the proposed vacation of easement will not adversely affect the floodplain or drainage in the surrounding area; and WHEREAS, the City Council finds the request would not have a detrimental effect upon the health, safety, moral, and general welfare of the City of Andover; and o NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of Andover hereby grants the vacation of the drainage and utility easement as indicated on Exhibit A. Adopted by the City Council ofthe City of Andover on this _ th day of August, 2007. CITY OF ANDOVER ATTEST Michael R. Gamache, Mayor Victoria V olk, City Clerk o o o o ~!!~- iff~ h d~ilr"':E: ""f1cn::JC ill! !l~g ~ ,l E~f~~ !i 1i~~::J::J iO' ~ .. .~ ~ ~ ~ d I s g ~ i · o " j (,j ~ I :> ~ z N ~ I III - ~ -~ , I!' ' i~ td _0_ d~'-<::r:l\:l 3" Z....' (0 ~g~t""' ! z i::"'j t""' ...~ !;tjCl.l !l~ tI:l !~ >~ g -~~ p:;' ~ > t<j l--l ~ ~ ~ ~ ~ " z mini ;g ~l!J III I-Ii " Ii ~ J;; ~ '" ;:: ~ R' ... "'D"";;: ~O" =<;o.!j (5 Z '" X :I: iD ::; t""' o .... ~ ~ ! N I . ~ iiI ~ - - .~ W ......Ill III \i!lB'!1, S87"40'0.3"E ~~ ~ 90.26 ~~ :~~i:! ~1i ". ~~ .. / / / <t unuTy // --_/ (JJ r' " Iil Iil - 138TH L;;;; N.W. Iil Iil - - - - - - - - mo 83 ~. "'" " ~.J co - - ~ I ~ o : N o m ~ --~ ~ ~ c:-;.. c:-;.. c.c: C/) '1:3 ~ ;3 ~. (i) "i i '" o " li ~ !l . I g ~ ~ ;; .. .8 . 3 : 3 ! ~ o .. ~ . if I o " ~ ~ . . . EXHIBIT A ~ R. R. ~ ~ C/) (i) ~ 1. (i) ...... ;3 0 c:-;.. ..>, 1. ~ ~ (") ~ c:-;.. ~. 0 ;3 ~ ;3 R. ~ ;:~~;:~;:l')=e lij ~.g~J:'~~;' =: ..... 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'b,p <& '" $?/;:v/13790}l379Y"11~ N 0 ~ ~ (Jl '" 13767 ~ :t iJ! :t ;: J..-.--/ . ;:? ~ ;;flf;; 13784/& 1378! 1378 t? ~ '" ~ ~ N 13764 - - /13778 13779 ~ ~ 13 !!!/13787 0" ~ ~ ~::: ~~63 , '" ~ ~ to ~ gJ ~ 7!3 1377;. 13774 a:tf3m~ ~ ,l 'I, <^_ --.... ~A?6 ;! ~ It! ~ ~ ~ ~ ~ 1376~137611i5 gh~375' -:3...... ~\~ ~'3?8? ~ ,1:~ I A'~t; <0 '~~ ~ i ~ 0 ~ J> 1485" 1= ... ~ ~ N::> ~;!: ~ 1:; . V' ,- ..- <0 g I~ ~ m c;1; ~ ~ ~ ~ ~ ~ 13H. ~ 1426 ~ ~ 19 ~ ~ ~ ~ ~ ~ ~ _ - BUNKER LAKE BLVD - .... ~ '" ~ 1- 5 - 1- - I o M ~ ~~~^ o r..... '- . SUBJECT PROPERTY ~ N Location Map Q @ o o 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members CC: Jim Dickinson, City Administrator FROM: David D. Berkowitz, City Engineer SUBJECT: Award Bid/06-10/Railroad Quiet Zones - Engineering DATE: August 8, 2007 INTRODUCTION The bid opening is scheduled for August 6, 2007. Bid results will be presented at the meeting. Respectfully submitted, ~Q. David D. Berkowitz @ TO: CC: 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW'~S Mayor and Councilmembers "'" ~ , Jim Dickinson, City Administrator ,~ Will Neumeister, Community Development DirectorVL FROM: Courtney Bednarz, City Planne~ SUBJECT: Consider Conditional Use Permit Amendment and Time Extension for Mining Permit/l 6689 Hanson Boulevard NW - Planning DATE: August 8, 2007 INTRODUCTION The applicant is requesting an extension ofthe mining permit that was initially issued in 1989. The permit was previously extended in 1991, 1996 and 2001. At this time the applicant is requesting that the permit be extended for two additional years. o DISCUSSION Purpose of Conditional Use Permit As a part of the permit, a grading plan is required. The purpose of the grading plan is to ensure that city and watershed district requirements are met and to show how the site will look when completed. The permit also allows review of the route and method of transportation, measures to prevent displacement from wind, hours of operation, length ofthe permit and site restoration. Grading Plan Since the last meeting, the applicant has submitted a revised grading plan. The previously approved grading plan is also attached. It should be noted that this pond already exceeds the size shown on the previously approved grading plan as shown in the attached photograph. The Engineering Department and Lower Rum River Watershed Management Organization (LRRWMO) need to review the revised grading plan. A permit from the watershed district is required due to the size of the ponds. Transportation The applicant intends to continue to use the existing access to Hanson Boulevard. Conditions from previous approvals requiring signage and watering of the roadway on the site are included in the attached resolution. o Displacement The ponds are located a significant distance away from adjacent homes and roads as shown on the attached grading plan and location map. Material is not stockpiled on the site, so the only area of exposed earth is in and around the ponds. Upon completion, turf will be required to be established above the normal ground water level. Planning Commission Recommendation The Planning Commission recommended approval of the proposed conditional use permit amendment with a 4-1 vote (two commissioners were absent). The Commission added a condition of approval to require the extent of the proposed pond to be staked and inspected by o staff to prevent any misunderstanding about where the limits of pond #2 will be. ACTION REQUESTED , The Council is asked to approve or deny the proposed conditional use permit amendment. Attachments Resolution Location Map Previously Approved Grading Plan Aerial Photograph Proposed Grading Plan Planning Commission Minutes Cc: Jim Kuiken, 8535 Central Ave #103 Blaine, MN 55434 o o -2,- o o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION APPROVING A CONDITIONAL USE PERMIT AMENDMENT TO EXTEND MINING PERMIT ON PROPERTY LOCATED AT 16689 HANSON BOULEVARD (P.I.D. 16-32-24-42-0001), LEGALLY DESCRIBED AS; The Southwest 1/4 ofthe Southwest 1/4 of Section 11, Township 32, Range 24 except the South 660 feet of the West 687 feet thereof; also except roads subject to easements of record. WHEREAS, the applicant has requested an amendment to the existing Conditional Use Permit to extend the time allowed for mining ofthe subject property; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of City Code 12-8-4; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Conditional Use Permit Amendment; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Conditional Use Permit Amendment to extending the time allowed for mining of the subject property subject to the following conditions: 1. The permit shall expire in December of 2009. 2. The site shall be graded to conform to the grading plan dated November 10, 2006. Mining of other areas ofthe site shall be prohibited. 3. The applicant shall stake the limits ofthe easterly pond as shown on the approved grading plan. 4. This permit shall be subject to annual site inspection to determine compliance with the City Code and the conditions of this permit. 5. The hauling of material is limited to Monday through Friday, 8:00 A.M. to 8:00 P.M. and Saturdays, 8:00 A.M. until 4:00 P.M. 6. The applicant shall obtain all necessary permits, including, but not limited to, the following organizations: Department of Natural Resources, U.S. Army Corps of Engineers, and Lower Rum River Watershed Management Organization. 7. Safety precautions shall be taken at the end of each working day to prevent injury to anyone who may be near the mined area. -3- 8. Temporary signs facing both directions on Hanson Bouelvard shall be placed near the o driveway at Hanson Boulevard at any time trucks are hauling. 9. The roadway on the subject property shall be regularly watered to control dust. 10. Upon completion, turf shall be provided over all disturbed areas above the normal ground water level. Adopted by the City Council of the City of Andover on this _ day of ,2007. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Victoria V olk, City Clerk o o f- C ,....0 E ~ ......l\l ~~I oQ)m '0",<0 C::lCD <( CD '+-COT""" OC..... ~.Q 55 O~-5 C C OQ) ()E <( i:i z w C> cc :3 ~ ~ 1:& ~ c... ): ~ ~ ~.DD ] :S~ G ;; ~ ~ 0 '" '" .... ",'" 0 0 _W ~ 0 <!)'" .... '" ~~ " 0 oi .c 8 ig~ 0 <ll ,~ '" " Oz ~ ;a => 0:> iU , ~o $ iU ~ 1ij ..tl Cll "';2 '" 0 0 g.g-~ ~o oZ :2:20 Ul<{ \ Q ~ ~ I CJ 1\ \\ Z ~ --. ~F=?IP'lION: e.,\;./ Y..t of' '?W V..<t C~ PIN NU,..,p)eS:,: ~ll "?2.. z...,. '?? 0001 fL.A.l ~' PAI2L-e..l... HO.~ (p.o;"'I11 &000 pIZOF'<::.r<:T'1 O"'l1-JE:.R.: DI~K. f e:.t...A.JNe KUI K.E.N TT -r I I . \ \ I I \ J \ \ " \ "'4:>0.'\4-' N () If' \ ........... \ C <?otJlliW.::..,T c:..Or.:N~r-.. ::"~ ,,:>E~. II ~i.....~: I":> ZOO' t N " ->r &i:'STr75J tcJrti"if) - If-I .s'I~/~ .f=~n'o ill' r(.(.r~ I _ Pr"~.,j 'ZoN1''t'\~ - 12.-1 (,NO c.~"'c!e.) ~- ..JI- o c o -7- ;' I i o POND AS-BUILT NORLEX TURF Andover, Minnesota ,p~c Pc%,o.=.-D U>U.Cl"'C, ~ I I I I I I r- 1 ~I ~ ~I ~ ';rl -i- 81 C]) C'.l ~ 2:1 Cl oc 1 <( > w 0 ...J ::l 0 CD 2: 0 (/) z <( :J: I --____ 588'44'48"E + --r--i-'3u.21--GRAPHIC SCALE -- . / \ 200 D 100 200 4ClCI / \ k..-'- ~ I Ii / (INFEET) I / \ 1 inch =200 ft. I -- -- -- -- ~:- __ / \ *EXlSTlNG PO DING AND CONTOUR I -- :g / -- -- __ Dllal INFORMATION ROVlDED BY OTHERS ----- --__ ~ I -- I- __ --PIPELINE-- -- __ __ \ ~ I I ;tJf ~_ -- ~SEM€p-;' -- -- -- -- __ I I !////- --~~~ ~ -- __ __ -- __ __ I II//f -l11\\ -- -- __ -- -- __ \ 1\I\l =~ U\l\ / -- ---- \ \\\\\ ~~a:.'1 JJIIJ / ~\\\ ~ / \~ -0~ \,~~~ I - "......-=-~ / "" / " "to \ \ I \ , o -~ ... t1 PLIIWI -- ... IIIlIUD____ .- ..... 1M _ --- --- 1...~1htIt tIlIIIp/tlII___by". "'_ ,. _ -,. -~ tlIItIlhtIt I _ . .... u....; I'rrt- , - ~ ~,. - ., IMJ1Id- ."...../J l o..w<1ri G Go SCHUCH D47e _ 14 Jlf1MUCENSE' 41J!ll5 -tY - o o o Regular Andover Planning and Zoning Commission Meeting Minutes - June 26, 2007 Page 4 ~ PUBLIC HEARING: CONDITIONAL USE PERMIT AMENDMENT (06-09) TO EXTEND MINING PERMIT FOR PROPERTY LOCATED AT 16689 HANSON BOULEVARD NW, Mr. Bednarz stated the applicant is requesting an extension of the mining permit that was initially issued in 1989. The permit was previously extended in 1991, 1996 and 2001. At this time the applicant is requesting that the permit be extended for two additional years. Mr. Bednarz discussed the staff report with the Commission. It was noted the applicant was not at the meeting. Chairperson Daninger asked if the applicant was notified that this would be on this evenings agenda. Mr. Bednarz indicated they were. , Commissioner Kirchoff asked if anyone gets credit for the wetlands. Mr. Bednarz stated they could potentially be for the property owner. Commissioner Falk asked in the grading plan ifthe staff report is referring to the second pond. Mr. Bednarz indicated it was. He showed an aerial ofthe property. Commissioner Walton asked if with the additional traffic on Hanson Boulevard, did they have any transportation concerns in or out of this site. Mr. Bednarz explained it has not been an issue in the past. He stated it is somewhat infrequent where they are taking material from the site. Commissioner Falk wondered by creating a bigger pond, how will it effect surrounding properties. Mr. Bednarz explained there are not many properties around. He showed the site map showing a few ofthe residents around the property. Motion by Falk, seconded by Kirkoff, to open the public hearing at 7:23 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. Mr. Byron Westlund asked if there is an amendment to the plan will this need to go back to the Lower Rum River Watershed District for approval. Mr. Bednarz stated they would. Mr. James Selmer, 17000 Ward Lake Drive, asked if this is the black dirt being taken out to create a larger pond. Mr. Bednarz indicated that was correct. Mr. Selmer asked how big the pond will get. Chairperson Daninger explained there was a map showing the size ofthe pond. Motion by Walton, seconded by Kirchoff, to close the public hearing at 7:25 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. --<1- o Regular Andover Planning and Zoning Commission Meeting Minutes -June 26,2007 Page 5 Commissioner Falk wondered if they needed to add a clause regarding the applicant needing to get a permit from the Watershed District. Mr. Bednarz explained it is actually in item five. Chairperson Daninger stated he was here in 2001 when this was extended and he has some concerns with this. Right now the pond is already larger than what the permit says and they have already has extended the permit several times and he wondered when the , mining activity will end. He stated he was going to vote against this because of those concerns. Commissioner Walton asked if the customary time for a CUP is one year and then it is reviewed to see if it will be approved or extended again. Mr. Bednarz explained that was not necessarily the case. The City determines how long a CUP can run and this one has been 5 years in the past. o Commissioner Walton asked if there was a requirement for signage on Hanson Boulevard because he did not recall seeing truck delivery signs along Hanson Boulevard and traffic goes very fast north of 16151 and he thought they were setting themselves up for a potential mishap in the future if this were allowed to continue. Commissioner Cleveland stated he drove along there today and there were not any signs up. Mr. Bednarz indicated signs are only required when they are hauling. Commissioner Walton wondered if they could get signs posted permanently for while the mining is allowed on the parcel. Commissioner Kirchoff did not think that would be wise because after time people do not see permanent signs and may be more of a hazard. Commissioner Walton thought that was a good point. Mr. Bednarz indicated they can make sure signs are posted while they are hauling. Commissioner Walton wondered if they could amend the resolution, if approved, to one year instead of two. Mr. Bednarz indicated they could. Commissioner Holthus wondered if the CUP extension is not granted what happens to the size of the ponds. Mr. Bednarz stated if the permit is denied, they will be asking the applicant to restore the property to the previously approved grading plan. Commissioner Holthus wondered how that was enforced. Mr. Bednarz explained the course of action they will take. Commissioner Cleveland wondered if the shape of the pond has to do with where the black dirt is located because it does not look like the grading plan. Mr. Bednarz tended to agree that the aerial photograph did not look like the grading plan submitted and there would need to be some modification in the area to meet the proposed plan. o Commissioner Kirchoff asked how much over they exceeded their mining of the area. Mr. Bednarz stated it was difficult to put a number on it but he guessed the second pond was twice the size of the previously approved grading plan. -/0 - o o o Regular Andover Planning and Zoning Commission Meeting Minutes -June 26, 2007 Page 6 Commissioner Walton wondered if they could table this item until they would be able to get the applicant before them. The Commission indicated they did not have a problem with tabling this. Motion by Walton, seconded by Casey, to table this item until July 10, 2007 to allow the applicant to be present for questions. Chairperson Daninger indicated he would like the applicant to be ready with answers to their questions brought up at this meeting. Motion carried on a 7-ayes, O-nays, O-absent vote. Mr. Bednarz indicated this item will be brought back to the July 10,2007 meeting. PUBLIC HEARING: REZONING (07-01) TO CHANGE THE ZONING D 1GNATION FROM SINGLE FAMILY RURAL RESIDENTIAL (R-1) TO SIN E FAMILY URBAN RESIDENTIAL (R-4) FOR OUTLOTS A, BAND C OF WOOD 'D ESTATES SECOND ADDITION.. Mr. Bednarz plained the Planning Commission is asked to review the proposed rezoning to allo the Woodland Estates 3 rd Addition to move forward. the staff report with the Commission. Commissioner Falk asked 1 the future, if this development expands will there be emergency access through Ve rans Memorial. Mr. Bednarz indicated the street would connect if the development were panded in the future. Motion by Casey, seconded by Walto , to open the public hearing at 7:42 p.m. Motion carried on a 7 -ayes, O-nays, O-absent vote. Ms. Carol McCormick, 15172 Uplander Street W, stated having seen the development in the community, she was noticing a variance in hat the allowances were for where houses would be placed on lots once developed full . She wondered how far back from the street a house must be placed. Mr. Bednarz stated setback from the property line minimum is thirty-five feet and additionally there is a bou vard area from the property line to the curb that is typically about 13 Y, feet. Ms. McCormick asked if the cul-de-sac will be placed past the las Bednarz indicated that was correct. Ms. McCormick asked when the developer is authorized to develop the Ian and get it ready for construction. Mr. Bednarz indicated after the preliminary plat is ap oved the -//-- o c.; o @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANDOVER.MN,US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator Will Neumeister, Community Developm FROM: Chris Vrchota, Associate Planner~ SUBJECT: Discuss Animal Control Code - Planning DATE: August 8, 2007 INTRODUCTION The City Council recently directed the Planning Commission to consider whether or not changes are needed to the City's Animal Control code. At their July 24 meeting, the Planning Commission considered whether changes or clarifications were needed to address the following issues: . Nuisance Dogs/Barking . Potentially Dangerous Dogs . Restraint . Basic Care DISCUSSION The information that was given to the Planning Commission to consider is included below. A summary their feedback on each issue is provided in italics below that. Nuisance Dogs/Barking Excessive/constant barking is covered in section 5-1A-l ofthe City Code, under the definition of "Nuisance". It has been suggested that this section does not adequately define a nuisance dog or nuisance barking, and that additional language might be necessary. The City of Plain view (code attached) has a more refined definition of what constitutes a habitually barking dog: "Habitual barking shall be defined as barking for repeated intervals of at least five minutes with less than one minute of interruption". The Planning Commission liked the idea of adding a definition for "habitual barking", andfelt that 5 minutes was a reasonable time frame. Based on input from a resident sitting in the audience, they also felt that a definition for "frequent barking" should be explored. This would be to address instances where a dog may bark for a period shorter than 5 minutes, but do so repeatedly throughout the day or night. Staff can see if other, cities have a definition of frequent barking, or can create one, if the Council would like to see it added to the code. There was also a lengthy discussion on the definition of "annoy/annoying". Due to the highly subjective nature of the concept of an annoyance, this word would be very difficult to define in the City Code. Potentially Dangerous Dogs Potentially dangerous dogs are also defined in 5-1A-1. While it is fairly detailed, the word "unprovoked" is undefined, which could lead to it being interpreted differently by different readers. The City of Plain view Code (attached) includes a definition of "unprovoked", which could further clarify this section. The Planning Commission agreed that the definition of "unprovoked" found in the Plainview City Code would be a logical addition to Andover's City Code. Restraint The question has been raised of whether or not invisible fencing constitutes a suitable restraint for a dog when no other restraint (leash, physical fence, etc...) is present. The definition of "Restraint" is also in City Code 5-1A-1. Up to this point, staff and the Anoka County Sheriffs Department have interpreted this definition to include invisible fencing as a permissible method of restraint. That interpretation has been called into question. A more specific definition might be needed to clarify what constitutes "restraint". The City of Lakeville Code (attached) has a very good definition of "restraint", that may be worth considering as language that could be amended into our City Code. Under this definition, invisible fencing would be permissible. After a lengthy discussion, the Planning Commission concluded that an invisible fence that succeeds in containing a dog on a property could be considered "restraint", but one that does not would not be considered "restraint ". They did not think that invisible fencing should be identified as an acceptable or unacceptable restraint in the code, but rather considered on a case-by-case basis. There was some thought that a setback should be required for invisible fencing to prevent dogs from approaching people walking past the property on the street or sidewalk. No specific changes to the definition of "restraint" were recommended Basic Care It was also suggested that a section on "Basic Care" found in the Plainview Code be adopted. Upon review of Andover's Animal Control Code, staff feels that this issue is addressed satisfactorily by section 5-1A-9: Improper Care and Treatment Prohibited. This section could potentially be renamed "Required Basic Care and Prohibited Treatment" or something similar to further clarify what is included in the section. The Planning Commission agreed that the existing language in 5-1A-9 was sufficient, but that it could be re-titled to alleviate any confusion. SUMMARY Animal control is a difficult issue for all cities to deal with. Whether or not the changes discussed above are made, some level of subjectivity will remain in the interpretatiOJ). and enforcement of this code section. The changes might remove some degree of ambiguity from the code or address a few specific situations, but it is unlikely that they would eliminate all questions on how the ordinance is interpreted or enforced. Each person has their own definition of concepts like "annoy", "habitual", "repeated", "restraint", and as such, it is likely that there will continue to be cases where the code cannot or does not offer a solution that will satisfy all parties involved. o z. o c Attachments City Code 5-1A: Animal Control: Dogs and Cats Exhibit A- City of Plain view Code- Nuisance Dogs/Barking Exhibit B- City of Lakeville Code- Definition of "Unprovoked" Exhibit C- City of Lakeville Code- Restraint Exhibit D- City of Plain view Code- Basic Care 05.22.07 City Council Workshop Minutes 06.26.07 City Council Workshop Minutes 07.24.07 Planning Commission Meeting Minutes Letter From Resident ACTION REOUESTED The City Council is requested to give staff further direction on whether or not the recommended changes and/or any additional changes should be made to the Animal Control code. If changes are recommended, staff will prepare the code amendment(s) and begin the process. R7P~ Chris Vrchota 3 Q SECTION: 5-1A-1: 5-1A-2: 5-1A-3: 5-1A-4: 5-1A-5: 5-1A-6: 5-1A-7: 5-1A-8: 5-1A-9: 5-1A-10: 5-1A-11: 5-1A-12: 5-1A-13: 5-1A-14: 5-1A-15: 5-1A-16: 5-1A-17: 5-1A-18: 5-1A-1: At\~oJ"'" CHAPTER 1 ANIMAL CONTROL ARTICLE A. DOGS AND CATS Definitions Dog Licensing Requirements; Exemptions Number Of Dogs And Cats Restricted Violations Control Of Animal; Excrement Removal Required Obligation To Prevent Nuisances Impoundment And Redemption Provisions Permissible Return Of Unrestrained Dogs And Cats Improper Care And Treatment Prohibited Muzzling Proclamation Dangerous And Potentially Dangerous Dogs And Cats Summary Destruction Of Certain Dogs Dog Kennels Dog Enclosures Enforcement Officials Citations Abatement Of Nuisance Conditions Violation; Penalty DEFINITIONS: Any premises designated by the City Council for the purpose of impounding and caring for the dogs and cats held under the authority of this article. ANIMAL SHELTER: BITING DOG: o Any dog which, without being provoked, has bitten, scratched, or caused other injury or threatens such injury to a person or another domestic animal, under circumstances where, at the time of the threat of attack, the person or domestic animal was lawfully on the premises upon which the victim was legally entitled to be, or the victim was on the premises owned or controlled by the owner of the dog, at the express or implied invitation of the owner. 1 DANGEROUS DOG/CAT: Any dog/cat that has: DOG ENCLOSURE: o KENNEL; COMMERCIAL 1: KENNEL; PRIVATE 3 : A. Without provocation, inflicted substantial bodily harm on a human being on public or private property; or B. Without provocation, killed or inflicted substantial bodily harm on a domestic animal while off the owner's property; or C. Been found potentially dangerous, and after the owner has been notified that the dog/cat is potentially dangerous, the dog/cat aggressively bites, attacks, or endangers the safety of humans or domestic animals. An enclosure (of sufficient size) constructed for shutting in or enclosing dogs. The enclosure shall be surrounded and covered with fencing material of at least six feet (6') in height and of sufficient gauge to ensure the dog's confinement. A cement pad of four inches (4") in thickness shall be present that covers the inside and perimeter of the enclosure. Any place where a person accepts dogs from the general public and where such animals are kept for the purpose of selling, boarding, breeding, training, or grooming, except for a veterinary clinic. There shall be a fenced yard or dog enclosures present to prevent the running at large or escape of dogs confined therein 2. A place where more than three (3) dogs over six (6) months of age are kept for private enjoyment and not for monetary gain, provided such animals are owned by the owner or the lessee of the premises on which they are kept. There shall be a fenced yard or dog enclosures present to prevent the running at large or escape of dogs confined therein4. 1 See also section 12-2-2 of this code, definition of "dog kennel, commercial". 2 See title 12, chapter 7 of this code for fence requirements and restrictions. 3 See also section 12-2-2 of this code, definition of "dog kennel, private" 4 See title 12, chapter 7 of this code for fence requirements and restrictions. o 5 o NUISANCE: It shall be considered a nuisance for any animal: A. To bite, attack or endanger the safety of humans or domestic animals; B. To run at large; to habitually or frequently bark or cry; C. To frequent school grounds, parks, or public beaches while unrestrained; D. To chase vehicles; to molest or annoy any person if such person is not on the property of the owner or custodian of the animal; E. To molest, defile, destroy any property, public or private; or F. To leave excrement on any property, public or private. o OFFICER: Any law enforcement officer of the city and persons designated by the city to assist in the enforcement of this article. OWNER: Any person, firm, partnership or corporation owning, harboring, or keeping dogs or cats. POTENTIALLY DANGEROUS DOG/CAT: Any dog/cat that: A. When unprovoked inflicts bites on a human or domestic animal on public or private property; B. When unprovoked, chases or approaches a person, including a person on a bicycle, upon the streets, sidewalks, or any public or private property, other than the dog/cat owner's property, in an apparent attitude of attack; or o C. Has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals. b o o o RESTRAINT: A dog or cat shall be deemed to be under restraint if it is on the premises of its owner or if accompanied by an individual and under that individual's effective control. (Amended Ord. 233, 11-4-1997; amd. 2003 Code) 5-1A-2: DOG LICENSING REQUIREMENTS; EXEMPTIONS: A. License Required: No person shall own, keep, harbor or have custody of any dog over six (6) months of age without first obtaining a license from the City Clerk. No license shall be issued to any person other than the owner except upon the written request of owner. B. Application For License: Applications for license shall be made on forms prescribed by the City Clerk, which form shall set forth the following: 1. The name, address and telephone number of the owner; 2. The name and address of the person making the application, if other than the owner; and 3. The breed, sex, and age of the dog for which a license is sought. C. Rabies Vaccination Required: Every application for a license shall be accompanied by a certificate from a qualified veterinarian showing that the dog to be licensed has been given a vaccination against rabies to cover the licensing period. No license shall be granted for a dog that has not been vaccinated against rabies for a time sufficient to cover the licensing period. Vaccination shall be performed only by a doctor qualified to practice veterinary medicine in the state in which the dog is vaccinated. (Amended Ord. 233, 11-4-1997) D. License Fee; Expiration Of License: The license fee shal be in such amount as set forth by ordinance 1 and shall expire in accordance with the date shown on the license receipt. (Amended Ord. 233, 11-4-1997; amd. 2003 Code) E. Nonresidents Exempt: This section shall not apply to nonresidents of the city; provided, that dogs of such owners shall not be kept in the city longer than thirty (30) days without a license and shall be kept under restraint. (Amended Ord. 233, 11-4-1997) 1 See subsection 1-7-3A of this code. 1 5-1A-3: NUMBER OF DOGS AND CATS RESTRICTED: No person, firm or corporation shall harbor more than three (3) dogs over the age of six (6) months in anyone-family residence unit or place of business except pursuant to Section 5-1A-13 of this article, and no person, firm or corporation shall harbor more than three (3) cats over the age of six (6) months in any one- family residence unit or place of business that is located on a parcel of land three (3) acres or less. (Amended Ord. 233, 11-4-1997) 5-1A-4: VIOLATIONS: A. Nuisance Dogs And Cats: No dog/cat shall be permitted to be a nuisance within the limits of the city. Any person who owns, keeps, harbors or is in physical control of a dog/cat that is a nuisance shall be in violation of this article. (Amended Ord. 233, 11-4-1997) B. Revoked Licenses: Any person who owns, keeps or harbors or is in physical custody of any dog within the city, for any period of time, which dog has had its license revoked, shall be in violation of this article. (Amended Ord. 233, 11-4-1997; amd. 2003 Code) o 5-1A-5: CONTROL OF ANIMAL; EXCREMENT REMOVAL REQUIRED: A. Control Required: 1. The restriction imposed by Section 5-1A-4 of this article shall not prohibit the appearance of any dog or cat upon streets or public property when such dog or cat is on a leash and accompanied by an individual or accompanied by and under the control and direction of an individual so as to be as effectively restrained by command as by leash. 2. Dogs or cats that are on or directly adjacent to all athletic fields must be leashed. B. Removal Of Excrement: Owners are required to clean up and dispose of their pet's excrement. (Amended Ord. 233, 11-4- 1997; amd. 2003 Code) o 5-1A-6: OBLIGATION TO PREVENT NUISANCES: It shall be the obligation and responsibility of the owner or custodian of any animal in the city, whether permanently or temporarily therein, to prevent such animal from committing any act which constitutes a nuisance. Failure on the part of the owner ~ o or custodian to prevent his or her animals from committing an act of nuisance shall be subject to the penalty herein provided. (Amended Ord. 233,11-4-1997) 5-1A-7: IMPOUNDMENT AND REDEMPTION PROVISIONS: A. Impoundment Of Dogs And Cats: 1. Unrestrained Dogs And Cats: Unrestrained dogs and cats may be taken by any "officer" as hereinbefore defined and impounded in an animal shelter and there confined in a humane manner. Impounded dogs and cats shall be kept for not less than five (5) regular business days unless reclaimed prior to that time by their owner as provided hereafter. o 2. Dangerous Dogs And Cats: a. Whenever any owner of a dog/cat shall learn that such dog/cat has bitten, attacked, or threatened any other human being or domestic animal, such owner shall immediately impound said dog/cat in a place of confinement where it cannot escape or have access to any other human being or animal, and it shall also immediately notify any peace officer, dog/cat catcher, or other person authorized by the City Council. Whenever such authorized person, peace officer or dog/cat catcher shall learn that , any human being has been bitten by any dog/cat within the city, he/she shall ascertain the identity of such dog/cat and the persons who might meet the definition of owner as found elsewhere in this article, and shall immediately direct such person to forthwith impound such dog/cat as required herein. If in the opinion of such peace officer, dog/cat catcher, or other authorized person, the owner of such a dog/cat cannot or will not so impound the dog/cat, such peace officer, dog/cat catcher, or other authorized person shall transport such dog/cat to the pound under contract to the city. Any dog/cat so impounded shall be kept continuously confined for a period of fourteen (14) days from the day the dog/cat bit a human being. The cost of such impounding and confinement shall be borne by the owner of the dog/cat, if such owner can be found, which costs shall be as stated for impounding and confinement elsewhere in this article. o b. Upon learning that a dog/cat has bitten a human being, the peace officer, dog/cat catcher, or other authorized person shall immediately notify the City Health Officer and inform him/her of the place where the dog/cat is impounded. It shall be the duty of the City Health Officer to inspect said dog/cat from time to time during its period of fourteen (14) days' confinement, and to determine whether or not such dog/cat may be infected with rabies. For this purpose, he/she shall have access to the premises where such dog/cat is kept at all reasonable hours, and may take possession of the dog/cat and confine it at such OJ o place as he/she deems appropriate at the expense of the owner. c. If an owner has impounded a dog/cat pursuant to the request of a peace officer, dog/cat catcher, or other authorized person, the owner shall promptly transport said dog/cat to the pound under contract to the city for the. purposes stated above. If the owner refuses to do so, and refuses to allow a peace officer, dog/cat catcher or other authorized person to transport the dog/cat to the contract pound, the owner shall be in violation of this article. B. Notice Of Impoundment: 1. Posted Notice: Upon taking up and impounding any dog or cat, the animal control officer shall, within one day thereafter, have posted in the City Hall a notice of impounding in substantially the following form: NOTICE OF IMPOUNDING DOG/CA T: Date ,20_ To whom it may concern: o We have this day taken up and impounded in the pound of the city at , a dog/cat answering the following description: sex color breed approximate age name of owner (if known) Notice is hereby given that unless said dog/cat is claimed and redeemed on or before o'clock _ .M., on the day of , 20_, the same will be sold or humanely destroyed as provided by ordinance. Signed: Animal control officer/city official 2. Written Notice: If the owner of said dog or cat be known, written notice of impounding, in lieu of posted notice, shall be give n to the owner thereof either by mail or personal service. 3. Effect Of Notices: The date of sale or humane destruction of the dog or cat shall be the sixth day after posting of the notice or giving notice unless the animal shelter at which the dog or cat is impounded is closed to the public, in which case, it shall be the following day. (Amended Ord. 233, 11-4-1997) o ID o C. Redemption Of Impounded Dogs And Cats: Any dog or cat may be reclaimed from the animal shelter by its owner within the time specified in the notice by the payment to the City Clerk or his/her designate of the license fee (if not paid for the current period) with an impounding fee as set by contract with the city's animal control officer. Notwithstanding this subsection, the owner shall remain subject to all penalties contained in this article. (Amended Ord. 233, 11-4-1997; amd. 2003 Code) D. Disposition Of Unclaimed Dogs And Cats: 1. Sale: Any dog or cat which is not claimed as provided in Subsection B of this section, within five (5) days, after posting of the impoundment notice, may be sold for not less than the expenses incurred for impoundment, if not requested by a licensed educational or scientific institution under Minnesota state law. All sums received from the sale of dogs or cats under this subsection shall be deposited into the general fund of the city. o 2. Destruction: Any dog or cat which is not claimed by the owner or sold or transferred to a licensed educational or scientific institution shall be painlessly and humanely destroyed and buried by the animal control officer. (Amended Ord. 233, 11-4-1997) 5-1A-8: PERMISSIBLE RETURN OF UNRESTRAINED DOGS AND CATS: Notwithstanding the provisions of Subsection 5-1A-7A of this article, if an animal is found unrestrained ard its owner can be identified and located, such animal need not be impounded but may, instead, be taken to the owner. In such cases, however, proceedings may be taken against the owner for violation of this article. (Amended Ord. 233, 11-4- 1997) 5-1A-9: IMPROPER CARE AND TREATMENT PROHIBITED: A. No owner shall fail to provide any animal with sufficient good and wholesome food and water, proper shelter and protection from the weather, veterinary care when needed to prevent suffering, and with humane care and treatment. B. No person shall beat, treat cruelly, torment or otherwise abuse any animal, or cause or permit any dog or cat fight. No owner of a dog or cat shall abandon such animal. (Amended Ord. 233,11-4-1997) o 5-1A-10: MUZZLING PROCLAMATION: Whenever the prevalence of rabies renders such action necessary to protect the public health and safety, the Mayor shall issue a proclamation ordering every person owning or keeping a dog to muzzle it securely so that it cannot bite. No person shall \tiolate such II o o proclamation, and any unmuzzled dog unrestrained during the time fixed in the proclamation shall be subject to impoundment as heretofore provided, and the owner of such dog shall be subject to the penalty hereinafter provided. (Amended Ord. 233, 11-4-1997) 5-1 A-11 : DANGEROUS AND POTENTIALLY DANGEROUS DOGS AND CATS: A. Dangerous Dogs And Cats: In the event that a complaint is received which, in the judgment of the City Clerk, occurred under circumstances which would justify the classification of the dog/cat as a dangerous dog/cat under this article, the City Clerk shall place the issue on the next available agenda of the City Council and shall notify the owner of the dog/cat, in writing, of the time and place of the Council meeting at which the matter shall be heard. The notice shall inform the owner that a request has been made to classify the dog/cat as a dangerous dog/cat and the City Council shall hear such facts as any interested parties may wish to present, and shall, by resolution, determine whether or not to classify the dog/cat as a dangerous dog/cat. Such a determination shall be made upon the basis of whether or not the criteria as found in Section 5-1 A-1 of this article, definition of the term "dangerous dog/cat", have been met. No variances shall be permitted from the strict terms of said definition. In the event a dog/cat is classified as a dangerous dog/cat, the following shall apply: 1. The owner of the dog/cat shall be notified in writing and by certified mail or personal service, that the dog/cat has been classified as a dangerous dog/cat and shall be furnished with a copy of the resolution. 2. If the dog/cat was impounded and photographs or other identifying characteristics obtained, such photographs or other identifying materials shall be placed in a permanent file indexed under the owner's name. If the dog/cat is not impounded, the owner shall be notified that the dog/cat . license shall be revoked unless, within ten (10) days after receipt of the notice, the owner furnishes to the city suitable photographs or other identifying materials of the dog/cat, or makes the dog/cat available for the taking of photographs by city staff for insertion in the permanent files. 3. The City Clerk shall maintain a permanent file of all dogs/cats classified as dangerous dogs/cats indexed under the owner's name. 4. No person may own a dangerous dog/cat in the city unless the owner complies with this section. Compliance with the registration requirement of Minnesota Statutes Section 347.51 shall constitute compliance with this article. The owner of the dangerous dog/cat must present sufficient evidence that: \2.. o a. A proper enclosure exists for the dangerous dog/cat and a posting on the premises with a clearly visible warning sign, including a warning symbol to inform children that there is a dangerous dog/cat on the property; and b. A surety bond issued by a surety company authorized to conduct business in the State of Minnesota in a form acceptable by the city in the sum of at least fifty thousand dollars ($50,000.00) payable to any person injured by the dangerous dog/cat, or a policy of liability insurance issued by an insurance company authorized to conduct business in the State of Minnesota in the amount of at least fifty thousand dolars ($50,000.00), insuring the owner of any personal injuries inflicted by the dangerous dog/cat. The requirements for the warning sign or warning symbol shall be those as set forth in Minnesota Statutes Section 347.51. (Amended Ord. 233, 11-4- 1997) o c. The owner of a dangerous dog/cat shall keep the dangerous dog/cat, while on the owner's property, in a proper enclosure. If the dog/cat is outside the proper enclosure, the dog/cat must be muzzled and restrained by a substantial chain or leash and under the physical restraint of an individual. The muzzle must be made in a manner that will prevent the dog/cat from biting any person or animal but that will not cause injury to the dog/cat or interfere with its vision or respiration. d. The animal control a uthority for the city shall immediately seize any dangerous dog/cat if: 1) after fourteen (14) days after the owner has been notified that the dog/cat has been declared a dangerous dog/cat, the dog/cat is not validly registered as set forth herein; 2) after fourteen (14) days after the owner has been notified that the dog/cat has been declared a dangerous dog/cat, the owner does not secure the proper liability insurance or surety coverage as applied by this article; 3) the dog/cat is not maintained in the proper enclosure; or 4) the dog/cat is outside the proper enclosure and not under physical restraint of an individual. (Amended Ord. 233, 11-4- 1997; amd. 2003 Code) 5. The following are exceptions to the dangerous dog/cat classification: a. The provisions of this section do not apply to dangerous . dogs/cats used by law enforcement officials for official work. o b. Dogs/cats may not be declared dangerous if the threat, injury, or damage was sustained by a person: 1) who was committing a willful trespass or other tort upon the premises occupied by the \?, o owner of the dog/cat; 2) who was provoking, tormenting, abusing or assaulting the dog/cat or who can be shown to have repeatedly, in the past, provoked, tormented, abused, or assaulted the dog/cat; or 3) who was committing or attempting to commit a crime. 6. Nothing in this chapter, nor the enactment of any other procedures herein enumerated, shall be deemed to limit, alter, or impair the right of the city or any person to seek enforcement through criminal prosecution of any violation of this article, and the fact the city may be pursuing classification of a dog/cat under this article shall prevent or prohibit the prosecution at the same time of an owner of a dog/cat for violation of this chapter under facts arising "from the same occurrence as that which generated classification procedures. The classification procedures shall be in addition to, and not in place of, criminal prosecution under other portions of this chapter or other ordinances. (Amended Ord. 233,11-4- 1997) o Potentially Dangerous Dogs And Cats: In the event thata complaint is received which, in the judgment of the City Clerk, Sheriff's Deputy, animal control officer, or other duly authorized person, occurred under circumstances which would justify the classification of the dog/cat as potentially dangerous under this article, the City Clerk shall notify the owner of the dog/cat, in writing, that the dog/cat has been classified as potentially dangerous under this article. Said notice shall further inform the owner that should the dog/cat again aggressively bite, attack, or otherwise endanger the safety of humans or domestic animals, the city may declare the dog/cat to be a dangerous dog/cat and be subject to the restrictions thereon, including abatement. Said authorization shall forward a copy of the notice of potentially dangerous dog/cat to the City Clerk. (Amended Ord. 233,11-4-1997; amd. 2003 Code) 5-1A-12: SUMMARY DESTRUCTION OF CERTAIN DOGS: Whenever an officer has reasonable cause to believe that a particular dog presents a clear and immediate danger to residents of the city because it is infected with rabies (hydrophobia) or because of a clearly demonstrated vicious nature, the officer, after making reasonable attempts to impound such dog, may summarily destroy said dog. (Amended Ord. 233,11-4-1997) . B. 5-1A-13: DOG KENNELS: A. Licensing Requirements: 1. Licenses Required: No person, firm or corporation shall operate or maintain a commercial or private kennel without first securing a kennel license therefore from the City Council and meeting the criteria as set forth o \LI o in this article and/or the zoning ordinance 1 . 2. Applications For Licenses; Fees: a. Application for a kennel license shall be made on forms provided by the city. Such application shall contain the following information: (1) Location, on premises, of the kennel. (2) Location of structures for housing the dogs. If the dogs are to be kept primarily within the home or other building of the residence of the applicant or of any other person, the application shall so state. (3) The maximum number of dogs to be kept on the premises. (4) The location, size, and height of dog enclosures, if present. (5) The location and type of fencing (if present); fencing to be of such quality, design and height so that it will contain the dogs 2 . (6) Method to be used in keeping the premises in a sanitary condition. o (7) Method to be used in keeping dogs quiet. (8) An agreement by the applicant that the premises may be inspected by the city at all reasonable times. b. The City Council may impose additional requirements to be stated in the application or more restrictive requirements than those listed in Subsection A2a of this section to protect the health, safety, general welfare and morals of the general public. (Amended Ord. 233, 11-4-1997) c. Application for such license shall be made to the City Clerk and shall be accompanied by a specified license fee that shall be as set in Subsection 1-7-3A of this code. 3. Approval Or Denial Of Licenses: The City Clerk shall refer private kennel license applications to the City Council and commercial kennel license applications to the Planning and Zoning Commission as set forth in the zoning ordinance. In both cases, the City Council may grant or deny the license. 4. Renewal Of Licenses: All kennel licenses shall be renewed annually. o 1 See section 12-15-6 of this code. 2 See title 12, chapter 7 of this code for fence regulations and restrictions. Ie;' o Application for such license renewal shall be made to the City Clerk and shall be accompanied by a specified license fee, which annual license fee shall be in such amount as set forth by ordinance 1. The City Council shall review and approve all license renewal applications, provided no revocation of the license is made as specified in Subsection A6 of this section. 5. Requirements For Private/Commercial Kennel Licenses: A minimum of two and one-half (2.5) acres in a residentially zoned district is required for a private/commercial dog kennel license (provided that the adjacent lot sizes are predominately similar in size). A private/commercial dog kennel license shall not be issued unless a Conditional Use Permit has been granted by the City Council in accordance with the zoning ordinance. Amended Ord. 233,11-4-1997; amd. 2003 Code) 6. Revocation Of Licenses: Any kennel license may be revoked by the City Council by reason of any violation of this article or by reason of any other health or nuisance ordinance, order, law or regulation. o a. Private Kennel License: Before revoking a private kennel license, the licensee shall be given notice of the meeting at which such revocation is to be considered. Notice of the meeting shall be given in writing five (5) days prior to said meeting. The licensee, if present at said meeting, shall be given the opportunity to be heard. b. Commercial Kennel License: A commercial kennel license may be revoked by the City Council by the procedure established and defined in the zoning ordinance. B. Kennel Regulations: Kennels shall be kept in a clean and healthful condition at all times, and shall be open to inspection by any health officer, sanitarian, animal control officer, or the person charged with the enforcement of this article, or any health or sanitary regulation of the city, at all reasonable times. (Amended Ord. 233, 11-4-1997) o 1 See subsection 1-7c3A of this code. \6 o 5-1A-14: DOG ENCLOSURES: A. Purpose: It is the purpose of this section to abate existing nuisances and to prevent nuisances created by site, odor, noise and sanitation due to construction and placement of dog enclosures on private property. B. Screening: Dog enclosures must be screened from view of adjacent property. C. Location: A dog enclosure shall not be placed closer than forty feet (40') from an adjacent residential dwelling or principal structure and at least ten feet (10') from side and rear lot lines. No dog enclosure shall be placed in the front yard in all residential districts; and in the R-4 single-family urban district, no dog enclosure shall be placed in the side yard. D. Sanitation Requirements: No person shall permit feces, urine, or food scraps to remain in an enclosure for a period that is longer than reasonable and consistent with health and sanitation and the prevention of odor. o Applicability And Effect Of Provisions: This section shall be applicable to all dog enclosures constructed after July 18, 1995. Any preexisting dog enclosure for which the city receives a complaint that it is not kept in a clean and sanitary condition or is a nuisance to an adjacent property owner shall be required to comply with this section by a notice of compliance being given by the City Administrator or his/her duly authorized agent. Failure to comply with such notice within thirty (30) days of issuance shall be a violation of this article. (Amended Ord. 233, 11-4- 1997) 5-1A-15: ENFORCEMENT OFFICIALS: The City Council may from time to time appoint such persons as may be necessary to assist the police officers of the city in the enforcement of this article. Such persons shall have police powers insofar as is necessary to enforce this article, and no person shall interfere with, hinder, or molest them in the exercise of such powers. (Amended Ord. 233, 11-4- 1997) E. 5-1A-16: CITATIONS: The animal control officer, or his/her designee, shall be authorized to issue citations for violations of this artice. (Amended Ord. 233, 11-4-1997) 5-1A-17: ABATEMENT OF NUISANCE CONDITIONS: A. Nuisances Subject To Abatement: The following are declared nuisances subject to immediate abatement by resolution of the o \1- o City Council: 1. Any dog/cat that has, withoLt provocation, inflicted "substantial bodily harm" as defined by Minnesota Statutes Section 609.02, Subdivision 7a, on any person; or 2. Any dog/cat that has engaged in conduct resulting in three (3) or more established violations of this article for nuisance. An "established violation" is any violation for nuisance declared as "established" by the City Council, or which results in a conviction in a court of competent jurisdiction; or 3. Any established violation of this article for nuisance preceded by a declaration by the City Council, based upon a prior incident, that the dog/cat is a "dangerous dog/cat" as defined by this article. B. Placement On Council Agenda; Notice Requirements: Upon determination by the City Clerk of the existence of a nuisance subject to abatement as set forth above, the City Clerk shall place the matter on the agenda for the next regular meeting of the City Council for public hearing and abatement consideration. Notice of the hearing and a copy of this article shall be provided to the owners of the dogs/cats by regular mail not later than seven (7) days prior to the hearing. The City Clerk may also notify other concerned or interested parties. o C. Hearing For Abatement: Upon application and notice set forth above, a public hearing shall be held before the City Council. The owners shall have the opportunity to be heard and present relevant witnesses and evidence. The City Council may also accept relevant testimony or evidence from other interested persons. D. Decisions By City Council: The City Council may, in its discretion, approve or disapprove the application for abatement. If approved, the City Council may order any of the following: 1. The dog/cat be forthwith confiscated and destroyed in a proper and humane manner, and the costs incurred in confiscating, confining and destroying the animal paid by the owner. Any costs unpaid after thirty-(30) days of the order shall be assessed against the owner's property. (Amended Ord. 233, 11-4-1997) 2. The dog/cat shall be removed permanently from the city limits within forty-eight (48) hours of notice of the order. The dog license shall be permanently revoked. o 3. Should the owner fail to comply with the order to abate, the city, in addition to any other legal remedy, shall have the civil remedy of injunctive I~ o relief and may apply to a court of competent jurisdiction for an order compelling compliance with the abatement order. (Amended Ord. 233, 11- 4-1997; amd. 2003 Code) 5-1A-18: VIOLATION; PENALTY: Any person who shall violate any provision of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as defined by state law. (Amended Ord. 233, 11-4- 1997) o o 1"\ c~h,./J/ f. A- r1c. .n~'eC) confined in the city pound for a period of not less than ten days, at the expense of the owner. The animal rr~y be released at the end of the time if O healthy and free from .symptoms of rabies, and by the payment of all costs by the owner. However, if the owner of the animal shall elect immediately upon receipt of notice of need for the confinement by the officer to voluntarily and immediately confine the animal for the required period of time in a veterinary hospital of the owner's choosing, not outside of the county in which this city is located, and provide immediate proof of confinement in the manner as may be required, the owner may do so. If, however, the animal has been inoculated with a live modified rabies vaccine and the owner has proof of the vaccination by a certificate from a licensed veterinarian, the owner may confine the dog or other animal to the owner's property. 503.5.3 Reclaiming. All animals conveyed to the pound shall be kept, with humane treatment and sufficient food and water for their comfort, at least five regular business days, unless the animal is a dangerous animal, in which case it shall be kept for seven regular business days, and except if the animal is a cruelly-treated animal in which case it shall be kept for ten regular business days, unless sooner reclaimed by their owners or keepers as provided by this section. In case the owner or keeper shall desire to reclaim the animal from the pound, the following shall be required, unless otherwise provided for in this code or established from time to time by resolution of the City Council: A Payment of the release fee and receipt of a release permit as established by the City Council B Payment of maintenance costs, as provided by the pound, per day or any part of day while animal is in the pound; and C If a dog is unlicensed, payment of a regular license fee and valid certificate of vaccination for rabies and distemper shots is required. 503.5.4 Unclaimed animals. If an animal has not been reclaimed within the time allotted in accordance with the provisions of this section, the officer O appointed to enforce this section may let any person claim the animal by complying with all provisions in this section, or the officer may sell the animal to the University of Minnesota, or cause the animal to be destroyed in a proper and humane manner and shall properly dispose of the remains thereof. Any money collected under this section shall be payable to the City Clerk. . 503.6 Nuisances ~ 503.6.1. Habitual barking. It shall be unlawful for any person to keep or { harbor a dog which habitually barks or cries. Habitual barking shall be defined as barking for repeated intervals of at least five minutes with less than one minute of. interruption. The barking must also be audible off of the owner's or caretaker's premises. 503.6.2 Damage to property. It shall be unlawful for any person's dog or other animal to damage any lawn, garden, or other property, whether or not the owner has knowledge of the damage. ! 503.6.3 Cleaning up litter. The owner of any animal or person having the custody or control of any animal shall be responsible for cleaning up any [feces of the animal and disposing of the feces in a sanitary manner whether on their own property, on the property of others or on public property. . 503.6.4 Entering Premises. An Animal Control Officer or Police Officer may enter a property of the owner of an animal described in this section if;J.t ~.s deemed necessary to search for and seize the animal. . ?03.6.5 other. Any animals kept contrary to this section are subject to l..lIIpoundment. _. I ( o 503.7 Seizure of Animals. Any police officer or Animal Control Officer or Police Officer may enter upon private property and seize any animal with or without the permission of the owner of the property, if that person is also the owner of the animal, provided that the following exist: A There is an identified complainant other than the police officer or Animal Control Officer or Police Officer making a contemporaneous complaint about the animal. B The officer reasonably believes that the animal meets either the barking dog criteria or the criteria for an at large animal. C The officer can demonstrate that there has been at least one previous complaint of a barking dog; inhumane treatment of the animal; or that the 1P Exit ,-b/., B -LAVA ,,; lie, POTENTIALLY DANGEROUS ANIMAL. An animal which has: A Bitten a human or a domestic animal on public or private property; 03 When unprovoked, chased or approached a person upon the streets, sidewalks, or any public property in an apparent attitude of attack; or C Has engaged in unprovoked attacks causing injury or otherwise threatening the safety of humans or domestic animals. PROPER ENCLOSURE. A structure with securely confined indoors Or in a securely locked pen or structure suitable to prevent the animal from escaping and to provide protection for the animal from the elements. A proper enclosure does not include a porch, patio, or any part of a house, garage, or other structure that would allow the animal to exit of its own volition, or any house or structure in which windows are open or in which door or window screens are the only barriers which prevent the animal from exiting. The enclosure shall not allow the egress of the animal in any manner without human assistance. A pen or kennel shall meet the following minimum specifications: A Have a minimum overall floor size of 32 square feet. B Sidewalls shall have a minimum height of five feet and be constructed of 11 gauge or heavier wire. Openings in the wire shall not exceed two inches, support posts shall be l3-inch or larger steel pipe buried in the ground 18 inches or more. When a concrete floor is not provided, the sidewalls shall " be buried a minimum of 18 inches in the ground. C A cover over the entire pen or kennel shall be provided. The cover shall be constructed of the same gauge wire or heavier as the sidewalls and shall also have no openings in the wire greater than two inches. D An entrance/exit gate shall be provided and be constructed of the same material as the sidewalls and shall also have no openings in the wire greater than two inches. The gate shall be equipped with a device capable of O being locked and shall be locked at all times when the animal is" in the pen or kennel. ..JI,/ - - - - ~ J'(UNPROVOKED. The condition in which the animal is not purposely excited, Lstimulated, agitated or disturbed. _--1 - - 503.10.4 Designation as potentially dangerous animal. The Animal Control Officer or Police Officer shall designate any animal as a potentially dangerous animal upon receiving evidence that the potentially dangerous animal has, when unprovoked, bitten, attacked, or seriously threatened the safety of a person or a domestic animal. When an animal is declared potentially dangerous, the Animal Control Officer or Police Officer shall cause one owner of the potentially dangerous animal to be notified in writing" that the animal is potentially dangerous. 503.10.5 Evidence justifying designation. The Animal Control Officer or Police Officer shall have the authority to designate any animal as a dangerous animal upon receiving evidence of the following: A That the animal has, when unprovoked, bitten, attacked, or threatened the safety of a person or domestic animal. B That the animal has been declared potentially dangerous and the animal has then bitten, attacked, or seriously threatened the safety of a person or domestic animal. 503.10.6 Authority to order destruction. The Animal Control Officer, upon finding that" an animal is dangerous hereunder, is authorized to order, as part of the disposition of the case, that the animal be destroyed based on a written order containing one or more of the following findings o~ fact: A The animal is dangerous as demonstrated by a vicious attack, "an unprovoked attack, an attack without warning or multiple attacks; or B The owner of the animal has demonstrated an inability or unwillingness to Ocontrol the animal in order to prevent injury to persons or other animals. 503.10.7 Procedure. The Animal Control Officer, after having determined that an animal is dangerous, may proceed in the following manner: the Animal Control Officer or Police Officer shall cause one owner of the animal to be notified in writing or in person that the animal is dangerous and may order the animal seized or make orders as deemed proper. This owner shall be notified as to dates, times, places and parties bitten, and shall be given 14 days to appeal this order by requesting a hearing before the City Council ~, bl1ll:;it- C. -ltA~lI; I/(t POTENTIALLY DANGEROOS DOG: Any dog that: OA. ~~en unprovoked, inflicts bites on a human or domestic animal on public or private property; B. When unprovoked, chases or approaches a person, including a person upon a bicycle, upon the streets, sidewalks, or any public or private property, other than the dog owner's property, in an apparent attitude of attack; or C. Has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals. QOARANTINE: Isolating an animal to prevent the spread of a contagious disease. \ I RESTRAINT: A dog is under restraint if: al controlled by a leash not exceeding twenty five feet (25') in length; a retractable leash, when fully extended, cannot exceed twenty five feet (25') in length; or b) within a vehicle; or c) within a secure fence or building, or if \ tethered to a leash not eXCeeding twenty five feet (25') in length that is secured to a stake or other immobile object; or d) under.voice control on private property, or within the limits of a designated dog exercise and training area; or e) controlled by an electronic tra~~ning collar; or f) the dog has passed the canine good citizen test certification program or its approved equivalent. VICIOUS DOG: Any dog which has a propensity or tendency towards acts which might endanger the safety of persons or property. This definition O is not limited to biting dogs, but includes those dogs which have a natural fierceness or disposition to mischief. VOICE CONTROL: A dog is under voice control when it is accompanied by a competent person, who is the dog's handler and is responsible for the dog's behavior, and is immediately obedient to that person's command issued by vocal utterance or other means of signaling. (Ord. 133, sec. 1, 1-2-1979; amd. Ord. 406, sec. 1, 3-19-1990; Ord. 406, sec. 2, 3-19-1990; Ord. 442, sec. 1, 8-5-1991; Ord. 450, sec. 1, 10-7-1991; Ord. 559, sec. 1, 9-18-1995; Ord. 633, sec. 1, 7-20-1998; Ord. 680, secs. 1, 2, 11-20-2000, eff. 6-1-2001; Ord. 721, sec. 1, 10-7-2002) Dear Members: The City of Andover has recently had an issue that involves reviewing or updating our ftAnimal Control Ordinance-. The Council wanted us to research what other cities may have related to a detailed well written ordinance that gives the City the control it needs over vicious or nuisance dogs. Does anyone out there have a good ordinance that we should look at that may give us more detailed descriptions of what constitutes a dangerous or vicious dog? o Please direct all responses to me at: wneumeister@ci.andover.mn.us Thanks! 1-7.. b/'ibif- l> - ?~ .l)tI,:e~ 503.11.2 Seizure. As authorized by M.S. 347.54, as it may be amended from time to time, the Animal Control Officer or Police Officer shall immediately seize any dangerous animal if the owner does not meet each of the above requirements within 14 days after the date notice is sent to the owner that the animal is dangerous. Seizure may be appealed to district court by serving a summons and petition upon the city and filing it with the district court. 503.11.3 Reclaiming animals. A dangerous animal seized may be reclaimed by the owner of the animal upon payment of impounding and boarding fees and presenting proof to animal control that each of the requirements under ~03.ll.l is fulfilled. An animal not reclaimed under this section within 14 days may be disposed of as provided, and the owner is liable to the city for costs incurred in confining and impounding the animal. 503.11.4 Subsequent offenses. If an owner of an animal has subsequently violated the provisions with the same animal, the animal must be seized by animal control. The owner may request a hearing. If the owner is found to have violated the provisions for which the animal was seized, the Animal Control Officer or Police Officer shall order the animal destroyed in a proper and humane manner and the owner shall pay the costs of confining the animal. If the person is found not to have violated the provisions for which the animal was seized, the owner may reclaim the animal under the provisions " of 503.11.3 If the animal is not yet reclaimed by the owner within 14 days after the date the owner is notified that the animal may be reclaimed, the animal may be disposed of and the owner is liable to the animal control for the costs incurred in confining, impounding and disposing of the animal. Basic Care. All animals s receive from their owners or keepers kind treatment, housing in the winter, and sufficient food and water for their comfort. Any person not treating their pet in a "humane manner will be o ", ect to the penal ties . . his section. 503.13 Breeding Moratorium. Every female dog or female cat in heat shall be confined in a building or other enclosure in a manner that it cannot come in contact with another dog or cat except for planned breeding. Upon capture and failure to reclaim the animal, every dog or cat shall be neutered or spayed prior to being transferred to a new owner. 503.14 Enforcing Officer. The Council is hereby authorized to appoint an animal control officer(s) to enforce the provisions of this section. In the officer's duty of enforcing the provisions of this section, he or she may from time to time, with the consent of the City Council, designate assistants. 503.15 Pound. Every year the Council shall designate an official pound to which animals found in violation of this chapter shall be taken for safe treatment, and if necessary, for destruction. 503.16 Interference with Officers. No person shall in any manner molest, hinder, or interfere with any person authorized by the City Council to capture dogs, cats or other animals and convey them to the pound while engaged in that operation. Nor shall any unauthorized person break open the pound, or attempt to do so, or take or attempt to take from any agent any animal taken up by him or her in compliance with this chapter, or in any other manner to interfere with or hinder the officer in the discharge of his or her duties under this chapter. 503.17 Multiple Pets. In order to own three or more of anyone species, a multiple pet permit is required. In addition to the Multiple Pet Permit, the O owner must obtain a regular license for each animal as required by other City Code Provisions. Applications for Multiple Pet Permits shall be processed and approved through the City Clerk. 503.17.1 Issuance Of Multiple Pet Permits. An annual Multiple Pet Permit shall be issued at a fee as determined by the City Council pursuant to resolution. Permits shall be pro-rated monthly. If an owner acquires a new pet, which would require obtaining a Permit, then the owner will only be charged for the number of months remaining in the year including the month z; o o o Regular Andover City Council Workshop Meeting Minutes - May 22, 2007 Page 5 are going to dredge the creek but the City cannot make them meet requirements but the Federal GOv can require that. Mr. Helling wondered ifhe will get c for doing maintenance on the easement on his property. Mayor Gamache indicated he would no Mr. Berkowitz indicated they have a two-year warranty on aU of their projects. .. ANIMAL CONTROL ORDINANCE DISCUSSION Councilmember Jacobson suggested they send this to the Planning Commission and have them look at "invisible fencing" and see if there are any other changes they can think of and have staff contact the individual who has been contacting the Councilmembers of the pbmnine Commission date. Councilmember Orttel stated the resident's issue is not the fencing, it is the dog barking incessantly. Councilm.ember Knight wondered if an invisible fence is considered an adequate barrier. Councilmember Trude thought they should send a few different issues to the Pllmning Commission. 1) 'What constitutes a restraint and how does an invisible fence fit in. Should dogs be kept in the front yard with an invisible fence. 2) What constitutes a nuisance: 3) What type of dogs should the City list as dangerous and should they list any. Mayor Gamache stated the only thing they have in the ordinance is regarding restraint. He would like to find out what that means. He thought the invisJ.ble fence would be covered in that section. Councilmember Jacobson thought they should have the Planning Commission look at that for the 'invisJ.ble fencing. Councilmember Trude asked what specifically they want the Planning Commission to look at. Councilmember Jacobson thought the Planning Connni~criori should look at technology such as the invisJ.ble fence. Mr. Neumeister stated the Planm'lg Commi!i:sion is going to want more information in order to discuss this. Mayor Gamll~he stated he would like more of a definition for restraint Councilmember Trude thought they need to look at the nuisance area in the ordinance to define it and make it more enforceable. Mayor Gamache thought Section SA-IA-l in the ordinance covers the problem and stated he does not want to get into any more restrictions. Councilmember Jacobson wondered if a report should be written even if the CSO officer does not see the dog barking. He thought maybe they should have it in the ordinance that after so many reports, it should be considered a nuisance. Mr. Neumeister thought the ordinance should '2'1 o Regular Andover City Council Workshop Meeting Minutes - May 22, 2007 Page 6 be changed to define it a little better. Council consensus was to seek law enforcement input and bring it back to Council. Councilmember Jacobson stated he was suggesting there be a trigger mechlmi~ in the ordinance for the Sheriff's Department to go by. D CUSS TIME LIMIT ON BUILDING PERMITS eister showed photos of two homes on 133m indicating these homes were built 1 g months ago and in foreclosure and wondered what they can do because the City does not have any way to get the wor one. bson wondered if the City should get a deposit"when someone applies for a the homes will get finished in a timely mlmner. Councilmem.ber building permit to o Mr. Berkowitz indicated e homes shown have also defaulted on the escrow payment to the City and the City Clerk is dealing . this. Mr. Neumeister explained when a house goes into default or foreclosure there is really no' we can do until the bank gets the house. Councilmem.ber Knight suggested it is in default or foreclosure they wait it out until it goes to the bank and then go after the bank. Councilmem.ber Jacobson thought if staff a letter indicating 1he homes need to get fixed d out what bank holds 1he lien they should send them. or they will have an abatement process Put on 1hem.. DISCUSS IRRIGATION AGREEMENT Mr. Berkowitz reviewed the irrigation agreement with e Council. Councilmem.ber Trude thought 1he agreement looks good way it was written by staff. Mr. Berkowitz 1hougbt the agreement would get 1he City to comm . cate better with the associations. Councilmem.ber Jacobson stated his concern is with the smaller urn sociations. Mr. Berkowitz thought it may be a minimum of a $100 fine and go from there. He w dered if1he Council wants to see something addressed in 1he fee schedule to address this. Th Council1hought that would be a good idea. o Mr. Berkowitz wondered if1he City Attorney indicates they cannot charge per should do. The Council1hought he should check on what would be allowed and wi1h the fee schedule changes. DISCUSS REQUEST FOR AUTISTIC CHILD SIGNS Mr. Berkowitz explained there have been seVeral requests for Autistic Child signs in 1he communi ~<; o Special Andover City Council Workshop Meeting Minutes - June 26, 2007 Page 9 o c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Councilmember Trude suggested under 1.08 Preparation of Program and Budget that the City Finance Director should work with the City liaison to handle the budget. Mr. Dickinson offered to reword this section taking into account the finance department overseeing it. Councilmember Trude questioned the handling ofland acquisitions by the Open Space Commission. Councilmember Knight asked if a party wants to donate land would the area be named for that "person. Councilmember Trude stated the land donation and name should have a policy because this will become an issue. She suggested there should be a policy of how to handle gifts of land and be a plan to inform the public. Councilmember Knight stated these are called legacy gifts. Councilmember Trude commented that new Commission members should have a verbal review of policies because they will be dealing with public funds. ANIMAL CONTROL ORDINANCE DISCUSSION (CONTINUED) - PLANNING Mr. Neumeister stated at the May 22nd workshop, requests were made to review restraint and nuisance and to hold a discussion of dangerous dogs. He reported that the law enforcement Staff of the Sheriff's office feels the Ordinance is better than most. Councilmember Orttel stated that having invisible fence restraint has been an issue. Councilmember Knight stated a child or anything else can enter the yard and dogs can leave the yard with the invisible fence. Councilmember Jacobson stated the issue.is about barking. He questioned page 23 of the Lakeville policy where restraint is explained. Mr. Neumeister stated the policies need to be identified. Councilmember Trude stated that law enforcement has additional rules that are not part of the Code. Mayor Gamache stated that the policy relies on neighbors accurately reporting what they see. Councilmember Knight stated there should be a policy about threatening dogs. He mentioned that page 26 of the Lakeville Ordinance has a more extensive definition of dangerous dogs than the City's Ordinance on page 12. Mayor Gamache stated people have to go to court to keep their dogs when three complaints are made. Mr. Neumeister reviewed conditions that should go to the Planning Commission; 1) barking, 2) nuisance and 3) potentially dangerous dogs and 4) restraint. Councilmember Knight questioned if an electronic fence is considered a restraint. He suggested that a policy be considered where a dog is not allowed outside without being under the control of a person. Councilmember Trude commented that dogs are not required to be fenced. She commented that 2(,; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 018 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 o ~~ 41 42 43 44 Special Andover City Council Workshop Meeting Minutes-June 26,2007 Page 10 humane treatment of an animal should be included which is on page 35 under basic care. Mr. Neumeister stated on page 33 a dangerous animal is defined and steps to be taken are outlined. SUBDIVISION CODE UPDATE DISCUSSION - PLANNING Mr. Neumeister stated that changes have been made after reviewing the Code with Bill Hawkins. He commented there are policy questions on page 33. When land is used for a designated purpose they can use it for a park, playground or open space. Mr. Dickinson stated that a developer creating a park is using his park dedication allowance. He is challenging the terminology and offered to provide other Ordinances to support his position. This will be reviewed by the attorney. Councilmember Jacobson stated on page 34 the question of park dedication applies. Mr. Neumeister stated this could affect how much land is dedicated. Councilmember Orttel suggesting contacting a third party such as the League to help with the policy. Mr. Dickinson stated much of the Park information and open space use is taken from a recent fact sheet with the most recent findings from the League. Councilmember Jacobson questioned credit for private space. If park land is obtained and given over for private use, policy should be reviewed. Discussion was made to delete section E on page 38 from the policy. This was agreed upon by the Council. Councilmember Trude questioned D where it is stricken through and suggested that it continue to be included and not be included twice. Mr. Neumeister stated he would check the PUD ordinance to be sure this is covered. Councilmember Orttel questioned the outcome on discussion ofG. Mr. Neumeister stated that this is a change and it can be done. Councilmember Trude stated the cul-de-sac length is in the code. She proposed increasing the length to 750 feet from 500. Mr. Neumeister stated that the fire department hose length is 650 feet and they do not like to have cul-de-sacs extend beyond this. Mr. Neumeister stated he will make all the policy changes and send out copies with changes highlighted in red. They will be given time to respond before it goes forward to the Planning Commission workshop. He stated that Mr. Hawkins suggested using a checklist by reference. He suggested numbering on the bullet points and that fees are per City fee Codes by year. Items in gray have been in use but are not in the Ordinance. 2008-2012 CIP PROGRESS REPORT - ADMINISTRATION Mr. Dickinson stated that this is a first review. He stated that the tax capacity rate and their commitment to keeping it to a constant level will be tough. Debt service will be correlated to the n- o Regular Andover Planning and Zoning Commission Meeting Minutes - July 24, 2007 Page 5 Mr. Vrchota explained based on input from a resident, the City Council has directed the Planning Commission to consider whether or not changes are needed to the City's Animal Control Code. Mr. Vrchota discussed the staff report with the Commission. . Nuisance Dogs/Barking Mr. Vrchota stated this is covered in the City Code under Section 5-1-Al. One thing that is not in there is a definition of what constitutes habitual barking. Looking at the City of Plainview's Code, they do have a definition of habitual barking as "Repeated intervals of at least five minutes with less than one minute of interruption". Ifthey were looking to add something a little more objective to this, this definition is a little more concrete and not so loose. He stated this is something they may want to consider adding to their code to make it a little more specific. Chairperson Daninger stated one of the things they need to change is they need to come to a decision about what is habitual. He stated he liked the five minute rule but he did not know if five minutes would be too little. He thought if it were a nuisance, the dog would continually bark and not stop after five minutes. Commissioner Casey stated he agreed with the five minute interval. He thought this would give the Deputies some control because it would define the nuisance and give them some direction. He indicated he was under the interpretation until he read the report that it followed the noise ordinance of 8:00 p.m. to 8:00 a.m. Chairperson Daninger indicated a Deputy has discretion in their authority to verbally warn or issue a citation so there are many avenues of flexibility but if it is not in their ordinance then it is just a judgment call. Chairperson Daninger wondered if any of the Commissioners thought the time limit should be longer. Commissioner Falk felt five minutes was the right amount. If they go ten minutes or longer, there is a point where enough is enough. Commissioner Cleveland thought having the five minutes allowed the Sheriffs Deputy to not have to exercise judgment and know that it is a violation and issue a citation. Commission concurrence was to add the five minute definition to the City Code. o A resident asked what would happen if a dog would bark on and off throughout the day and night but not within five minute intervals. Mr. Vrchota stated that would be a difficult situation without a deputy witnessing this. He thought this type of nuisance would be difficult to enforce. Chairperson Daninger concurred and indicated they are looking at just one area of the code but he wondered if they currently have anything in their ordinance for this. Commissioner Cleveland thought they did if someone was 2'6 o Regular Andover Planning ana Zoning Commission Meeting Minutes - July 24, 2007 Page 6 willing to define what it was to be annoyed. He stated Plainview has defined habitually but they did not define annoyed. He thought if someone was annoyed, it would be something where a person could make a call to the Sheriff s Department to have them come out. A resident thought certain breeds of dogs barked more than others and were annoying more than others. Commissioner Cleveland stated in the Plainview regulation, it indicates the barking has to be heard off the owner's property in the same paragraph where it defines habitual. He wondered if that was something they would also incorporate. Chairperson Daninger thought it only had to affect anyone who could hear it, which could be one neighbor. He thought if it affected a neighbor or neighbors that would be an ." Issue. Commissioner Falk wondered how they would define a neighbor that always calls on a certain dog barking which does not affect other neighbors, is that habitual or annoying. Commissioner Cleveland stated when he looked at Paragraph D in the report; to him it is sort of like the dog in a fenced yard that charges or barks specifically at the neighbor. This would fit annoy but it does not suggest the barking is annoying. o Chairperson Daninger thought they could add to Paragraph D, barking over time. He thought the problem may be coming with the enforcement side of it. Commissioner Walton wondered if it could do with the number of complaints filed with the Sheriff s over a certain amount of time. Chairperson Daninger thought if they included this a neighbor will call just to rack up the number of calls. He thought if a dog barked all night it would annoy the person. Mr. Vrchota thought the word "annoy" will be hard to define in the City Code because it is such a subjective term. He thought what they may want to look at is defining frequently and setting some kind of standard for that. Chairperson Daninger thought it may be a good start to put in the five minutes and then somehow define frequency. Commissioner Walton thought the missing piece is the corroboration part. He thought they needed to have more than one person indicating it is happening such as another neighbor, police officer or multiple complaints. Chairperson Daninger thought they were all in concurrence with adding the five minutes to the ordinance. He wondered how they could define the intermittent dog barking throughout the day or night and how they could enforce that. o Commissioner Walton wondered what the policy was for a nuisance dog. Mr. Vrchota referred to pages 16 and 17 which laid out the process. Z4 Regular Andover Planning and Zoning Commission Meeting Minutes - July 24, 2007 Page 7 Com.missioner Walton indicated in the Plainview Ordinance if a dog is viewed as a nuisance, their police officers can go in and take the dog to stop the nuisance and he wondered how their Deputies could enforce it. Mr. Vrchota stated there is a process laid out in the Code on how nuisance conditions are handled and it does go to the City Council before any action can be taken. The Commission discussed with staff the current regulations regarding how the City handles nuisance dogs. Commissioner Walton thought they should look at a quicker resolution to a nuisance problem. . Potentially Dangerous Dogs Mr. Vrchota stated the City currently defines a dangerous dog in section 5-l-Al ofthe code. There is one word that is not defined which is "unprovoked". He stated the City of Plainview does define it which may be further clarification they can look at for their code. o Chairperson Daninger indicated he did not have a problem adding this because it is a potential word that needs to be added. Commissioner Falk agreed with the addition of the wording. A resident asked if the threats are directed towards humans or other pets. Chairperson Daninger thought in Item C, it included everything except wild animals. Commissioner Walton indicated dogs are hunters and will go after wild animals so he did not think they wanted to go that far. Commissioner Walton stated in Section 5.l.a-ll, page 11, paragraph A talks about resolution which will take two to three weeks. He thought there was something missing because they should be able to make a resolution faster about a potentially dangerous dog. Mr. Vrchota indicated the Sheriffs Department has other policies they do use and if they feel an animal is a threat they can take the animal. Chairperson Daninger indicated if a dog were to attack a child it would be immediately contained. . Restraint o Mr. Vrchota indicated this section deals with "invisible fencing". He stated their City Code has a definition for restraint. He stated both staff and the Sheriff s Department had interpreted that definition to mean that invisible fencing is a permitted type of restraint for a dog. The interpretation has been challenged. He stated the City of Lakeville Code 30 o Regular Andover Planning and Zoning Commission Meeting Minutes - July 24, 2007 Page 8 has a more in-depth definition for "restraint". He asked the Commission whether or not invisible fencing would be permitted as the only restraint for fencing in the front yard. Chairperson Daninger stated restraint is to keep the dog in and is not to keep people out. He thought initially invisible fencing counted as a restraint because it has to work. It is not a restraint if it does not work. It is considered a restraint but if the dog is not trained, it is not a form of restraint. He stated this not stop a child from going into the yard. There are a lot of different issues that can be brought up. Commissioner Falk wondered how a person would be able to tell if a yard had invisible fencing or not. What if someone was walking along and a dog came running up to the edge of the yard, how would a person know ifthe dog would stop or continue on. Commissioner Walton stated they do not control invisible fence installation but do they need to define the installation to keep them six feet away from a sidewalk or driveway and do they need to tell people where they can install them to avoid those types of situations. Commissioner Cleveland wondered if signage should be required as an indication that an invisible fence is there. o Chairperson Daninger asked ifthe Commission thought invisible fencing was considered a restraint. Commissioner Walton did not think it was. Chairperson Daninger thought this would be a debate both ways because residents who have invisible fencing would consider it a restraint. He wondered if invisible fencing should only be used as a restraint in the back yard or both front and back yards. Commissioner Casey felt invisible fencing was a restraint for dogs. Commissioner Walton did not think it was a solid restraint and people do not see it so how would they know a fence would hold a dog iri. Chairperson Daninger wondered why a dog would need to be restrained in the front yard. Commissioner Cleveland did not think invisible fencing was much of a restraint. Commissioner Falk did not think it was a restraint. The majority of the Commission did not feel that invisible fencing was a restraint. Mr. Vrchota stated the definition of restraint in the Code says "The dog or cat shall be deemed under restraint if it is on the premises of its owner." This does not specify that it needs to be fenced or tethered only on the premises and under control. He stated for clarification that if the invisible fencing stops a dog from leaving the yard is that considered a restraint. Chairperson Daninger thought it was because if it works, it is doing its job and controlling the dog. He did not think they could stop someone from installing an invisible fence in their yard to restraint their dog. o Commissioner Cleveland stated there is a limit to the predictability ofthe animals behavior and the ordinance does say that it is deemed to be under restraint if it is on the premises so there is an assumption to be made that if the dog is where it is supposed to 31 o Regular Andover Planning and Zoning Commission Meeting Minutes - July 24, 2007 Page 9 be, it is restrained, whether it is actually restrained or not is what happens next but the ordinance does not speak to what happens when someone walks by that dog. Commissioner Walton stated if someone walks by the property and the dog walks off the property and annoys or is dangerous, then it is deemed to have not been under restraint. If it is on the property and someone goes onto the property it is still deemed to be restrained because it stayed on the property where it was supposed to whether it was by invisible fence or training. It is only when the dog ventures off private property, then it is not restrained. Chairperson Daninger did not think the Commission could come out and say invisible fencing is not a restraint but they will also not say that invisible fencing is a restraint. He stated they did not want it in their ordinance to say invisible fencing counts. Chairperson Daninger thought any type of restraint could not leave the property. . Basic Care o Mr. Vrchota stated in the Council workshop the section on Basic Care in the Plainview Code was indicated to be adopted. He indicated their Code section has the same information as the Plainview Code but he thought this section needed to be labeled a little more clearly; The Commission felt comfortable with what they have in their ordinance but thought the title could be changed to make it more descriptive. WORK SESSION: SUBDIVISION ORDINANCE Mr. Cross stated for the last six months, City staff has been revising the Subdivision Ordinance, the section of City Code that determines the requirements and review criteria for new subdivisions. Like the Zoning Code, much of the language dates back to the original 1974 ordinance. Staffhas attempted to simplify the Subdivision Ordinance, remove outdated material, and update it to conform to policies and regulations that are currently being used. The Council has reviewed and commented on the changes at two workshops. Mr. Cross reviewed the proposed changes to the Ordinance with the Commission and indicated this will come back to a worksession on August 28,2007. He asked the Commission to review the changes for further discussion at another meeting. o OTHER BUSINESS. Mr. Bednarz updated the Planning Commission on related items. 32.- c o o Margaret Skogberg 13808 Nightingale St. N. W. Andover, MN 55304 July 25, 2007 Dear Mayor and Council Members: I saw some of the discussion of the planning commission conceming the animal control ordinance. Part of the ordinance deals with invisible fences. Our neighbor at 13819 Nightingale St. N.W. has an invisible fence and a dog. The dog is a nice dog and I have no problem with her. However, she does bark and charge down to the curb whenever someone is on foot or bike on the street. This dog thinks she owns the block from corner to corner. Most people do not know this dog can not come out on the street. She look like she is going to attack. I have seen children as well as adults stop in their tracks with fear because of this dogs actions. I checked with the city staff when this fence was installed. I was told the fence can be installed near the curb. I feel this should be changed so the fence is installed like any other fence on the property line. If this is done people can see that the dog is not coming out into the street. We have many dog walkers in the area and people struggle to keep their dogs under control because this dog is so near the curb barking at the passing owners and dogs. I do have the fear that a child could get hurt if it wondered into an invisible fenced yard. Swimming pools are required to be fenced to protect children. Invisible fences do not provide protection against a child wondering into a yard. All my life I have owned a dog and I know that one can never fully trust an animal. One never knows why a dog may bite. If invisible fences depend on electricity to work, what happens when we lose our electricity? Does the invisible fence still work? Please take into consideration the above when discussing the animal control ordinance. Thank you. S;;~x1 33 @) o 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: Consider Participating in Anoka County Housing & Redevelopment Authority Economic Development Activities DATE: August 8, 2007 INTRODUCTION Recently the Anoka County Board (June 12, 2007), pursuant to Minnesota State Statute 469.1082, granted to the Anoka County Housing and Redevelopment Authority (ACHRA) all of the powers of an economic development authority under Minnesota State" Statute sections 469.090-469.1082. With the granting of this authority to the ACHRA, the statute is clear that cities and townships have the option to participate in the economic development program. o DISCUSSION At the July 24th Council Workshop, Karen Skepper, representing the ACHRA, provided a presentation to the Council explaining how the ACHRA will work with the added economic development powers (draft minutes are attached). ACHRA Chairman, Paul McCarron, is asking all cities and townships to consider acting soon on a resolution electing to participate in the HRA economic development activities (refer to attached ACHRA letter). He has indicated that resolutions electing participation should be received no later than September 5, 2007 as the ACHRA will be finalizing its budget and setting a preliminary levy on September 11,2007. ACTION REOUESTED The Council is request to discuss the merits of electing participation in the ACHRA economic development activities. If the Council indicates a desire to participate, a formal resolution will be prepared for approval at the August 21 st regular Council meeting. o Attachments o 14 15 16 17 O 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 040 41 42 43 44 'Pecial Andover City Council Workshop Meeting . utes -July 24, 2007 Page 1 2 3 4 5 6 7 8 9 10 11 12 Councilmembe acobson expressed concern about the biddi officers every year. Sheriff Andersohn respon er the collective bargaining contract. City Administrato . Dickinson stated Council of August. d need to get back to the Sheriff s Department or Gamache asked if the City decided not to do this, what the onsequences would be. Sheriff Andersohn responded the Sheriffs Department would still service ity. ANOKA COUNTY EDA PRESENTATION City Administrator Dickinson introduced Karen Skepper of Anoka County EDA. Ms. Skepper explained how the Anoka Housing and Redevelopment Authority would work with added economic development powers. She indicated the program is voluntary and if the City wants to participate, they would need to opt in by Resolution. They want to levy a small amount through the EDA portion to prepare a feasibility study to provide internet services countywide. Councilmember Jacobson asked how much the County could levy on an average priced home in the City. Ms. Skepper responded on a $280,000 home it would be approximately $50.00 annually. She indicated this would be a five-year commitment. Councilmember Trude asked what services the EDA would have for Andover. She noted in reviewing the list, it did not appear the services would be beneficial to the City. Councilmember Jacobson asked why transportation was not the number one priority. Ms. Skepper responded transportation is a big concern, but the EDA and lIRA do not have the authority to deal with transportation unless it is tied to the project. Councilmember Jacobson asked who would pay for countywide internet service. Ms. Skepper responded the EDA would probably bond for this. Councilmember Jacobson asked what have they received from other cities. Ms. Skepper responded she has provided information on an as needed basis, and they have had very positive returns on this. Ms. Skepper stated if Council wants further information, she would be willing to attend another meeting. City Administrator Dickinson believes the City got slighted on any inclusion in the EDA's report. ~ o Special Andover City Council Workshop Meeting Minutes - July 24, 2007 Page 3 o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Councilmember Jacobson stated it bothers him the County is focusing on high speed internet. He expressed concern as to who would pay for it. Councilmembers Orttel and Jacobson stated they are not in favor of this. Councilmember Orttel stated his concern is that the money would go not go into the community, but would service other communities. 'REVAILING WAGE ON CONSTRUCTION PROJECTS DISCUSSION City dministrator Dickinson stated pursuant to Council's request, staffhad assembled data for Counc to review relative to whether or not the City would require prevailing wage on ity constructl projects. Staff had been in contact with local Union representatives askin em to provide doc entation in support of the request made at the April 3, 2007 Council eting. He introduced uni representatives Ken Martin and Victor Razinski. Councilmember Jac son asked how many projects the City did that had p ailing wages. City Engineer Berkowitz res onded he could think of four projects the City d. with prevailing wages. City Administrator Dickinso stated staff is not taking a formal po tion on this. Ken Martin, local Government airs Director for the es and Regional Organization for Carpenters, summarized what is pre .ling wage and w It is important to the City. Mr. Martin 1, but were unable to stay for the meeting Victor Razinski would like to see the ordin ove forward in the City in order to provide the community with good work. He noted not e erson went to college and this would be a good opportunity. He stated he is with the Ope ting E ineers Union. Steve Nagel, Carpenters Union, stat he attends career sat Oakdale High School and he thanked the community for this oppo .. He noted the trades ar good avenue for people who are not college bound. Prevailing wa s give competitive bidding tages and stimulates them to use apprentices and union trade. e noted non-union contractors do Jj .ld good buildings, but there are a lot of union members. \:he City and the City should support ill He indicated non-union contracts many times 0 not provide health insurance to its workers d this is a strain on the communities. Mr. Martin s d this is about responsible government and as a City there has to other things than just the 10 st cost. There has to be a future looking approach and what they value a community. He indO ted people want to ensure residents are paid decent wage with benefits s they could beco e contributing members of the community. He stated this is about leveling the pIa . g field. i\nna Brelje, Minneapolis Central Labor Union Council, stated they are engaging a lot of the ci . ens that affect the standard ofliving in the communities. They support the prevailing wage. :3 orbit ANOKA COUNTY HOUSING AND REDEVELOPMENT AUTHORITY Paul McCarron, Chair Dennis D. Berg Rhonda Sivarajah Donald H. Findell Scott leDoux, Vice Chair Margaret Langfeld William Nelson July 23, 2007 Dear CityAdministrator: On behalf of the Anoka County Housing and Redevelopment Authority (ACHRA), I want to express our thanks for allowing Anoka County representatives to meet with your council/town board. We are excited about the prospect and hope you found the economic development presentation helpful. As indicated during the presentation made to your elected officials, participation in the economic development activities is voluntary. I hope your council/town board agrees that participating in this project and taking a regional approach to economic development in Anoka County will result in strong outcomes for all communities. I urge your council to consider acting soon on a resolution electing to participate in the Anoka County Housing and Redevelopment Authority economic development activities. I have attached a sample resolution for your use. Resolutions electing participation should be received no later than September 5, 2007 as the ACHRA will be finalizing its budget and setting a preliminary levy on September 11, 2007. Again, thank you for your consideration of this new partnership. Sincerely, GoJ 111~~ Paul McCarron Chair PC/gb Enclosure o Telephone: (763) 323-5700 Fax: (763) 323-5682 TDD/TTY: (763) 323-5289 Government Center- Administration Office' 2100 3'd Avenue' Anoka, MN 55303-2265 1.\ o Whereas, is an Anoka County municipality, and as such is a rapidly growing and important segment of the Twin Cities Metropolitan Region, made up of a rich variety of vital, desirable communities, and, Whereas, the City Councilmembers/Town Board Supervisors believe that the residents of would realize many benefits from expansion of the Anoka County tax base, including but not limited to; the creation of local job opportunities, wider sharing of tax burden, and access to enhanced infrastructure, services, and retail and business activities, and, It Whereas, in order to expand the local tax base, the Anoka County Board of Commissioners has indicated an interest in fostering a regional approach to economic development in Anoka County, and, Whereas, in 2007 a statutorily formed citizens exploratory committee recommended to"the Board of Commissioners that the Anoka County Housing and Redevelopment Authority be granted the powers of an economic developtnent authority, and Whereas, on June 12, 2007, the Anoka County Board of Commissioners, after fulfilling the statutory requirements, did c s authorize their Housing and Redevelopment Authority to exercise the powers of an economic development authority, and, .,-,,,\ :~ Whereas, MN Stat. 469.1082 requires that a municipality shall, declare its willingness, by resolution, to join the county in its economic development activities, Now, Therefore Be It Resolved, that the City/Township of does hereby declare its support of Anoka County and its countywide economic development objectives and activities, and, Be it Further Resolved that the City/Township of does hereby elect to participate in Anoka County Housing and Redevelopment Authority economic development activities. .Jt--'\ "'=..t ~\ ~ c authorize their Housing and Redevelopment Authority to exercise the powers of an economic development authority, and, Whereas, MN Stat. 469.1082 requires that a municipality shall, declare its willingness,.by resolution, to join the county in its economic development activities, Now, Therefore Be It Resolved, that the City/Township of does hereby declare its support of Anoka County and its countywide economic development objectives and activities, and, o Be it Further Resolved that the City/Township of does hereby elect to participate in Anoka County Housing and Redevelopment Authority economic development activities. o o o @) 1.685 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 Will Neumeister, Community Developme irector wL SUBJECT: Discuss Schedule for Comprehensive Plan Update -- Planning DATE: August 8, 2007 INTRODUCTION Staff has prepared a draft schedule for the Comprehensive Plan Update and asks the Council for changes or comments. ANALYSIS The City staff and consultants have been working on the updates to the Comprehensive Plan since early this spring. The City Staff is now in a position to begin bringing the various elements of the plan to the City Council and Planning Commission to obtain feedback on their content. Because of the issues that need to be discussed in some elements, staff feels that it would be advisable take a section per work session. That way we can fully describe their content and have meaningful dialogue. After we have had four months of discussions we will be prepared to have public input on the content of the plan. We expect that this process will take approximately 6 months to complete. It will then be reviewed by the City Council and adopted subject to comments from the surrounding cities and local jurisdictions (i.e. watersheds, school districts, etc.) that have the right to comment. If we can obtain their feedback sooner than six months we will be able to submit it to the Metropolitan Council. Until we have their feedback and made a response to their comments or concerns we cannot submit it to the Metropolitan Council (see attached e-mail from Patrick Boylan). Until we have the Metropolitan Council approval we may not consider the plan fully adopted. They have the right to a 6-month review process also, so this plan update could take between 1 Yz to 2 years from now to be considered fully adopted. ACTION REQUESTED The City Council is asked to review the attached schedule and e-mail. Feel free to make any adjustments to the schedule that are needed. Respectfully submitted, ~ Will Neumeister Attachment Schedule for Comprehensive Plan Update E-mail from Patrick Boylan 2008 Comprehensive Plan Update - Tasks and Timeline o\t~'\ ~ 'W July 26, 2007 Staff Meeting with MCES regarding sewer plan August 14th Planning Commission Provide copy of Sewer and Land Use Plan to Commission and Council August 28, 2007 Council work session Review Sewer and Land Use Plan with Council Provide COPy of Transportation Plan for future review . September 11, 2007 Planninq Commission Review Sewer Plan and Land Use Plan with Planning Commission Provide copy of Transportation plan for future review September 18, 2007 Council Meetina September 25, 2007 Council work session Review Transportation Plan with Council Present Overview of Water Supply Plan Provide updated Sewer and Land Use plan September 25, 2007 Planninq Commission Review Transportation Plan with Planninq Commission .- .. bctober 2, 2007 Council Meeting October 9, 2007 Planninq Commission 2nd review Sewer and Land Use Plans October 16,2007 Council Meetina October 23, 2007 Council Work Session Final Worksession review Sewer and Land Use Plans Provide update on Parks and Open Space Chapter Provide updated Transportation Plan to CounCil October 23, 2007 Planninq Commission 2nd Review of Transportation Plan " November 6, 2007 Council Meetinq November 13, 2007 Planning Commission Resident Input Session for Sewer and Land Use Plans November 20, 2007 Council Meetina ~ ~ovember 27, 2007 Council Work Session " Final Worksession review of Transportation Plan - Review Parks and Open Space Chapter November 27, 2007 Planninq Commission Review Parks and Open Space Chapter -2-- o o o 0 December 4, 2007 Council Meetina " December 11, 2007 Plannina Commission Resident Input Session , I I December 18, 2007 Council Meeting , ! December 25, 2007 Plannina Commission I January 2, 2008 Council Meetinq January 8, 2008 Planninq Commission 'Public Hearing for Comprehensive Plan January 15, 2008 Council Meetina Present Public Hearinq Findinqs to Council January 22, 2008 Council Work Session. Final Comorehenisve Plan Workses,sion Discussion January 22, 2008 Plannninq Commission C February 5, 2008 Council Meeting ADDrove Draft of Comprehensive Plan for submittal to Other Cities Allow 6 months for other cities to comment ... Auqust 5, 2008 Review Comments from other cities I August 19, 2008 Approve Draft of COll1prehensive Plan for Submittal to Met Council o -.5~ o o o Page 1 ofl Will Neumeister From: Sent: T: Patrick Boylan [Patrick.Boylan@metc.state.mn.us] Tuesday, July 24, 2007 5:47 PM Will Neumeister Subject: RE: 6 Month Comp Plan Review Will, Yes, for the decennial Comp Plan Update, statute says that surrounding communities and affected jurisdictions (ie. school district and watershed folks) get 6 months to review your plan and provide comments to you (if any). The intent is that city staff would review the City's plan with the Andover Council after either 6 months has gone by, or all affected jurisclictions have gotten back to you (in writing). The idea is that your City Council, when reviewing the draft document, would have the benefit of any comments from Ramsey, Oak Grove, Upper Rum River WMO, etc. If there are any comments/concerns from an adjacent jurisdiction, the Andover Council will read about it and direct staff to respond or perhaps alter what's in the plan. Hope this makes sense. Feel free to respond with any follow up questions. Patrick >>> "Will Neumeister" <WNeumeister@cLandover.mn.us> 07/24/07 03:39PM >>> Patrick, I received a letter from Phyllis Hanson instructin9 us on what the statutes indicate must be done for processing a comp plan amendment. It indicates that we need to submit it to the surrounding dties and jurisdictions for six months of review. I want to know if we must wait to submit our comp plan amendment to the Met Council until we have heard back from all of them? Our schedule is looking like we will be able to send it out for their review next Febraury or March. Will Neumeister Oty of Andover 763-767-5140 -~- 7/24/2007 o o o @ C I T Y 0 F NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members FROM; Jim Dickinson, City Administrator SUBJECT: Schedule EDA meeting DATE: August 8, 2007 INTRODUCTION The Council is requested to schedule an Economic Development Authority (EDA) meeting at 6:00 pm before the August 21, 2007 City Council meeting. DISCUSSION Tentative agenda items for an EDA meeting have been identified as follows: 1. Update on Economic Development Activities 2. Review Letter ofIntentIPurchase Agreements 3. Discuss Redevelopment "Opportunities 4. Site Plan Review 5. 2008 Budget Discussion 6. Other Business Other items may be added upon request, or the meeting will be cancelled if no new information comes forward on the identified agenda items ACTION REQUIRED Schedule an EDA meeting at 6:00 pm before the August 21,2007 City Council meeting. o Q o @) CITY OF NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Schedule September Council Workshop DATE: August 8, 2007 INTRODUCTION The Council is requested to schedule a Special Council Workshop for the month of August for a number of miscellaneous business items. DISCUSSION Potential agenda items for a July workshop have been identified as follows: 1. TIF District 1-4 Industrial Opportunities Discussion 2. Comprehensive Plan Update Progress Report 3. 2008-2012 CIP Progress Report and Discussion - Utility Fund Cash Flow Analysis 4. 2008 Operating Budget Progress Report and Discussion 5. 2008 Special Revenue & Debt Service Funds Budget Discussion 6. 2008 Community Center Budget Presentation 7. 2007-2008 Council Goals Discussion (Continued - if needed) Other items may be added upon request. ACTION REOUIRED Schedule a Council Workshop, a suggested date is Tuesday September 25th at 6:00 p.m. or another date or time acceptable to the Council. o o o 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: Administrator's Report DATE: August 8, 2007 @ The City Administrator will give a brief verbal update on various items of interest to the City Council and to the residents at the meeting. Listed below are a few areas of interest: 1. Administration & City Department Activities 2. Update on Development Activity 3. Update on Public Improvement Projects 4. Update on Wayside Horns/Quiet Zone Progress 5. Meeting Reminders 6. Miscellaneous Activities Upon receipt of the meeting packet, if a member of the Council would like an update on a particular item, please notifY me so an adequate update can be made. DATE AUQust 8, 2007 ITEMS GIVEN TO THECITYC()l;JNCIL ~ Woodland Estates 3rd Addition Final Plat Ocifli~ PLEASE ADDRESS THESE;ITEMSAT THIS MEEiFING:OR:PUT THEM ON THE NEXT AGENDA. THANK YOU. G:\STAFFlRHONDAAIAGENDA\CC L1ST.doc -.jl CIl ~ .! ~~~i ~~ . ~ o<~ l e~CIi i ~OCll ... 6 ~~45 ! ~~~ 1 t:o: 1i t.) t.) z ,!; o ~ e:: . t.) t 1101 e-1i fIl lls s . ji '"~ u_ ii s If J ~~ '" I; j u~ .... ~ liS ~ J~ s ..~ ~ ~i 0 ~i ~ Ii ~ ~g 0 ;5... ~ li! 8 cn~ i ~j! as Ill. ... ...05 6 ~'O '" ~II i ~ Z <d ~ ~ o o ~ z o ~ E-4 ~ ~ ~ < ~ p;:; ~ ~ ~ [fl ~ ~ < ~ [fl ~ l:'- o .......... C'? 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Sill ~l ]. ~." ~J!S] ...hcil 615r:i l~.od ~~=f/! g-~':i i! ]] i'i h ~ I] :;! ..... rg U j!i ",," ~ .~ .. -ill !:~rli:j! zaJo,."e 0,.,,0 a. i! s.g~s ~ I ~~ ~ ... ~! . 0 UIi. ~ I JlE 'li ~nl ! ,3- i :t o! -! 6 ~ ,,: ~ t {5 i :z I l!; /: {5 ... ;5 l!; B Z 8 5 ~ '" CC~ OOC en - C en . O~~ ~"'O ~ OCen :J:<C<C F ,.: 8 '"' ~ cil 1;- ! j tll ~ i I o I ili I ~ 0'4 f!! I ~ LJ 3 r-l /: '" I ::J 5 orJ o I 'li I ~ I Z ~ IE ~ x ~ oS - o t I ... 05 g I t S i GO i iil 1j ~ 0 g ; 1 i i .61l I I "Ii. ,!i,!;~ 1U Eill 1coo -a.E'i OC ...;g.J 6o~ sU 3! -51 Sic jsi "'le co ~ so..2 .-! ..... 6 & m 2 i!i " 2 ~ ~ 3.er.tO.lON I Zll.Sl ':.SaI~ .lOIl"O......._ C:\ l;J ~- ~- .c 0_ -. "- :) ... C o 1 19 ~; :~ ...: ... j~ j ... ~ -s ~ 1'1 ~ 1jC s oS;'; E ~g -- ,!]! OTi 0 !e! ~ ~F ii l~w .ll! 05 . u~Pl "~P .!!l:jo Soz 'O~} ~~ Jl~ I ~Bs o . ~ o o 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 & Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Supplemental Agenda Items for August 8, 2007 City Council Meeting DATE: August 8, 2007 The City Council is requested to receive the following supplemental information. Consent Items Item #8. Approve Plans & Specs/Order Quotes/Award Quote/07-25 (2756 _134th Lane NW) & 07-26 (2766 - 1 34th Lane NW)/SS & WM (Supplemental) - Engineering Item #15. Repeal of Ordinance 277, Minnesota State Fire Code & Approve Ordinance to Adopt New 2007 Minnesota State Fire Code/Chapter 7511 (Supplemental) - Fire Discussion Items Item #26. Award BidJ06-1 O/Railroad Quiet Zones (Supplemental) - Engineering Respectfully submitted, Jim Dickinson City Administrator G:\ST AFF\RHONDAAIAGENDA\SUPPLEMENT AL \2007\supplemental 8-8-07.doc o o o @ CITY OF NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: CC: Mayor and Council Members Jim Dickinson, City Administrator FROM: SUBJECT: David D. Berkowitz, City Engineer Approve Plans & Specs/Order Quotes/Award Quote/07-25 (2756 _134th Lane NW) & 07-26 (2766 - 134th Lane NW)/SS & WM (Supplemetnal) - Engineering August 8, 2007 DATE: INTRODUCTION Additional information to be included with Item #8. Respectfully submitted, C;)~Q. David D. Berkowitz, City Engineer ..,/ Attachment: Letter from property owner o August 6, 2007 To: The city of Andover From: Dennis Steinlicht I hereby authorize you to commence the installation of Sewer and Water to my properties at 2766 and 2756 134th Lane and assess them accordingly. I have read and understand the Feasibility report and contractors bid. o ~ o o o o @ 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: CC: FROM: Dan Wtnkel, Fire Chief .b. ~ . SUBJECT: Amend Ordinance 277, and Approve Ordinance to adopt new 2007 Minnesota State Fire Code/ Chapter 7511 DATE: August 7,2007 INTRODUCTION The State of Minnesota has adopted the new 2007 State Fire Code effective on July 10, 2007. The new code has been revised and updated in order to replace the existing 2003 Minnesota State Fire Code DISCUSSION With the State adoption of the new State Fire Code, Minnesota now has a Fire Code that will be enforced statewide without exceptions. The new code works in conjunction with the new State Building Code recently adopted. The Fire Codes and Building Codes are very compatible with each other and will be used for the construction of new buildings and also for the inspections of existing buildings and facilities. BUDGET IMPACT There is no budget impact with the adoption of the new State Fire Code. RECOMMENDATION The Fire Department staff is recommending that the Mayor and City Council amend Ordinance 277 to adopt the new 2007 Minnesota State Fire Code! Chapter 7511. Staff is also recommending that the Mayor and City Council approve the Summary Ordinance that shall be published to make this official. i):ll:J:2I Dan Winkel, Fire Chief o o ,. o o ~Cl'-AME~ TO APPENDICES OF INTEIiN~UaNAb-FIRE-eoDE:"c Subpart 1. Adoption. IFe Appei:iG~){.I;-aS"i:l'fife"tte'CF5yfMis'J:>art".shall..I;>('l deemed a part of this code -....-- .....---."""'.......... _8Rd-stTa1roe-enforced as such. <>.-'--_0'", @ Subp. 2. IFC Appendix H. The IFC is amended by adding an Appendix H to read: APPENDIX H FIRES OR BARBECUES ON BALCONIES OR PATIOS SECTION 1 - OPEN FLAME AND FUEL STORAGE PROHIBITED 1.1 Open Flame Prohibited. In any structure containing three or more dwelling units, no person shall kindle, maintain, or cause any fire or open flame on any balcony above ground level, or on any ground floor patio within 15 feet (4572 mm) of the structure. 1.2 Fuel Storage Prohibited. No person shall store or use any fuel, barbecue, torch, or other similar heating or lighting chemical or device in the locations designated in Section 1.1. Exception: Listed electric or gas-fired barbecue grills that are permanently mounted and wired or plumbed to the building's gas supply or electrical system and that maintain a minimum clearance of 18 inches (457 mm) on all sides, unless listed for lesser clearances, may be installed on balconies and patios when approved by the fire chief. Subp. 3. IFC Appendix I. The IFC is amended by adding an Appendix I to read: APPENDIX I SPECIAL LOCKING ARRANGEMENTS FOR GROUP I OCCUPANCIES ECTION 1 - GENERAL n approved by the fire chief and where there is a demonstrated safety or security concer!Pfor the patien or residents, existing door-locking arrangements conforming to this appendix are"permitted in Group 1-2 cupancies. ,/ 1.1 Arrange nt. Each egress path shall have not more than one such locking ar;;ar\gement. 1.2 Public Use Space. Public assembly space is not permitted within the s,relfred area. SECTION 2 . SUP VISION","" C Patients or residents s II be supervised by staff personnel at all times...Keys or devices that function like keys to unlock the do s shall be carried by staff at all times. /./ SECTION 3 - FIRE DETEC ON // The building must be provided't5ou9hout with an approoved lite alarm system having automatic smoke detection installed through the exit corridor s~te'm. SECTION 4 - RELEASE OF LOCKI S,.DEVICES /'" All locking devices shall be designed to rail.!n t~~.eJ5en or unlocked position. The locking devices shall immediately release upon anyone or more of>\l"Ie following conditions: 1. Activation of the fire alarm system. ./ "'. 2. Activation of any automatic fire deteytor. ""-, 3. Activation of an automatic sprink!l:l(system. ""-..., 4. Activation of the fire alarm system's trouble signal. '-..... 5. Loss of electrical power to Jj;f6 device or the fire alarm sysle~ 6. Activation of an unlockil)garrangement from an approved locatiqn within the secured area. SECTION 5 - RELOCKJf(G OF DEVICES """'~ Relocking of the 10c!$iM'9 devices can only be by manual means from an"aRp,roved location within the secured area. / '. SECTION 6 - reSTING OF DEVICES AND SYSTEMS """_, Speciallocl)il{g arrangements shall be tested at least monthly in conjunction with th~"fir~ alarm system tp-6nsure that they will release under the conditions as set forth above. 0 """'> SECT}0N 7 - SYSTEMS NOT IN COMPLIANCE "- ~he se of special locking arrangements and related systems that are found to not comply wim"tbe r uirements of this chapter shall be immediately discontinued until such time that the necessary epairs or modifications can be made. o o o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. SUMMARY AN ORDINANCE AMENDING CITY CODE TITLE 7 CHAPTER 2 AND ADOPTING THE 2007 MINNESOTA STATE FIRE CODE (CHAPTER 7511) STATUTORY AUTHORIZATION AND POLICY Statutory Authorization This ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statute 462. Policy The purpose of amending City Code Title 7, Chapter 2 and approving an ordinance to adopt the 2007 Minnesota Fire Code (and Appendices H and I) is to stay current with the newest Minnesota Fire regulations. The proposed changes provide: 1.) Standby personnel on fire watch when it is determined to be necessary by the Fire Chief; 2.) Establish an appeal process forrulings, 3.) Administer and regulate recreational fIres and burning permits. GENERAL PROVISIONS AND DEFINITIONS Jurisdiction The provisions of this ordinance shall apply to the City of Andover. Enforcement The City Administrator or his/her designee shall have the authority to enforce the provisions of this ordinance. Interpretation Interpretation of the provisions of this ordinance shall be held to be the minimum requirements and shall be liberally construed in the favor of the governing body. A printed copy of this ordinance is available for inspection by any person during regular hours of the City Clerk. Adopted by the City Council of the City of Andover on this 8th day of August, 2007. ATTEST: CITY OF ANDOVER Victoria V olk, City Clerk Michael R. Gamache, Mayor @ CITY OF NDOVE o 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANOOVER.MN.US TO: Mayor and Council Members CC: Jim Dickinson, City Administrator FROM: David D. Berkowitz, City Engineer SUBJECT: Award Bidl06-10lRailroad Quiet Zones (Supplemental) - Engineering DATE: August 8, 2007 INTRODUCTION The City Council is requested to receive bids and award the contract for Project 06-10, Railroad Quiet Zones. DISCUSSION This project is identified in the City's 2007-2011 CIP. The project should begin in mid to late o August. The bid opening was held on August 6, 2007. The bids received are as follows: Contractor Knife River New Look Contracting, Inc. Rum River Contracting North Valley, Inc. Hardrives, Inc. Forest Lake Contracting, Inc. W. B. Miller, Inc. Midwest Asphalt Corp. Bid Amount $86,465.00 $88,164.25 $94,279.50 $103,206.49 $104,145.15 $106,891.30 $115,282.50 $121,372.05 $88,428.75 Engineer's Estimate o BUDGET IMPACT The Bunker Lake Boulevard Railroad Quiet Zone project shall be funded by the City's Road and Bridge Fund utilizing previously allocated State Aid dollars. ACTION REOUIRED The City Council is requested to approve the resolution accepting bid and awarding the contract to Knife River in the amount of $86,465.00 for Project 06-10, Railroad Quiet Zones. Respectfully submitted, Q~40, David D. Berkowitz Attacmnents: Resolution o o Q CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Council member to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 06-10 FOR RAILROAD QUIET ZONES. WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 083-07 ,dated June 19, 2007, bids were received, opened and tabulated according to law with results as follows: Knife River New Look Contracting, Inc. Rum River Contracting $86,465.00 $88,164.25 $94,279.50 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Knife River as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Knife River in the amount of $ 88,465.00 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member City Council at a reQular meeting this 8th Council members of the resolution, and Council members against, whereupon said resolution was declared passed. and adopted by the day of AUQust , 2007 , with voting in favor voting CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk