HomeMy WebLinkAboutWK September 23, 2008
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1685 CROSSTOWN BOULEVARD N,W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW,CI.ANDOVER,MN,US
City Council Workshop
Tuesday, September 23,2008
Conference Rooms A & B
1. Call to Order - 6:00 p.m.
2. Discuss Outdoor PartieslEvents
3. Review Pool Covers and Fencing
4. Review State Statute Law Changes to Chapters157 and 347
(Related to Outdoor Food and Beverage Service Establishments & Dangerous Dogs)
0 5. Assessment Policy Discussion
6. Discuss Status of Autistic Child Signs
7. 2009 Budget Development Progress Report
. Community Center Budget Presentation
8. 2009-2013 CIP Progress Report
9. Other Business
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C I T Y o F @
NDOVE
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and Council Members
FROM: Jim Dickinson, City Administrator
SUBJECT: Discuss Outdoor PartieslEvents
DATE: September 23,2008
INTRODUCTION
In response to resident complaints regarding outdoor concert events, the Council indicated that
they would like to discuss at a workshop the merits of approving outdoor parties/events, in
particular where the extension of a liquor license is requested.
DISCUSSION
Over the past year, two local businesses (pov's Sports Bar and Tanners Station) have requested
0 the extension of their liquor license in conjunction with an outdoor concert event. Pov's held
one weekend event (July 18th & 19th) and to date Tanners Station has held two (June 20 & 21 and
August 1 & 2), with one more to take place over the upcoming weekend (September 26 & 27).
During each of the events some resident complaints have been received during the events where
Sheriff Deputies have been dispatched to the establishments and to the neighborhoods. In
addition, residents have appeared before the Council at resident forum, sent correspondence, and
called staff and Council voicing their concerns about the noise and the activities associated with
these outdoor parties/events.
Attached to this Staff report are recent Council meeting minutes where this topic has been
discussed, a copy of the City Code for Noise control, a brief fact sheet on decibel readings and
recent resident communication.
ACTION REQUESTED
The Council is requested to discuss the merits of approving future outdoor concert events where
the request for a liquor license extension is requested and provide direction to staff on how to
proceed.
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0 Regular Andover City Council Meeting
Minutes - May 6, 2008
Page 3
ANOKA COUNTY HISTORICAL SOCIETY PRESENTATION
The Anoka County Historical Society made a video presentation of the Anoka County
Sesquicentennial Celebration to the City Council and residents.
CONSIDER APPRO V AL OF EXTENSION OF LIQUOR LICENSE/POV'S SPORTS BAR
Mr. Dickinson explained Brad Povlitzki, Pov's Sports Bar, has submitted a request for an extension
of his liquor license. Pov's is planning to hold their outdoor music celebration July .18th and 19th,
2008 and would like Council to approve an extension of their liquor license to include their fully
enclosed ball fields. They plan to provide security outside during the event. They would like the
bands to play until midnight, which is Q.ot. consistent with the ordinance. The noise ordinance
prohibits noise after 10:00 p.m.
Councilmember Orttel asked if the permit extends their operating hours under the liquor license.
Mr. Dickinson stated the City's noise ordinance will apply even if the liquor extension is approved.
0 Councilmember Trude thought the whole issue of regulating this comes back to the complaints they
received from the community regarding the noise. Councilmember Orttel understood there were
four complaints last year, two from Coon Rapids and two from neighbors. Mr. Dickinson stated
there were actually five complaints, two from outside the community and three from within the
community.
Mayor Gamache stated last year they requested some noise testing be done and the Council had the
report from the Sheriffs' Department. He reviewed some of the tests. Mr. Dickinson stated the
decibel meter report was done by staff and not the Sheriffs' Department. Councilmember Trude
noted that the report indicates it started raining during the monitoring and no complaints were made
that evening. ALL of the complaints were made the second night when a different band performed.
The Council discussed the noise complaints from 2007 with staff.
Mr. Povlitzki stated this year they are going to have two rock bands. He did not know how the noise
can be heard in another community and they will try to keep the noise down this year and make
every effort to control the noise. They will place a tent over the stage to control the noise. He has
been doing this concert for fourteen years and hoped he would be allowed to continue to provide
this.
Mr. David Luna, 2909 141 st A venue, stated he attended the event last year and thought it was well
organized. The entertainment was excellent and the crowd was well behaved. He thought Andover
deserves something like this once a year.
0 Motion by Orttel, Seconded by Gamache, to approve the liquor license extension for Pov's Sports
Bar for July 18 and 19, 2008 until midnight outside their current premise, which includes the
~
Regular Andover City Council Meeting
Minutes - May 6, 2008
Page 4
enclosed ball fields. Motion carried 3 ayes, 2 nays (Jacobson, Trude).
Councilmember Trude stated she is voting against this because last year she indicated if it was not
controlled she would not continue to approve it.
CONSIDER CONDITIONAL USE PERMIT FOR VERIZON WIRELESS/13595 HANSON
BOULEVARDNW
Mr. Neumeister stated Verizon Wireless has applied for a Conditional Use Permit to locate a cellular
phone antenna in Andover.
Verizon Wireless would like to locate an antenna on the 200-foot communication tower on Anoka
County's radio repair facility property near the intersection of Hanson and Bunker Lake Boulevard.
The antenna array will be attached to the tower at 130 feet. Verizon is also proposing a 350-square
foot enclosed equipment shelter at the site.
Mr. Neumeister reviewed the information with the Council.
0 Motion by Jacobson, Seconded by Knight, to approve the Conditional Use Permit request. Motion
carried unanimously. (Res. R041-08)
CONSIDER VARIANCE/SIDE YARD SETBACK/2363 VETERANS MEMORIAL
BOULEVARD
Mr. Neumeister explained the applicant is seeking to construct a new house on a comer lot closer to
the side street than allowed by the City Code.
Mr. Neumeister reviewed the staff report with the Council.
Motion by Knight, Seconded by Trude, to approve the proposed variance.
Councilmember Jacobson stated they need to fmd a hardship and the only hardship he could find
was that they want to build a larger house than will fit on the lot. This is an economic hardship and
something they cannot grant.
Councilmember Trude thought the hardship would be the landscape and topography of the area,
which would be a unique condition. She stated this area is heavily wooded and the physical
characteristic is that it is an urban area adjoining a rural area. In their City they usually do not have
streets joining these two areas so this would not normally have been a comer lot. But the street goes
0 through and narrows because the neighborhood changes.
Councilmember Jacobson thought the real issue is that the size of the home they want to build on the
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0 Regular Andover City Council Meeting
Minutes - June 3, 2008
Page 6
Motion by Jacobson, Seconded by Knight, to approve an extension of Part A until July 15,2008,
which makes Part A and B both due on July 15,2008. Further directing staff to bring back to the
next council meeting an amendment to the development contract. Motion carried unanimously.
CONSIDER APPROVAVEXTENSION OF LIQUOR LICENSEnANNERS STATION
Mr. Neumeister explained Raymond Warmuth, Tanners Station, has submitted a request for an
extension of his liquor license for three outdoor music celebrations on June 20, 21 and 22,
August 1,2,3, and September 26,27 and 28, 2008.
Councilmember Trude wondered if the music would be on all three nights. Mayor Gamache
thought it would be on Friday and Saturday nights during each event.
The applicant reviewed the plans with the Council on how the site will be set up.
Councilmember Trude wondered what size speakers will be used. The applicant stated it would
probably be mid-size speakers.
0 Councilmember Orttel stated the problem they had in the past was that the extension of the
liquor license did not extend the time. Mr. Dickinson stated the decibel levels that can be
received in a commercial zone are different than in a residential zone.
Mayor Gamache reviewed the tent set up with the applicant. The applicant drew where the band
will be located at within the tent.
Councilmember Trude thought at their next workshop they should talk about outdoor event
licensing. She stated she had many comments since their meeting on POV's and thought they
will have a lot of people at the meeting if there is noise in the neighborhood east of Hanson
Boulevard.
Mayor Gamache noted the band will be on the east side facing the west but the tent will be
enclosed at the end. The applicant agreed.
Motion by Jacobson, Seconded by Knight, to approve the extension of the liquor license for
Tanner's Station for three outdoor music celebrations on June 20 and 21, August I and 2, and
September 26 and 27, 2008 authorizing staff to provide the applicant with the noise ordinance
making sure they understand what can be done and when the band needs to quit playing.
Councilmember Trude asked for an amendment to the motion to include "the August and
September concerts be contingent upon a positive report regarding the June 2008 event."
0 Councilmember Orttel stated there is a problem with that because he assumes the applicant has
to make deposits for the bands well in advance. The applicant indicated the bands were already
L-t
0 Regular Andover City Council Meeting
Minutes - June 3, 2008
Page 7
booked. Mr. Dickinson stated they can have a staff person on-site taking decibel readings if
needed. Councilmember Trude stated she did not care what the readings indicate; she only cared
about what the community says.
Councilmember Jacobson stated he would not accept the amendment based upon
Councilmember Orttel' s discussion.
Councilmember Trude stated Tanner's has not had a negative history, but the concerts were done
last year. The applicant indicated they did not have concerts last year. Councilmember Trude
stated these events can really affect the reputation of the restaurant in the community and she
was concerned about scheduling that many of them and not knowing how they will go.
It was noted that the Council has concerns about the impact to neighborhoods and if problems
occur it will affect the future approval of these types of events.
Motion carried unanimously.
0 APPROVE QUOTE FOR HOUSE REMOVAV14905 CROSSTOWN BLVD NW
Mr. Neumeister explained Prodger House Movers has submitted the attached quote to purchase
and move the vacant house at 14905 Crosstown Boulevard.
Mr. Neumeister reviewed the information with the Council.
Councilmember Orttel suggested the City put the house up for bid to the public rather than for
quote for house removal.
Councilmember Trude wondered if they could look at having ACCAP purchase this or give it as
a donation for low-income housing rather than sell it to a house mover. Mr. Dickinson stated if
ACCAP were to take this property they would need to bring the entire structure up to current
code which would be cost prohibitive on this particular home. He stated ACCAP looked at this
house and backed away from it because of the requirements set by their federal funding.
Motion by Knight, Seconded by Jacobson, to reject the attached quote for moving the house and
remediating the site and have staff go out for bids on the item. Motion carried unanimously.
SCHEDULE EDA MEETING
Motion by Jacobson, Seconded by Knight, schedule an EDA meeting on June 17,2008 at 6:00 p.m.
0 Motion carried unanimously.
S
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REGULAR ANDOVER CITY COUNCIL MEETING - JULY 1,2008
MINUTES
The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike
Gamache, July 1, 2008, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW,
Andover, Minnesota.
Councilmembers present: Don Jacobson, Ken Orttel, Julie Trude
Councilmember absent: Mike Knight
Also pres~nt: City Attorney, Scott Baumgartner
City Administrator, Jim Dickinson
Community Development Director, Will Neumeister
Others
PLEDGE OF ALLEGIANCE
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RESIDENT FORUM
Mr. Kevin McGinn - 13865 Bluebird Street, stated he is before the Council regarding the matter of
issuing liquor license extensions to local bars in Andover for the sale of liquor outside of their
establishments. He is opposed to this. He wondered if this was for the betterment of the community
and what purpose this serves. He stated by allowing this the bar owners will be disrupting the
surrounding communities with their outside bar bands, violence will erupt and there will be more
intoxicated people on the streets. He wondered what steps have been taken by the City Council to
ensure public safety. The Council has a responsibility to the community for the decisions they make
and will be held accountable for the decisions. He stated he saw inconsistencies from the Council.
Mr. McGinn stated by allowing the extensions in his opinion reflects negatively on the City and
Council. He thought the Council owed an explanation to the citizens of Andover on why they are
allowing bar owners the ability to sell liquor outside of their establishments and disrupt the
surrounding communities. He requested from the Council a copy of any notice, permit, liquor
extension, any type of documentation that the Council has sent or will be sending to the Sheriff s
Office and liquor establishments in regards to any future outdoor events. He also requested an
invitation from the Council to attend all workshops that deal with liquor establishments, their
permits, license extensions and outdoor events.
0 Mr. Dennis Lee - 1293 138th Lane, stated he is puzzled why the Council made a decision to grant
outdoor liquor permits to Pov's and Tanners on Bunker Lake Boulevard. They have lived in
Andover for over 30 years. He explained that when they moved to Andover there were junk yards
along Bunker Lake Boulevard and now there are many residential neighborhoods along there and
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0 Regular Andover City Council Meeting
Minutes -July 1,2008
Page 2
everyone enjoys the convenient access to shopping. Bunker Lake Boulevard is the main east and
west corridor through Andover and development along the street should display the very best
Andover has to offer. Granting liquor permits and outdoor concerts in parking lots for several
summer weekends is not in keeping with this concept.
Mr. Lee stated he does not have anything against band concerts, alcohol or responsible drinking but
neither the alcohol nor band concerts belong routinely staged in a parking lot along their main
roadway. He stated they are unsightly and the noise is very intrusive. He stated this is about much
more than just the noise. This is about the reputation of a community and the type of elements that it
attracts. These type of events, or rather seasonal business expansions, lay the groundwork for
excessive consumption, altercations and drug dealing.
Mr. Lee noted he is retired from the Hennepin County Sheriff s Office and has seen the character of
neighborhoods and shopping areas change based on perceived impressions. As the business
expansion weekends become more frequent they have to ask if they want Bunker Lake Boulevard to
be known as the band and booze boulevard. He did not think they should create a problem for the
local law enforcement. He stated Pov' s has ample room inside for concerts so he did not know why
they needed to expand outside and Tanners has a smaller bar area and thought they could expand
0 their building to allow concerts inside rather than outside. A seasonal expansion into the parking lot
should not be allowed.
Mayor Gamache stated they can get Mr. McGinn copies of the notices and anytime they have
discussed liquor related items they are always at Council meetings but they will add his address to
the list. He noted there are two other events scheduled for Tanners and Pov' s has one scheduled. He
stated in regards to why Pov's wants to do this in their larger facility is that by opening up the
ballfields and putting a band on the fields they can bring more people in. The Sheriff s Office is
well aware of any event and they are there to quell any issues. He stated they will ask the Sheriff s
Office to give them a report on what happens, if anything, on those nights. He noted the idea is for
the businesses to make money and that is their goal. They do not need the City to grant them the
request for liquor to have an outdoor event. They could have an outdoor event without liquor.
Councilmember Trude stated this is a topic that they previously discussed with the bar owners. She
stated she is also concerned that this is creating a party atmosphere in their city that is taken
advantage of by people that do not live here. She stated the Sheriff s Office has been told they need
to enforce the noise ordinance regardless of whether they are allowed to sell alcohol in their parking
lots. She was told that evening the people that checked it out did not feel there was a violation of the
noise ordinance. She does not know how they should address this because the owners come to them
after they booked the bands. She wonders if they should be looking at an outdoor concert permit
process. If this is a big money maker for the two establishments it could expand to. the other
shopping centers in town; whether or not they have an alcohol license. They could have other
0 activities happen and she does not see that as the kind of atmosphere they probably want.
Councilmember Orttel noted there is no violation of the law and the sound is not as loud as a lawn
mower. He stated he was in the area when he received the call from Mr. McGinn and he could not
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0 Regular Andover City Council Meeting
Minutes - July 1, 2008
Page 3
hear the sound. He does not know what the problem was and did not believe that allowing liquor in
the parking l~t is going to create drug users to come and use drugs in the parking lot. He thought a
good part of the people that are there are from Andover and they are not drawing drug business into
Andover by allowing the establishments to sell liquor outdoors. He stated they can have an outdoor
band as long as they keep the decibels down and they have done that. He was confused to as what
the issue is. Mr. McGinn indicated he is opposed to drinking parties on Bunker Lake Boulevard and
to loud music.
Councilmember Jacobson indicated there are two issues, the sound level ofthe band and the policy
of allowing the liquor extensions for the outside. He stated he drove down to Tanners that evening
and he could hardly hear the music a half block away. He could not hear the music until he got to
the front where the flap was up on the tent. He stated the decibels were measured that evening and it
was not above the standard. Maybe they should look at lowering the limit but they would have to be
cautious since that will restrict a lot of things in the City. He stated he can see both sides in regard
to the extension of liquor into the parking lot but as long as it is within the limits and they do not
have a lot of problems with the Sheriffs Office. He thought the Council would agree to go along
with allowing them some leeway in doing what they are doing and they have to look at it on a case
by case basis. They are going to be looking at some of these issues at an upcoming workshop to see
if they need to make any changes and any input on a technical basis for the sound would be
welcome.
AGENDA APPRO V AL
Add Item 15A, (Consider Time ExtensionlPreliminary PlatlTimber Trails 2nd Addition).
Motion by Jacobson, Seconded by Trude, to approve the Agenda as amended above. Motion carried
unanimously.
APPRO V AL OF MINUTES
June 17, 2008, Regular Meeting: Correct as written.
Councilmember Jacobson stated on page 3, line 39, it talks about the skateboard park and being
short $180,000 and he thoughtthey budgeted $100,000 but the project came in at $180,000 so they
are short $80,000. They should delete $180,000 and insert $80,000 in the minutes.
Motion by Trude, Seconded by Jacobson, approval of Minutes as indicated above. Motion carried
unanimously.
0 CONSENT ITEMS
Q
0 CHAPTER 6
NOISE CONTROL
SECTION:
5-6-1: Definitions
5-6-2: Noises Prohibited
5-6-3: Hourly Restrictions On Certain Operations
5-6-4: Receiving Land Use Standards
5-6-5: Administration; Testing Procedures, Studies, And Noise Impact
Statements
5-6-6: Enforcement; Penalties
5-6-1: DEFINITIONS: Words and phrases defined in this section have,
when used in this chapter, the meanings below. Any other word or phrase used
in this chapter, and defined in regulations of the Minnesota Pollution Control
Agency (MPCA) Noise Pollution Control Rules Chapter 7030, has the meaning
given in those regulations.
0 AIR CIRCULATION
DEVICE: Mechanism designed and used for the controlled flow
of air used in ventilation, cooling, or conditioning,
including, but not limited to, central and window air
conditioning units.
L10: A sound level, expressed in decibels (dBA) which is
exceeded ten percent (10%) of the time for a one
hour period, as measured by a sound meter having
characteristics as specified in the latest standards,
S1.4, of the American National Standards Institute
and using generally accepted test procedures
adopted by the MPCA.
L50: A sound level, expressed in decibels (dBA), which is
exceeded fifty percent (50%) of the time for a one
hour period, as measured by a sound level meter
having characteristics as specified in the latest
standards, S1.4, of the American National
Standards Institute and using generally accepted
test procedures adopted by the MPCA.
PERSON: An individual, firm, partnership, corporation, trustee,
0 association, the state and its agencies and
q
0 subdivisions, or any body of persons whether
incorporated or not. With respect to acts prohibited
or required herein, "person" shall include
employees and licensees. (Amended Ord. 230, 6-
17-1997)
5-6-2: NOISES PROHIBITED: No person shall make or cause to be made
any distinctly and loudly audible noise that unreasonably annoys, disturbs,
injures, or endangers the comfort, health, peace, safety, or welfare of any
persons or precludes their enjoyment of property or affects their property's value.
The general prohibition is not limited by the specific restrictions of the following:
A. Motor Vehicles: No person shall operate a motor vehicle in the city in
violation of the motor vehicle noise limits of the Minnesota Pollution
Control Agency.
B. Horns, Audible Signaling Devices: No person shall sound any signaling
device on any vehicle except as a warning of danger, as required by
Minnesota Statutes Section 169.68, as amended.
c. Exhaust: No person shall discharge the exhaust, or permit the discharge
of the exhaust, of any steam engine, motor boat, motor vehicle, or
0 snowmobile except through a muffler or other device that effectively
prevents loud or explosive noises therefrom and complies with all
applicable state laws and regulations.
D. Defective Vehicles Or Loads: No person shall use any vehicle so out of
repair or so loaded as to create loud and unnecessary grating, grinding,
rattling, or other noise.
E. Loading, Unloading, Unpacking: No person shall create loud and
excessive noise in loading, unloading, or unpacking any vehicle 1.
F. Radios, Phonographs, Paging Systems: No person shall use or operate or
permit the use or operation of any radio receiving set, musical instrument,
phonograph, paging system, machine, or other device for the production
or reproduction of sound in a distinctly and loudly audible manner as to
unreasonably disturb the peace, quiet, and comfort of any person nearby.
Operation of any such set, instrument, phonograph, machine, or other
device between the hours often o'clock (10:00) P.M. and seven o'clock
(7:00) A.M. in such a manner as to be plainly audible at the property line
of the structure or building in which it is located, in the hallway or
apartment adjacent, or at a distance of fifty feet (50'), if the source is
located outside a structure or building, shall be prima facie evidence of a
0 1 See subsection 12-14-11A3 of this code for specific hours.
H)
0 violation ofthis section.
G. Noisy Parties Or Gatherings: When a police officer determines that a
gathering is creating an excessive noise disturbance, the officer may
order all persons present, other than the owner or tenant of the premises
where the disturbance is occurring, to disperse immediately. No person
shall refuse to leave after being ordered by a police officer to do so.
Every owner or tenant of such premises who has knowledge of the
disturbance shall make every effort to see that the disturbance is
stopped.
H. Loudspeakers, Amplifiers For Advertising: No person shall operate or
permit the use or operation of any loudspeaker, sound amplifier, or
other device for the production or reproduction of sound on a street
or other public place for the purpose of commercial advertising or
attracting the attention of the public to any commercial establishment
or vehicle.
I. Adjacent To Schools, Churches And Hospitals: No person shall create
any excessive noise on a street, alley, or public grounds adjacent to any
school, institution of learning, church, or hospital when the noise
unreasonably interferes with the working of the institution or disturbs or
0 unduly annoys its occupants or residents and when conspicuous signs
indicate the presence of such institution. (Amended Ord. 230, 6-17-1997)
5-6-3: HOURLY RESTRICTIONS ON CERTAIN OPERATIONS1:
A. Construction Activities: No person shall engage in or permit construction
activities involving the use of any kind of electric powered, diesel
powered or gas powered machine or other equipment which creates
noise that is audible at the property line, except between the hours of
seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M.
B. Other Permitted Activities:
1. The following acts or noises are permitted between the hours of ten
o'clock (10:00) P.M. and seven o'clock (7:00) A.M. daily:
a. Equipment used in connection with special events or activities
which are authorized, sponsored, permitted or approved in the city
by the City Council, so long as the activity is conducted pursuant to
the conditions of the license, permit or contract authorizing such
activity .
0 1 See also subsection 12-14-11A3 ofthis code, hours restricted for loading and unloading
materials near residential districts.
\\
0 b. Church bells, chimes or carillons, school bells, or emergency civil
defense warning signals.
c. Antitheft devices.
d. Machines or devices for the production of sound on or in
authorized emergency vehicles.
2. Noise created exclusively in the performance of emergency work to
preserve the public health, safety, or welfare, or in the performance of
emergency work necessary to restore a public service or eliminate a
public hazard shall be exempt from the provisions of this chapter for a
period not to exceed twenty four (24) hours after the work is commenced.
Persons responsible for such work shall inform the Zoning Administrator
or other city employee of the need to initiate such work or, if the work is
commenced during non-business hours of the city, at the beginning of
business hours of the first business day thereafter. Any person
responsible for such emergency work shall take all reasonable actions to
. minimize the amount of noise. (Amended Ord. 230, 6-17-1997)
0 5-6-4: RECEIVING LAND USE STANDARDS:
A. No person shall operate or cause or permit to be operated any source of
noise in such a manner as to create a noise level exceeding the limit set in
Table 1 for the receiving land use category specified when measured at a
point of normal human activity of the receiving land use.
TABLE 1. SOUND LEVELS BY RECEIVING LAND USE DISTRICTS
Day Night
(7:00 A.M. - 10:00 P.M.) (10:00 P.M. - 7:00 A.M.)
Land Use Districts L10 L50 L10 L50
Residential 65 60 55 50
Commercial 70 65 70 65
Industrial 80 75 80 75
B. These levels prescribed do not apply to noise originating on public streets
and alleys, but such noise shall be subject to other applicable sections of
this chapter. (Amended Ord. 230, 6-17-1997)
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0.-
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5-6-5: ADMINISTRATION; TESTING PROCEDURES, STUDIES, AND
NOISE IMPACT STATEMENTS:
A. Administrative Officer: The noise control program established by this
chapter shall be administered by the City Administrator or designee.
B. Testing Guidelines: The city shall adopt guidelines establishing the test
procedures and instrumentation to be used in enforcing the provisions of
Section 5-6-4 of this chapter imposing noise standards. A copy of such
guidelines shall be kept on file in the Planning and Zoning Department
and shall be available to the public for reference during office hours.
C. Studies: The City Administrator or designee shall conduct such research,
monitoring, and other studies related to sound as are necessary or useful
in enforcing this chapter and reducing noise in the city. He or she shall
make such investigations and inspections in accordance with the law as
required in applying ordinance requirements.
D. Noise Impact Statement: The City Administrator or designee may require
any person applying to the city for a change in zoning classification or a
permit or license for any structure, operation, process, installation, or
0 alteration, or project that may be considered a potential noise source to
submit a noise impact statement on a form prescribed by the officer. He or
she shall evaluate each such statement and make appropriate
recommendations to the Councilor other agency or officer authorized to
take the action or approve the license or permit applied for. (Amended
Ord. 230, 6-17-1997)
5-6-6: ENFORCEMENT; PENAL TIES:
A. Notice Of Violation: When the city determines that a noise exceeds the
maximum sound level permitted under Section 5-6-4 of this chapter,
written notice of the violation shall be given to the owner or occupant of
the premises where the noise originates, and such person shall be
ordered to correct or remove each specified violation within such
reasonable time as is prescribed in the notice. The failure to remove or
correct any such violation within the time so prescribed constitutes a
violation of this chapter.
S. Civil Remedies: This chapter may be enforced by injunction, action for
abatement, or other appropriate.civil remedy.
C. Criminal Penalties: Any violation of this chapter involving the operation of
a motor vehicle is a petty misdemeanor and, upon conviction, the violator
0 shall be punished by a fine not to exceed one hundred dollars ($100.00).
n
Every person who violates any other provision of this chapter is guilty of a
misdemeanor and shall, upon conviction, be punishable as provided in
Section 1-4-1 of this code. (Amended Ord. 230, 6-17-1997; amd. 2003
Code)
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\1..(
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0 Most sounds are not pure tones but a mixture of tones of varying amplitude, frequeriCY, and
duration. The intensity of sound waves produce a sound pressure level, which is commonly
measured in a unit called the Decibel. The decibel is a logarithmic measurement used to
accommodate a numbering scheme that encompasses a large range of values. The logarithm is
used. because the human ear can detect sounds more than a million times quieter than a jet aircraft
during take off.
Sound Pressure Level = 20 Log] 0 (Measured Sound Pressure / Reference Pressure)
Reference Pressure (prej) = 0.00002 Newton So / (meterp
Decibel = The ratio between two quantities that are proportional to power. . The
commonly used unit for measuring sound pressure levels.
Decibel Levels of Common Noise Sources
Many different properties affect the noise level of a specific source type. For example, three
lawn mowers may have three different no~e levels because of differences in each specific piece
of equipment. Noise level also depends on the distance from the noise source and the attenuation
0 of the smrounding environment.
Figure 1.3 provides a rough estimate of decibel levels of some common noise sources.
Decibel Levels of Common Noise Sources <- ---<l
Sound Pressure Level ( dBA) Noise Source
140 Jet Engine (at 25 meters)
130 Jet Aircraft (at 100 meters)
120 Rock and Roll Concert
110 Pneumatic Chipper
100 JointerlPlaner
90 Chainsaw
80 Heavy Truck Traffic
70 Business Office
60 Conversational Speech
50 Library
40 Bedroom
30 Secluded. Woods
20 Whisper
Figorel.3
0
It;
From: Kevin McGinn,
To whom it may concern,
0 Friday night, at about 7:45 pm, I called 911 about music coming into our area. I asked the 911 disp., if
there were any bands playing in our area. She said, she did not know of any. She asked if I would like an
officer to respond. I said no. I will check this out for myself and get back to you. I checked it out.
About 8:00 pm., I called 911 again and got a different dispatcher. I told her about the music and I did
not want to be up until midnight trying to get it stopped. She asked me if I had called in before. I said, I
did. About 5 or 10 sec went by and she asked, did you get an officer to respond. I said no. She said, no
wonder I couldn't find you! So, my first call was not even logged. (That got me to thinking about how many
other calls are not being logged).
Saturday night, I called 911 again. This time the 911 operator told me that Tanners had a permit to
play until" 12:00 or 12:30" I said, NO, NO, NOll! I want an officer to go shutthat thing down. (From
what I gathered from the City Council Last year, I thought this dispatcher did not know what the permit was for),
Should the 911 dispatchers be telling the callers about permits and what they are for? And where did
she get that information from?
If I were a normal human being (I'm not that normal) and the 911 dispatcher was telling me they have a
permit to play until such and such a time, I would simple say, oh well, they have a permit, I guess there's
nothing I can do about that...hang up the phone. And my call to 911 would never have been logged.
0 (I came out of North Minneapolis to live out here, When you live there, you learn how to dial 911.)
This is what Kelly, an assistant to Linda Hanson at 911 Central Comm., said to me. You can have 40
individual calls to 1 Call to service. So, the City council may not be receiving an accurate account of the
number of calls made by individuals on a particular address.
John Tonding, an administrator at 911 Central comm. , told me that the Sheriffs Office receives a report
from them. That report is for, Call To Service. It does not have anything to do with the number of
individual's that called in on a particular address. (This is what is being presented to the City Council...
Call to Service),
I talked with John Tonding Monday after the event at Tanners. I asked for information on Tanners and
what went on. He gathered the information and told me 6 Calls were for that address.
These are the 6 Calls to Service for 2 nights:
1. Kevin McGinn
2. Kevin McGinn
3. Kevin McGinn (I seem to be a big part of the problem too!),
4. Patrons walking out on their bar tabs
5, Fist Fights going on in the parking lot.
6. Coundl Member (this could be accounted to me as well...if it was D,J. that called).
0 (If this is true, do you expect fist fights in parking lots. I don't, I expect them in bars).
Kevin McGinn
l!
Pat Skogberg
13808 Nightingale St. N.W.
o Andover, MN 54304
August 3, 2008
City of Andover
Andover Council Members
1685 N. W. Crosstown Blvd.
Andover, MN 55304
To the Council members:
Ref: outside music at local bars:
I was tempted to call each of you around twenty minutes to eleven on Sat. Aug. 2, 08. Since I was not able to get to sleep, due
to the loud music, singing and drunks yelling, I thought maybe you should be kept awake, also.
I do not have a problems with bars businesses in the city. I do have a problem when the bar business disturbs my neighborhood
and my sleep. There have been three of these outside concerts so far this summer. Each time they have gone on for two nights
in a row. If these bars want to draw large numbers of people then maybe they need to build a building to accommodate the
crowds and keep it inside were it will not infringe on my neighborhood and my rights.
When a bar owner says he has to book the bands early and would lose money if the city did not allow the event to happen, I get
a little irritated. To put a roof on my house, I would need a permit from the city. If I went out and purchased all the material
before getting the permit and the city turned me down, then it would be to bad for me. I would lose money. To me, it is the
same thing as bar owners booking before they have authorization from the city. It is as if they are doing this on purpose to
force the council to say "Yes". I am sure they could work with the council to get authorization before booking and put the
o concert dates in at a later time. They need to come in before they book.
Because the noise from train whistles are disturbing the neighborhoods, the city is spending a great deal of money to fix
railroad crossing. The railroad was running through the city long before many of the houses were built here so people knew
about the noise. Being good leaders you are trying to help those neighborhoods.
If the city can spend money to be sure some neighborhoods are not disturbed then I think the council can extend that same
courtesy to the rest of the city. It would only take saying ''No'' to the bars. It would not cost the city a dime. When the bars
were built it was not part of the plan presented to the city to allow them to have outdoor concerts.
When we purchased our home 29 years ago there were junk yards up the road and dump in our back yard.. We knew this and
felt we could not complain about them. It was nice the city cleaned them up and moved them out but at least they were quiet.
You talk about the number of complaints you get concerning the noise. If one person can hear the music don't you think their
neighbors can also hear it? Many of my neighbors do not like to complain. Others say it does no good to complain as the
council will continue to authorize these outdoor events. Some of my neighbors just leave town for the weekend.
I do feel the council has given this matter a lot of thought and it is time to stop these events. On Sat. as it got later the music,
singing and drunks got louder. I am not complaining just about Tanners but also about the concert Povs had last month. It is
just ridiculous to have to hear this noise all night long..
Please do not authorize any more of these outside events. I am sure the bars are trying to keep the noise within the confined
area but it is not working. Also, they have no control over the people drinking and getting loud and yelling.
Sincerely,
0 ~ .~
J/dJ-' (]
{7
@
0
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and Councilmembers
CC: Jim Dickinson, City Administrator
FROM: Will Neumeister, Director of Community Development ~
SUBJECT: Discuss Pool Covers and Fencing
DATE: September 23,2008
INTRODUCTION
This was first discussed on August 6,2008 as a result of a resident's request for a pool cover
to be allowed rather than fencing. At the following meeting on August 19th , the Council
directed staff to provide research on what other cities have for regulations related to pool
0 covers in lieu of fencing. What we have found is that very few cities allow pool covers in
lieu of fencing (see attachment).
ACTION REQUESTED
The Council is asked to review the attached information and determine whether there is
support to change the code to allow pool covers in lieu of fencing them.
Respectfully submitted,
W.llN ~~
1 eumelster
Attachments
Copy of Current Andover Pool Fence Requirements
Listing of Other Cities Requirements
Copies of Minnetrista and Medina Codes (allowing pool covers)
Cc: Torrey Kjelstad, 17241 Partridge Street NW, Andover, MN 55304
0
I'~C[iii}jtit~-M8Yiii~~&'~~~.
0
CHAPTER 4
SWIMMING POOLS, SPAS AND HOT TUBS
SECTION:
9-4-1 : Purpose
9-4-2: Definitions
9-4-3: Permit And Compliance Required
9-4-4: Construction Standards
9-4-5: Fence Requirements
9-4-6: Violation A Misdemeanor
9-4-1 : PURPOSE: The purpose of this chapter is to regulate the location
of outdoor swimming pools, spas and hot tubs on residentially zoned property
and require fencing or barriers to protect the health, safety and general welfare of
the public. (Amended Ord. 228, 7-1-1997)
9-4-2: DEFINITIONS: For the purpose of this chapter, certain terms,
0 words and phrases are defined as follows:
ABOVEGROUNDI
ONGROUND POOL: See definition of Swimming Pool.
BARRIER: A fence, wall, building wall, or a combination
thereof, which completely surrounds the swimming
pool and obstructs access to the swimming pool.
HOT TUB: See definition of Swimming Pool.
INGROUND POOL: See definition of Swimming Pool.
SPA: See definition of Swimming Pool.
SWIMMING POOL: Any structure intended for swimming or
recreational bathing (noncommercial use) that
contains water over twenty-four inches (24")
deep. This includes in-ground, aboveground and
on-ground swimming pools; hot tubs; portable
and non-portable spas; and fixed in place wading
pools.
O~
~
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----~~... ~~g,:.~_.~.
0 SWIMMING POOL,
INDOOR: A swimming pool that is totally contained within a
residential structure and surrounded on all four (4)
sides by walls of said structure.
SWIMMING POOL,
OUTDOOR: Any swimming pool that is not an indoor pool.
(Amended Oni. 228, 7-1-1997)
9-4-3: PERMIT AND COMPLIANCE REQUIRED: No person shall
construct, alter or renovate a swimming pool without an approved building permit.
Permits are required for swimming pools that exceed two hundred (200) square
feet in area. All swimming pools that require a permit shall comply with the
fencing requirements as stated in Section 9-4-5 of this chapter. (Amended Ord.
228, 7-1-1997)
9-4-4: CONSTRUCTION STANDARDS: All swimming pools are required
. to meet the following construction standards in addition to all State Building Code
requirements: (Amended Ord. 228, 7-1-1997; amd. 2003 Code)
A. Location:
0 1. Swimming pools shall not be located beneath utility lines nor over
underground utility lines of any type. -
2. No person, firm or corporation shall build, situate or install a swimming
pool within ten feet (10') of any side or rear lot line, nor within six f~t (6')
of any principal structure, nor closer to the front lot line than the principal
structure, except as herein provided. On residential parcels of land of one
acre or more, a swimming pool may be constructed closer to the front lot
line than the principal structure, however, the minimum distance it may be
from the front line shall be two hundred feet (200').
3. No swimming pool shall be located within twenty feet (20') of any part of
an on-site sewer system or area designated as an alternate drain field.
B. Fence Required During Construction: While being constructed, the
swimming pool must be fenced with a portable fence not less than four
feet (4') in height. (Amended Ord. 228, 7-1-1997)
9-4-5: FENCE REQUIREMENTS:
A. Outdoor Swimming Pools:
0 -jf 1. All outdoor swimming pools constructed shall b completely enclosed ~
by a fence or wall of th non-climbing type, so as not to be penetrable by .
-$-
_~ 1"1"'SA'7~ ..Vo'_:----
0 toddlers, afford no external hand holds or footholds, and be a minimum of
four feet (4') in height; except that aboveground pools with a side wall
height of at least four feet (41 need not be fenced but shall have
removable steps.
2. All outdoor fence openings or outdoor points of entry into the swimming
pool area shall be equipped with self-closing and self-latching devices.
The opening between the bottom of the fence and the ground or other
surface shall not.be more than three inches (3").
B. Outdoor Spas And Hot Tubs: All outdoor spas and hot tubs shall either
have a fence as described in this section or a latchable cover. The cover
should be constructed of a material not to be penetrable by toddlers and is
subject to inspection by the Building Official or designee. (Amended Ord.
228, 7-1-1997)
9-4-6: VIOLATION A MISDEMEANOR: Any person, firm or corporation
violating any provision of this chapter shall be guilty of a misdemeanor as defined
by state law. (Amended Ord. 228, ~-1-1997)
0
0
-
-y!-
Listing of Other Cities Requirements
0 Independence: 415.11. Safety fence required. A safety fence at least four feet high shall completely
enclose the pool. Safety fences shall be constructed so as to inhibit the entry or climbing thereof by any
person. All openings or points of entry into the pool area shall be equipped with gates or doors. All
gates and doors shall have a latch which is no less than four feet above the ground level and which
shall be so constructed and so placed as to be inaccessible to small children. All gates and doors shall
be locked when the pool is not in use or is unattended by an adult with demonstrated swimming ability.
Any opening between the bottom of the fence and the ground level shall not exceed three inches. The
wall of any pool constructed above ground level, regardless of the height thereof, shall not qualify as a
safety fence. (Amended, Ord. 2002-01, Sec. 1; Ord. 2004-10, Sec. 1)
Hassan Township: A structure or safety fence of a non-climbable type at least four (4) feet in
height shall completely enclose the pool, but shall not be located within any required yard areas.
As an alternative to a safety fence, an automatic pool cover may be utilized if it meets the .
standards ofF1346;.91 (Reapproved 1996) of American Society of Testing and Materials (ASTM),
as such standards may be modified, superseded or replaced by ASTM.
Orono: Could not fmd specific reference to pools in their ordinance. Their fence handout says:
The City of Orono does not require fences around swimming pools; however, property owners are
advised to check with their insurance company.
Coon Rapids: Requires a fence with specifications similar to Andover. Requires alarmed doors or
0 a cover IN ADDITION to a wall/fence in the case when a structure is used as part of the barrier.
No provision for just a cover.
Blaine: Requires fence with specifications similar to Andover. No provision for covers.
Anoka: Requires fence with specifications similar to Andover. No provision for covers.
Ramsey: Requires fence with specifications similar to Andover. No provision for covers.
Brooklyn Park: Requires fence with specifications similar to Andover. No provision for covers.
Brooklyn Center: Requires fence with specifications similar to Andover. No provision for covers.
0
-s--
(;ITY OF MINNETRISTA
7701 County Road 110 W Minnetrista, MN 55364
(952) 446-1660
0 SWIMMING POOL HANDOUT
GENERAL. INFORMATION
<> A building permit is required for any ingroumfswimming pool and any above ground swimming pool that is
greaterthan24" In heightand has a maximum capacity of more than 5,000 gallons,
o Pool helgl1tismeasuredfrom grZ:lde,
<> All pools are considered to be a "structure" and shall meet setbackrequitements fortheappHcable zOI1ingdistl"ict.
<> The hardcover patios surrounding ill ground swimming pools is not considered to be part oHhe struoture and are
allowed within setbacks ~
~- I...l!!rf'.......,.,.,.".
> <> City Code requires either a 4'high fence with self-closing, self-latching gates or an automatic pool cover that *=
. meets ASTM standards for all in ground pools in residence districts, exceptforAP and A. IfeJecting to construct
fence, it mustbe shown on the new/updatedsurvey. If opting for an automatic pool cover,proofofpurchaseand
documentation ofcomplit:lnce with ASTM standards and must be submitted with the building permltapplic;ation.
<> SeparateElectri~l, Mechanical and Plumbing permits are required.
REQUlRE-OIN$PECTIONS FOR AaOVE GROUNO$WIMMING POOLS
o Fina!
REQUIRED INSPECTIONS FOR IN GROUND SWIMMING POOLS
0 <> Footing/Foundation
<> Final
To schedule an inspection or request information related to building code requirements, please call
MNSPECT at (952) 442-1520 or toll free (888) 44&-1801. between the hours of 8:00 a.m. and 4:30 p.m. Monday
thru Friday. GOPHER STATE ONE CALL: Call atleast2 full business days before you dig. (651) 454-0002 or
(800)252;.1156 or W'vVW.gopnerstaleonecaU.org
*The State of Mirmesb1a requires that all residential bui1dingcontr8ctors. remotJeJers and roofers obtain a state
license unless they qualify for a specific exemplkm from the licensing requirements. Any personc/aiming an
exemption must provide a copy of a Certificate of Exemption from the Department of Labor & Industry to the City
before a permit can be issued.
"To determine whether a particular contraetoris required lobe licensed or to check on the licensing stawsof
individual contractors. please call the Minnesota Department .0fLabor & Industry at 6/U.284-5065 of toll fme1 ~$OO-
342.5354 or visit their websileat htlp:l/www,doILstate.mnus.
0
-~-
,... '~
Medina City Code 800. Swimming Pools
0 CHAPTER 8
LAND AND BUILDING REGULATIONS
800. SWIMMING POOLS
Section 800.01. General Provisions. The purpose ofthis ordinance is to regulate the construction
and location of private swimming pools and to provide for certain safety features related thereto.
For the purposes ofthis ordinance, private swimming pools are defined as any enclosure, designed,
intended or used for the containment of water, whether constructed below ground level or above
ground level, having a surface area exceeding 100 square feet and a depth exceeding 18 inches
which is designed, intended, or used for swimming, wading, or other recreational use by the owner
or tenant ofthe property upon which the pool is constructed, or by the owner's or tenant's family or
invited guests without payment of a fee.
Section 800.03. Permit Reauired. No private swimming pool shall be constructed or established,
and no such pool construction shall be commenced without first obtaining a permit from the building
official.
Section 800.05. Application for Permit. Application for a swimming pool permit shall be made to
the building official upon forms provided by the building official. A fee set by ordinance shall be
0 submitted with the application to cover the costs of inspection. The application for the permit shall
include, without limitation, the following information:
Subd. 1. Complete plans and specifications for the construction of the pool, including a site
plan showing the location on the property of the proposed pool and surrounding deck or
patio and other improvements;
Subd.2. A survey showing the location of all existing structures on the property, including the
house, garage, fences, trees, overhead or underground wiring, utility easements, and other
significant improvements or natural features;
Subd.3. The location of proposed pumps, filters, electrical power source (if applicable),
flushing and drainage outlets, and other operational features;
Subd.4. The location and specifications of the protective fencing or automatic pool cover; and
Subd. 5. Any other information necessary or convenient for review ofthe permit application as
determined by the building official.
Section 800.07. Application. The safety features, including electrical wiring and fencing or
protective pool cover as set forth in this Ordinance shall apply to all private swimming pools
constructed afterJuly 17, 1979.
0
800. Swimming Pools Page I of3
-7-"
.
Medina City Code 800. Swimming Pools
0 Section 800.09. Construction Set-back Requirements. Private swimming pools shall be
constructed so as to avoid damage to property and injury to the occupants of the subject property and
the occupants of adjacent property and shall meet the following minimum requirements:
Subd.1. No pool shall be located within 18 feet (measured horizontally) from any
underground or overhead utility line of any kind.
Subd.2. No pool shall be located within any public or private easement intended for utility,
access or drainage purposes; any wetlands, floodplain or shore lands; or any other location in
which it might represent a threat to the natural environment; and
Subd. 3. Private swimming pools are accessory structures in all residential districts under the
zoning ordinance and must meet appropriate setback requirements.
Section 800.11. Safety Fence or Automatic Pool Cover Required.
Subd. 1. A safety fence meeting the following standards shall be required around all pools:
(a) Except as provided for in subd. I (d), a safety fence at least 4 feet in height shall
completely enclose the pool. All openings or points of entry into the pool area shall
be equipped with self-closing gates or doors. All gates and doors shall have a self-
latching latch which is no less than 4 feet above the ground level and which shall be
constructed and placed so as to be inaccessible to small children. All gates and doors
shall be locked when the pool is not in use or is unattended by an adult with
0 demonstrated swimming ability. Any opening between the bottom ofthe fence and
the ground level shall not exceed 3 inches.
(b) Safety fences shall be constructed so as to inhibit the climbing thereof by any person. If
constructed primarily of wood, the fence shall be composed of vertical members with
spaces no greater than 4 inches between the boards. If constructed primarily of other
materials, the fence shall contain no spaces through which a sphere 4 inches or more
in diameter may pass.
(c) No wall of any pool constructed above ground level, regardless of the height thereof,
shall qualify as a safety fence.
(d) If the house or other structure provides all or a portion of one side of the pool
enclosure, all doors from the house or structure providing access to the pool area
shall be equipped with a pool alarm meeting the standards of F2208-02 of the
American Society of Testing and Materials (ASTM), as such standards may be
modified, superseded or replaced by ASTM. - ~<fllf~~iIoW\\IU~~i:tIa
> Subd. 2. As an alternative to a safety fence, an automatic pool cover may be utilized if it 4=
meets the standards of F 1346-91 (Reapproved 1996) of ASTM, as such standards may be
modified, superseded or replaced by ASTM.
0
800. Swimming Pools Page 2 of3
-y-
@
0
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and Councilmembers
CC: Jim Dickinson, City Administrator
FROM: Will Neumeister, Director of Community Development 0L
SUBJECT: Review State Statute Law Changes to Chapters157 and 347
(Related to Outdoor Food and Beverage Service Establishments & Dangerous
Dogs)
DATE: September 23, 2008
INTRODUCTION
The City Attorney sent staff the attached information, which contains new language adopted
0 by the State of Minnesota from Chapters 157 and 347. He asked that the City Council review
it as two separate sections. The first section dealing with Chapter 157 relates to something
that is not mandatory that the City adopt, it references the City "may adopt" the new
language that refers specifically to outdoor food and beverage establishments and whether to
allow dogs to accompany persons patronizing the facility. If the Council chooses to
implement it, then the entirety of the suggested code language should be adopted.
The second part of the attached statute changes should reviewed line by line as there are
small changes proposed throughout the Chapter 347 language. Notice for instance that the
surety bond is recommended to be changed from $50,000 to $300,000 for anyone who has a
"dangerous dog". Quite a few changes related to changing "may" to "shall" and there is a lot
more language added on "Disposition of Seized Animals" as well as who may own a dog.
ACTION REQUESTED
The Council is asked to review the attached statute language from Chapters 157 and 347 and
determine if they would like to make changes in the City Code and. adopt the new language
or not. If there is please direct staff to take through the Public Hearing process.
Respectfully submitted,
w-L
Will Neumeister
Attachment:
0 Minnesota Session Laws 2008 (Chapters 157 and 347)
Chapter 325 - Revisor of Statutes Page 1 of7
Minnesota Session Laws Search
0 Key: (1) laA~l:Ja~C te t3c aClIClteet (2) new language
2008, Regular Session
CHAPTER 325--S.F.No. 2876
An act
relating to animals; changing provisions regulating dangerous dogs;
providing for certain cities to authorize certain outdoor food and beverage
establishments to.allow dogs to accompany patrons;amending Minnesota
Statutes 2006, sections 347.50, by adding a subdivision; 347.51, subdivisions 2,
2a, 3, 7, 9; 347.52; 347.53; 347.54, subdivisions 1,3; 347.55; 347.56; proposing
coding for new law in Minnesota Statutes, chapters 157; 347.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. [157.175] DOGS; OUTDOOR FOOD AND BEVERAGE SERVICE
ESTABLISHMENTS.
Subdivision 1. Municipal authorization. A statutory or home rule charter city
may adopt an ordinance to permit food and beverage service establishments to allow
dogs to accompany persons patronizing designated outdoor areas of food and beverage
establishments.
Subd. 2. Dangerous and potentially dangerous dogs. The ordinance must
0 prohibit dangerous and potentially dangerous dogs. as defmed in section 347.50. from
accompanying patrons to food and beverage establishments.
Subd. 3. Banning dogs. The ordinance may not prohibit a food and beverage
establishment from banning dogs. A person accompanied by a dog who remains at an
establishment knowing that the operator of the establishment or its agent has posted a
sign banning dogs or otherwise informed the person that dogs are not permitted in the
establishment may be ordered to leave the premises.
Subd. 4. Permit process. (a) The ordinance must require participating
establishments to apply for and receive a permit from the city before allowing patrons'
dogs on their premises. The city shall require from the applicant such information as
the local government deems reasonably necessary. but shall require. at a minimum. the
following information:
(1) the name. location. and mailing address of the establishment;
(2) the name. mailing address. and telephone contact information of the permit
applicant
(3) a description of the designated outdoor areas in which the permit applicant
intends to allow dogs; and
(4) a description of the days of the week and hours of operation that patrons' dogs
will be permitted in the designated outdoor areas.
(b) A permit issued pursuant to the authority granted in this section must not be
transferred to a subsequent owner upon the sale of a food and beverage establishment but
0 must expire automatically upon the sale of the establishment. The subsequent owner shall
be required to reapply for a permit pursuant to this section if the subsequent owner wishes
to continue to accommodate patrons' dogs.
( c) A city may incorporate the permit requirements of this section into a permit or
https://www.revisor.1eg.state.mn.us/laws/?id=325&year=2008&type=0 9/18/2008
Chapter 325 - Revisor of Statutes Page 2 of7
license issued under an existing ordinance if the city ensures that current and future permit
0 and license holders comply with the requirements of this section. A city may exempt
current permit and license holders from reapplying for a permit. if the current permit or
license holder provides the city with the information required in paragraph (a) and any
other information that the city requests.
Subd. 5. Minimum requirements. The ordinance must include such regulations
and limitations as the local government deems reasonably necessary to protect the health..
safety. and general welfare of the public. but must require. at a minimum. the following
requirements. which must be clearly printed on a sign or signs posted on premises in a
manner and place that are conspicuous to employees and patrons:
(1) employees must be prohibited from touching. petting. or otherwise handling dogs;
(2) employees and patrons must not allow dogs to come into contact with serving
dishes. utensils. tableware. linens. paper products. or any other items involved in food
service operations;
(3) patrons must keep their dogs on a leash at all times and must keep their dogs
under reasonable control;
(4) dogs must not be allowed on chairs. tables. or other furnishings; and
(5) dog waste must be cleaned immediately and the area sanitized.
Subd. 6. Service animals. Nothing in this statute. or an ordinance adopted pursuant
to this statute. shall be construed to limit:
(1) the right ofa person with disabilities to access places of public accommodation
while accompanied by a service animal as provided in sections 256C.02 and 363A.19; or
0 (2) the lawful use of a service animal by a licensed peace officer.
Subd. 7. Designated outdoor . area. The ordinance must include a defmition
of "designated outdoor area" that is consistent with applicable rules adopted by the
commissioner of health.
EFFECTIVE DATE.This section is effective the day following fmal enactment.
Sec. 2. Minnesota Statutes 2006, section 347.50, is amended by adding a subdivision
to read:
Subd. 8. Provocation. "Provocation" means an act that an adult could reasonably
expect may cause a dog to attack or bite.
Sec. 3. Minnesota Statutes 2006, section 347.51, subdivision 2, is amended to read:
Subd. 2. Registration. An animal control authority shall issue a certificate of
registration to the owner of a dangerous dog if the owner presents sufficient evidence that:
(1) a proper enclosure exists for the dangerous dog and a posting on the premises
with a clearly visible warning sign that there is a dangerous dog on the property, including
a warning symbol to inform children, t:hft.t 1fl:ere h 8. ~el'6m d6~ 6ft tfte l'mpe~ ;
(2) a surety bond issued by a surety company authorized to conduct business in this
state in a form acceptable to the animal control authority in the sum of at least $59,999
$300.000, payable to any person injured by the dangerous dog, or a policy ofliability
insurance issued by an insurance company authorized to conduct business in this state
in the amount of at least $59,999 $300.000, insuring the owner for any personal injuries
0 inflicted by the dangerous dog;
(3) the owner has paid an annual fee of not more than $500, in addition to any
regular dog licensing fees, to obtain a certificate of registration for a dangerous dog under
https://www.revisor.1eg.state.mn.us/laws/?id=325&year=2008&type=0 9/18/2008
Chapter 325 ...; Revisor of Statutes Page 3 of7
this section; and
0 (4) the owner has had microchip identification implanted in the dangerous dog as
reqUired under section 347.515.
Sec. 4. Minnesota Statutes 2006, section 347.51, subdivision 2a, is amended to read:
Subd. 2a. Warning symbol. If a e6l:1:l'it}" an animal control authority issues a
certificate of registration to the owner of a dangerous dog pursuant to subdivision 2, the
e6t1ftt). animal control authority must provide, for posting on the owner's property, a copy
of a warning symbol to inform children that there is a dangerous dog on the property. The
desigtt 6f the: warning symbol must be the uniform tmd ~eeifl.ed symbol provided by
the commissioner of public safety, Mter e6J:lsl:tiffiti61i ofith ft:fMmfM 66H.1:f61 IU'6fessi6BtMS.
The commissioner shall provide the number of copies of the warning symbol requested
by eaek 66't1ftty the animal control authority and shall charge the e6't1ftty animal control
authority the actual cost of the warning symbols received. The e6l:Ulty animal control
authority may charge the registrant a reasonable fee to cover its administrative costs and
the cost of the warning symbol.
Sec. 5. Minnesota Statutes 2006, section 347.51, subdivision 3, is amended to read:
Subd. 3. Fee. The 66l:Ulty animal control authority may charge the owner an annual
fee, in addition to any regular dog licensing fees, to obtain a certificate of registration for a
dangerous dog under this section.
0 Sec. 6. Minnesota Statutes 2006, section 347.51, subdivision 7, is amended to read:
Subd. 7. Tag. A dangerous dog registered under this section must have a
standardized, easily identifiable tag identifying the dog as dangerous and containing the
uniform dangerous dog symbol, affixed to the dog's collar at all times. 'Ifte e6.ft'tmissiBfttir
6f l'tlblie SMct}, Mter e6ft~ti611 .,;'1:11 Mlimltl e6fitml pr6fc;ssi6nttls,. shall pm. idt: by :rttl~
fur the aesigtt 6f the ~.
Sec. 7. Minnesota Statutes 2006, section 347.51, subdivision 9, is amended to read:
Subd. 9. Contracted services. /.. e6tmt} An animal control authority may contract
with another political subdivision or other person to provide the services required under
sections 347.50 to 347.54 347.565. Notwithstanding any contract entered into under
this subdivision, all fees collected under sections 347.50 to 347.54 shall be paid to the
eenmt)" animal control authority and all certificates of registration must be issued in the
name of the e6l:tftfy animal control authority.
.
Sec. 8. Minnesota Statutes 2006, section 347.52, is amended to read:
347.52 DANGEROUS DOGS; REQUIREMENTS.
(a) An owner of a dangerous dog shall keep the dog, while on the owner's property,
in a proper enclosure. If the dog is outside the proper enclosure, the dog must be
muzzled and restrained by a substantial chain or leash and under the physical restraint of
a responsible person. The muzzle must be made in a manner that will prevent the dog
from biting any person or animal but that will not cause injury to the dog or interfere with
0 its vision or respiration.
(b) An owner of a dangerous dog must renew the registration of the dog annually
until the dog is deceased. If the dog is removed from the jurisdiction, it must be registered
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as a dangerous dog in its new jurisdiction.
0 (c) An owner of a dangerous dog must notify the animal control authority in writing
of the death of the dog or its transfer to a new jm~ateti6fllocation where the dog will
reside within 30 days of the death or transfer, and must, if requested by the animal control
authority, execute an affidavit under oath setting forth either the circumstances of the dog's
death and disposition or the complete name, address, and telephone number of the person
to whom the dog has been transferred or the address where the dog has been relocated.
(d) An animal control authority ftI:ftY shall require a dangerous dog to be sterilized
at the owner's expense. If the owner does not have the animal sterilized within 30 days,
the animal control authority ftI:ftY shall seize the dog and have !he Mlimftl it sterilized
at the owner's expense.
(e) A person who owns a dangerous dog and who rents property from another
where the dog will reside must disclose to the property owner prior to entering the lease
agreement and at the time of any lease renewal that the person owns a dangerous dog
that will reside at the property.
(f) A person who ~ transfers ownership of a dangerous dog must notify the
l'tifeftft"er new owner that the animal control authority has identified the dog as dangerous.
The ~ current owner must also notify the animal control authority in writing of the
~ transfer of ownership and provide the animal control authority with the new owner's
name, address, and telephone number.
Sec. 9. Minnesota Statutes 2006, section 347.53, is amended to read:
0 347.53 POTENTIALLY DANGEROUS AND DANGEROUS DOGS.
Any statutory or home rule charter city, or any county, may regulate potentially
dangerous and dangerous dogs. Except as provided in section 347.51, subdivision
8, nothing in sections 347.50 to 347.54 347.565 limits any restrictions that the local
jurisdictions may place on owners of potentially dangerous or dangerous dogs.
Sec. 10, Minnesota Statutes 2006, section 347.54, subdivision 1, is amended to read:
Subdivision 1. Seizure. (a) The animal control authority having jurisdiction shall
immediately seize any dangerous dog if:
(1) after 14 days after the owner has notice that the dog is dangerous, the dog is not
validly registered under section 347.51;
(2) after 14 days after the owner has notice that the dog is dangerous, the owner does
not secure the proper liability insurance or surety coverage as required under section
347.51, subdivision 2;
(3) the dog is not maintained in the proper enclosure; 6f
(4) the dog is outside the proper enclosure and not under physical restraint of a
responsible person as required under section 347.52: or
(5) the dog is not sterilized within 30 days. pursuant to section 347.52. paragraph (d).
(b) If an owner of a dog is convicted of a crime for which the dog was originally
seized, the court may order that the dog be confiscated and destroyed in a proper and
humane manner, and that the owner pay the costs incurred in confiscating, confining,
and destroying the dog.
0 Sec. 11. Minnesota Statutes 2006, section 347.54, subdivision 3, is amended to read:
Subd. 3. Subsequent offenses; seizure. If a person has been convicted of a
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misdemeanor for violating a provision of section 347.51. 347.515, or 347.52, and the
0 person is charged with a subsequent violation relating to the same dog, the dog must be
seized by the animal control authority having jurisdiction. If the owner is convicted of
the crime for which the dog was seized, the court shall order that the dog be destroyed
in a proper and humane manner and the owner pay the cost of confIDing and destroying
the animal. Iftfte l'efS6fl. i3 ft6t e6fl.vietea6ftfte erime far nh1ek tfte a6~ "J.8.3 3eizea, 1:ke
6 dfter HUl) reelfttiB 1:ke aeg l:II'6fl.I'8.ymeftt 16 tfte tt:nimltl e6fl.trel 8.l:I1:k6ffly 6f 8. fee f6r tfte
Slife ftfttib6ftl'tting 6ftfte a6~. If the owner is not convicted and the dog is not reclaimed
by the owner within seven days after the owner has been notified that the dog may be
reclaimed, the dog may be disposed of as provided under section 35.71, subdivision 3;
ftftti tfte 6\Vftef is liable t61:8e 8:ftittt.al 86fl.trel 8.l:Itfterity fer 1:8e 86~ HtelU'f6a ifl. s6H'finiBg,
imp6l:t1l~, tmtl ai31'63~ 6f 1:Iie ae~.
Sec. 12. [347.541] DISPOSITION OF SEIZED ANIMALS.
Subdivision 1. Hearing. The owner of any dog declared dangerous has the right to
a hearing by an impartial hearing officer.
Subd. 2. Security. A person claiming an interest in a seized dog may prevent
disposition ofthe dog by posting security in an amount sufficient to provide for the dog's
actual cost of care and keeping. The security must be posted within seven days of the
seizure inclusive of the date of the seizure.
Subd. 3. Notice. The authority declaring the dog dangerous shall give notice of this
section by delivering or mailing it to the owner of the dog. or by posting a copy of it at the
0 place where the dog is kept. or by delivering it to a person residing on the property. and
telephoning. if possible. The notice must include:
(1) a description of the seized dog: the authority for and purpose of the dangerous
dog declaration and seizure: the time. place. and circumstances under which the dog was
declared dangerous: and the telephone number and contact person where the dog is kept:
(2) a statement that the owner of the dog may request a hearing concerning the
dangerous dog declaration and. if applicable. prior potentially dangerous dog declarations
for the dog. and that failure to do so within 14 days of the date of the notice will terminate
the owner's right to a hearing under this section:
(3) a statement that if an appeal request is made within 14 days of the notice. the
owner must immediately comply with the requirements of section 347.52. paragraphs (a)
and ( c ). and until such time as the hearing officer issues an opinion:
(4) a statement that if the hearing officer affirms the dangerous dog declaration.
the owner will have 14 days from receipt of that decision to comply with all other
requirements of sections 347.51. 347.515. and 347.52:
(5) a form to request a hearing under this subdivision: and
(6) a statement that all actual costs of the care. keeping. and disposition of the dog
are the responsibility of the person claiming an interest in the dog. except to the extent
that a court or hearing officer fmds that the seizure or impoundment was not substantially
justified by law.
Subd. 4. Right to hearing. Any hearing must be held within 14 days of the request
to determine the validity of the dangerous dog declaration. The hearing officer must be an
0 impartial employee of the local government or an impartial person retained by the local
government to conduct the hearing. In the event that the dangerous dog declaration is
upheld by the hearing officer. actual expenses of the hearing up to a maximum of $1.000
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will be the responsibility of the dog's owner. The hearing officer shall issue a decision
0 on the matter within ten days after the hearing. The decision must be delivered to the
dog's owner by hand delivery or registered mail as soon as practical and a copy must be
provided to the animal control authority.
Sec. 13. [347.542] RESTRICTIONS.
Subdivision 1. Dog ownership prohibited. Ex~ept as provided in subdivision 3. no
person may own a dog if the person has:
(1) been convicted of a third or subsequent violation of section 347.51. 347.515.
or 347.52:
(2) been convicted of a violation under section 609.205. clause (4 ):
(3) been convicted of a gross misdemeanor under section 609.226. subdivision 1:
(4) been convicted of a violation under section 609.226. subdivision 2: or
(5) had a dog ordered destroyed under section 347.56 and been convicted of one or
more violations of section 347.51. 346.515. 347.52. or 609.226. subdivision 2.
Subd. 2. Household members. If any member of a household is prohibited from
owning a dog in subdivision 1. unless specifically approved with or without restrictions by
an animal control authority. no person in the household is permitted to own a dog.
Subd. 3. Dog ownership prohibition review. Beginning three years after a
conviction under subdivision 1 that prohibits a person from owning a dog. and annually
thereafter. the person may request that the animal control authority review the prohibition.
The animal control authority may consider such facts as the seriousness of the violation
0 or violations that led to the prohibition. any criminal convictions. or other facts that the
animal control authority deems appropriate. The animal control authority may rescind the
prohibition entirely or rescind it with limitations. The animal control authority also may
establish conditions a person must meet before the prohibition is rescinded. including.
but not limited to. successfully completing dog training or dog handling courses. If the
animal control authority rescinds a person's prohibition and the person subsequently fails
to comply with any limitations imposed by the animal control authority or the person is
convicted of any animal violation involving unprovoked bites or dog attacks. the animal
control authority may permanently prohibit the person from owning a dog in this state.
Sec. 14. Minnesota Statutes 2006, section 347.55, is amended to read:
347.55 PENAL TV.
(a) ~ A person who violates ftftYJ! provision of section 347.51. 347.515. or 347.52
is guilty of a misdemeanor.
(b) It is a misdemeanor to remove a microchip from a dangerous or potentially
dangerous dog, to fail to renew the registration of a dangerous dog, to fail to account for a
dangerous dog's death or rem6'"t™ fr6m tfte jmi:3ttiefl6.ft change of location where the dog
will reside, to sign a false affidavit with respect to a dangerous dog's death or rem6'.TM
Hem tfte jmi3ttieti6.ft change of location where the dog will reside, or to fail to disclose
ownership of a dangerous dog to a property owner from whom the person rents property.
( c) A person who is convicted of a second or subsequent violation of paragraph (a)
or (b) is guilty of a gross misdemeanor.
0 (d) An owner who violates section 347.542. subdivision 1. is guilty ofa gross
misdemeanor.
(e) Any household member who knowingly violates section 347.542. subdivision 2,
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is guilty of a gross misdemeanor.
0 Sec. 15. Minnesota Statutes 2006, section 347.56, is amended to read:
347.56 DESTRUCTION OF DOG IN CERTAIN CIRCUMSTANCES.
Subdivision 1. Circumstances. Notwithstanding sections 347.51 to 347.55, a dog
1hat infliewa :n:lb~tiM 5f ~at b5BiI) :mum. 5l'l a ftltfftftft. be~ 5l'll'tlblie 5f private
flf6l'efty ";.i1i1.5tlt flI'6 . 56ati51'i l'I:iay be aeMf~'ea m a 1'l'6l'er 8ft6 ftltfftlille l'I:iMlftef bj lke
ttfltmM e6fltl'61 fltl1:fterity. The ttfltmM 65l'l1f51 fltl1i1.5rity may ft6t de~tl'6y 1:Ile a5~ ltfitil1:lle
d6~ 5WfttJr M:i ftatl1:lle 6l'f'6rlt1:tHty rer a:h.ea:rittg beNm~ ft11 ~8.l'tifll ae6i~i6fll'l:ialrer. may
be destroyed in a proper and humane manner by the animal control authority if the dog:
(1) inflicted substantial or great bodily harm on a human on public or private
property without provocation~
(2) inflicted multiple bites on a human on public or private property without
provocation~
(3) bit multiple human victims on public or private property in the same attack
without provocation~ or
(4) bit a human on public or private property without provocation in an attack where
more than one dog participated in the attack.
Subd. 2. Hearing. The animal control authority may not destroy the dog until the
dog owner has had the opportunity for a hearing before an impartial decision maker.
The definitions in section 347.50 and the exemptions under section 347.51, subdivision
5 , apply to this section.
0 Sec. 16. [347.565] APPLICABILITY.
Sections 347.50 to 347.56 must be enforced by animal control authorities or
law enforcement agencies. whether or not these sections have been adopted into local
ordinance.
Presented to the governor May 12, 2008
Signed by the governor May 15,2008,2:50 p.m.
0
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@
0
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, Director of Public Works/City Engineer
SUBJECT: Assessment Policy Discussion - Engineering
DATE: September 23,2008
INTRODUCTION
The City Council is reqaested to review and discuss the attached proposed assessment manual
0 revision and direct staff on how to proceed with updating the assessment policy.
DISCUSSION
Attached are proposed revisions to the current assessment manual. As discussed at previous
meetings, staff will present a few pages at a time so that adequate time can be spent discussing the
proposed changes. Pages 4-11 will be reviewed at this meeting with additional proposed changes
presented at the October City Council Workshop. After the entire document has been reviewed it
will be brought back one last time at a workshop for a final review. The last step in the process
will be to have the document formally approved by the City Council at a regular scheduled City
Council meeting.
ACTION REQUIRED
The City Council is requested to discuss proposed changes to the City's assessment policy.
Respectfully submitted,
GJ~Q
David D. Berkowitz
'!'I""" /'
Attach: Proposed Revisions to current Assessment Manual (pgs. 4-11)
0
0 PUBLIC IMPROVEMENT
SPECIAL ASSESSMENTS
I. GENERAL
Minnesota State Law, Chapter 429 provides that a Municipality has the power
to make public improvements such as; sanitary sewer, storm drainage, water source,
storage and distribution facilities, street improvements including grading, curb and
gutter, and surfacing, sidewalks, street lighting, recreational facilities, etc...
THE THEORY OF SPECIAL ASSESSMENTS
Special assessments are an indirect form of taxation. They are a compulsory
charge on selected properties for a particular improvement or service which
presumably benefit the owners of the selected property and are also undertaken in
the interest of the public. Special assessments have three distinct characteristics:
0 1. They are a compulsory levy used to finance a particular public improvement
program.
2. The levy is charged only against those particular parcels of property
deemed to receive some special benefit from the program.
3. The amount of the charge does not exceed the value of the benefits
received.
Special assessments are imposed only on real estate. They are never levied against
personal or moveable property. In theory, special assessments are frequently
regarded as more equitable than property taxes because those who pay them obtain
some direct benefits from the improvements undertaken.
SPECIAL ASSESSMENT USES
Special assessments have three important applications:
0
4
0 1. The first and most popular use is for financing new improvements
particularly when new tracts of land are being converted to urban use.
In this application they are frequently used to pay for sanitary sewer,
storm drainage, water source, storage and distribution facilities, street
improvements including grading, curb and gutter, and surfacing,
sidewalks, street lighting, recreational facilities, etc.
2. Special assessments may also be used to underwrite the cost major
maintenance programs. Large-scale repairs and maintenance
operations on streets, sidewalks, water-main, sanitary sewers, storm
drainage and similar facilities can often and should be financed with
special assessments.
3. A significant new use of special assessments is in the redevelopment of
existing neighborhoods. When residential areas are confronted with
progressive deterioration, or even when presently sound neighborhoods
can be made more desirable through the development of parks,
playgrounds, tree planting and new street patterns, aR€J. the city can
utilize special assessments to good advantage.
0 THE BENEFIT PRINCIPLE
Special assessments may be levied only upon property receiving a special
benefit from the improvement. In Minnesota, the Constitution and courts apply this
general rule by placing the following limitations upon the power to levy special
assessments: (1) the rate must be uniform and equal upon all property receiving
special benefit; (2) the assessment must be confined to property specially benefited;
and (3) the amount of the assessment must not exceed the special benefit.
SUMMARY OF STEPS IN SPECIAL ASSESSMENT PROCEEDINGS
1. Initiation of proceedinQs. This may be done either by the council or by
petition of affected property owners. If a petition is used, it must be
.. ~~9) signed by the owners of the least 35% in frontage of the property
~'~ bordering on the proposed improvements. Even if the council acts
c10 originally on its own initiative, an extraordinary majority is not needed to
initiate the proceedings. In initiating proceedings, or in accepting a
petition requesting such proceedings, the council should simultaneously
0 order a feasibility report on the proposed improvement.
5
0 2. Preparation of a report. The law requires that a report on the feasibility
of the proposal be prepared by the City Engineer or by some other
competent person selected by the council. It must cover such factors as
the need for the project, an estimate of cost, and any other information
thought pertinent and necessary for complete council consideration.
3. Public Hearinq. This step may be omitted when a petition requesting
the improvement has been signed by 100% of the affected land owners.
Notice of the hearing must be published twice in the official newspaper
with each publication appearing at least a week apart. At least three
days must elapse between the last publication date and the date set for
the hearing. Furthermore, a notice must be mailed to each property
owner in the area to be assessed stating the time and place of the
hearing, the general nature of the improvement, the estimated cost and
the area proposed to be assessed. At the hearing, all interested
persons should have a chance to be heard, whether or not they are
liable to be assessed.
4. Orderinq the improvement and preparation of plans. The resolution
ordering the improvement may be passed by a majority of the council if
proceedings were originally commenced by petition. If not, the
resolution must be adopted by an affirmative vote by at least four-fifths
0 (4/5) of the council. Itis after this that the City Engineer should prepare
the necessary plans and specifications. At this point the council should
decide how the work is to be done and, if necessary, issue a call for
bids.
5. Performance of work under contract or bv day labor. The city enters into
a contract with the lowest responsible bidder after advertising for bids, or
the work may be done by day labor.
6. Preparation of proposed assessment roll. Assessment rolls are lists
prepared for each assessment project. They should contain a
description of each parcel or property, and the amount of the
assessment.
7. Public hearinq on the proposed assessment. The purpose of this
second hearing is to give affected property owners an opportunity to be
heard on the matter of the actual assessments being levied. Notice
must be published in the official newspaper and mailed to each property
owner at least two weeks prior to the hearing date. Finally, the total cost
of the improvement project must be published in the city newspaper.
This assessment hearing may also be held prior to awarding the
contract.
0 8. Approval and certification of assessment roll. After the hearing, the roll
must be officially adopted by a council resolution and then certified to
the county auditor.
6
0 9. Issuance of obliQations to finance the improvements. Most of the
special assessments may be paid over a period of several years.
Consequently, on most public improvement projects thus financed,
necessary funds are obtained from bonds issued at the time the
improvement is made. The bonds are then paid off as the funds
become available through the collection of the assessments and any
taxes levied especially for that purpose. .
II PURPOSE
The purpose of this assessment manual is to set forth a guide to be utilized by
the Engineering Department and the Clerk's Department when preparing assessment
rolls for approval by the City Council. so 3S to This process will assure the uniform
and consistent treatment to the various property from year to year.
The Engineering Department will plan and organize improvement projects of
large enough scope such that good bid prices will be obtained. To help insure proper
planning, all petitions for local improvements should be submitted to the City by the 1st
0 meeting in April in a reasonable time frame (City discretion) of the given year
when construction of the improvement will be considered. If the petition is not
received in a reasonable time frame of the given year to complete the
improvements, the project will be continued into the following year. This may
result in additional interest costs that will increase the total cost of the
improvements. Exceptions to this gener~:lI rule may be considered if the benefiting
proporty O'Nners understand the project may not get completed and the interest cost
due t-o not being ablo to assess the project that yoar '....ill increase the total cost of the
improvement.
III GENERAL POLICY
It is the policy that all properties shall pay their fair share of the cost of local
improvements as they benefit: it is not intended that any property shall receive the
benefits of improvements without paying for them. Local improvements will include
water, sanitary sewer, streets, storm drainage, sidewalks, street lighting, recreational
0 facilities, etc.
7
0 IV POLICIES RELATING TO SPECIAL ASSESSMENTS
ASSESSMENTS
The total of assessments cannot exceed th~ project cost and must be
apportioned equally within properties having the same general land use (residential,
institutional, multiple family, commercial or industrial), based on benefit. Total
assessment against any particular parcel shall not exceed benefit to that parcel.
Project cost may include part or all of the cost of previously installed projects not
previously assessed. (Examples include but not limited to: sewer trunk and water
trunk, source and storage, topographic and 8.0. sewer lateral, water lateral and
storm sewer)
Assessment Period
Improvements installed as a part of a new residential subdivision and
petitioned for by the Developer shall be assessed for a period of up to ten (10) eight
0 (8) years. New commercial and industrial subdivisions petitioned for by the Developer
shall be assessed for a period of up to ton (10) eight (8) years. Assessments for
improvements not included as a part of a development shall be assessed for up to a
ten (10) eight (8) year period. A Senior Citizen deferral is permitted. (See State
Law).
Interest Rate
The rate of interest on assessments shall be 1 % greater than the rate of
interest the City paid on the bonds which were issued to finance the project, or in the
event no bonds were issued, then 1 % greater than the average rate of interest on all
permanent bonds issued in the previous calendar year or the current market rate, if
higher.
Indexes
The construction cost index will be used to adjust connection, area and other
0 costs not assessed with the improvement project. The construction cost index is a
number computed by the "Engineering News Record (ENR)" derived from prices of
construction materials, labor and equipment for the Minneapolis area. base year of
8
0 1913 equals 100. The base for the Minneapolis area is 1913 equals 100.
Properties Not Assessed
Special assessments will not be levied against properties described as follows:
1. Undeveloped lands having unbuildable soils and/or lying within the flood
plain of major drainage channels.
2. Drainage ponds areas (defined typically encompassed by public
easements) and major drainage ditch easements such as Cedar Creek
and Coon Creek (CCWD and LRRWMO). Wet ponds and/or
delineated or designated wetlands are not assessed. The
boundary is determined by the elevation contour that is at the high
water level (100 year flood or back to back 100 year flood events)
elevation. Dry ponds are included in the assessment.
3. Cemetaries.
0 4. Railroad right-of-way and major transportation right-of-way (Le. rapid
transit).
5. City park land (not assessed to the City for (New developments only)
Methods of Assessment
The City Council has in the past, in preparing assessment rolls, used four (4)
methods of assessments. Any combination may be used for a particular project.
It should be emphasized that the special assessment method and policies
summarized herein cannot be considered as all-inclusive and that unusual
circumstances may at times justify special considerations. Also, any fixed cost data
and rates presented herein will be adjusted from year to year by the ENR
Construction Index.
0 1. Area: The area to be assessed is the total gross land area in acres of a
property, including street and utility easements, but excluding those areas as
described under "Properties Not Assessed". The types of improvements to be
9
0 assessed on this basis are:
(a) Sanitary Sewer Trunk
(b) Water Trunk
(c) Storm Drainage
Note: Discuss area traffic assessments.
2. Unit (Lot): Unit is a parcel or lot in a residential, area that cannot be further
subdivided, Le., in a single family R-4 or single family R-1 Zone. !The minimum lot
is 80' x 1'12.5' size for R-4 is 11,400 SF and the minimum for R-1 is 108,900 SF.
Refer to the Zoning Code for the most current lot size requirements. The types
of improvements to be assessed on this basis are: Trunk and lateral water, sanitary
sewer, street and storm drainage improvements for subdivision of residential,
industrial and commercial properties.
If a parcel has a potential to subdivide within the Metropolitan Urban Service
District (MUSA) an R-4 designation will be utilized. If the potential subdivided
0 lot is outside the MUSA an R-1 designation will be utilized.
3. Front Footaqe: (short side) Trunk and lateral water, sanitary sewer, street
and storm drainage improvements for subdivision of residential, industrial and
commercial properties. If this method is used, corner lots shall be assessed on
the side that the property is addressed.
4. Variable Costs: Driveways and special services.
Assessable Costs
1. Contract Costs: Amount paid to contractors for constructing the
improvements.
2. Construction Interest: Cost of financing during the time period of the
improvement process starting ,-",hen the first payment is made to the contractor until
0 the assessment roll is approved by the City Council. The interest rate will be the bond
fate. Cost of financing during the time fram of when th first xpense is
incurred and accumulating until the assessment roll is approved by the City
10
0 Council. Developers can also "pay as you go" to eliminate some/all
construction interest by paying all expenditures on a monthly basis. The rate of
interest shall be 1 % greater than the rate of interest the City paid on the bonds
which were issued to finance the project; or in the event no bonds were issued,
then 1 % greater than the average rate of interest on all permanent bonds issued
in the previous calendar year or the current market rate, if higher.
3. Assessment Interest: Cost of fin~lncing during the time period of the
assessment roll st3rting at date of adoption of the roll tho rate is tho bond rate plus
~ Cost of financing during the time frame of when the adoption of the
assessment roll takes place until the final payment of the assessment. The rate
of interest shall be 1 % greater than the rate of interest the City paid on the
bonds which were issued to finance the project; or in the event no bonds were
issued, then 1 % greater than the average rate of interest on all permanent
bonds issued in the previous calendar year or the current market rate, if higher.
0 4. Expenses to be Assessed: Cost incurred by the City in addition to the contract
costs, including but not limited to Engineering, Public Works, advertising,
financing charges, administration and assessing. Refer to Special Assessment
Worksheet in Appendix A for additional expenses.
5. Proiect Cost (total cost of improvements): Total of contract costs, interest and
expense and work previously done but not assessed.
0
11
5'\r I T Y 0 F~ @
0
.. ..NDOVE... .... ..
1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304 · (763) 755-5100
FAX (763) 755-8923 . WWW,CI.ANDOVER,MN,US
TO: Mayor an~(;ol#1cil Members
CC: Jim Dickinson, City Administrator
FROM: David D. Berkowitz, Director of Public Works/City Engineer
SUBJECT: Discuss Status of Autistic Child Signs - Engineering
DATE: September 23, 2008
INTRODUCTION
The City Council is requested to review the "Autistic Child" sign program and discuss making this process
permanent.
DISCUSSION
As a one year trial period, the City allowed requests from residents that have one or more autistic children
to place an "Autistic Child" sign in their yard at the City's expense. The City Council authorized up to a
maximum of 12 signs be placed for this trial period. There were 12 requests. Out of the 12 requests 10
0 signs were installed. The residents that did not have the signs installed either did not want the sign placed
in their yard or just decided not to pursue the program.
Due to the success of the program, staff recommends that the program become permanent and that the City
enter into a long term agreement with each resident to allow the signs to remain on the property as long as
the child is living in the hQ,llse~d is 16 years of age or younger. If the property owner were to move, the
owner would be required through the agreement to contact the City to remove the sign.
If the City Council would like to continue the program staff will bring the item to a regular scheduled City
Council meeting for formal approval.
ACTION REQUIRED
Staff is recommending that the City Council discuss the "Autistic Child" sign program and to move the
program forward for formal approval.
Respectfully submitted,
~09
David D. Berkowitz
cc: Mike & Beth Ziesmer
Jennifer Larson
Katie Meister
Rod Schuler
Sarah Jean Johnson
0 Jennifer & Chris Martin
Lou & Julie Foster
Kristine Naffziger
Elliot & Jennifer KonsGRm
Abby Minor
(5)
0
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and Councilmembers
FROM: Jim Dickinson, City Administrator
SUBJECT: 2009 Budget Progress Report
DATE September 23,2008
INTRODUCTION
The Council has had a number of reviews of the 2009 Proposed Budget that will be supported by
the 2009 Tax Levy. At the last workshop meeting only a few questions remained and those
questions will be addressed through the discussion. Underlined items will be reviewed at the
meeting.
The Council did adopt at the September 2nd regular Council meeting a Preliminary 2009
property tax levy of $10,593,520: $6,879,236 (64.94%) operational levy, $2,241,965
0 (21.16%) debt service levy, and $1,472,319 (13.90%) capital levy. The Council has the
right to reduce or keep constant this levy until the rmal certification date of December 29,
2008. The proposed levy will result in a 4.04 % increase in the tax capacity rate.
DISCUSSION
Budget Guidelines:
The following are City Council's 2009 Budget Development guidelines established by the City
Council on April 1, 2008 and used by City Staff while preparing their proposed operating
budgets (Progress reports on each guideline are identified in italics):
1) A commitment to a City Tax Capacity Rate to meet the needs of the City and positioning the
City for long-term competitiveness through the use of sustainable revenue sources and
operational efficiencies.
Note: As identified above the proposed tax rate will result in a 4.04% increase in the tax
capacity rate. The levy amount proposed bv the City Council did not trigger the requirement
of a Truth-in-Taxation Hearing (refer to attached Minnesota Department of Revenue report
for Anoka County). but in an effort to seek public comment the City Council has schedule a
hearing for December 8.2008 at 7:00 p.m.
0 2) Continued development of a fmancial plan to appropriately structure the expenditure of bond
proceeds generated from the successful 2006 Open Space Referendum.
1
0 Note: The 2009 proposed tax levy for the approved 2006 Open space Referendum is
$162.900. The Open Space Commission held an open house event on September 1ih that
was attended bv approximatelv 260 people. Future information sessions willlikelv be held to
continue to address resident questions.
3) A fiscal goal that works toward establishing the General Fund balance for working capital at
no less than 35% of planned 2009 General Fund expenditures.
Note: Administration/Finance prepared the proposed 2009 General Fund Budget with a
General Fund fund balance for working capital of 37.0% of planned 2009 General Fund
expenditures. The additional 2% working capital fund balance will be designated for use if
building/development activity rebounds.
4) A commitment to limit the 2009 debt levy to no more than 25% of the gross tax levy and a
commitment to a detailed city debt analysis to take advantage of alternative financing
consistent with the City's adopted Debt Policy.
Note: The proposed 2009 debt levy meets the Council guideline. The 2009 debt levy is
21.16% of the gross tax levy.
5) A comprehensive review of the condition of capital equipment to ensure that the most cost-
0 effective replacement schedule is followed. Equipment will be replaced on the basis of a cost
benefit analysis rather than a year based replacement schedule.
Note: By using this approach in the CIP development process, the City was able to defer a
number of large equipment purchases to future years.
6) A team approach that encourages strategic planning to meet immediate and long-term
operational, staffmg, infrastructure and facility needs.
Note: Special attention was given to staffing through this budget process, two department
consolidations initiated in 2008 have been fully implemented and are showing strong
efficiencies. Also, similar to the 2008 budget, some staff positions have been eliminated or
resources redirected
7) A management philosophy that actively supports the implementation of Council policies and
goals, and recognizes the need to be responsive to changing community conditions, concerns
and demands in a cost effective manner.
Note: The 2009 budget pays special attention to recent declines in the housing market.
0 Budget Development & Levy Limits:
2
0 AdministrationlFinance has been meeting with the various departments on their proposed 2009
budgets over the past months. As part of that review, AdministrationlFinance is reviewing with
departments their line item budgets, capital requests and 2008 revenue and expenditure estimates.
The availability of additional tax levy in 2009 is significantly limited by the low taxable market
value percentage increase over 2008. To compound the effort, a result of the. most recent
legislative session was the addition of Levy Limits for all cities over 2,500 in population for tax
years 2009, 2010 & 2011.
AdministrationlFinance has submitted to the State Department of Revenue the "Certification of
Payable 2008 Special Levies", that certification amount will be deducted from the City's 2008
gross levy to determine our 2008 levy base. In summary the City is allowed a percentage
increase over a 2008 levy base and is eligible for some newly prescribed special levies for 2009.
That percentage increase allows for an increase of the lesser of 3.9% or the rate of inflation, in
addition, increases will be allowed for household and commercial growth. The State Department
of Revenue did provide the City. its levy limit notice. the notice for the City of Andover allows
for a 4.47% gross levy increase.
Relative to the newly prescribed special levies for 2009. the City of Andover is eligible for the
special levy for dealing with foreclosures and to pay costs attributable to wages and benefits for
the sheriff contract and Fire Department. For the proposed 2009 levy. Administration has
concluded that it is not advantageous to the City to elect to use any of these special levies for the
0 20091evy. The 2010 and 2011 levies will likely be a different story since it is forecasted that the
City's total market value growth for the next few years will likely decline.
The preliminary General Fund Budget that was adopted on September 2nd was prepared with a
property tax levy at the State imposed levy limit. The 2009 budget does still include a $51.130
shortfall and between now and the end of the year Administration is confident there will be some
variance in the estimates. but rather than addressing the shortfall through additional tax levy or
utilizing a special levy. AdministrationlFinance is recommending that the shortfall be dealt with
through restrictions on expenditures and further monitoring of revenue estimates.
At the end of the meeting, Administration/Finance will distribute to the Council the other fund
budgets for the Council's review. Those budgets will include all of the Special Revenue. Debt
Service. Capital Pro;ects. Internal Service and Enterprise Funds.
Fund BalancelRevenue Forecast Update:
The Comprehensive Annual Financial Report for the year ended December 31, 2007 reported
that the City did achieve it's 2008 budget goal of establishing the General Fund fund balance for
working capital at no less than 35% of planned 2008 General Fund expenditures ($8,885,654).
$3,417,244 was available, which equates to a 38.45% fund balance for working capital for the
2008 Budget.
0 The work being done by Staff relative to the 2008 revenue and expenditure estimates assists in
achieving the Council 2009 budget guideline that works toward establishing the General Fund
fund balance for working capital at no less than 35% of planned 2009 General Fund
3
0 expenditures. The estimates are also necessary to preserve the emergency reserve fund balances
for core services.
Administration/Finance is currently preparing the budget with a General Fund fund balance for
working capital of 37.0% of planned 2009 General Fund expenditures. The additional 2%
working capital fund balance will be designated for use if building/development activity
rebounds.
Administration/Finance is also proposing the following changes to the reserve fund balances for
core services: snow emergency (increasing to $70K from $60K); facility management (increasing
to $70K from $60K); information technology (increasing to $70K from $60K); public safety
(increasing to $70K from $60K); and economic development migration (decreasing from $25K
to $0). These reserves were created through the past three years budget processes and are
intended to be available for the identified purpose and to prevent budget spikes in future years.
Revenue and Expense Estimates:
Based on reviews to date. there are a number of 2008 revenue line items that are forecasted that
will significantly not meet their 2008 budget. Most notably: .
. Finance Fees - Assessment Mgmt. - No assessments closing out in 2008
. Planning and Zoning Fees - Limited platting in 2008
0 . Engineering Fees - Limited development activity
. Protective Inspection (Building) - Limited new housing starts
. Interest Earnings - Bond market producing lower returns
Based on reviews to date. there are a number of 2008 expenditure line items that are forecasted to
significantly exceed their 2008 budget. Most notably:
. Fuel (gas & diesel) - Increased fuel costs
. Sign Materials - All related (posts, reflective material, etc.)
. Crack Fill and Seal Coat Materials - Product tied to petroleum prices
. Garbage/Recycling Fees - Fuel surcharges
. Salt and Sand - Increased number of snow events
The 2009 revenue and expense line items have been adjusted accordingly.
Staffmg and New Staffmg Requests:
New staffing requests were submitted by the Fire Department and the Community Center.
Fire Department: The staffmg request for the Fire Department is for two (2) fulltime firefighters
and was accompanied by a Federal SAFER grant application to assist with a cost share for five
0 years, The SAFER Grant would provide for 90% of the salary costs in the first year and then
4
0 reduce in percent over the next four years (year two, 80%, year three 50%, year four 30% and
year five 0%).
Administration has indicated that if the SAFER grant application is not successful, the positions
will not be considered.
Community Center: The Community Center staffmg request is for one (1) fulltime staffer to
assist with concessions and program management. The staffmg request from the Community
Center will flow through the Community Center Advisory Commission and be dependent on
available revenue sources. The Community Center Advisory Commission and the Recreational
Facilities Manager are scheduled this evening to present the Community Center 2009 Proposed
Budget to the Council. That presentation is attached,
Personnel Related Implications:
To date the following are projected issues facing personnel related expenses:
1. A total salary compensation adjustment package will ultimately be proposed to provide
wages that are competitive with other government entities. Human Resources has
indicated that 2009 wage proposals in other communities for a cost-of-living increase are
ranging from 2.5% to 3.5%. At this point no percentage has been established and Council
direction will be sought on this issue. the proposed budget is using a 3% factor.
0 2. The proposed budget is currently carrying a 15% health insurance increase. A mid year
review of the health plan was conducted with our broker on July 18th. The insurance
claims trends were not that favorable, and upon review it is obvious that we will again be
doing an aggressive marketing of our group. Human Resources is currently working with
our broker to market the group to various carriers. A meeting has been schedule with our
broker on September 30th to review the marketing effort.
The City currently offers the employees a high deductible plan with a health spending
account (HSA), this was implemented in 2006. As part of the program, the City pays for
100% of a single health insurance premium, 76% for a family health insurance premium
and contributes annually to the employees HSA.
3. Various departments have changes in the personal services do to the reallocation or
retirements of staffmg in the respective departments. The allocation changes will be in
Public Works, Engineering, Planning, Administration, Clerks, Finance and Building
departments.
a. Public Works allocations are to be reflective of actual costs and staffing moves
related to the Public Works Superintendent's retirement (effective August 31,
2007);
0 b. Engineering Department reflecting changing staffing focuses and a Public
Works/Engineering department consolidation (approved at the August 8, 2007
Council meeting);
5
0 c. Administration, Planning & Finance allocation reflecting changes in the amount
oftime charged to the TIP & EDA budgets.
d. Finance department reflecting the elimination of funding for vacant positions
(Finance Director & temporary staffing).
e. Clerks Department reflecting the retirement of the current City Clerk (effective
July 1, 2008) and the subsequent Administration/Clerk department consolidation
approved July 2,2008.
f. Building Department reflects the reduction in time spend in the Building
Department by the Deputy City Clerk (Michelle Hartner) due to the retirement of
the previous City Clerk (Vicki V oIk, effective July 1, 2008) and the subsequent
Administration/Clerk department consolidation approved July 2,2008.
Contractual Departments:
1. The City Attorney has proposed an increase in fees equal to that which the City
employees will be receiving for COLA. Administration is supportive of this proposal and
is using a 3% factor.
2. The 2008 City of Andover Law Enforcement expenditure budget is $2,318,241.00 which
is offset by a Police State Aid revenue budget of $103,400 and School Liaison revenue
budget of $81,542 reflecting a net tax levy impact of $2,133,299. The current Sheriff's
contract provides for:
0 a. 80 hours per day of patrol service
b. 12 hours per day of service provided by a Community Service Officer
c. School Liaison Officers in the middle school and high school
d. Patrol Investigator (effective July 1, 2008)
e. 50% of the Crime Watch Program's coordinator position.
The 2009 Anoka County Sheriff's contract being negotiated is a status quo contract (for
services) with a 9.8% expenditure increase. The increase is due to the following:
1. Employer PERA contribution increases that start in 2009
2. A full year of the patrol investigator versus the 2008 mid year implementation
3. Fuel prices
4. Increased equipment maintenance costs
With the proposed increase the 2009 expenditure budget would be $2,545,642 which is
offset by a Police State Aid revenue budget of $112,860 and School Liaison revenue
budget of$83,988 reflecting a net tax levy impact of $2,348,794.
The Anoka County Sheriff was at the August Council Workshop meeting to discuss in
detail the current contract and the 2009 proposal.
0
Council Memberships and Donations/Contributions:
6
0 Staff has received notification of all the proposed 2009 membership fees. the following
memberships (and proposed amounts) are included as part of the 2009 General Fund budget:
. League of Minnesota Cities $18,635
. North Metro Mayor $17,340
. Association of Metropolitan Cities (AMM) $ 8,635
. Community Schools $45,200
. Mediation Services $ 3,323
. YMCA - Water Safety Program $ 4,000
. Youth First (Neighborhood Center) $12,000
. Central Center for Family Resources $ 2,500
The following. donations/contributions are included as part of the 2009 proposed budget (and
estimated amounts) in other funds:
. TH 10/169 Corridor Coalition $ 5,400 Road and Bridge Fund
. Youth First - City Partner Fee $ 7,500 Charitable Gambling Fund
. Alexandra House $13,500 Charitable Gambling Fund
. Senior High Parties $ 1,200 Charitable Gambling Fund
Capital Projects Levy
0 Capital Proiects Levy - The 2009 Proposed Budget specifically designates $1.472.319 of the
general tax levy to capital proiects and equipment needs relating to Capital Outlay ($210.000).
Road and Bridge ($1.151.136). Pedestrian Trail Maintenance ($51.773) and Park Proiects
($59.410). Specific designation of the tax levy to anticipated City needs and priorities for
transportation and trail maintenance, park projects and equipment outlays allows the City to
strategically allocate its resources and raise the public's awareness of City spending priorities.
The Road and Bridge levy is calculated according to Council Policy based on annual growth
increases, with Capital Outlay, Pedestrian Trail Maintenance and Park Levies increased
according to the City Council budget guidelines.
. Road and Bridge - This levy is proposed for transportation programming related to
maintaining City streets, roadways and pedestrian trails. This would be the sixth year that
a portion of the . Road & Bridge Fund is dedicated to pedestrian trail maintenance. This
levy is also used for the City's seal coating and crack sealing programs and for street
overlays.
. Park Improvements - This levy is proposed as an annual appropriation to be used to
underwrite a wide range of park improvement projects as recommended by the Park and
Recreation Commission and approved by the City Council. This funding is intended to be
a long-term supplemental source of capital funding for park projects that would be
0' separately identified in the City's Five-Year Capital Improvement Plan.
7
0 . Capital EquipmentJProiects - Under the Capital Projects Levy a levy is proposed to be
designated to capital improvement/equipment project expenditures identified through the
CIP process. Through this designation, the City, over time, will build a fund reserve to
avoid cash flow "spikes" and address a wide range of capital improvement needs such as
facility maintenance projects under a more controlled spending environment.
Debt Service Levy:
Annually the Finance Department conducts a detailed debt service analysis to monitor
outstanding debt and to look for early debt retirement or refinancing opportunities that will yield
interest expense savings to the City. That process is complete and the Debt Service Fund Budgets
are complete. It was determined that there are no potential refinancing that will yield significant
savings. primarily. since such a significant effort was done during late 2006 and early 2007.
which was followed bv significant refmancing issuances. This was also confIrmed by the City's
Fiscal Advisor, Ehlers & Associates per their annual review of the City's debt.
The proposed 2009 Debt Service levy provides for the following debt service payments:
. 2004A G.O. Capital Imp. Bonds $ 378,609
. 2004 EDA Public Facility Revenue $ 980,914
. 2006B G.O. Equipment Certificate $ 171,066
. 2007 G.O. Equipment Certificate $ 221,340
0 2008 G.O. Equipment Certificate $ 179,895
. 2008 G.O. Open Space Bonds $ 162,900
. 2009 G.O. Equipment Certificate $ 147.241
Total $2,241,965
The $147,241 levy for the 2009 G.O Equipment Certificate is contemplated (for equipment
purchases) as part of the 2009-2013 CIP.
The levy for the 2004 EDA Public Facility Bonds represents the levy designated in the pro-forma
financial statements for the community center.
ACTION REOUESTED
The Council is requested to review the 2009 Budget progress, receive a presentation from the
City Administrator, and provide direction to staff on various budgetary items.
-
0 Attachments
8
MINNESOTA. REVENUE
0
Total Payable Maximum 2009
2008 Final Levy for TNT
Name Certified Levy Hearing Exemption
ANOKA COUNTY 110,864,517 117,731,798
ANOKA CITY OF 5,807,545 6,167,282
BETHEL CITY OF 248;267 263,645
. ~Q~~;;~I~€).Eii0F:r:,}{:<.','< .,',' , ftJ,lS3;7TgJ'" ",' ,...... '.....10{782;67Q: ...W
CENTERVILLE CITY OF 1,985,600 2,108,594
COLUMBIA HEIGHTS CITY OF 7,045,370 7,481,781
CIRCLE PINES CITY OF 2,204,401 2,340,948
FRIDLEY CITY OF 9,527,433 10,117,591
LEXINGTON CITY OF 923,475 . 980,678
0 COON RAPIDS CITY OF 20,027,445 21,268,005
RAMSEY CITY OF 9,059,173 9,620,325
LINO LAKES CITY OF 8,866,956 9,416,202
EAST BETHEL CITY OF 4,264,124 4,528,257
HILL TOP CITY OF 638,246 677,781
ST FRANCIS CITY OF 2,690,415 2,857,067
HAM LAKE CITY OF 4,791,327 5,088,116
OAK GROVE CITY OF 2,689,921 2,856,543
COLUMBUS CITY OF 1,855,471 1,970,404
BLAINE CITY OF 19,229,370 20,420,495
SPRING LAKE PARK CITY OF 3,240,327 3,441,043
IND SCHOOL DIST 0011 93,398,314 99,183,686
IND SCHOOL DISTOO12 16,172,695 17,174,480
IND SCHOOL DIST 0013 7,465,171 7,927,586
IND SCHOOL DIST 0014 7,114,522 7,555,217
IND SCHOOL DIST 0015 11,201,728 11,895,597
IND SCHOOL DIST 0016 16,009,843 17,001,541
0
9
. "
0
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER,MN.US
TO: Mayor and Councilmember's
CC: Jim Dickinson, City Administrator
FROM: Erick Sutherland - Recreational Facility Manager
SUBJECT: 2009 Community Center Budget
DATE: September 16, 2008
Revenues
Ice Arena
Revenues continue to meet the goals of the budget and those indicated in the Performa.
We have increased the expected revenue for 2009 by 3%, which is primarily a reflection
0 of the rate increase. Prime time ice time continues to sell out from late August through
mid March. Staff continues to look at other outside users and in house programming to
increase revenues during the spring and summer months.
Field House
Much like the ice arena the field house will exceed the budgeted number for 2008. We
are increasing the budget number in 2009 by approximately 5%. The field house's prime
hours are sold out from mid-November through mid-April. We have established some
great relationships with our main users. Staff continues to look at ways to sell daytime
hours during the school year and also expand our summer rentals through programming
and outside users~
Concessions
Summer months continue to be very slow. Weare staffing appropriately during the slow
months and going all out during the winter months. With the addition of Sunshine
concessions and soon to be added Andover Station North we have been able to keep our
concessions staff busy during the slower times at the ACC. Weare expecting the
concessions to show a small profit for 2008 as well as 2009.
Advertising
This has been an area that we have seen struggle. In talking with other facilities it sounds
like it's an industry wide problem. It's been very difficult to get local business to
-0 purchase adverting at the Community Center. Most of them have said that their budgets
have been cut back and the advertising monies are just not there. With that said we
currently have over 15 business' advertising with us. These changes are reflected in the
2009 budget.
@
. -
0
Expenses
Utilities
Our utility costs continue to be the biggest obstacle we face. The rising prices of natural
gas and other utilities have effected or budget more then any other issue.
Other
At this point we feel most of our equipment has been purchased. Keeping our inventory
on the day-to-day items it about all we purchase.
Now that all the warranties have expired we have increased our repair and maintenance
funds substantially. We were still fighting some bugs in the system in 2008 and hope to
have a better 2009.
Additional Staff Request
0 As I mentioned above we are starting to see some plateau in the revenues generated for
ice and field house rental. All the prime hours continue to sell, but in order to keep up
with the expenses we need to do more during our off-peak times. I am requesting to
shuffle around current staff and dedicate a person to programming and advertising sales.
This person would be responsible to create new programs that we could offer during
summer months and daytime hours during the school year. The benefits would be
additional revenues for the Community Center and additional programs and opportunities
for the residents of Andover and surrounding communities. The new position over time
would start to pay for itself through the additional program fees and the selling of
additional advertising. The other position affected by this would be our concessions
supervisor. What I'm asking for is really an additional benefit package since we currently
have the wages budgeted for in 2009. By reorganizing I feel we have the opportunity to
take advantage of certain skills that current staff has and for them to better serve the
Community Center and people of Andover while having the least amount of impact on
the budget.
Respectfully submitted,
Erick Sutherland
0
@
CITY OF ANDOVER
Bud!!et Worksheet - 2009
Community Center
2130-
0 Account Actual Actual Actual
Actual Bud""t Estimate Requested
Number Descriution 2004 2005 2006
2007 :zoos :zoos 2009
~~.
"
Charges for Services
55570 VeudingReveuue - 10,083
9,129 10,000 7,000 8,000
Charges for Services - , 10,083
9,129 10,000 7,000 8,000
Miscellaneous Revenue
58100 Refuuds & Reimbursements - - 78,688
184,385 135,000 135,000 165,000
Miscellaneous Revenue - - 78,688
184,385 135,000 135,000 165,000
Total Revenues - , 88,771
193,514 145,000 142,(100 173,(100
Salaries & Beuefits
60110 Salaries - Regular 34,275 148,957 71,257
144,104 258,493 258,493 274,078
60210 FICA 2,178 8,068 4,276
8,384 16,026 16,026 16,993
60220 Medicare 509 1,887 1,000
1,961 3,749 3,749 3,974
60310 Heal1h lnsurauce 1,540 11,794 7,046
12,958 15,279 15,279 17,400
60320 Deutallnsurauce 196 745 367
848 888 888 902
60330 Life Insurance 14 46 22
48 32 32 32
60340 Long-Term Disability 77 266 157
372 305 305 325
60410 PERA 1,762 5,537 3,904
8,940 16,802 16,802 18,355
60520 Worker.; Comp - 2,146 2,506
3,576 4,524 4,524 4,759
60990 1nter-City Labor Allocation - - ,
- 21,546 21,546 7,850
Inter-City Labor Allocation - - -
- (137,236) (137,236) (125,000)
Salaries & Beuefits 40,551 179,446 90,535
181,191 200,408 200,408 219,668
Denartmental
61005 Supplies - GeneIal 651 2,544 613
202 - 1,000 1,000
61020 Supplies - Onerntin. 1I~168 28,155 14,169
8,529 5,000 10,000 10,000
61025 Supplies - Cleaning 4,274 972 -
- - - -
61050 SUDDlies - Diesel Fuel - - 146
160 - 500 500
61105 R & M Sunplies - Geueral 288 3,089 6
541 4,000 1,500 4,000
61120 R & M Supplies - Building 3,595 (97)
2,388 - - -
61130 R & M SupDlies - Landscape - -
I - , -
0 61205 Small & Exnend - Small Tools 1,843 506 1,681 I
- - -
61210 Small & Exneud - Office Equipm 790 474
- - -
61220 Software 3,885 -
, -
61225 Technology Uogrades - 134 -
334 - - -
61245 Items for Resale , 485 -
- -
61310 Meals I Lodging 288 1,093 -
- - - -
61315 Continuing Edocation - 679 -
1,556 - -
61320 Annual Dues I Licenses 275 10 135
270 500 250 500
61405 Postage - 36 -
510 - - -
61410 Transportation I Mileage 162 352 103
, - - -
Departmental 22,834 42,441 17,230
14,490 9,500 13,250 16,000
Operating
62005 Electric - 124,974 132,760
134,777 135,000 140,000 150,000
62010 Water & Sewer Service - 3,018 5,095
10,211 4,800 11,000 12,000
62015 Natural Gas 908 149,113 156,781
191,414 192,000 210,000 240,000
62020 Refuse Collection 278 3,109 4,038
5,013 5,000 6,000 6,000
62025 Storm W_ Utility Charge - - -
- - - -
62030 Telephone 1,245 4,772 5,440
5,479 6,000 5,500 6,000
62100 lnsurauce , 10,000 10,300
10,815 11,356 11,356 11,924
62200 Rentals 6,595 8,213 743
506 , 300 -
62300 Equinmeut Maintellance Contract , 365 4,667
16,365 21,500 21,500 23,000
62305 Software Maintenance Contracts - 450 481
, - - -
Operating 9,026 304,014 320,305 I
374,580 375,656 405,656 448,924
I
Professioual Services
I
63005 Professioual Services 1,440 2,259 I
1,919 8,000 8,000 8,000
63010 ContractUal Services 409 1,188 8,367
8,782 7,500 4,000 10,000
63025 Publishing 393 318 747
, -
63030 Printing , 105 7,492
2,502 5,000 1,000 2,500
63100 R & M Labor - GeneIal - -
13,071 8,000 - -
63105 R & M Labor - Building - 6,203 3,343 I
4,786 25,000 25,000 35,000
Professioual Services 802 9,255 22,208 I I
31,060 53,500 38,000 55,500
I I
Capital Outlay
I
65300 Improvements - 9,613 -
I , - - -
65500 Office Enuipmeut - -
I - - - -
65600 EquiDmeut , - -
i - - , -
Capital 0u1lay - 9,613 -
- - - -
Total EIpeDdituns 73,213 544,768 45O,27ll ,
601,321 639,l164 657,314 740,(192
0 Net Increase (Decrease) in FB '73,213 544,768 (36L.507l
(407,807) , 494,l164 (515,314 1567,(192
""i'II'III'I'I T
I
@
9/18/2008
CfIY OF ANDOVER
Bum.et Worbileet - 2009
;
Community Center I 2130-
.
O - ~ ~.~ ~ ~ - ~
Number Desmutiou 2004 ZOOS 2lI06 z007 2008 2008 2009
i
Community Center COecessiODS -,__~100
ChaIges for Services
55540 Concessious - 39.521 108,119 98,534 125,000 125,000 130,000
ChaIges for Services - 39.521 108,119 98,534 125,000 125,000 130,000
Miscellaneous Revenue
58100 Refimds&Reimbursements - - - 1,594 - - -
Miscellaneous Revenue - - - 1,594 - - -
Total Revenues - 39,5Z1 los.119 100,128 125,000 125,000 130,000
- ::;--
Salaries & Benefits
60110 Salaries - Regular - 9.560 1 43,608 39,829 - -
60210 FICA - 572 2,659 2,436 - - -
60220 Medicare - 134 622 570 - -
60310 Heal1h Insurance - - - - - -
60320 Denlallnsurance - - - - - -
60330 Life Insurance - - - - - -
60340 Long-Tenn Disability - - - - - - -
60410 PERA - - 1,036 1,124 - -
60520 Workers Comp - - - - -
60990 Inler-City Labor Allocation _ - - - 56,000 53,500 56,000
Salaries&Benelits - 10,266 47,925 43,959 56,000 53,500 56,000
Deparbnenlal
61005 Supplies - General - 656 335 - -
61020 Supplies _ 0peratin2 - 5,645 9.569 3,631 8,000 2,500 5,000
61025 Supplies _ Cleaning - 5 1 98 - - -
61105 R & M Supplies _ General - - - 12 1,500 1,500 1,500
61205 Small & Expend - Small Tools - 1,304 420 - - - -
61210 Small & Expend - Office Equinment - - 404 - - -
61245 Items for Resale 16,246 49,028 I 46,277 45,000 50,000 50,000
61310 Meals/Lodging - - - - - -
61315 Continuing Education - 310 - - - -
61320 Annual Dues / licenses - 939 600 600 450 200 450
O 61405 Postage - - - - - 100 -
61410 Transportation/Mileage - - - - - -
Deparbnenlal 25,099 60,361 1 50,618 54,950 54,300 56,950
Operating I
62005 Electric - 5,266 8,474 T 8,603 7,800 8,000 9,000
62010 Water & Sewer Service - 61 325 I 652 288 1,000 1,200
62020 Relitse Collection - 379 1,3451 1,398 1,485 1,500 1,600
62030 Telephone - - - I - - - -
62100 Insurance - - I - -
62200 Rentals - 1,672 I 1,042 1,100 1,100
62305 Software Maintenance Contracts - - I I - - -
Operating - 5,706 11,816 I 1 11,695 9,573 11,600 12,900
Professional Services
63005 Professioual Services - 160 - 2,394 2,000 2,500
63010 Contractual Services - - 1.573 1,196 - - -
63025 Publishing - - - 336 - - -
63100 R&MLabor-General - 195 611 364 - -
Professioual Services - 354 2,184 4,290 - 2,000 2,500
Capital Outlay
65300 Improvements - - - - -
65600 Equipment - - - - 4,500 3,500 -
Cavilal Outlay - - - 1 - 4,500 3,500 -
Total Ex_ditures - 41,425 U2,286 110,562 125,023 124,900 128,350
1
Netln........(De<rease)inFB - 1,904 114,167\1 110,434 (23 100 1,650
: I
o
~ m~
CITY OF ANDOVER.
Bod2et Workslleet - 2009
I
Community Center
2130-
Acc:ount Actual ActaI
A.- Actual Bod..t Estimate Requested
Number Descrintioo 2004 2tlOS
2tlO6 2007 200s 2008 2009
-
Commw;ty Ceater Pro Shop - 44200
_.. '1,: ,"Y.
Charges for Services
55514 Skate Rental - -
- - - -
55515 Skate Sharpening - -
1.599 3,242 3,000 2,800 3,000
55516 Merchandise 1,196
2,562 I 2,345 2,000 2,000 2,000
Charges for Services 1,196
4,161 I I 5,587 5,000 4,800 5,000
Total Reveoues - l.I'6
4,161 I 5,587 5,000 4,800 5,000
~1_J"~lEil
Salaries & Benefits
60110 Salaries - Regu1ar - -
- - - - -
60210 FlCA - - i ;
- - - -
60220 Medicare - -
-
60310 Hea11h InsWllDce -
- - - -
60320 Dental Insurance -
- - - - -
60330 Life Insurance - -
- - - - -
60340 Long-Term DisabiliW -
- - - - -
60410 PERA - -
- I - - - -
60520 Workers Camp - -
- - - - -
60990 Inter-City Labor Allocation - -
- I 1,000 - -
I
Salaries & Benefits - -
- I - 1,000 - -
I
Departmental
I
61020 Supplies - Operating -
2,086 I 1,048 300 250 500
61245 Items for Resale 207 .
796 I 1,380 1,000 800 1,000
Departmental 207
2,882 I 2,428 1,300 1,050 1,500
I
Total Expeuditures - 207
2,ll82 I 2,428 2,300 1,050 1,500
I
Net Increase (De<rease) in FB - 989
1,279 I 3,159 1,700 3,750 3,500
I I
0
0
@
9/1812008
CITY OF ANDOVER
Bad2et Worksheet - 2009
I I i
Community Center i
2130-
!
0 Account Actual A_ i Actual
Actual Budoet Estimate Requested
Number Descriotion 2004 2005 I 2006
2007 2008 2008 2009
I
'" ,
I
Comm....ty Center Ire Areoa - 44300
1iW8ff4i!fr",,-. ~_i@lJiJP'
Charges for Services ;
55505 Ice Rental 21,511 275,444 258,326
253,870 304,000 306,000 310,000
55506 Ice Rental - Taxable - 22,576 36,171
47,274 -
55510 Open Skate 362 6,739 21,155
26,064 18,000 15,000 18,000
55530 Fee Admissions - 12,218 11,053
12,355 13,000 9,000 13,000
55570 Vending Machines 1,000 6,316 1,849
3,882 2,000 5,000 3,500
55580 Advertising 6,810 7,416 , 13,590
16,782 17,500 10,000 10,000
Charges ror Services 29,683 330,709 342,144
360,227 354,500 345,000 354,500
MisCellaneous Revenue
58100 Refunds & Reimhursements - - I 24,441
24,441 24,400 24,400 24,400
58105 Rent - - ,
- - - -
I
58130 Donations - Restricted - I 1,150
- - - -
Miscellaneous Revenue - 25,591 I
24,441 24,400 24,400 24,400
Total Revenues 29,683 330,709 367,735
384.66ll 378,900 369,400 378,900
Salaries & Beoefits
60110 Salaries - Regular - - 97,980
23,285 - - -
60210 FICA - - 5,786
1,431 - -
60220 Medicare - - 1,353
335 - - -
60310 Heallh Insurance - - 5,230
- - -
60320 Dental Inswance - 438
- - -
60330 Life Insurance - 26
- - -
60340 Long-Term Disability - 185
- - - -
60410 PERA - - 4,723
- - - -
60520 Workers Camp - - -
I - - - -
60990 Inter-City Labor Alloca1ion - - -
- 37,475 40,000 45,000
Salaries & Beoefits - - 115.721 I
I 25,051 37,475 40,000 45,000
Departmental
61005 Supolies - Geoeral - - 454
686 - 500 -
0 61020 Supplies - 0neralin2 - 6,292
4,665 5,000 12,500 12,500
61025 Supplies - Cleaning - -
- - - -
611 05 R & M Supplies - Geoeral - 319
1,044 4,000 1,000 4,000
61120 R&M Supplies - Building - 754
- - -
61205 Small & Expend - Small Tools - -
- 1,500 - -
61210 Small & Exoend - Office Equipm - -
- - - -
61220 Software - - -
- - - -
61225 Technology Upgrades - - -
- - - -
61310 Meals I Lodging - - 562
- 800 600 800
61315 Continuing Educa1ion - - 500
- - - -
61320 Annual Dues I Licenses - - -
- 200 200 250
61405 PoSlal!e - - -
- - -
61410 Transuortation I Mileage - -
5 - 250 200 250
Departmental - 8,886
6,395 11,750 15,000 17,800
100erating
62200 Rentals - -
- - - -
62205 Central Equipment Services - 3,500 3,605
3,966 4,363 4,363 5,017
62300 I Eouipment Maintenance Conlrllcl - -
- - - -
62305 Software Maintenance Contracts - -
241 - 255 275
Operating - 3,500 3,605
4,207 4,363 4,618 5,292
Professional Services
63005 Professional. Services - - 3,230
5,405 - 7,500 8,000
63010 Coolrllclual Services - - 750
168 - - -
63025 Publishing - - 200
536 - - -
63030 Printing - - -
- - - -
63100 R & M Labor - Geoeral - 3,739
6,705 7,500 - -
63105 R & M Labor - Building - - 3,106
1,508 - 2,000 2,500
Professional Services - 11,025 I
14,322 7,500 9,500 10,500
I
Cauital Ou1lay
65300 Improvements - - -
I - - -
65500 Office Equipment - -
, - - -
,
65600 Fnuinment - - -
I - - -
Capital Outlay - -
- - - -
Total Expenditures - 3.soo 139,237
49:J7S 61,088 69,lIS 7S,592
Net IDcrease (Decrease) in FB 29,683 327,209 22lI,49ll
334,693 317,812 300,282 3OO,30S
0
@
9//8/2008
CITY OF ANDOVER
Bud~et Worksheet - 2009
-I
Community Center
2130-
0 Account Actual Actual Actual
Actual Bud...t Estimate Reauested
Number Descrintion 2004 2tHl5 2006
2007 2008 2008 2OO!l
Commm dtv Center Fieldhouse - 44400
&
Charges for Services
55520 Fieldhouse Rental - 13,562 70.263
61,380 88,000 88,000 92,000
55521 Fieldhouse Rental- Taxable - 4,890 27,467
30,072 - -
55522 Open Fieldhouse - 5,483 18,484
21,962 18,000 25,000 20,000
55530 Fee Admissions - - -
- - -
55550 Equipment Rental - 2.209 578
1,500 ,- 500
55570 Vending Machines -
- - - -
55580 Advertising - 2,941
4,045 2,500 2,500 3,000
Charges for Services - 26,144 119,733
117,459 110,000 115,500 115,500
MisceUaneous Revenue
58100 Rel\mds & Reimbursements - - 639
- - 1,200
58105 Rent - - 0
0 - - -
58130 Donations - Restricted - - 750
- - - -
Miscellaneous Revenue 1,389
- - 1.200 -
Total Revenues - 26,144 121,122
117,459 110,000 116,700 115,500
N.Y..
Salaries & Benefits
60110 Salaries 0 Regular - 0 18,257
18.280 -
60210 FICA - 1,100
1,133 - -
60220 Medicare 257
265 - - -
60310 Heal1b Insurance - - -
- - -
60320 Dental Insurance - - -
- - 0 -
60330 Life Insurance - - -
- - - -
60340 Long-Term Disability - - -
- - -
60410 PERA - - 3
- - - -
60520 Work"", Comp - - 0
0 0 - -
60990 inter -City Labor Allocation - - 0
- 23,648 20,000 24,000
Salaries & Benefits - - 19,6171 19,678
23,648 20,000 24,000
Departmental 1
61005 Supplies - General - 96
549 - 500 -
61020 Sunnlies - Operaling - 8,040
4,449 5,000 4,000 5,000
0 61025 SuDDlies - Cleaning - - -
- - - -
61105 R & M SUDDlies - General - - -
- 4,000 2,000 4,000
61120 R & M Supplies - Building 0 - 338
2,235 - 2,000 0
61205 Small & EXDeOcI- Small Tools - - 2,455
- - -
61210 Small & Expend - Office Equipm - - - I
- - - -
61410 Transportatiou I Mileage - - 0 1
- 0 0 -
Departmental - - 10,929 1 7.233
9,000 8,500 9,000
Operoting 1
62200 Rentals 0 - 781
215 - - -
62205 Central Equipment Services - - -
- - -
62300 EauiDment Maintenance Contr1lCt - -
- - -
62305 Software Maintenance Contracts - - -
241 - 255 275
Onernting - 781
456 - 255 275
Professional Services
63005 Professional Services - - 2,137
1,762 - 3,000 3,000
63010 Contractual Services - - -
- - -
63025 Publishing - - -
- - - -
63030 Printing - - -
0 0 0 -
63100 R & M Labor - Genera1 - - -
- 3,500 - -
63105 R & M Labor - Building - - -
- - 4,000 5,000
Professional Services - - 2,137
1,762 3,500 7,000 8,000
Capital Outlay
65300 IrllDrovements 0 - -
- - -
65500 Office Equipment - - -
- - -
65600 Equipment - - -
6,495 6,500 10,524 -
Capital Outlay - - - 1
1 6,495 6,500 10,524
1
Total Expenditures - - 33,4641
35,624 42.648 46,279 41,275
Net lDuease (Decrease) in FB - 26,144 1rT,6581 I
81,835 67,352 70,421 74,225
! I
, I
0
G9
9/1812008
CITY OF ANDOVER
IIad2et Worksheet - 2009
I i
Community Center . I
2130-
0 Account Actual ActaaI ; Actual
Actual Bud.et Estimate Requested
Number DescriDtiOD 2004 2005 i 2006
2007 2008 200s 2009
CommUDity Center Mise - 44900
I
Investment Income I
56910 Interest Earned 4,801 3,109 (20,584)
(19,170) - (20,000) -
56920 Valuation Adjustment 15,453 (15,453) i -
- - - -
Investment Income 20,254 (12,344) (20,584)
(19,170) (20,000 -
Miscellaneous Revenue
58100 Refunds & Reimbursements - 38,6n (639)
- - - -
58105 Rent 289 1,417
1,580 235,686 235,686 635,000
58125 Donations - 1,000 -
- - -
58130 DouatiODS - Restricted - 97,646 71,140
92,371 50,000 50,000 25,000
Miscellaneous Revenue - 137,612 71,918
93,951 285,686 285,686 660,000
Other Financing Sources
59100 Operating TransfeIli In 500,000 4,216 i -
- - - -
Other Financing Sources 500,000 4,216 I -
- - - -
Total Revenues 520,254 129,484 51,334
74 781 285-""" 265,686 660,000
,,$,.-,,0<<
Departmental
61320 Annual Dues I Licenses - - -
- - - -
Departmental - - -
I I - -
Other Financing Uses
67101 Operating TransfeIli Out - 434,309 284,013
237,274 210,178 210,178 353,892
Other Financing Uses - 434,309 284,013
237,274 210,178 210,178 353,892
Total Expenditures - 434,309 284,013
237,274 210,178 210.178 353.892
Net Increase (Decrease) in FB 520,254 304,8251 1232,679
1162,493 75,508 55,508 306,108
i@e, i 2,i.,..........i.i....
Total Revenues 549,937 527,054 741,242
876,137 1,049,586 1,023,586 1,462,400
0 Total Expenditures 73,213 1,024,209 1,032,160
1,037,184 1,080,301 1,108,839 1,343,701
NetlDcrease (Decrease) in FB 476,724 497,155) (290,918)
(161,047) (30,715) (85,253) 118,699
I
476,724 (497,155) (290,918)
(161,047) (30,715) (85,253) 118,699
Fund Balance
1IeI!innin. - 476,724 (20,431)
(3ll,349) (472,396) (472,396) (557,649)
Endin. 476,724 (20,431) (3ll,349)
(472,396) (S03,lll) (557,649) (438,950)
Clwges for Services 29,683 397,570 584,240
590,936 604,500 597,300 613,000
Investment Income 20,254 (12,344) (20,584)
(19,170) - (20,000) -
Miscellaneous Revenue - 137,612 177,586
304,371 445,086 446,286 849,400
Other Financing Sources 500,000 4,216 -
- - - -
549,937 527,054 741,242
876,137 1,049,586 1,023,586 1,462,400
Salaries & Benefits 40,551 189,711 273,798
269,879 318,531 313,908 344,668
I Denartmental 22,834 67,747 100,288
81,164 86,500 92,100 101,250
Operating 9,026 313,220 336,507
390,938 389,592 422,129 467,391
Professional Services 802 9,609 37,554
51,434 64,500 56,500 76,500
Capital Outlay - 9,613 -
6,495 11,000 14,024 -
Other Financing Uses - 434,309 284,013 I
237,274 210,178 210,178 353,892
73,213 1,024,209 1,032,160 I
I 1,037,184 1,080,301 1,108,839 1,343,701
I
I
476,724 (497,155) (290,918)!
(161,047) (30,715) (85,253) 118,699
0
@
9/18/2008
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and Council Members
FROM: Jim Dickinson, City Administrator
SUBJECT: 2009-2013 Capital Improvement Plan (CIP)Progress Report
DATE: September 23,2008
INTRODUCTION
In early April, Administration/Finance started the 2009-2013 Capital Improvement Plan (CIP)
process with a kick-off meeting with Department Heads. Since that date various committees
(Vehicle Purchasing & Facility Management Committees) and commissions (Parks &
0 Community Center) have worked diligently to complete their work on the proposed 2009-2013
CIP.
The 2009-2013 CIP has been a discussion topic for the City Council at the June, July and August
Council workshops. At those workshops, progress reports were presented to the Council where
Staff sought Council review of the projects and equipment proposed. Council direction was
provided at each workshop meeting to the point that the 2009-2013 CIP is now scheduled for an
October 21 st Public Hearing.
The main purpose of this September workshop progress report is to follow up on Council
questions and concerns from the August Workshop (Minutes attached). Staff will provide a
presentation at the meeting, focusing on the underlined items.
DISCUSSION
Bud!!et Guidelines:
The following are City Council's 2009 Budget Development guidelines established by the City
Council on April 1, 2008 and used by City Staffwhile preparing the proposed CIP:
1) A commitment to a City Tax Capacity Rate to meet the needs of the City and positioning the
0 City for long-term competitiveness through the use of sustainable revenue sources and
operational efficiencies.
0 2) Continued development of a financial plan to appropriately structure the expenditure of bond
proceeds generated from the successful 2006 Open Space Referendum.
3) A fiscal goal that works toward establishing the General Fund balance for working capital at
no less than 35% of planned 2009 General Fund expenditures.
4) A commitment to limit the 2009 debt levy to no more than 25% of the gross tax levy and a
commitment to a detailed city debt analysis to take advantage of alternative fmancing
consistent with the City's adopted Debt Policy.
5) A comprehensive review of the condition of capital equipment to ensure that the most cost-
effective replacement schedule is followed. Equipment will be replaced on the basis of a cost
benefit analysis rather than a year based replacement schedule.
6) A team approach that encourages strategic planning to meet immediate and long-term
operational, staffing, infrastructure and facility needs.
7) A management philosophy that actively supports the implementation of Council policies and
goals, and recognizes the need to be responsive to changing community conditions, concerns
and demands in a cost effective manner.
0 Current Citv of Andover CaDital ImDrovement Policy:
The following is the City of Andover adopted Capital Improvement Policy, which is part of the
City of Andover Financial Policies:
Capital Improvement Policy:
1. A Capital Improvements Program (CIP) will be developed for a period of five years. As
resources are available, the most current year of the CIP will be incorporated into the current
year operating budget as the Capital Improvements Budget (CIB). The CIP will be reviewed
and updated annually. Years two through five are for planning purposes only.
2. The City will maintain its physical assets in a manner, adequate to protect the City's capital
investment and to minimize future maintenance and replacement costs. The City will
provide for maintenance and replacement from current revenues where possible.
3. To be considered in the Capital Improvements Program a project must have an estimated
cost of at least $5.000 in one of the calendar vears of the project. Projects may not be
combined to meet the minimum standard unless they are dependent upon each other. Items
that are operating expense (such as maintenance agreements. personal computer software
upgrades. etc.) will not be considered within the CIP.
0 5. Capital projects, which duplicate other public and/or private service, will not be considered.
0 6. The City will identify the estimated costs and potential funding sources for each capital
project prior to inclusion in the CIP. The operating costs to maintain capital projects shall
be considered prior to the decision to undertake the capital projects.
7. Capital projects and/or capital asset purchases will receive a higher priority if they meet a
majority of the following criteria:
A. Mandatory project
B. Maintenance project (approved replacement schedules)
C. Improve efficiency
D. Provide a new service
E. Policy area project
F. Broad extent of usage
G. Length of expected useful life
H. Positive effect on operation and maintenance costs
I. Availability of county/state/federal grants
J. Elimination of hazards (improves public safety)
K. Prior commitments
L. Replacement due to disaster or loss
9. The CIP is to be presented by the Finance Director annually to the City Council for approval.
0 Any substantive change to the CIP after approval must be approved by the City Council.
CIP DeveloDment UDdate - Outstandin!! items from the AU!!1lst WorkshoD:
1. City Council Chambers' Chairs:
Staff is in the process of securing quotes for either the replacement of the chairs or a refurbishing
(reupholster) of the chairs in the Council Chambers. At this point Staff is still of the opinion that
this project can be completed for less than $5,000 and that inclusion in the 2009-2013 CIP is not
necessary. This project will become a priority for the Facility Management operating budget.
At a future workshop meeting the Council may want to review the City Hall facility usage policy.
in particular the usage of the Council Chambers by outside organizations. The extensive use by
outside organizations is truly what is accelerating the deterioration of the Council Chamber's
furniture and floor coverings.
2. 2009 Mill and Overlav Proiects:
The Public W orks/Engineering Department has started the public information process for the
0 2009 Street Reconstruction program. Attached to this staff report is a copy of a letter that was
sent out to the residents that will be impacted by the 2009 project.
0 3. Trail Machine/Snow Removal Equioment:
The following narrative was provided by the Public Works Department to further respond to the
questions and concerns about this replacement raised at the August workshop.
Reasons why Public Works is requesting an upgrade from the small Holder trail
machine to a larger Trackless machine.
. An increase in the amount of trails next to Bunker Lake Blvd. and on both sides of
Hanson Blvd. These trails get covered by significant amount of snow in the winter by the
County Highway Department when they are clearing the county roads. This snow is hard
packed and heavy. The smaller machine either sits and spins its wheels or is used like a
battering ram to push through the snow at intersections.
. A larger trackless machine has fewer problems proceeding through and gets the trails
opened to the correct width in one pass. The smaller machine requires two passes
because of the smaller attachments.
. Many times the snow is over the smaller Holder snow blower and the machine will not
make it through certain locations, so the operators have to skip that area and wait till they
can get it with the larger trackless machine. -
0 . Fuel, labor and machine abuse are areas of savings the City will see with the larger
machine.
. Sharing of attachments between equipment will become possible. This currently can't be
done with the smaller machines.
. A safer, roomier cab will provide better visibility for the operator to see oncoming
pedestrians and vehicles.
4. Annual Ci!v Park Plavscaoe UOf!rades:
The Council indicated they would like a listing of what is planned as the proposed park playscape
"rebuilds" for the next five years. Listed below is the tentative schedule and estimated cost
(attached is a Parks and Trails map for your reference):
. 2009 - Meadowwoods North Park and Tot Lot on 138th Lane NW at $ 22,500.00 each
. 2010 - Timber Trails Park and Nordeen's Park at $ 22,500.00 each.
. 2011 - Pleasant Oaks Park and Woodland Meadows Park at $ 22,500.00 each
. 2012 - Green Acres Park and Northwoods East Park at $ 22,500.00 each
0
. 2013 - Langseth Park and Andover Lions Park at $ 22,500.00 each
.
0 5. Public Hearin1! for CIP:
Attached is a copy of the advertisement that will be placed in the Anoka Union and the updated
CIP calendar.
ACTION REQUESTED
The Council is requested review the staff report and various attachments, receive a brief
presentation on progress, and provide direction to staff.
~
0
0
0 Regular Andover City Council Meeting
Minutes - August 26, 2008
Page 3
1
2 2009 - 2013 CIP DEVELOPMENT PROGRESS REPORT
3
4 Mr. Dickinson reviewed the CIP with the Council. He not~ the plan was ready to take to a public
5 hearing.
6
7 Councilmember Trude indicated the sound issue in the chambers is going to be done through QCTV. cD
8 She thought the chairs were in bad shape and should be replaced. Mr. Dickinson stated the chairs are
9 around five years old and the chambers is utilized extensively by the public. Councilmember Trude
10 thought they should have some type of rule on food and beverages or keep some chairs set aside for
11 presenters.
12
13 Mr. Dickinson sta.t!:Xl they could fit new chairs in the overall opemtions budget but it would not fit
14 into the CIP. He stated he could find a use for the chairs in the Council Chambers .immediately.
15 Councilmember Knight thought they should look at using hard surface chairs if they appear nice.
16
017 Mayor Gamache asked on the mill and overlay projects. They are looking at a few rural areas again J @
18 in 2009 and future years. They have always had issues when they get to the rural and he wanted to
19 make sure everything was in order. .
20
21 Mayor Gamache asked on the trail machine/snow removal equipment iftbis was a replacement. ~ @
22 Dickinson stated the issue is they like to get the sidewalks cleared efficiently and the snow removal. 3
23 equipment they currently have is not that efficient.
24
25 Councilmember Trude wondered if they should have more insight in the $50,000 that the Parks
26 Deparbnent spends each year. Mr. Dickinson stated it is the Council's ultimate decision on what the
27 funds are used for but City staff actually allocates the funds for different park projects throughout the
28 City.
29
30 Councilmember Orttel wondered if they want to abandon some or the parks for certain uses until
31 there is a resurgence of use in them. Mr. Dickinson stated he will have the Park Commission put
32 together a list of items for him and he will bring it forward to the Council.
33
34 The Council thought this item looked good and should move forward to a public hearing. j @
35
36
37 CITIZEN REQUEST
38
039 Mr. Rod Pakonen, 13890 Holly Street, asked the Council to seriously consider doing some kind of
40 ordinance to control the use of garbage cans in front of houses. He noticed in his neighborhood that
41 the amount of garbage cans in the front of the homes has significantly increased. He thought there
42 was an impact to home sales. He thought by having an ordinance restricting these from the front of
43 homes would dress up the neighborhoods.
44
--
Q\
di
.f'
0 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304. (763) 755.5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
September 3,2008
Re: City of Andover 2009 Street Reconstruction (C.P.~l-!01~\~\\
Woodland Meadows - North Half
Dear Andover Resident:
Each year the roadway segments that are in the most need of repair throughout the City are
reconstructed as a portion of our street reconstruction program. Your development has been
identified in the City's 5- Year Capital Improvement Plan for reconstruction during the summer of
2009. Starting early this fall, City staff will begin surveying your neighborhood so plans can be
prepared this winter for the project. The enclosed map depicts the proposed area for the project.
The project would consist of milling the existing bituminous roadway, shaping the existing gravel,
constructing concrete curb and gutter, and constructing new bituminous pavement. Minor storm
sewer improvements would also be included in this project. Seventy-five (75%) of the total project
costs would be funded through the City's Road and Bridge fund and the remaining twenty-five
(25%) of the total project costs would be assessed to the benefiting properties in accordance with
0 the City's Roadway Reconstruction Assessment Policy. A preliminary feasibility report will be
prepared this fall to determine estimated assessment amounts for each parcel.
A Neighborhood Informational Meeting will be held in late fall/early winter to meet with you and
discuss the process and receive any feedback you may have regarding the proposed project. At this
meeting City staff will be able to provide estimated assessment amounts as identified in the
preliminary feasibility report. A notice will be sent to you in the mail once the preliminary
feasibility report has been prepared and a date has been set for the informational meeting.
Please feel free to contact me if you have any questions at (763) 767-5130 or David Berkowitz,
Director of Public Works / City Engineer, at (763) 767-5133.
Sincerely,
C Y OF AN OVER
~
ason J. Law, P.E.
Assistant City Engineer
Enclosure
0 Cc: ~d Berkowitz, City Engineer
Jim Dickinson, City Administrator
Mayor and City Council
Pile
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
0
NOTICE OF PUBLIC HEARING
The Andover City Council will hold a public hearing on the 2009 - 2013 Capital Improvements
Plan at 7:00 p.m., or soon thereafter as can be heard on Tuesday, October 21,2008 at Andover City
Hall, 1685 Crosstown Blvd NW, Andover, Minnesota. The purpose of the hearing is to receive
public testimony on its proposed Capital Improvements Plan for the five-year period from 2009
through 2013. The proposed Capital Improvements Plan is on file and is available for review in the
Finance Department at City Hall.
Jim Dickinson, City Administrator
Publication Dates: October 10, 2008
October 17, 2008
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'Parks Inventory:
CJ)
" j!;i~'it);~~f~j~\i~;!',~~;~;~~~il,;;'i;!i~;i;;"ii;;>l~~,t, "
-' . . "...,\lI~1 J - ,;J:w" 1!" .,,, "\"'l U:"'''''~'' "", ,. "j' '", '.,c ' ~'" 0
Park Name Park # Acres Type i;!:'2",I~'~~':i,'iflj~~ ;;~~J~Jtiifflj:!'~,)lj~ il j
BIRCH RIDGE 1 13.39 UN
;r;, ,'" j " " ';",;',' ',;JiW',';.' >" ".
I"", ''ice ",;'" , ,
HAWK RIDGE 2 13.48 N Y " ' Y
Y Y..... ' Y 1,>,'1, , ",; ",,"", ",'
FOREST MEADOWS 3 6.78 N "
Y Y .' "'>
TIMBER TRAILS 4 . 7.05 N Y
Y Y
LANGSETH 5 1;72 M
Y
CEDAR CREST ESTATE 6 0.87 UM
CEDAR CREST 7 2.77 UN
GROW OAK VIEW 8 12.77 UN
WHITE OAKS 9 9.30 UN
WOODLAND MEADOWS 10 0.88 M
Y
VALLEY VIEW 11 8.74 UN
LUND'S NORTH 12 3.89 N Y
TULIP PARK 13 1.85 UM
PINE HILLS 14 4.97 N Y
Y Y
OAK HOLLOW 15 5.62 UN
FOX MEADOWS 16 12.76 N
Y Y Y Y
Y
MOORES ESTATES 17 0.83 UN
LANDLOCKED PARK 18 2.25 UN
NORDEEN'S 19 0.84 M Y
Y
KELSEY ROUND LAKE 20 136.10 CPA
Y
STROOTMAN PARK 21 10.97 N Y
Y Y Y
CITY HALL PARK COMPLEX #1 22 8.11 CPL Y
Y Y Y
SUNSHINE PARK 23 36.31 CPL Y Y
Y Y Y Y
RIVER TRAILS 24 11.41 UN
PRAIRIE KNOLL 25 20.37 N Y Y
Y Y Y Y
MEADOWOOD NORTH 26 0.98 M
Y Y
ROUND LAKE BOAT LANDING 27 1.71 UM
Y
OAK BLUFF 28 3.63 N
Y Y
MEADOWOOD SOUTH 29 0.45 UM
PLEASENT OAKS 30 14.75 M Y
Y Y
MEADOWS OF ROUND LAKE 31 0.58 M
Y
HARTFIEL'S 32 1.47 UM
DEHN'S . 33 2.23 UM
SHADY KNOLL 34 1.41 M Y Y
THE OAKS 35 1.47 UM
CREEKRIDGE 36 2.21 UM
CREEK VIEW CROSSING 37 0.65 M Y
Y Y
. GREEN ACRES 38 1.29 M Y Y
Y
ROSE PARK 39 5.06 N Y
Y Y
RED OAKS WEST 40 2.84 N Y
Y Y ,
NORTH WOODS EAST 41 2.17 N Y
Y
HILLS OF BUNKER LAKE WEST 42 6.43 N Y
Y
RED OAKS EAST 43 3.64 UN
NORTH WOODS WEST 44 ,3.67 N
Y Y
REDWOOD PARK 45 5.59 UN
WILD IRIS 46 11.31 N Y Y
Y Y .
SHADOWBROOK WEST PARK 47 11.34 UN
138TH AVE. PARK 48 0.34 M
Y
HIDDEN CREEK NORTH 49 8.25 N Y Y Y
Y Y
CROOKED LAKE BOAT LANDING 50 2.11 M
Y Y
HIDDEN CREEK EAST 51 2.72 N Y
Y Y
HIDDEN CREEK SOUTH 52 0.36 M
Y
COON CREEK PARK 53 37.66 CPA
Y
ANDOVER LIONS 54 18.92 N Y
Y
TERRACE PARK 55 7.62 N Y Y
Y Y
SHADOWBROOK EAST PARK 56 22.91 CPL Y Y
, Y .' ,c. , "'",
,
TIMBER RIVERS PARK 57 7.081 !>"N'< '''''''''; .;, :~::~~~1~fir ;:)~~~M-~',~~..~~
":":'il."!t.'f.f' if,i':Y'tt" 1;:;!.Y;'~t :'4Y')\i.j< ~~;~-~':~l~T:";~~ t1<~1\l
ftY~~ At~~::}:f::'}r/1
CHESTERTON COMMONS PARK 58 0.60 M
Y
EVELAND FIELDS 59 7.07 CPL Y
,,'
WOODLAND ESTATES PARK 60 0.26 M ." , ~l':';!ij~;
,,,,r ,y ,'J""':';;, ":ii." ,; " ""':' h ", "t
OAKVIEW PARK 61 1.04 M ,~;'i oJ,., '"H" :\""
i,:fI.~. jf;\~y,.j,; i_~i':j~~.~~~~,}. .t;'-,'-1;:; .:', I:".,";'" , ii" ;~,(;1?f.!;;;:~!j
. ~:d'tt,;,-::;!>:: I.:,' "'r,,;'
COUNTRY OAKS PARK 62 1.10 N Y '" ,,,>, ,,' "
: <~J".~ ;;'., ~~: I\Y l"-'";'~;<;,~"..~~f' '.I Fht'.- ~~'> ~t 1\ ',; '.
.(,"
",',:'-,-' ;"
SOPHIES PARK 63 0.78 UN ;" I"t,> 'L
"."t,f I'", ' ,"I" ::'ii:'-". t. ~~ ' ,:til~,~,j;;' I,': if"" I,. ..,,',::1 ,'.
'" , . '
WOODLAND CROSSINGS PARK 64 5.21 N Y "',.:,
",';. Y/',} ~Y;'':-t' :'~~ IW' ii";;,,'",
, '",'
ANDOVER STATION N BALLFIELDS ,65 23.14 CPL Y t.,',' '.<";:u
Y l: i:i ,:l;~;~r:;Y,<.;';_' :, i!',,':' '.."
".
KEY:
Updated: Mey 2007
file location: H:\GISDA T A\PARKS\DA T ABASE\Parks Inventory.XLS