HomeMy WebLinkAboutWK February 24, 2009
C I T Y o F
NDOVE
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
City Council Workshop
Tuesday, February 24, 2009
Conference Rooms A & B
1. Call to Order - 6:00 p.m.
2. Northern Natural Gas Presentation - Northern Lights (Elk River Loop) Project - Engineering
3. Discussion with County Assessor - Scheduled - Administration
4. Discuss Additional Hockey Rinks & Hawkridge Park - Public Works
5. Discuss State Aid Designations & Revocations - Public Works
6. Discuss Nonconforming Structures Code Language - Planning
7. Discuss Status of Crosstown Boulevard/Crosstown Drive Intersection - Public Works
8. Comprehensive Plan Update Discussion - Planning/Administration
9. Continued Discussion Sustainable Landscape - Hanson Boulevard - Planning/Engineering
10. Discuss Single Family Residential Market Value Preservation - Planning/Administration
11.2008-2009 & 2007-2008 Council Goals Progress Report - Administration
12. Adjournment
@
C I T Y o F
NDOVE
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and Council Members
CC: Jim Dickinson, City Administrator
FROM: David D. Berkowitz, Director of Public Works/City Engineer
SUBJECT: Northern Natural Gas Presentation for the Northern Lights (Elk River Loop)
Project
DATE: February 24, 2009
INTRODUCTION
Northern Natural Gas will provide an update to the City Council on the Northern Lights (Elk River
Loop) project and be available to answer questions.
DISCUSSION
The Northern Lights (Elk River Loop) project consists of constructing a 20 inch diameter pressure
pipeline from Prairie Knoll Park, southeast to 146th Lane, then east to University Ave. The projectwill
then continue into Ham Lake. Refer to the attached map and aerial photos for details.
.' In the last year Northern Natural Gas has been in contact with property owners in Andover that will
potentially be impacted by the project. One main concern regarding the project was the location of the
pipeline down 146th Lane. Originally Northern Natural Gas had planned to make the improvements
within their easement on the south side of the road. After staff discussed this with the City Council, it
was decided that the City would be receptive to allow the pipeline to be constructed under the east bound
lane of 146th Lane as long as Northern Natural Gas would agree to put the entire roadway back to or
greater than the existing condition. Northern Natural Gas has agreed to the conditions and is moving .
forward with plans to reconstruct the road. By placing the pipeline under the road many mature trees
will be saved and the project location will have much less of an impact to the properties that are adjacent
to the project.
ACTION REQUIRED
No action is required. Northern Natural Gas will present the project to the City Council and be available
to answer any questions.
Respectfully submitted,
Ci24:J ~
David D. Berkowitz
Attach: Letter from Northern Natural Gas & Project Location Map with Aerials
February 19,2009
City of Andover
Mayor and Council Members:
Re: Northern Natural Gas Company Pipeline Expansion Project
The Northern Lights 2009-2010 Zone EF CP09-11 Expansion is part of the Northern
Lights project, a multiphase pipeline expansion project designed to increase the capacity
of Northern Natural Gas' natural gas pipeline for its customers in its Market area through
2026. The Northern Lights project offers an economical way to deliver the increased
demands for clean, efficient natural gas to meet the growing energy demands for
residential, commercial and industry use, power generation and ethanol production.
As such, Northern proposes to construct and operate an approximately 6.06-mile
extension of the 20-inch-diameter Elk River loop which partially goes through the city of
Andover as shown on the attached aerial photographs.
On October 17, 2008, Northern filed with the Federal Energy Regulatory Commission
(FERC) its application for the 2009-2010 Zone EF Expansion project pursuant to Section
7 of the Natural Gas Act. Northern requested approval by March 20, 2009, to construct
and operate the facilities. FERC assigned the application Docket No. CP09-11-000.
A copy of the application Northern filed with FERC may be obtained through their Web
site at http://www.ferc.gov using the "eLibrary" link at the top right comer of the home
page. Under Search Options, click Docket Search. Enter the docket number (CP09-11) in
the Docket Number field, and click Submit to access the document. User assistance is
available at ferconlinesupport@ferc.gov or toll free at 866-208-3676 (TTY, call 202-502-
8659).
On November 25, 2008, Northern received from FERC approximately 39 data requests
(inclusive of subparts) related to environmental reports that Northern submitted in
support ofthe application. On December 15,2008, Northern submitted to FERC its
responses to the data requests. The data requests and responses are available on the FERC
Web site via the "eLibrary" link.
Northern will be placing the pipeline mostly within currently existing easements. There
are occasional areas which may need additional easement rights across private property
and Northern is working with landowners to obtain them. Northern has been working
with the city staff and will submit the appropriate road crossing permits.
Thank you in advance for your time and consideration in this matter.
Very truly yours
Elizabeth E. Babcock
Regional Manager, Right-of-Way
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C I T Y o F
NDOVE
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and Council Members
FROM: Jim Dickinson, City Administrator
SUBJECT: Discussion with County Assessor
DATE: . February 24, 2009
The listed below representatives from the Anoka County Assessor's Office will be present at the
meeting to discuss with the Council the 2009 market value assessment process for pay 2010
property taxes.
Mike Sutherland - Anoka County Assessor
Jason Dagastino - Assessor assigned to Andover for residential valuations
John Leone - Assessor assigned to Andover for commercial/industrial valuations
'---
@
C I T Y o F
NDOVE
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US
~
TO: Mayor and Council Members
CC: Jim Dickinson, City Administrator ~-:>
David D. Berkowitz, Director of Public Works/City Enginee;:t:>.
FROM: Todd J. Haas, Assistant Public Works Director
SUBJECT: Discuss Additional Hockey Rinks & Hawkridge Park/09-16 -Engineering
DATE: February 24, 2009
INTRODUCTION
This item is in regard to the status of the potential construction of hockey rinks as part of the City
Hall Campus and an update regarding Hawkridge Park.
DISCUSSION
Attached is a letter that was recently received from the Andover Huskies Youth Hockey Association
(AHYHA) that proposes their financial assistance and what they would like the City of Andover to
contribute. In reviewing the proposed contributions, City Staff has provided a response for each
item listed on Page 2 of the AHYHA proposal that should be discussed.
City of Andover's contributions request from AHYHA:
. Designate approximately 2.5 acres - hockey facility - located west of water treatment plant
for project.
Staff response: At the January workshop, the City Council indicated that they would
consider the property to the west of the water treatment plant as a potential site. Attached is
a d.raft of the hockey rink layout.
. Site grading and all engineering required to construct project.
Staff response: City staff has indicated that yes the grading and all engineering services
would be provided by the City. Permit fees would need to be funded by AHYRA. If the
association is able to find a contractor willing to do the grading at no cost to the City, that
would be preferable.
. Construct class 5 parking lot and driveway.
Staff response: Staff is recommending to the City Council to allow a Class V parking lot
and driveway. The City would provide reclaimed Class V from other construction projects if
these projects move forward If the projects do not moveforward, Class V would not be
provided
. Waive all permits and fees for construction.
Staffresponse: Coon Creek Watershed District and MPCA NPDES permits will most likely
be required for the grading and the fees cannot be waived A permit for the construction of
the building will be required and by building code the permit fees have to be paid by the City
or by the AHYRA but cannot be waived It is recommended that AHYRA pay for all permit
fees due at the time the applications are made.
Mayor and Council Members
February 24, 2009
Page 2 of3
. Electrical hook ups to warming house.
Staff response: It is recommended that all electrical cost to hookup the warming house
would be the responsibility of AHYHA.
. Gas hook up for warming house.
Staff response: It is recommended that all gas hookup costs for warming houses be the
responsibility of AHYHA.
. Water lines to the warming house.
Staff response: It is recommended all water lines that need to service the warming house be
the responsibility of AHYHA. Note: It will be difficult to serve municipal water to the site
as the closest connection would be across Crosstown Boulevard NW on the south side of the
road The watermain line along the north side of Crosstown Boulevard NW is a
transmission line to feed the water treatment plant. Also without municipal sanitary sewer,
there would be no way to dispose of the water.
. Flooding and maintenance ofrinks.
Staff response: It is recommended by staff that the City would continue to flood and
maintain the rinks as the City has done in the past at the other hockey rink facilities.
. Yearly electrical/gas cost to park.
Staff response: The City would be responsible for yearly electrical and gas costs as it does
at other buildings such as Prairie Knoll Park.
. AHYHA understands this is a temporary location for this facility (10-15 year term). If the
City of Andover decides to relocate this park on a new site the City agrees to reconstruct this
facility in the same general area at City's expense. In the case of reconstruction, the City
agrees to work with AHYHA's governing body to find the best location for the facility. The
construction and completion of the relocated facility must occur in the same calendar year as
the demolition of the temporary facility.
Staff response: Relocation would have to be part of the Capital Improvement Plan process
and approved by the City Council. Funding sources would be determined at that time.
. Granting the use of a temporary enclosure for one or both rinks if an enclosure becomes
available.
Staff response: This propose use of a temporary enclosure for one or both rinks would need
to be approved by the City Council as current building rules and guidelines do not allow
this building construction anywhere within the City. The enclosure or coverall that AHYHA
is considering is made by Sprung Structures. To review the coverall, visit the following
website at http://www.sprung.comlen/IndustryGallery/Home.php?indld=20
. Supply two out houses during hockey season. 'No bathrooms can be built at this time due to
the location of the sewer.
Staff response: The City is committed to provide one portable bathroom just as they do at
Hawkridge Park. The second portable bathroom would have to be provided at their cost by
AHYHA.
Note: Staff has not heard back from the North Metro Soccer Association (NMSA) as to their
commitment to help reconstruct Hawkridge Park if the hockey rinks go away. As soon as we receive
a formal letter from NMSA, staff will bring this forward to the Park Commission for their review
and eventually back to the City Council.
Mayor and Council Members
February 24, 2009
Page 3 of3
BUDGET INMP ACT
As mentioned above, staff is recommending that the city contribution at this time would be
providing the grading, engineering services and the Class V for the parking lots and driveway areas
if available. Only in kind services are recommended. No cash contribution is available.
ACTION REQUIRED
The City Council is requested to discuss the proposal from AHYHA and the responses that staff has
provided for each of the items.
Respectfully submitted,
~;~
Todd J. Haas
Cc: Tony Howard, President of Andover Huskies Youth Hockey Association
.1/""
Attachments: Letter from AHYHA and Site Plan Concept v
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RECEIVED
To: Andover City Council and Staff FEB 1 7 2009
From: Andover Huskies Youth Hockey Assoication CITY OF ANDOVER
AHYHA would like to thank the City of Andover and it's staff for helping us move
forward with establishing a outside hockey complex for our members and the community
at large. With rising cost for participation in youth athletics, this park will help to
minimize cost to our members and continue our growth as an association. In the last two
seasons we have realized growth of 10-15% and if we can effectively stabilize cost we
can continue this trend.
Weare all well aware of the economic and financial situation that we face as a nation
and community. The following paragraphs are an outline ofthe financial assistance
AHYHA is willing to contribute to the project. There is also a list of partnership
agreements AHYHA would like the City of Andover to consider as part of our financial
contribution.
For the follow contributions to the facility the Andover Huskies Youth Hockey
Association would like exclusive rights to the scheduling of ice time available at these
two rinks working in cooperation with Erick Sutherland on open hours for the
community. We would also like the assurance from the city that these rinks will not be
used for any other purpose other than hockey as in the future we look to asphalt the rinks
for summer roller hockey. Although AHYHA is contributing to a city owned facility we
also ask for an agreement for exclusive rights to storing of our equipment in the wanning
house.
Andover Huskies Youth Hockey Association contribution:
. Construct a maintenance free wanning house approximate size of25' x 75'x 10'
high. The warming house will be constructed using earth tone colors and will be
in the color scheme of the surrounding community buildings. The building will be
made of colored rock faced concrete blocks with a pitched asphalt roof with
aluminum sofits and fascia.
1. Concrete with rubber flooring
2. Two heaters
3. Electrical sub panel (Lights and outlets to code)
4. Concrete aprons and walk ways
5. 15' x 25' garage for future zamboni storage
6. Commercial windows and door
Approximate cost $75,000.00
. Construct two 200' x 85' hockey rinks with boards
1. Purchase used inside boards with plexi glass enclosures or construct
maintenance free wood boards
2. 2' concrete apron around hockey boards for easy summer maintenance and
freezing of ice surface
Approximate cost $30,000.00
. Lighting for the rinks including poles and lights
Connexus Energy
. Rental of refrigeration system for at least one rink
TBD
These are all approximate cost to AHYHA. We don't expect an over run on any portion
of the project as we are in the middle of asking for donations to the project. In the event
of a cost overrun all cost will be absorbed by AHYHA
City of Andover's contribution:
Designate approximately 2.5 acres ~ hockey facility -located west of water treatment
plant for project
. Site grading and all engineering required to construct project
. Construct class 5 parking lot and driveway
Wave all permits and fees for construction
Electrical hook ups to warrping house
. Gas hook up for warming house
Water lines to the warming house
Flooding and maintenance of rinks
Yearly electrical/gas cost to park
AHYHA understands this is a temporary location for this facility (10-15 year term). If
the City of Andover decides to relocate this park on a new site the city agrees to
reconstruct this facility in the same general area at cities expense. In the case of
reconstruction the city agrees to work with AHYHA's governing body to find the best
location for the facility. The construction and completion of the relocated facility
must occur in the same calendar year as the demolition of the temporary facility.
" Granting the use of a temporary enclosure for one or both rinks if an enclosure
becomes available.
. Supply two out houses during hockey season. No bathrooms can be built at this time
do to the location of the sewer
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and Council Members
CC: Jim Dickinson, City Administrator
FROM: David D. Berkowitz, Director of Public
SUBJECT: Discuss State Aid Designations & Revocations - Engineering
DATE: February 24, 2009
INTRODUCTION
The City Council is requested to consider Municipal State Aid Street (MSAS) designations for 2009.
DISCUSSION
The City has 0.71 miles available for State Aid designation. At the February 1 ih Regular Scheduled
City Council meeting the Council directed staff to contact the residents that would be impacted by
Ventre Street designation and/or option 2 listed below. Staff has contacted the residents and either has
met or has a scheduled meeting with all parties before the Workshop. Proposed designations need to be
communicated to MnDOT by March 1,2009. Upon approval of the designations from MnDOT, formal
resolutions from the Council need to be submitted by May 1,2009.
Rank Route To/From Milea2e
1* Xeon St. Andover Blvd. to Crosstown Blvd. 1.21
2 Ventre St./168th Ln. 165th Ave. to ih Ave. 0.65
3 178th Ln. Tulip St. to Round Lake Blvd. 0.50
4 l78th Ln./179th Ave. Round Lake Blvd. to Verdin St. 1.00
5 Shadowbrook Bunker Lake Blvd. to Prairie Road 0.75
6* Xeon St./155th Ave.Nale St. Crosstown Blvd. to 161 st Ave. 1.11
7 Old Constance Blvd. Constance Blvd. to University Ave. 0.40
* Segments currently designated as collector routes in the Comp Plan
Comments from the residents will be discussed at the meeting. Please bring your State Aid designation
map to the meeting.
ACTION REQUIRED
The City Council is requested to discuss the merits of option 2 and direct staff on how to proceed with
the State Aid designation.
Respectfully submitted,
(j)~Q'1
David D. Berkowitz
(fi)
C I T Y o F
NDOVE
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 · (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and Council Members
CC: Jim Dickinson, City Administrator
FROM: Will Neumeister, Director of Community Development~
SUBJECT: Discuss Nonconforming Structures Code Language
DATE: February 24,2009
INTRODUCTION
The City Council reviewed the issue related to a nonconforming triplex at the February 3, 2009 City Council
meeting. As you may recall a property owner is trying to get the unit refinanced and the credit union would not
give a loan unless the City issued a letter indicating it would be allowed to be rebuilt if damaged beyond 50% of
its market value. We could not write such a letter because the unit is considered nonconforming and City Code
doesn't allow reconstruction if it is destroyed beyond 50% of its market value. See attached City Code Section
12-10-4 B.
DISCUSSION
The original report that was presented on February 3rd (attached). The City Attorney has brought it to our
attention that our City Code doesn't read the same as the attached State Statute (SS 462.357, subd.1e.). The
statute was amended in 2003 to add the bolded language. The bolded language is not in the City's code section
and if it were, then the structure would be allowed to be rebuilt.
The City Attorney has focused on the issue and has indicated that the City will have to follow the State Statute
and should revise another section that is in conflict (related to amortization) and should be changed as well
(Section12-l0-1B). The statute changes made in 2003 removed amortization as a tool many cities had used in
the past to remove nonconforming uses and structures from their communities. Please read the summary of
what the City Attorney's recommendations are.
ACTION REQUESTED
The Council is asked to review and discuss the State Statute requirements related to nonconforming uses and
amortization and direct staff to begin making the necessary changes to City Code Sections 12-10-1 Band 12-
10-4B.
Respectfully submitted, ~
Will Neumeister
Attachments
City Attorney's Summary Comments
State Statute 462.357 (subd.1c and Ie.)
City Code Section 12-10
Staff Report from Feb. 3, 2009
Cc: Sylvia Monson, 2705 134th Lane NW, Andover, MN 55304
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From: hawklaw2@aol.com [mailto:hawklaw2@aol.com]
Sent: Thursday, February 19, 2009 11:33 AM
To: Will Neumeister
Subject: Re: Nonconforming Structures' .
Will,
I have reviewed the statutes, caselaw, and City Code regarding this matter and provide the following response
relative to whether our Code language is preempted by the State Statute.
Upon reviewing Minn. Stat. Section 462.357, Subd. Ie, this states that if any nonconforming use is destroyed by
fire or other peril to the extent of greater than 50 percent of its market value, and no building permit has been
appliedfor within 180 days of when the property is damaged, the nonconforming use is extinguished. As you
know, this bolded section contradicts our current Code in that it provides that the City must allow a
nonconforming use to continue, even if destroyed by fire, if a building permit has been timely applied for.
As indicated, I reviewed the State Statutes, City Code and caselaw to determine whether our City Code
language would be preempted by this statutory language. What I have discovered is. that we would have to ~
;;) follow the State Statute language. I am enclosing some caselaw for your review. I have highlited some portions
of the cases that are particularly applicable. I understand that a couple ofthe cases deal with a conflict between
city charter provisions and the State Statutes, but I feel the result would be the same in our situation as well.
q Further, upon reviewing 12-10-1 B of our City Code, I discovered that this language also conflicts with Minn. *="
Stat. 462.357, subd. Ie, which states:
"Except as otherwise provided in this subdivision, a municipality must not enact, amend, or enforce an
ordinance providing for the elimination or termination of a use by amortization which use was lawful at the time
of its inception. This subdivision does not apply to adults-only bookstores, adults-only theaters, or similar
adults-only businesses, as defined by ordinance."
Please let me know if this information is sufficient for your purposes regarding this matter.
Scott
Scott C. Baumgartner
Hawkins & Baumgartner, P.A.
2140 Fourth Avenue North
Anoka, MN 55303
(763) 427-8877
--.Z ~
2008 Minnesota Statutes
462.357 OFFICIAL CONTROLS: ZONING ORDINANCE.
Subd. lc.Amortization prohibited.
Except as otherwise provided in this subdivision, a municipality must not enact,
amend, or enforce an ordinance providing for the elimination or termination of a use by
amortization which use was lawful at the time of its inception. This subdivision does
not apply to adults-only bookstores, adults-only theaters, or similar adults-only
businesses, as defined by ordinance.
Subd. Ie. Nonconformities.
(a) Any nonconformity, including the lawful use or occupation of land or premises
existing at the time of the adoption of an additional control under this chapter, may be
continued, including through repair, replacement, restoration, maintenance, or
improvement, but not including expansion, unless:
(1) the nonconformity or occupancy is discontinued for a period of more than one
year; or
(2) any nonconforming use is destroyed by fire or other peril to the extent of
greater than 50 percent of its market value, and no building permit has been
applied for within 180 days of when the property is damaged. In this case, a
municipality may impose reasonable conditions upon a building permit in order to
mitigate any newly created impact on adjacent property.
(b) Any subsequent use or occupancy of the land or premises shall be a conforming
use or occupancy. A municipality may, by ordinance, permit an expansion or impose
upon nonconformities reasonable regulations to prevent and abate nuisances and to
protect the public health, welfare, or safety. This subdivision does not prohibit a
municipality from enforcing an ordinance that applies to adults-only bookstores, adults-
only theaters, or similar adults-only businesses, as defined by ordinance.
(c) Notwithstanding paragraph (a), a municipality shall regulate the repair,
replacement, maintenance, improvement, or expansion of nonconforming uses and
structures in floodplain areas to the extent necessary to maintain eligibility in the
National Flood Insurance Program and not increase flood damage potential or increase
the degree of obstruction to flood flows in the floodway.
Copyright @ 2008 by the Office of the Revisor of Statutes, State of Minnesota. All rights reserved.
-,3-
CHAPTER 10
NONCONFORMING USES AND STRUCTURES
SECTION:
12-10-1 : Continuance Of Nonconformity
12-10-2: Discontinuance Of Use
12-10-3: Change Of Use
12-10-4: Maintenance And Repairs
12-10-5: Alterations
12-10-6: Non-Conforming Lots of Record
12-10-1 : CONTINUANCE OF NONCONFORMITY:
A. Any structure or use lawfully existing upon the effective date of this title
~~q Ys- may be continued at the size and in the manner of operation existing
upon such date as hereinafter specified.
{!(1T~~ i
~rt'~ Any nonconforming use of land lawfully existing upon the effective date
~ of this title may be continued for a period of three (3) years after the ~
effective date of this title, whereupon such nonconforming use shall
cease. (Amended Ord. 8, 10-21-1970)
12-10-2: DISCONTINUANCE OF USE: Whenever a lawful nonconforming
use of a building or structure or land is discontinued for a period of one year, any
future use of said building or structure or land shall be in conformity with the
provisions of this title. (Amended Ord. 8,10-21-1970)
12-10-3: NONCONFORMING USE:
A. When any lawful nonconforming use of any structure or land in any
district has been changed to a conforming use, it shall not thereafter
be changed to any nonconforming use.
B. The structure or land within which a nonconforming use is contained
may not be enlarged, reconstructed, substituted, moved, or structurally
altered. (Amended Ord. 314 10-4-2005)
C. A nonconforming use shall not be expanded so as to incorporate more
employees, generate increased amounts of product, or otherwise
increase in scale or scope from its inception. (Amended Ord. 314 10-4-
2005)
-:f~
{
12-10-4: MAINTENANCE AND REPAIRS:
A. Nothing in this title shall prevent the placing of a structure in a safe
condition when said structure is declared unsafe by the Building
Official.
Whenever a nonconforming structure shall have been damaged by
fire, flood, explosion, earthquake, war, riot, or act of God, it may be
reconstructed and used as before if it be reconstructed within twelve
~ (12) months after such calamity, unless the damage to the structure is ~--
fifty percent (50%) or more of its market value (as estimated by the
building official), in which case, the reconstruction shall be for a use in
accordance with the provisions of this title. (Amended Ord. 8,10-21-
1970; ali1d-. 2003 Code)
c. Normal maintenance of a building or other structure containing or related
to a nonconforming Use is permitted, including necessary nonstructural
repairs and incidental alterations which do not exceed or intensify the
nonconforming use. (Amended Ord. 8, 10-21-1970)
- :f-
~NDbVE~
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 · (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and Councilmembers ~
CC: Jim Dickinson, City Administrator .
Will Neumeister, COlmnunity Development DirectorttlL.
FROM: Courtney Bednarz, City Plalmer
SUBJECT: Resident Forum - Legal Nonconfonning Use
DATE: February 3,2009
INTRODUCTION
In the process of refinallcing her home, a resident became aware that the three unit dwelling that
she owns is a legal nonconforming use in the R-4 Single Family Residential Zoning District.
This has prevented a financial institution from approving her loan.
DISCUSSION
The existing home was constructed in 1968. The city's first zoning ordinance was adopted in
1970. This ordinance established both the single family zoning district in which the home exists
and provisions for nonconforming uses and structures. As a result, the three unit dwelling is a
legal nonconforming use in the R-4 Zoning District.
The resident has asked the city to provide a letter to certify that the three unit dwelling could be
rebuilt if circumstances caused it td be destroyed. City Code 12-10 prohibits nonconforming
uses and structures from being rebuilt if they are damaged beyond 50% of their value. The
resident has asked the city to explore options that would allow the requested letter to be written.
The following options have been identified:
1. Rezone the property to a district that allows multi-family dwellings. Staff would not
recommend this approach as it could be considered spot zoning and may not be legally
defensible.
r-
2. Amend the nonconforming uses and structures chapter to allow reconstruction of
structures that existed prior to the adoption of the original zoning code. This approach would
satisfy the resident's request, but would create the opportunitY for similar nonconforming
structures to be reconstructed as well.
3. Approve a variance to allow use of the property for a multifamily dwelling. TIns approach is
not recommended because it also could be considered spot zoning by allowing a use on one
property that is not allowed on adjacent propeliies.
4. The city could choose not to write a letter that conflicts with the City Code.
ACTION REQUESTED
The Council is asked to direct staff to take the appropriate action.
Attachment - Resident Letter
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Jj--II\J 2 7 2009
CITY OF ANDOVeR
January 26,2009
I am a resident of Andover. I bought the tri-plex, where I reside, at 2705 134th Lane,
February, 2003. The property was in need of remodeling, which I have been doing. I
have invested a lot of money and hard work to make this property up to date. This has
greatly improved the neighborhood.
I recently applied to do re-fmancing and discovered that this property is listed as legal
non-conforming use, which means I can't rebuild it as a tri-plex if it was destroyed by
rITe, wind or tornado. When I purchased this property no one told me about this. It isn't
listed on any of the paper work. It seems to me that this should be grandfathered in so I
could rebuild it if I had too. This restriction was put on after the house was built.
The loan company said they could refinance if I could get a letter from the City saying I
could rebuild if it was destroyed. I am a widow, 77 years old and the only income I have
is Social Security. I need the rental income to make a living. I currently have a part time
job but I have trouble walking because of a bad back, so I don't know how long I can
keep the job. The reason I am trying to refinance is because the house cost me twice as
much as I thought it would to r~model and the lower interest rates.
Thank you for considering my request.
Sincerely,
:1~~'?/~-Yl-._-
v
Sylvia Monson
2705 134th Lane N.W..
Andover, Mn 55304
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C I T Y o F
NDOVE
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
CC: Mayor and Council Members ~
CC: Jim Dickinson, City Administrator .~
FROM: David D. Berkowitz, Director of Public Works/City Engineer
SUBJECT: Discuss Status of Crosstown Boulevard/Crosstown Drive Intersection
DATE: February 24, 2009
INTRODUCTION
Staff continues to pursue a City Council initiative to improve the intersection of Crosstown
Boulevard and Crosstown Drive.
DISCUSSION
Attached is a concept drawing for discussion. Staff has met with the Anoka County Highway
Department (ACHD) to discuss the minimum improvements they would require based on the
concept. The plan in concept has been approved by the Highway Department. At this time
Anoka County does not have funding available to contribute to this project.
Staff discussed this with the Public Works Committee at a meeting in early February. The
committee directed staff to prepare a preliminary cost estimate based on the concept plan, review
with the Fire Chief and the resident along Crosstown in which their driveway will be impacted.
Attached is the preliminary cost estimate. City funding for this project is not available at this
time. Staff recommends preparing a final plan to have ready for when funding becomes
available.
ACTION REQUIRED
Staff is requesting direction on how to proceed with this project.
Respectfully submitted,
CJ~0
David D. Berkowitz
Attach: Concept Plan & Preliminary Cost Estimate
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06-48 Crosstown Boulevard and Crosstown Drive Improvements 2/19/09
Preliminary Cost Estimate
Street and Restoration Improvements ENGINEER'S ESTIMATE
ITEM EST. UNIT
No. ITEM UNITS QUAN. PRICE TOTAL
1 MOBILIZATION LS 1 $6,000.00 $6,000.00
2 REMOVE PAVEMENT MARKINGS LF 1 ,400 $0.75 $1,050.00
3 REMOVE BITUMINOUS PAVEMENT SY 650 $5.50 $3,575.00
4 REMOVE CONCRETE CURB AND GUTTER LF 400 $2.75 $1,100.00
5 REMOVE CONCRETE PAVEMENT SF 90 $2.50 $225.00
6 ADJUST SANITARY SEWER MANHOLE CASTING EA 1 $275.00 $275.00
7 SAWING BIT PAVEMENT (FULL DEPTH) LF 600 $2.75 $1,650.00
8 COMMON EXCAVATION (EV) CY 450 $12.00 $5,400.00
9 TOPSOIL BORROW (LV) CY 75 $18.00 $1,350.00
10 SUBGRADE PREPARATION SY 975 $2.50 $2,437.50
11 AGGREGATE BASE CLASS 5 TON 205 $22.00 $4,510.00
12 AGGREGATE SHOULDERING CLASS 5 TON 25 $30.00 $750.00
13 TYPE MV 3 WEARING COURSE ( C) TON 90 $82.00 $7,380.00
14 TYPE MV 3 NON-WEARING COURSE ( C) TON 90 $82.00 $7,380.00
15 TYPE LV 3 NON-WEARING COURSE (B) TON 115 $80.00 $9,200.00
16 BITUMINOUS MATERIAL FOR TACK COAT GAL 41 $4.75 $194.75
17 4" CONCRETE WALK (MEDIAN) SF 360 $5.25 $1,890.00
18 CONCRETE CURB & GUTTER DESIGN B618 LF 560 $16.00 $8,960.00
19 CONCRETE CURB & GUTTER DESIGN B412 LF 115 $12.00 $1,380.00
20 CONCRETE PLOW NOSE SF 135 $8.50 $1,147.50
21 TRAFFIC CONTROL LS 1 $5,000.00 $5,000.00
22 EROSION CONTROL BLANKETS W/SEED CATEGORY 1 SY 1 ,400 $3.00 $4,200.00
23 SIGN PANELS SF 30 $35.00 $1,050.00
24 PAVEMENT MESSAGE ARROWS EA 8 $150.00 $1,200.00
25 4" SOLID LINE YELLOW - PAINT LF 130 $0.75 $97.50
26 4" SOLID LINE WHITE - PAINT LF 2,646 $0.75 $1,984.50
27 4" DOUBLE SOLID LINE YELLOW - PAINT LF 1,183 $1.20 $1,419.60
28 24" SOLID LINE WHITE - PAINT LF 30 $2.50 $75.00
29 24" SOLID LINE YELLOW - PAINT LF 405 $2.50 $1,012.50
Subtotal Street & Restoration Improvements $81,893.85
Contingency (20%) $16,378.77
Enaineerina, Insoection, Administration (20%) $19,654.52
Total Street & Restoration Improvements $117,927.14
W
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 · (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and City Council Members ./
CC: Jim Dickinson, City Administrator
FROM: Will Neumeister, Community Development Director ulJ.-
SUBJECT: Comprehensive Plan Update Discussion
DATE: February 24, 2009
INTRODUCTION
The City received a response from the Metropolitan Council (dated January 2, 2009) related to
their review comments on the City's Comprehensive Plan update. Staff met with the
Metropolitan Council on February 4,2009 and reviewed with them the additional details that
they had requested (see attachments). The consensus of the Metropolitan Council staff was
that with some slight adjustments the plan is looking good and should be able to move
forward to the C<~mmunity Development Committee for a public hearing in March.
DISCUSSION
Due to the time it took to provide the requested information and their need to review the
information and adjustments, Jim Dickinson authorized a 60 day time extension for them to
complete their review. It appears that no major issues remain, therefore we anticipate a
satisfactory plan approval on or before May 28,2009.
ACTION REQUESTED
Council is asked to review and confirm their acceptance of the minor plan adjustments that
were provided to the Metropolitan Council and be apprised of the pending Comprehensive
Plan approval.
Respectfully Submitted~
Will Neumeister
Attachments:
. Letter from Metropolitan Council (dated January 2, 2009)
. Additional Compo Plan data provided to Metropolitan Council on Feb. 4, 2009
. Time Extension Letter to Metropolitan Council (dated February 4,2009)
1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
February 4, 2009
Guy Peterson
C/o Metropolitan Council
390 Robert Street North
St. Paul, MN 55101-1805
Re: Time Extension for Review of Comp Plan
Dear Mr. Peterson:
This letter is to confirm that we will grant a time extension to the Metropolitan Council's review period
until May 28,2009 to complete the review of the Andover Comprehensive Plan.
If you should have any questions related to this matter, please feel free to contact me.
\.--
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02/12/2009 13:00 FAX 6516021442 MET. COUNCIL I4J 001
~ Metropolitan C unci!
February 12,2009
Jim Dickinson, City Ac1m.inistrator
Andover City Hall
1685 Crossover Blvd NW
Andover, MN 55304
Dear Mr. Dickinson,
This letter confirms the receipt of your written request to extend the timeline for completion of
the review ofthe Andover Comprehensive Plan Update to May 28,2009. The Metropolitan
Council at its meeting on January 20,2009, adopted the guideline that authorizes the Director of
Community Development to agree on its behalf to extensions with any reasonably necessary
conditions that are submitted in writing by a local governments' chief appointed official or
designee. As such, I accept and agree to your e~tension request in light of the additional
information_and revisions your city staffhave provided to us regarding the Plan Update, and
other changes indicated made in reference to the Bunker Hills Regional Park boundaries.
I will also recommend that the Community Development Committee cancel the public hearing
on the Plan Update scheduled for 4:30 p.m. on February 17th, 2009.
1 ~602~ 1418 if you have questions.
Cc: Natalie Steffen, Metropolitan Council District 9
Phyllis Hanson, Manager, Local Planning Assistance
www.metrocouncilorg
390 Robert Street North. St. Paul, MN 55101-1805 . (651) 602-1000 · Fax (651) 602-1550 · TIY (651) 291-0904
AnEqua! ~o::::njty Employer
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~j~ Metropolitan Council
...dIII.A January 2, 2009 . n L_ t.J~v'-L~
Courtney Bednarz 5
City of Andover JJ\N 2009
r.
1685 Crosstown Blvd NW
Andover, MN 55304 CITY OF ANDOVER
RE: City of Andover Comprehensive Plan Update - System Departure & Complete tor Review
Metropolitan Council Review File No. 20326-1
Metropolitan Council District 9, Natalie Steffen
Dear Mr. Bednarz:
The Metropolitan Council received the City's Comprehensive Plan Update (Plan) on September 11,
2008 and found the Update incomplete for review for aviation, forecasts, housing, land use,
implementation, transportation, surface water management, and identified the potential for a system
depm:ture for wastewater services. The City submitted additional information on November 6t\
which the Council staffthen detennined aviation, forecasts, land use, implementation, and surface
water management complete forreview. In response to the a4ditional information, the Council's
December 1, 2008 letter to the City continued to identify housing as incomplete, transportation
inconsistencies, and the system dCJ?arture for wastewater services. On December 10,2008 the City
submitt~d additional intormatiorj,th~t addressedt~e inCOII.1ple~e housing units'infcuu1ation: Council
staff now finds the Update~0p.1pleteforreview. However,the City should be aware Qftli~ - . ,
following:- i . ..' '"', ..- - -- -' - .' . -.., - .' _' .,,::,.:.,
w astewatel'~
The City of Andover has proposed sewered growth projections that are less than shown in the
System Statement for Andover. Staff analysis of the City's plat monitoring data and the 2020-
2030 Update guiding using the Council's Revised MUSA Implementation Guidelines together
yield residential land use densities lower than the minimum of 3 units per net developable acre.
The Council reports, guidelines, and System Policy applied in this analysis were the Plat
Monitoring Program; Revised MUS A Implementation Guidelines (approved September 12,
2007); and, Substantial Impacts and Substantial Departures from the Metropolitan Wastewater
System Plan (pp. 65-66 of 2030 Water Resources Managemen.t Policv Plan ). The
determination is an under-utilizaBon of regional infrastructure, and represents a wastewater
resources system departure.
The City of Andover's 2030 Comprehensive Plan Update substantially departs from the
Council's adopted metl'Opolitan system plans and, if implemented, will have a substantial
impact on the regional wastewater system. Council staff therefore will recommend that the
Metropol itan Council: (1) fi nd that the City's 2030 Comprehensive Plan Update is more likely
than not to have a substantial impact on or contain a substantial departure from the 2030 Water
Resources Management Policy Plan; and (2) require the City to modify its 2030
Comprehensive Plan Update.
.As permitted by Minnesota Statutes section 473.175, subdivision I, the COLmcil may require a
local governmet;ltal unit to moqify any compreh~nsive pIan or part thereof that is inconsistent
. . with the metropolitan system plan if the Council concludes that the local plan is more likely
than not to have either a substantial impact on, or to contain a substantial departure froIn, t116 .-
Council's adopted policy plans and capital budgets for metropolitan wastewater service.
www.metrocouncil.org
390 Robert Street North. St. Paul, MN 55101-1805 . (651) 602-1000 · Fax (651) 602-1550 · TrY (65!) 291-0904
An Equa! Opportunity Employer
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Additional Advisory:
The Council adopted the 2030 Water Resources Management Policy Plan on May 25, 2005.
The Policy Plan includes the Regional Wastewater System Long-Term Service Area (L TSA)
which identifies potential long-term wastewater service area in the northeast portion of
Andover. The City's Update does not identify this long-term service area nor protect this area
of the City for potential future sewered development through appropriate guiding. The Council
and the City have had discussions about this long-term service area in the past and the Council
will continue to work with the City to ensure the City plans for this long-teml service area.
Agricultural Preserves
The City of Andover has parcels enrolled in the Agricull:ural Preserves Program under the
Metropolitan Agricultural Preserves Act, but the Update does not show those parcels as
agricultural land or protect the land through guiding to 1 residential unit per 40 acres. Section
4: 73H.02 subdivision 7 of the Act defines "long-term agricultural land" as:
"land in the metropolitan area designated for agricultural use in local or county
comprehensive plans adopted and reviewed pursuant to sections 473.175 and 473.851 to
473.87, and 'which has been zoned specifically for agricultural use permitting a maximum
residential density of not more than one 'unit per quarter/quarter. "
Cities that exercise planning and zoning authority over lands em-oUed in the Agricultural
Preserves Program must certify lands that are eligible for designation as agricultural preserves.
Section 473H.04, subdivision 2 of the Act states:
"Land shall cease to be eligible for designation as an agricultural preserve when the.
comprehensive plan and zoningjor the land have been amended so that the land is no
longer planned for long term agricultural use and is no longer zoned for long term
agricultural use, evidenced by a max:imum residential density permitting more than one
unit per 40 acres. "
Until lands are removed from the Agricultural Preserves Program pursuant to the statutory
processes in the Agricultural Preserves Act, the City's Update should identify the parcels
enrolled in the Agricultul'a1 Preserves Program as agricultural and protect those parcels through
guiding of 1 residential unit per 40 acres.
In accordance with state law, the Council has 120 days to complete its formal review of the City's
Update. Comprehensive plan reviews go to the Council's Community Development Committee
(CDC) and then to the Council for action. This 120-dayperiod will end on Apri16, 2008. Council
staff will communicate with the City actions that are being recommended.
If you have any questions about this review, please contact Patrick Boylan, Principal Reviewer, at
651-602-1438.
.A
cc: Natalie Steffen, Metropolitan Council District 9
Patrick Boylan, Principal Reviewer
Judy Sventek, Environmental Planning Analyst
Cheryl Olsen, Reviews Coordinator
-.>-
C I T Y o F
NDOVE
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923. WWW.CI.ANDOVER.MN.US
February 3, 2009
Phyllis Hanson, Manager
Local Planning Assistance
Metropolitan Council
390 N. Robert Street
St. Paul, MN 55101
RE: Response to January 2nd Letter From Metropolitan Council
Dear Phyllis:
The City of Andover was pleased to receive the above referenced letter indicating that the
comprehensive plan update has been declared complete for review. However, the content ofthe
letter was disappointing and contradictory to the meeting between Metropolitan Council and city
staff on December 5, 2008.
The first sentence under the heading 'Watewater' states "The City of Andover has proposed
sewered growth projections that are less than shown in the system statement for Andover." This
statement is false. The Metropolitan Council System Statement shows 3,700 sewered
households projected between 2010 and 2030 (Table 1 on page W-2). Figure 2.8 ofthe city's
plan forecasts 4,281 sewered households during this period which is 581 homes greater than
forecasted in the system statement.
The second sentence under the heading 'Wastewater' states "Staff analysis of the City's plat
monitoring data and the 2020-2030 Update guiding using the Council's Revised MUSA
Implementation Guidelines together yield residential land use densities lower than the minimum
of 3 units per net developable acre." Met Council staff uses the lowest allowable density for
MUSA areas staged for growth between 2020 and 2030 to artificially reduce the density below
what will actually occur when these areas develop. This stands in contrast to the plat monitoring
program established by the Metropolitan Council that the city has participated in since 2003 as a
condition of a previous comprehensive plan amendment approval. The data provided by the city
shows that sewered residential development in Andover has developed at a density of 3.22 units
per acre since 2000.
To accommodate the Metropolitan Council's density calculation the city has added Figure 4.7 A
to the comprehensive plan update. Please note that the minimum allowable density in the Low
Density Residential and High Density Residential land use districts has increased. The city's
plan also retains figure 4.7 to provide a realistic summary of future development based on sound
land use planning.
The first paragraph under the heading 'Wastewater' references pages 65-66 of the 2030 Water
Resources Management Policy Plan adopted by the Met Council in 2005 as a determining factor
in declaring the city's plan may result in a system departure. These pages contain an extensive
list of circumstances that may result in a a system departure. From this list the city assumes the
following statements were. applied in the analysis of Andover's plan: .
-;(--
"A system departure occurs when i) a local governmental unit proposes forecasts for sewered
development densities that are lower than Council forecasts or lower than density standards that
are the basis for regional infrastructure planning purposes; or 2) when a local governmental
unit proposes densities in rural areas that exceed Council policy (i. e., one unit per i 0 acres in
diversified rural areas and one unit per 40 acres in agricultural areas). This may result in an
under-utilization of the available or planned regional wastewater system capacity.
A substantial departure also may occur under different circumstances including when:
. A local governmental unit's sewered household and employment forecasts, within the existing
or planned service area of a metropolitanfacility, are at least 20 percent lower than the
Council's forecasts of growth for the community; or
. A local governmental unit is not achieving the Council's density standards for sewered
development; or
. A local governmental unit is planning to allow development that proposes densities in rural
areas (i. e., areas not currently served by public sewers) that exceed Council policy, such as
development on 2 il2-acre lots that would preclude future economical sewered development. "
The city's sewered household forecasts are greater than the forecasts of the Metropolitan
Council as referenced earlier in this letter. Additionally, the city's proposed changes to the
minimum allowable density described above will satisfy the Metropolitan Council's calculation
of three units per acre.
The final bullet point in the excerpt above is in direct conflict with the planning area designations
established by the Metropolitan Council. The Planning Areas Map created by the Metropolitan
.Council as a part of the 2030 Regional Development Framework designates the northern portion
of Andover as a Rural Residential Planning Area. The framework defines this planning area as
follows:
"Rural Residential Areas are immediately adjacent to Developing Areas and have large
numbers of individual sewage treatment systems at densities of2.5 acres or less. Rural
Residential Areas face challenges in making the transition from rural unsewered
development to sewered development. As the Council updates its system plans, the
feasibility of providing regional wastewater services, in conjunction with local water
supply and transportation system improvements, will be examined. The Council will
partner with each community to explore strategies that would allow some or all existing
Rural Residential Areas to make the transition to densities that can be served efficiently with
public services. "
Establishing a criterion in the 2030 Water Resources Management Policy Plan to declare that
plans containing an established planning area substantially depart from the plans of the
Metropolitan Council is contradictory to the collaborative approach described above. The Rural
Residential designation, by definition, identifies that there are constraints that complicate the
extension of municipal sewer service into these areas. Review of the analysis done during the
rural reserve study would remind Metropolitan Council staff, as city staff did on December 5,
2008, that large areas of wetland and floodplain exist in the Andover's Rural Residential
Planning Area, further complicating the extension of municipal sewer service.
-7-
The January 2,2009 Metropolitan Council letter goes on to provide an advisory concerning the
northeastern portion of Andover. The confusion on this issue began with the Metropolitan
Council System Statement. A map within the Wastewater System Statement (page W -7) showed
a "potential service area" in the northeastern part of Andover. Part ofthis area was already
within the MUSA and developing at that time. Additionally, the review record will show that
this area was one of the two areas studied by the city in the process of establishing the Rural
Reserve. It was determined that this area was not conducive to municipal sewer service due to
the amount of wetland and floodplain in this part of the city. As a result, the Rural Reserve was
established as currently shown on the city's official maps. The map within the Wastewater
System Statement incorrectly reflected both the city's current and future MUSA areas by
carrying forward the secondary study area. The city responded to the system statement on
November 3, 2005 to correct this error.
The advisory in the January 2, 2009 Metropolitan Council letter references a "Regional
Wastewater System Long Term Service Area (LTSA). It should be noted that the Wastewater
System Statement provided to the city does not contain any language regarding an additional
sewer service area even though the statement exhaustively details "Specific Requirements for the
Sewer Element of the City's Comprehensive Plan". The only place any reference to an
additional sewer service area exists in the system statement is on a map with no title, source, or
point of reference that shows a crosshatched area labeled "potential service area" which, again,
the city identified as a map error at the time.
For the January 2,2009 Met Council letter to state that the city and Met Council have had
discussions about this long-term service area is, at best, obfuscation. The city made it very clear
through the rural reserve planning process that by establishing the rural reserve it had completed
review of the study areas and designated the area for future municipal sewer service.
Metropolitan Council staff inquired if the city would be interested in an additional urban service
area in a meeting with city staff on March 6, 2008. Staff reiterated that the city had completed
its obligation to designate a future urban service area by establishing the rural reserve and was
not interested in an additional urban service area.
This item appeared again in a review letter from the Metropolitan Council dated October 1,2008
and was subsequently discussed by Met Council and city staff at a meeting on December 5,
2008. City staff reiterated that the city had established a future urban service area by designating
the rural reserve and was not interested in an additional urban service area. City staff also
reminded Met Council staff that the amount of floodplain and wetland in the northeastern part of
the city would be a significant impediment to providing sewer service to this area.
Finally, the January 2, 2009 Met Council letter contains a section on agricultural preserves. The
section requests that the city provide an agricultural land use designation on land enrolled in the
program. The city will provide this designation to comply with state statute.
In summary, the City of Andover disputes the January 2, 2009 letter prepared by Metropolitan
Council staff as it contains errors of fact, is contrary to the policies established by the
Metropolitan Council and contrary to the review record established between that agency and the
City of Andover. This is the third attempt by the city to address issues raised by Metropolitan
Council staff since the comprehensive plan update was submitted on September 6, 2008.
After each previous attempt Metropolitan Council staff has provided new and different review
comments to obstruct the city from putting the plan into effect. The City has revised its
-y~
comprehensive plan update to address all of these review comments and requests approval of the
plan.
Encl. Responses to previous review comments
Revised comprehensive plan update (cd)
/
-1-
Sl\NDbVE~ 2008 Comprehensive Plan Update January 2009 DRAFT
City of Andover Land Use Districts
Land use districts are established to ensure compatible development and to protect
natural resources and amenities. The district definitions provided below are intended to
state their purpose, provide location criteria and describe the relationship of each district
with other land uses.
RESIDENTIAL LAND USE DISTRICTS
Rural Residential (RR) district provides an area for low intensity residential
development in areas outside of the Municipal Urban Service Area (MUSA) that will not
be served by municipal sewer and water. The minimum lot size is 2.5 acres to provide
sufficient space for on site sewer and water facilities and to prevent dense development
that would create an adverse impact on municipal and regional infrastructure. However,
smaller acreage lots exist in areas subdivided prior to 1978 and in the two previously
approved rural planned unit developments: Nightingale Preserve and Timber River
Estates. This district must be protected from higher intensity land uses, including the
Urban Residential Low Density Land Use District, with appropriate transitions. This
district also accommodates agricultural land uses.
Minimum Lot Size 2.50 acres
Densit 0.4 units per acre
Cit Utilities None
Corresponding Zoning Districts R-1 - Single Family Rural Residential
R-2 - Single Family Estate
R-3 - Single Family Suburban
AP - A ricultural Preserve
T pe of Development Sin Ie Famil Detached Housin , A riculture
Urban Residential Low Density (URL) district is established to create cohesive
neighborhoods of single-family detached housing within the MUSA and with access to
municipal sewer and water. Residential lots within this district are sized to allow
efficient utilization of municipal infrastructure as well as to provide an area large enough
to accommodate housing market demands. These neighborhoods must be protected
from higher intensity uses with appropriate transitions. These transitions include natural
features such as trees, wetlands, streams or major changes in topography. Man-made
elements such as streets, parks or earth berms in combination with landscaping are
also appropriate. When adjacent to arterial roadways, additional setback distance,
landscaping and berming are required. Facilities that generate noise, traffic, and/or
glare also require major separation from these neighborhoods.
Minimum Lot Size
Densit - ~
Maximum PUD Densit
City Utilities
Correspond in Zonin Districts
T pe of Development
-' ) b',-
S'\NDbVE~ 2008 Comprehensive Plan Update January 2009 DRAFT
Urban Residential-Medium Density (URM) district provides areas suitable for a variety
of attached and detached dwelling units. The URM district helps to address the need
for life cycle housing with increased density and smaller lot sizes. This district, with
appropriate transitions, can serve as a buffer between lower density residential and
commercial districts and may also be appropriate along higher volume transportation
corridors, such as collector and arterial streets. These neighborhoods are created as
part of a planned unit development that ensures efficient distribution of density and to
achieve appropriate transitions between uses of different intensity and transportation
corridors. These transitions are achieved with a combination of landscaping, berming,
physical separation and preservation of natural features.
Minimum Lot Size
Densit - <==
Maximum PUD Densit
Ci Utilities
Corresponding Zoning R-4 Single Family Urban Residential
Districts M-1 Multi Ie Dwellin Medium Densit
Type of Development Single Family Detached, Two Family Residences
Town homes and Condominiums with private
entrances
Urban Residential - High Density (URH) district provides additional affordable housing
choices for all stages of the life cycle. Owner occupied as well as rental housing is
permitted. Planned unit development review is used to establish standards that are
specifically designed for each development. Potential sites for this district must be
evaluated to ensure sufficient capacity of municipal infrastructure can be provided.
Location near higher volume transportation corridors, such as collector and arterial
streets is necessary to accommodate the increased level of traffic generated by this
land use. Location near shopping, service, transit and park facilities is also desirable.
Appropriate transitions between this district and other districts or transportation corridors
are necessary. These transitions are achieved with a combination of landscaping,
berming, physical separation and preservation of natural features.
Minimum Lot Size
Densit -
Maximum PUD Densit ~
Ci Utilities
Correspondin Zonin Districts
Type of Development
Location Criteria
-/ /--
<t\NDbVE~ 2008 Comprehensive Plan Update 03.05.08 DRAFT
COMMERCIAL LAND USE DISTRICTS
Limited Commercial (LC) land use district is designated for locations in the
community that should be limited to primarily office uses due to their location in
proximity to residential neighborhoods. This district can be used to transition
from residential neighborhoods to more intense commercial uses or
transportation corridors. Site design and building architecture are required to
complement adjacent residential neighborhoods when so located. A
combination of landscaping, berming, physical separation and preservation of
natural features is necessary to provide an appropriate transition to residential
neighborhoods.
Area Requirements 1-5 acres
City Utilities Required within MUSA
Corresponding Zoning Districts LB - Limited Business
Type of Development Professional office and similar uses; not including
retail sales
Location Criteria Adjacent to collector or arterial street or within a
larger commercial development
Design to complement surrounding land uses.
Development Criteria Special care for transitions to residential.
Neighborhood Commercial (NC) land use district is designated for businesses that
provide services and retail goods to meet local neighborhood needs. The trade area
and size of these businesses are smaller than those found in General Commercial
areas. Site design and architecture is carefully reviewed to create a cohesive center
that complements adjacent land uses. Linear design with storefronts and blank walls is
prohibited. Special care is taken to provide appropriate transitions to residential
neighborhoods with landscaping, berming, physical separation and preservation of
natural features. This district requires location along a collector or arterial street and
convenient pedestrian access. Neighborhood commercial locations are separated from
more intense commercial land uses to avoid pressure to expand intensity beyond a
neighborhood scale.
1-5 acres
Required within MUSA
Districts NB Nei hborhood Business
Retail trade and services servin immediate area
Must abut intersection of collector or arterial streets
Design to complement surrounding land uses.
Development Criteria Limit to development nodes. Strip development
prohibited. Special care for transitions to
residential. Convenient edestrian access.
-l~--
S'\ND6VE~ 2008 Comprehensive Plan Update 2.02.09 Draft
Figure 2.7 Net Residential Density Worksheet
0 0 0 0 0 0
0 0 0
2309 980 120 30 0.5 6
769.5 3.0006498
2592 220 1222.9 231.84 30
0.5 60 900.56 3.1225016
Figure 2.7A Net Residential Worksheet using Metropolitan Council calculation (lowest end of density range)
Urban Residential Low Densit 1
Urban Residential Medium Densi
Urban Residential Hi h Densit
Limited CommerciallMedium
Densi 0 0 0 0 0 0
0 0 0
Rural Reserve3 2309 980 120 30
0.5 60 769.5 3.0006498
Subtotal 2482 94 1222.9 231.84 30
0.5 60 900.56 2.8604424
2000-2008 Plat Monitorin Data 1342 519 851.46 242.73 8.42 16.07
6.92 577.32 3.2235156
Totals 3824 613 2074.4 474.57 38.42
16.57 66.92 1477.88 3.0022735
12020-2030 Sewer Stages
2NE Corner of CSAH 7 and CSAH 116
360 acres of Rural Reserve to be designated as commercial and public
--}/---
RESPONSE TO METROPOLITAN COUNCIL COMMENTS
Transportation
The City has evaluated your comments from Metro Council letter dated October 1,
2008. The City of Andover's responses to each of your comments are listed below.
1. Language has been added to Page 51 in Transit Services Improvements Section
in the last paragraph.
2. Language has been added to Page 4 in the Transit Service Section Part E.
3. Language has been changed on Page 4 to indicate that Route 851 touches the
southwestern co(ner of the City.
4. The list of regional parks and trails on Page 10 in Section III (Existing Conditions)
Part E (Transit Services) has been revised to exclude the lots at Oak Park Plaza,
Park of Four Seasons, Blainebrook Bowl in Blaine, St. Philips Lutheran Church
and Walgreens in Fridley.
5. The MnDOT Commuter Rail System Map has been removed in' Section V
(Regional Transportation Initiative) as requested.
6. We have removed reference to the Bethel corridor as a commuter rail in Section
V on Pages 70 & 71. Note: In discussing this corridor with the Andover City
Planner, Courtney Bednarz, this section is now identified as the North Star
Cambridge Extension by a Task Force group consisting of Anoka County
representatives and representatives from Cities and Townships that have an
interest along the corridor.
7. The Transit Market Standards have been updated in Table 4 on Pages 49 & 50.
8. The potential park and ride lots that are identified on Page 52 are existing
parking lots that have already been built. Now it is just a matter of identifying
them as Park and Ride lots if Metropolitan Council is acceptable to their
locations.
9. Paragraph was removed in regard to the Northstar Corridor schedule and
legislative funding changes on Page 71.
10. The proposed Roadway Functional Classification System is included in Figure 9
on Page 21.
11. The Land Use Scenarios Section IV Part C on Pages 22 & 23 has been revised
to incorporate new language relating to projected 2030 projects. Note: City staff
is not sure what you are talking about in regard to Figure 1.1.
12. Language has been added on Page 73 that indicates the 2030 Transportation
Policy Plan does not include plans to expand Highways US 10 and US 169
before the year 2030.
Surface Water Management Plan
Staff met with Judy Sventek to discuss the City's Surface Water Management Plan.
The following response covered Ms. Sventek's comments regarding the Surface Water
Management Plan.
A meeting was held on October 24,2008 with Judy Sventek (Met Council), Tim Kelly
(Coon Creek Watershed District) and I to discuss comments received from the Met
Council regarding the Water Resource Management Plan as part of the City of
Andover's Comprehensive Plan submittal. It was agreed that a one page response to
-/t/---
the Water Resource Management Plan comments would be acceptable and meet the
Met Council's requirements.
The Anoka Conservation District along with the Coon Creek Watershed District
(CCWD) monitors Bunker Lake and Crooked Lake for water quality. The CCWD is
currently preparing a plan to improve water quality for Crooked Lake. The Anoka
Conservation District monitors water quality for Round Lake and Ward Lake. The
City of Andover supports their effort with in-kind staff time.
The City of Andover acknowledges that Coon Creek is an impaired water. The City
will include this in the next WRMP update, which is scheduled to be completed in
\
2011. The City currently has a draft Non-Degradation plan that addresses volume,
TMDL's, TSS and phosphorus reduction methods. The City will also continue to
support the CCWD in their efforts to improve the water quality of Coon Creek.
The City has a process on dealing with wetlands when development is proposed and
will continue to follow the Water Conservation Act rules and regulations. A Wetland
functions and values assessment will be completed on a case by case basis as
developments are proposed throughout the City.
A Construction Site and Erosion Control Ordinance was approved by the City
Council in June of 2007. This will be added into the City's WRMP when the next
update is completed (2011). Attached is a copy of the ordinance.
Infiltration requirements for new developments are identified in the City's WRMP
Section IV (A.20) and Appendix 0, Section 1 (A7). As rules and regulations change
regarding infiltration the City will follow the rules set by the General Construction
Permit or watershed requirements whichever is more stringent.
The City has a complete storm water systems map. This will be incorporated in the
City's WRMP when the next update is completed (2011). Because of the size of this
map, the City will make it available on an as needed basis.
The City has an extensive review process for new development. The process
begins through the Planning Department (Preliminary Plat) that identifies in detail
what is required for water resource management. Also, the City works very closely
with each watershed (CCWD & LRRWMO) on approvals. The City does not send
the preliminary plat to the Planning & Zoning Commission until the developer has
received watershed approval. City Code 11-4-9 also addresses the requirements.
The City's current SWPPP is included in the WRMP. The City's follows the MPCA
General Construction Permit, CCWD and Lower Rum River Watershed Management
Organization requirements. The City will include the most current General
Construction Permit in the next update scheduled for 2011.
Wastewater (Sewers)
The City has evaluated the comments from the Metropolitan Council letter dated
October 1, 2008. The City of Andover's response to each of the comments is below.
1 a. The first comment is in regard to wastewater flow projections. The City used
flow rates of 225 gallons/unit/day for residential and 50 gallons/person/day for
Commercial/Industrial/Institutional. The basis behind the 225 gpd is explained
in detail under Section C of the Wastewater portion of the Comprehensive Plan.
After discussions with Met Council staff, Andover revised the estimated flow rate
for Commercial/Industrial/Institutional from 50 to 35 gallons/person/day. For
our flow projections, the 225 gpd and 35 gpd were assumed to remain constant
from now through 2030. We understand that Met Council anticipates both a
lower sewer flow rate per person, as well as a decrease in persons per
-/!5' .-'
household for Andover in 2030. City staff is concerned that using a lower flow
rate per household (or unit) for future projections could result in surcharging of
our trunk system or result in showing areas that could be served that ultimately
may not be able to be served due to existing infrastructure capacity if the
assumed flow rate/unit is lower than the actual flow rate/unit.
With the revised 35 gpd flow rate, the 2030 projected flow for Andover is 2.94
MGD (versus 3.01 MGD in the original submittal). These flow projections will
differ from the Met Councils regional approach flow projections, which assume
decreasing flow rates per unit.
1 b. A second point in the first response comment relates to the higher ultimate flow
of 3.33 MGD compared to the 2030 projected flow of 3.01 MGD calculated by the
City of Andover (the comment from Met Council we believe incorrectly compares
the 3.33 MGD calculated by Andover to 2.21 MGD calculated by the Met Council.
We believe the intent was to inquire about the difference between Andover's
2030 projection of 3.01 MGD versus the ultimate projection of 3.33 MGD).
As stated in Section C of the Wastewater portion of the Comp Plan, part of the
increase in the ultimate flow versus the 2030 projection (now revised to 2.94
MGD) is attributed to the assumption that there will be areas in 2030 within the
2030 MUSA boundary that are not developed, there are homes on septic.
systems within the 2030 MUSA that will not be served by public sanitary sewer
by 2030, there will be redevelopment of areas within the 2030 MUSA boundary,
and there are fringe areas adjacent to the 2030 MUSA boundary that could be
added to the MUSA at a future date. The City is NOT requesting that any fringe
areas be added to the MUSA at this time, these were just included in our model
as a "worst case" or "ultimate" scenario.
The ultimate flow for Andover has been revised to 3.12 MGD (from 3.33 MGD in
the original report) due to further refining of our sewer model. This model will be
updated and revised as development continues, trunk sewer iinprovements are
completed, or as additional information in regard to sewer flow and sewer flow
rates in the City is gathered.
2. A response in regards to the Met Councils identified "Potential Service Area" in
the northeast corner of the City is being addressed in a separate memorandum
from Courtney Bednarz, Andover City Planner.
3. Refer to the memo referred to in item 2. We acknowledge that there is capacity
in the Met. Council's interceptor to accommodate densities of 3-5 units per acre,
however, there are potential bottleneck's within Andover's trunk sewer system
that may limit the potential densities in certain areas of the City.
-Jt-
Revised 2/2/09
****NOT ALL ATTACHMENTS ARE INCLUDED*****
W ASTEW A TER AND COMPREHENSIVE SEWER PLAN
The Metropolitan Urban Service Area (MUSA) boundary in general bisects Andover into
a nOlihern and southern portion. The southern portion of the City is served by municipal
sewer. The northern portion of the City has individual sewage treatment systems (ISTS).
Sewer flow from the City of Andover is treated by the Metropolitan Council through the
Metropolitan Disposal System (MDS), specifically by the Metropolitan Waste Water
Treatment Plant (WWTP) in St. Paul.
A. CURRENT AND PROJECTED POPULATION I SEWERED RESIDENCES
The City data as of May 1, 2007 shows that the current population of Andover is 32,597.
Approximately 21,576 persons (66.2%) are currently served by municipal sewer. The
remaining 11,021 persons (33.8%) reside in the rural areas ofthe City or reside within the
MUSA and are still served by septic systems. It is anticipated that residences within the
MUSA served by private systems will connect to the municipal sewer system as utilities
are extended.
The projected population of Andover in 2030 is 44,578. It is expected that 34,442
persons (77.3%) will be served by municipal sewer at that time. The remaining 10,136
persons (22.7%) will reside outside of the MUSA boundary, or may still be living within
the MUSA and will not yet be coimected to municipal sewer.
Figure 4.1 below presents the population, household, and employment forecasts for the
City for 2007 (current), 2010, 2020, and 2030.
Figure 4.1
Population, Household and Employment Forecasts
2007 2010 2020 2030
Total Population 32,597 37,392 42,024 44,578
Sewered 21,576 26,306 31,524 34,442
Unsewered . 11,021 11,086 10,500 10,136
Total Households 9,938 11,400 14,008 15,921
Sewered 6,578 8,020 10,508 12,301
Unsewered 3,360 3,380 3,500 3,620
Total Employment 4,040 4,494 5,039 5,530
Sewered 3,574 3,989 4,471 4,910
Unsewered 466 505 568 620
~1"'/"
Revised 2/2/09
B. CAPACITY AND DESIGN OF THE EXISTING SYSTEM
All properties serviced by municipal sewer in Andover flow into the Council Interceptor
MSB 7035 (Coon Rapids Interceptor), a 36" trunk line that is part ofthe regional system
maintained by the Metropolitan Council. All served properties in Andover except for
approximately 110 connections in the southeast corner of the City discharge into the
Coon Rapids Interceptor at Crooked Lake Boulevard. These 110 additional connections
flow south into lateral systems in Coon Rapids, ultimately flowing into the Coon Rapids
Interceptor. These 110 connections are depicted in Figure 4.2 in the Appendix.
The existing sewer system in Andover is operating within the design capacity of the lines
(no surcharging) and lift stations. Currently there are nine lift stations in the City. A
detailed analysis of the existing system was completed in 2007. The City has divided the
existing sanitary sewer system into eight major trunk systems. Each trunk system was
analyzed based upon current and ultimate anticipated connections, and existing slope and
size. A map of the existing sewer system with tributary areas is included in the Appendix
as Figure 4.2. Figure 4.3 provides a summary of each trunk line and lift station along
with existing sewer flows and capacities.
,.'.
Figure 4.3
Existing Trunk Line Sewer Flows and Capacities (Dec. 2008)
Trunk Line Size Slope Peak Exist. Peak % of Peak
Capacity Flow Capacity
(MGD) (MGD)
Bluebird Trunk-North 12" PVC 0.22% 1.40 0.75 53.2%
Bluebird Trunk-South 18" RCP 0.12% 2.52 1.30 51.5%
Pinewood Trunk 18" PVC 0.12% 3.06 0.97 31. 7%
Coon Creek Trunk 24" PVC 0.06% 4.66 3.13 67.2%
Crosstown Blvd Trunk 24" RCP 0.08% 4.48 3.70 82.6%
Bunker Lake Trunk-West 24" RCP 0.08% 4.48 1.31 29.3%
Bunker Lake Trunk-East 30" RCP 0.20% 12.85 4.14 32.2%
CrookedLake Blvd Trunk 36" RCP 0.05% 10.45 5.15 49.3%
Lift Station # 1 387 GPM 4" DIP 0.52 0.14 26.0%
Lift Station #2 180 GPM 6" DIP 0.26 0.09 33.7%
Lift Station #3 470 GPM 6" Dip 0.68 0.40 59.4%
Lift Station #4 486 GPM 6" PVC 0.70 0.50 71.5%
Lift Station #5 181 GPM 6" DIP 0.26 0.04 15.2%
Lift Station #6 106 GPM 4" PVC 0.15 0.06 41.5%
Lift Station #7 90 GPM 4" DIP 0.13 0.01 7.6%
Lift Station #8 105 GPM 4" DIP 0.15 0.08 54.2%
Lift Station #9 100 GPM 4" DIP 0.14 0.02 16.9%
-/~./
Revised 2/2/09
C. CAPACITY AND PLANS FOR FUTURE SYSTEM
Currently the MCES has allocated 4.0 MGD of sewer flow in the Coon Rapids
Interceptor for the City of Andover. The average projected sewer flow for the City in
2030 is ~ 2.94 million gallons per day (MOD), with a peak of~ 7.64 MOD. The ~.
ultimate average projected sewer flow for the City is ~ 3.12 MOD, with a peak of .v==
~ 8.11 MOD. This ultimate flow would include 100% build out within the 2030
MUSA boundary, including connection of all parcels within the current MUSA and build
out of the entire area designated as the Rural Reserve. Should the City Council, in
conjunction with the MCES, expand the MUSA boundary in the future, the ultimate
sewer flow could be higher. The City currently does not have plans to extend municipal
sewer to the area designated in the Metropolitan Council Environmental Services
(MCES) System Statement as "Potential Service" that is north of 161 st Avenue and east
of Verdin Street.
Figure 4.4 provides a summary ofthe anticipated average and peak sewer flow rates
generated by the City of Andover in 5-year increments up to the year 2030. These flow
rates are consistent with population, household, and employment projections from the
Traffic Analysis Zone's (TAZ). Projected flow rates were calculated by multiplying the
projected households by 225 gallons per unit per day. Based upon actual sewer flow
rates from the Metropolitan Council at meter M218 for June 2006 - June 2007, and the
actual number of sewer connections during that timeframe, the average flow per
connection for Andover was 207 gallons per unit per day. Staff discussions with MCES
personnel indicated that the average flow per unit for the metro area is approximately 218
gallons per unit per day. City staff chose to use a value of225 gallons per unit per day
for these calculations to be somewhat conservative and to allow for variation in flow. For
commercial/industrial/institutional flows, the number of employees in the sewered
portion of the City was multiplied by an assumed flow rate of W 35 gallons per employee
per day. This rate would include flow from restaurants, schools, businesses, car washes,
etc. This flow rate would include flow from employees as well as students, patrons, and
customers of these establishments.
Currently the MCES has allocated 1.0 MOD of se\ver flov,' in the Coon Rapids ~
Interceptor for the City of L^J1dover. By 2030, the City of Andover expects to contribute
3.012.94 MOD to this interceptor, which is tributary to the Metro V,TWTP. Once
ultimate build out (beyond 2030) ofthe City is achie~/ed, the anticipated sewer flO'.v is
3.333.12 MGD. Should the City Council, in conjunction v:ith the MCES, expand the
:MUSL^" boundary in the future, the ultimate S0'Nor flov.' could be higher.
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@
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and Council Members ~
CC: Jim Dickinson, City Administrator ~
FROM: Kameron Kytonen, Nat. Resources Tec . ~
Will Neumeister, Community Development Director tAi
SUBJECT: Continued Discussion Sustainable Landscape - Hanson Boulevard
DATE: February 24, 2009
INTRODUCTION
This has been a Council goal and the staff wants to discuss our ideas with the Council and
determine whether there is support and if the Council still wants to pursue this as a goal.
DISCUSSION
We have done brainstorming about what the basic plan should entail. The basic issue with the area
along Hanson Boulevard is the image of what the unmowed ditches and various fences look like.
We believe the best approach is to plant shrubs near the outer edge of the right-of-way to screen
the fences and let the existing grasses be left alone. We think it will be a 3 to 5 year commitment
from the Council, our staff and volunteers that could be recruited to get the new plants to become
established. Once the plants have become rooted in, then they will need nurturing in the form of
weeding around them and watering. See the attached concept plan drawing for a graphic of what
we propose. It will require an allocation of City funds or private donations to purchase the plants,
moisture gel packs, and mulching materials. After the plants have been put in the ground, then
some annual costs for "Round Up" weed killer will be needed or a diligent weeding program by
volunteers.
We are anticipating a cost of about $4,000 the first year for the Y2 mile long trial area that would
extend from Andover Boulevard northward along the east side of Hanson Boulevard to 150th Lane.
The second year we would anticipate another round of planting to add to the planting bed. That
would be smaller plants in a second row, placed directly in front of the plants that would be planted
this year. The first year's planting is to get the bigger maturing plants put in first to have the most
impact. This will require approximately one plant to be planted every ten feet in a serpentine plan
along the outer edge of the right-of-way. These plants will mature to a height often to twelve feet
and be nearly as broad as they are tall. We also would plant some "Big Bluestem" native grass in
patches to add some smaller plants this first year.
-
could become more weed infested than the unmowed sections.
We would also like to recruit volunteers and businesses to do regular bi-monthly trash pickup
along all stretches of Hanson Boulevard because this becomes part of the overall appearance
problem that should be addressed.
We look forward to your reactions to this general description of the planting program (or options)
we think will accomplish the goal of improving the appearance along the roadway.
Respectfully Submitte~ Attachment: Planting Diagram
Will Neumeister w
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C I T Y o F
NDOVE
1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW,CI,ANDOVER,MN,US
To: Mayor and Council Members ~
CC: Jim Dickinson, City Administrator
FROM: Will Neumeister, Community Development Directorp/el-
SUBJECT: Discuss Single Family Residential Market Value Preservation
DATE: February 24, 2009
INTRODUCTION
Over the past few years, the City Council has discussed issues surrounding single family market value
preservation, with most discussion centered on single family rentals and the housing maintenance code.
The most recent discussion about this topic was in response to a January 6, 2009 resident forum request (see
attached minutes) and this is to address two 2007-2008 Council goals that have been carried forward:
1. Initiate a program to maintain current housing stock and programs to help revitalize some of the
older neighborhoods and businesses.
2. Consider an ordinance regulating all rental property including townhomes and single family
residential.
DISCUSSION
The following is an abbreviated chronology of what has been discussed:
February 27, 2007 Workshop - Staff prepared arid presented a detailed report of what other surrounding
cities are doing for single family rental licensing. Council did not want to pursue single family homes being
regulated, but wanted to look at the wording of the nuisance ordinance. See attached minutes.
March 25, 2008 Workshop - Consensus of the Council was to direct the staff to prepare a draft of a
housing maintenance code related to single family units which addresses only the exterior of the building
and leave the current ordinance in place as it relates to rental units. See attached minutes.
April 22, 2008 Workshop - Council discussion resulted in a consensus that slight modifications could be
made to the current ordinance (i.e. Nuisance Code 4-1) to cover all single family housing units.
Enforcement of most of the changes would be the responsibility of the Building Department staff to inspect
and write up violations. This is due to the code amendment identifying specific elements of a home that
may be neglected that requires administering/interpreting the building code. It was felt that this was needed
in the code to deal with single family homes that are showing outward signs of neglect.
The second issue that was discussed at that meeting was a section that gave "entry powers" to the Zoning
Administrator and Building Official. The Council discussed that this amendment would be applied to
exterior elements only. The general consensus was that the section should be deleted as the new code
section deals with exterior elements of the home and those inspections may be done from the street, or with
permission from adjoining properties, if it can not be seen from the street. See attached minutes.
May 20, 2008 Workshop - Council held a public hearing, discussed the details, and adopted the attached
code amendment which addressed the Council's concerns. See attached minutes.
January 6, 2009 Resident Forum - Resident comes forward and explains what is happening in her
neighborhood that is causing her to be concerned. See attached minutes.
Other Cities Efforts - The staff was requested to submit information about our city (related to licensing
single family rentals and also foreclosures). That information was shared with a larger group of nearby
cities at a meeting in the fall of 2008. See attached (pgs. 11-17) for a description of what other cities are
doing related to licensing single fainily rentals and foreclosures. Also attached (pgs. 18-28) is the
"Recovery Plan for Foreclosed Properties in Brooklyn Park". Some cities (such as Brooklyn Park) are doing
extensive work on monitoring and establishing programs to deal with the large number of foreclosures
and/or single family rentals in their city. Note (on page 25 of this report) that Brooklyn Park and their
partners are planning to invest over $10 million from various sources in their foreclosure recovery efforts.
They have 11'2 employees working on the program. Blaine has been licensing single family rentals for three
y~ars already and they have approximately 1,100 single family homes that are licensed and they have two
staff people devoted to this program. Blaine indicates that they also enlist the Building Department staff to
help with the program. Coon Rapids has been licensing single family homes for many years also and they
have two staff devoted to help administer their program. They are currently in the process of drafting a new
ordinance to regulate the single family rentals.
Current Levels of Monitoring - The staff currently receives monthly updates from Anoka County of the
homes currently being foreclosed. That list goes to the city's public works department who checks on those
(presumably) vacant homes. Code enforcement staff monitors these homes for other code issues related to
grass height, trash or debris accumulation and broken window or doors, abandoned vehicles, etc.
Weare also being proactive in dealing with other properties that have not been foreclosed on, but are
showing signs of neglect, similar to what is described above. Staff has been keeping track of the homes that
appear to be vacated or not being maintained (ex. snow accumulation on driveways, no activity on the
property, etc.). Staffhas also been in contact with Laura Landes from the Anoka County Sheriffs Dept. who
works with residential crime watch groups. Ms. Landes will be periodically providing the staff addresses of
vacant and perceived to be vacant properties, which will be added to the list staff has created. This list may
not be completely accurate since the information is often based on assumption from appearance and activity
on the property. But this will hopefully give staff a "heads up" about a potential foreclosed or noncompliant
property. Staff will keep an eye on these properties while we are conducting inspections to help ensure
general safety and well being of both the properties and neighborhoods.
ACTION REOUESTED
It is requested that Council review the information and provide direction whether anything further is
recommended to facilitate single family residential market value preservation.
Respectfully Submitted, l-i/b--
Will Neumeister
Attachments: City Council Minutes (January 6, 2009; May 20, 2008; April 22, 2008; March 25, 2008; Feb.
27, 2007); Adopted Code Amendment (May 20, 2008); Information on other cities; "Recovery Plan for
Foreclosed Properties in Brooklyn Park".
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0 Andover City Council Workshop
Minutes - February 27, 2007
Page 4
s staff go through the changes and reword this to be brought back to them. He thought this
was over lex, overly long and brings in people they do not want to bring in, requiring the
individual homeo o do many things that they are not able to do. Mr. Berkowitz stated this is
mainly used during cons . for developers, builders, and street construction work.
Councilmem.ber Orttel thought they could this to the developers to get their opinions. Mr.
Westlund stated he has a problem with this because do not know who is responsible for this.
Councilmember Jacobson thought this needs some rework before appr Mayor Gamache liked
CouncilmemberOrtteI's idea about having some of the developers and excava: ok at this too.
Mr. Berkowitz stated that staffwould make revision and send a revised copy out to the . and
developers for comment.
. SINGLE FAMILY RESIDENTIAL RENTAL DISCUSSION
Staffhas been following what the City of Blaine and other cities in the Metropolitan area are doing
0 to regulate single-family residential rental units.
Mr. Neumeister discussed the information with the Council.
Councilmember Jacobson stated in looking at an ordinance, are they looking at code violations or
renters who rent the homes or both. Mr. Dickinson thought the Council needs to figure this out.
They do not regulate single-family rental residences; they only regulate a home if there are two or
more rental units in a building to meet the current ordinance they have. If they do take on the single-
family rental units, they need to find ways to seek them out. The question is to find out how they can
do this.
Councilmember Trude thought the problem is the party houses. Councilmember Orttel thought they
need to find a way to get rid of those types of problems. Mr. Dickinson showed on the map where
they have had problems in the City.
Councilmember Jacobson thought they should look at their nuisance ordinance and see how they can
use that better. Mr. Dickinson thought they could look at querying the addresses with the Sheriff to
determine where they have had problems.
Herb Blommel stated he looks to see how many problems are at a current rental and contacts the
owner of the property to let them know the problems.
0 The Council did not want to pursue single family homes being regulated, but wanted staff to look at
,wording in the nuisance ordinance to make it better.
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0 .'
Andover City Council Special Workshop Meeting
Minutes - March 25, 2008
PaKe 4
~ DISCUSS HOUSING MAINTENANCE CODE
Mr. Neumeister stated the City Council recently discussed establishing a housing maintenanCe code
for single-family residential units; staffhas looked at the current ordinance and has determined that it
could be amended to cover all housing units. He explained that most cities have housing
maintenance codes that are similar to what the City already uses for rental properties. He stated if
the Council determines that the current ordinance should be amended, staffwill make those revisions
and bring it to a public hearing at the Planning Commission next month. He added the Building
Department would'be called upon to do all the inspections and follow-up; however, as the projected
Building Department workload for the summer looks, there will not be the time available to be very
proactive on this ~th current staffing during the busy time of the year.
0 Councilmember Orttel stated he felt it was important that the City ensure that older neighborhoods
are kept up.
Councilmember Trude concurred and stated that it is important to include safe building elements in
the ordinance.
Councilmember Jacobson stated the current code is designed for rental units and a lot ofit pertains to
inside the structure. He stated he did not feel the City could enforce this effectively for single-family
units, particularly as it relates to inside the structure.
Mr. Blommel presented the 2007 Minnesota State Building Code relating to right of entry and noted
that the City is required to obtain authorization or permission to go into a person's home.
Mr. Dickinson stated it does not appear the City Council wants staff to enter a home unless there is a
public safety or health issue, which the City can prove.
Councilmember Trude stated she is more concerned with the deterioration of the structure in cases
where it presents a public safety issue. She added that "garbage houses" can represent a fire safety
issue.
ConSensus of the City Council was to direct staff to prepare a draft of a housing maintenance code
related to single family units which addresses only the outside of the building and to leave the current
0 ordinance in place as it relates to rental units, for consideration by the City Council at a workshop.
I
Mr. Neumeister asked if the City Council wanted point of sale inspections.
It was the consensus of the City Council that the City would not perform point of sale inspections.
-;1-
0 Regular Andover City Council Meeting
Minutes - April 22, 2008
Page 3
ouncil discussed the replacement dates for vehicles and Chief Winkel suggested if the City
can pay c or the next fire engine they shoul~ at least for the chassis because they will save
five to ten percen the cost.
The Council thought the report nice comprehensive one and thanked the Department for all
they have done for the City.
The Council took a five minute recess at 7:40 p.m.
The Council reconvened at 7:45 p.m.
.. BUILDING MAINTENANCE CODE DISCUSSION
Community Development Director Neumeister stated the City Council recently discussed
establishing a housing maintenance code for single-family residential units and wanted to further
0 discuss options that may be available.
Mr. Neumeister reviewed the staff report with the Council.
Mr. Dickinson asked in 4-1-4 inspections and investigations, item b, did the Council still feel
comfortable the way it is written. Councilmember Trude thought everything the Council listed is
exterior.
Mr. Neumeister stated they wanted to propose this be stricken. Councilmember Trude thought
their tree inspector has that right now. Councilmember Orttel thought they should just list
exterior. Councilmember Trude thought they should talk to the City Attorney regarding this.
Councilmember Jacobson stated on the bottom of page two it lists exterior building materials and
he thought this should state remodeling projects. He did not support entering a home.
Councilmember Trude agreed.
Councilmember Orttel thought this was what they wanted in the code.
'SMENT POLICYDISCUSSION
Director of Public . Engineer Berkowitz stated the City Council is requested to discuss
0
0 the merits of updating the City's t assessment manual.
Mr. Berkowitz reviewed the information with the Coun . .
Councilmember Jacobson asked if they had a major problem with their assess
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0 Regular Andover City Council Meeting
Minutes - May 20, 2008
Page 3
. P1JBUC HEARINGIAMENDMENT TO NUISANCE CODE (TITLE 4, CHAPTER 1)
Community Development Director Neumeister stated at the April 22, 2008 workshop, the City
Council discussed establishing a housing maintenance code for all single-family residential. The
workshop discussipn resulted in a consensus that slight modifications could be made to the current
ordinance to cover all single-family housing units.
Mr. Neumeister reviewed the information with the Council.
Councilmember Trude stated with regard to remodeling projects, it is pretty difficult to get the
exterior replaced without having some materials in the yard. She thought a simple way to handle it
would be to insert after "out of view from adjoining properties" something like "except exterior
remodeling." If someone is having siding or windows done sometimes it takes awhile to use the
0 materials. Councilmember Orttel stated that was the problem, exterior projects and some will go for
a year or more. Councilmember Trude wondered if they should add anything. Councilmember
Orttel thought it was fine and did not think anyone would tag someone if they are putting up a piece
of siding and the material was showing. Mayor Gamache thought if the material is neat and orderly,
there would not be a problem.
Councilmember Jacobson stated he had three comments. At the bottom of page 2, under E,
"Integrity of the Dwelling Unit", he would like to restate it to read: All exterior elements of
residential dwelling units in the City shall be kept in a clean, sanitary and structurally safe condition
and in sound repair." Mr. Neumeister stated there have been cases in the past that the City Staffhas
tried to make sure that people who are violating a Code they understood that this is specific to their
case. That is why they are specifically listing these out. Councilmember Jacobson stated he was just
rewording the sentence, not commenting on the listed items.
Councilmember Jacobson noted on page 3, under F, "Remodeling Projects", it states All residents
completing undertaking remodeling projects". Also on Page 3, under II, "Other Conditions: is guilty
of..." He wondered who "is" refers to. Councilmember Trude stated this was an old ordinance.
City Attorney Baumgartner stated at the beginning of 4-1-2 under "Public Nuisances" on page two it
says, "whoever" and that is who the "is" refers to.
Motion by Jacobson, Seconded by Orttel, to open the public hearing. Motion carried unanimously.
0 No one wished to address the City Council.
Motion by Knight, Seconded by Jacobson, to close the public hearing. Motion carried unanimously.
Motion by Knight, Seconded by Orttel, to adopt the attached code amendment as amended, as well
as the summary ordinance. Motion carried unanimously.
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REGULAR ANDOVER CITY COUNCIL MEETING - JANUARY 6,2009
MINUTES
The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor
Mike Gamache, January 6, 2009, 7:00 p.m., at the Andover City Hall, 1685 Crosstown
Boulevard NW, Andover, Minnesota.
Councilmembers present: Sheri Bukkila, Don Jacobson, Mike Knight, Julie Trude
Councilmember absent: None
Also present: City Attorney, Scott Baumgartner
Director of Public Works/City Engineer, Dave Berkowitz
City Administrator, Jim Dickinson
City Planner, Courtney Bednarz
Others
PLEDGE OF ALLEGIANCE
OATH OF OFFICEINEWLY ELECTED OFFICIALS
City Attorney Baumgartner administered the Oath of Office to Mike Gamache and Mike Knight.
Sheri Bukkila was administered the Oath of Office by Judge Manrique.
RESIDENT FORUM
Ms. Fisher, Svcamore Street NW (Constance Comers) - Stated she is at the meeting in regard to
the possible change in the Andover ordinance regarding single family home rental properties.
She explained they are having many problems in their neighborhood with single family homes
being rented out. She stated they have had problems with cars parked all over the neighborhood,
parties, drunken people, A TV and snowmobile activity and other problems. She stated they are
concerned about this in their neighborhood and other Andover neighborhoods.
Ms. Fisher indicated they are the only owner occupied home in their neighborhood and have
called the Sheriff many times and are concerned about their safety and property. She thought the
real problem is the owner's lack of accountability and would like the City to address this so there
is a way that the City and Sheriff can more effectively contact the owner regarding problems that
need to be corrected.
Mr. Dickinson explained what the City and Sheriffs office have done and he felt they are getting
things under control in that area.
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t=ro- : ~ ~>'\v~t~ ''*'''1 ~ooq
9-.tsfc1evJ PMI/W'\
Issue: Owner Accountability for Single-Family Homes used as Rental Properties
- Many homes are being used as rentals, either because they cannot be sold in the current market, or
because they have been bought by individuals or companies who wish to exploit the opportunities for
rental income.
- Problems are occurring due to the fact that there are apparently few, if any, requirements for owner
responsibility for how these properties are being occupied and used. We would like to comment on
this based on experiences in our immediate neighborhood (cul-de-sac on Sycamore St NW)
Amona 4 sinale-family homes, ours is the only home which is owner-occupied, Here are the others
- Home (new) which was probably leased to 1 or 2 tenants, but in actuality has been occupied by large
and frequently changing groups, mostly young males 20-30 years old. The number of unrelated
people residing there may have been 10 or more at various times.
- Home (3 yrs old), currently on the market and in risk of foreclosure, which is being used as an
overnight and/or extended temporary residence by the owner's 21-yr old son and large groups of
friends/acquaintances.
- Home (new) leased to a family with a large number of children and visiting friends and relatives.
Examples of problems experienced durina the last 18 months on Sycamore Street (many Sheriff's calls)
- All night parties that go on all night, sometimes into the next day, on the order of "Raves". These
involve loitering and staggering about in the yard and open garage while drinking from funnels,
urinating on the lawn in broad daylight, aggressive behavior.
- Extensive use of snowmobiles, ATVs, and/or dirt bikes up and down the street, throughout suburban
lawns, and over adjacent empty private lots.
- Blocking most of the street by parking boats and cars immediately opposite each other (weeks at a
time) or in the middle of the street; partying with drinkers occupying the open boat and cars.
- Excessive numbers of vehicles parked on the street (up to 30 associated with just 2 homes)
- Groups of males loitering in the street in the morning during early commute time
Laissez-faire situation with sinale family rental homes puts Andover neiahborhoods at risk
- Additional unnecessary reduction in effective property values
- Vandalism and theft
- Escalation to drug dealing / manufacture, prostitution, etc.
- Unsafe environment for children
We wish to make an appeal to City Council to consider the followina recommendations
- Documentation of rental status of property per City and County (currently, these properties are listed
from time of original sale as "owner-occupied").
- Mandatory requirement that City be provided with contact information for owner, or designee (e,g.,
Rental Management Company) including name, address, phone, email, etc.
- Place tenant names on file with City
-I"
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE -
AMENDING CITY CODE (TITLE 4-1, NUISANCE CODE)
WHEREAS, a workshop discussion on April 22,'2008 brought this code amendment to the
attention of the City Council;
WHEREAS, a public hearing was held before the City Council on May 20, 2008 and;
WHEREAS, the City Council reviewed the proposed code change; and
WHEREAS, the City Council has determined that the modifications to the current code
language are needed to assure that proper exterior home maintenance is being done in the
community.
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF ANDOVER DOES
HEREBY ORDAIN AS FOLLOWS:
City Code 4-1 is hereby amended as follows (underlining indicates new language and
strikeouts indicate language to be removed):
4-1-2: PUBLIC NUISANCES ENUMERATED: Whoever, by his act or failure to
perform a legal duty, intentionally does any of the following, is guilty of maintaining a
public nuisance and may be ordered to abate the nuisance as
provided herein, charged with a misdemeanor, or both:
A. Dangerous Conditions: Maintains or permits a condition which unreasonably annoys,
injures, or endangers the safety, health, morals, comfort or repose of any considerable
number of members of the public.
B~ Obstructing Public Ways And Waterways: Interferes with, obstructs, or renders
dangerous for passage any public highway or right-of-way, or waters used by the public.
C. Interference With Health Officials: Willfully opposes or obstructs a health
Officer or physician charged with the enforcement of the health laws in performing any
legal duties.
D. Deposits Of Used Tires: Deposits or allows depositing of used or waste
tires upon public or private property which is not a tire recycling, processing or receiving
sit approved b t e . t .
E. Inte2ritv of Dwellin2 Unit: All residential dwellin2 units in the City shall keep the
followin2 exterior elements of a home in a structurally safe condition and of sound
repair:
1. Stairways. porches. balconies. or decks;
2. Windows and Doors;
3. Soffit and Facia;
4. Roofs;
5. Sidin2. brick. stone or stucco;
6. All other exterior elements not specifically listed.
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~
F. Remodeline: Proiects: All residents completine: remodeline: proiects must keep all
materials beine: used in the remodeline: proiect in a neat and orderly appearance and
out of view from adioinine: property for the duration of the proiect.
G. All e:arbae:e and refuse shall be kept in proper storae:e containers (bins or
dumpsters) and ree:ularlv disposed of.
E,. H. Other Conditions: Is guilty of any other act or omission declared by state law or city
ordinance to be a public nuisance. (Amended Ord. 72, 10-15-1985)
4-1-4: INSPECTIONS AND INVESTIGATIONS:
A. Periodic Inspections; Investigations: The Zoning Administrator or Building
Official shall cause to be inspected all public and private places within the
city which might contain a "public nuisance" as defined in this code as often as practicable
to determine whether any such conditions exist. The Zoning Administrator or Building
Official shall also investigate all reports of public nuisances located within the city.
B. Entry Powers: The Zoning .'\.dministrator, Building Official or their duly authorized
agents may enter upon all public and private places at any
reasonable time for the purposes of inspecting those places for public
nuisances. (.^Jllended Ord. 72, 10 15 1985)
All other sections of the City Code shall remain as written and adopted by the City Council
of the City of Andover.
Adopted by the City Council of the City of Andover on this 20th day of May, 2008.
CITY OF ANDOVER
ATTEST: Michael R. Gamache, Mayor
Victoria V olk, City Clerk
-,.J(}_
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Sinale-Familv Rentals
What is your process for identification, regulation and enforcement related to the
conversion of single-family owner-occupied residential properties that have or
are transitioning into rental status?
New Brighton - We don't currently have a process monitoring conversions from a single family home into
a rental. We currently have no enforcement or licensing mechanism in place for the interior of these
rentals. We do handle nuisance and could handle future exterior housing complaints with the changes
the Council showed interest in. The Council showed little interest in inspection or licensing of single
family and duplex rentals.
Mpls - The City of Minneapolis has a rental housing registration program. The enabling ordinance applies
to single family residences. An annual fee is charged, A summary of the program is available through the
following link http://www,ci.minneapolis, m n.us/inspections/landlords-home.asp.
Andover - Andover does not license single family rentals.
Crystal - We have required rental licenses for all rental properties in Crystal since the early 1990's.
Ramsey - Currently we have a Rental licensing program which requires all rentals to have an inspection
and become licensed with the City. We track that a couple of different ways, Keeping track of rental
listings in the local papers has been our best source to date.
Maple Grove - Any unit in Maple Grove is eligible to receive a rental license, provided the unit meets
minimum building code and other code requirements. Inspections are required prior to the issuance of
any rental license which has a life of 3 years. Upon renewal of any license the unit has to be re-
inspected.
Blaine - We currently look at the homestead records with the county and any homes that are not
homesteaded receive a letter inquiring if it is a rental unit or not. In some cases they are not a rental but
are not homesteaded due to having another homesteaded property. If they are a rental they are directed
to complete a rental license application and submit it to the city. The City of Blaine just changed our
rental licensing ordinance in March of 2007 to include single family residential rentals.
Brooklyn Center - Note: ,Statistical information fluctuates due to market conditions and traGking systems.
1. Identification:
a. Voluntary - landlord or management company contacts city for rental license
b. Proactive monitoring of internal systems - notification of potential rental properties
involving 2 notices (30 days)
i. Non-homestead properties sent notice - 1 time a year
ii. New owner identifying "not principle residence" on the Certificate of Real Estate
Value, then Assessing send follow up letter
iii. Internal referrals from code enforcement, police department and assessing when
unlicensed rental property discovered.
iv, Utility department identifies properties where there is a change in billing due to
ownership or occupancy changes
c. Neighbor notification through phone calls, emails, eCitizen/website reporting. A list of
licensed rental properties is located on the website. Public education on process is
provided through various means including city newsletter.
2. Enforcement
a. After investigation and verification of unlicensed rental properties, a formal complaint is
issued through Hennepin County Court System.
3. Inspection
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'.
a. An inspection of a rental property is required within 14 days of the application, and is a 2-
year licensing period.
New Hope - The city uses Hennepin County's Sheriff's Foreclosure listing to track new foreclosures in the
city. A database has been established which is regularly updated. Inspectors regularly drive-by foreclosed
properties and track their status and watch for any problems. Any property transitioning from homestead
to non-homestead rental is required to register as a rental property with the city. At this time no additional
fees are applied for this transition but the city is considering changes to the policy,
Brooklyn Park -
Housing Court Process
Inspections for the purpose of property maintenance, specifically rental housing inspections, are done in
accordance with the 2000 International Property Maintenance Code (IPMC). Property owners are issued
certificates of compliance based on the results of scheduled inspections. These compliance certificates
are the basis for the approval and renewal of the required rental license. The goal of this preventive
maintenance program is compliance and completion through cooperation and a willingness of owners to
direct resources to facilitate a proactive maintenance program. This approach to inspections,
maintenance, and licensing allows evaluation and correction of necessary building and mechanical
systems to provide structurally sound and well maintained housing stock that supports the economic well
being of the neighborhood and the community. Owners that are renting without a proper license, fail to
renew a rental license, or refuse to comply with the IPMC are subject to enforcement procedures in
accordance with city ordinance chapter 110. This process involves resolution through monetary
penalties (fines and citations), administrative hearings, re-inspection procedures, and as a last resort,
referral to the City Attorney's office for a scheduled hearing in Hennepin County Housing Court with the
ultimate program goal of compliance with the city ordinance,
On a monthly basis the Business Licensing staff runs a crosscheck of non-homesteaded / non-licensed
properties. Letters are mailed to property owners of these suspected unlicensed rental properties
advising them of the requirement to obtain a rental license within 10 days, Staff will follow up (door
knock) to verify property status (ie. property vacant, owner occupied, tenant occupied, foreclosed).
Property owners that are found renting without a license must comply with City ordinance or are issued
fines up to $2000 and notified of the City's intent to file a tenant remedy action in Hennepin County
Housing Court. Housing court is a district court that handles rental property disputes involving landlords
and/or tenants. Per state statute, persons may bring actions against landlords or tenants involving
eviction, rent escrows, and property violations. In cases where the City brings action against a landlord
for failure to comply with a City property ordinance, we have standardized the motion with the City
Attorney's office asking the court to set up a rent escrow with a third party receiver who will collect the
rents, license the property, manage the property, and make any property maintenance repairs. The
receiver will collect rents up to the point that the costs associated with the violations have been recouped.
At that point the City will provide a full accounting to the courts and petition to have the receiver
dismissed. By statute only certain costs are recoverable through the rent escrow by the person bringing
the action. To this point the courts have awarded the City monetary reimbursement for administrative
citations, unpaid utility bills, up to $500 for attorney fees, and all costs, fees, and expenses incurred by
the City related to the tenant remedy. Other or additional costs (eg, attorney fees over $500) can be
collected through assessment against the property.
Currently the City is using Steven Scott Management as the court appointed receiver to manage the
property during and up to the time of compliance. The courts require that receivers be willing and viable
both financially and professionally to handle the role of collecting rents, paying bills, contracting for repairs
and managing the property in general. Steven Scott Management is in the property management
business and has been willing to act in this role on behalf of the City's interest. We are continuing to look
for other property management companies that would be interested in working in the capacity of court
appointed receiver.
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If known, how many single-family rentals are in your community?
New Brighton - From information looking at non-homesteaded single family and duplex properties in
New Brighton, it is estimated we have approximately 413.
Mpls - The city has approximately 86,000 single family houses.
Andover - Unknown - we do not license single family rentals.
Crystal- We currently have 342 single family homes licensed as rental properties (about 5% of our single
family homes). This is up quite a bit - prior to the foreclosure'crisis, we had closer to 200 - 250.
Ramsey - Currently there are 57 single-family rentals in Ramsey.
Maple Grove - There are 292 single family residences currently with rental licenses.
Blaine - 329 that are currently licensed.
Brooklyn Center - Number of single family rental licenses - 308 (Reflects a few individual condos,
townhome units)
New Hope - 386 SF rentals
Brooklyn Park - We have 1,453 single family rental units.
What percentage of the single-family housing stock does this represent?
N w Brighton - From this information the number is most likely around 8% of our single family dwellings.
Andover - NA
Crystal - About 5% of our single family homes.
Ramsey - 0.8%
Maple Grove - This number represents about 1.8% of the single family housing stock,
Blaine - Approximate total housing stock including manufactured homes - 18,343, percentage that is
rental about 2%.
Brooklyn Center - -4.1 % (Reflects a few individual condos, townhome units)
New Hope -
SF homes = 4,682
SF rentals = 386
SF rentals = 8.2% of SF housing stock
Brooklyn Park - This represents 7% of the single family housing stock,
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Foreclosures
What steps have taken to address foreclosures in your community?
New Brighton.. The City does monitor the number and location of foreclosures. The City has cut grass
on approximately 7 properties this year. They were vacant and foreclosed.
Mpls .. The city has adopted a five point strategy to address foreclosures. The elements of the strategy
are as follows:
- Prevent Foreclosures
- Prevent Properties for Being Boarded and vacant
- Rehabilitate or Remove Boarded and Vacant Buildings
- Promote Reinvestment and Environmental Sustainability
- Attract and Retain a Healthy Mix of Stable Residents.
Additional information on the city's efforts can be found at the following web page
htto:/lwww.cLminneaoolis.mn.us/foreclosure/. The web page also has links to the requested statistics
related to foreclosure. The data also has a map identifying the homes that avoided foreclosure.
Andover.. We have been receiving a monthly update from Anoka County from the Sheriff's sales. We
then have staff from public works go out to visit the homes on the list and determine if someone is living in
the house or not. If no one is around we leave a door hanger notice that we will shut the water off in two
weeks if no one calls a specific phone number. If we don't hear from them we shut the water off.
We are also getting leads on vacant homes from Centerpoint Energy and also just observations from our
public works personnel when they are out in the community.
We are beginning to work with Anoka County Community Development staff and the Twin Rivers
Community Land Trust to identify properties on the foreclosure list that they could acquire, rehab and get
on the market to "first time" type buyers. The Community Land Trust program is a good one for clean up
of homes needing work and gets "first time" buyers into the homes that they have rehabed. This program
recently got approval to use CDBG funds and is just getting started in Anoka County.
The Twin Rivers Community Land Trust rep. is Teresa Vanderbrent (651) 994-9194 (ext. 201) and she is
working with Lana Burczek at Anoka County (763) 323-5708. Basically they are looking to buy homes
built before 1970 (with three bedrooms) and spend up to $160,000 on purchase and another $60,000 on
rehab. Then they discount the land from the selling price, and they actually hold title to the land and sell
only the home. The buyer can afford to buy it and pay no more than what a rental cost would be and they
start to gain some eqUity in the home. The land trust gets most of the gain, but the buyer will get a
portion also if and when it is resold.
Crystal.. We are currently trying to track foreclosures in Crystal using Hennepin County assessor's info,
Sheriff's sale info, utility billing info, inspector info, etc. We provide a weekly report to the Council about
the properties we believe to be in foreclosure.
Ram ey.. We are in the process of prioritizing this issue with our HRA, to date we have done nothing
specific.
Maple Grove.. At this pOint the City has no foreclosure prevention or help project that I am aware of.
Blaine.. We currently are trying to keep as updated a list as poSSible when the information is received
from the county. We also follow-up on complaints received from neighbors. We try and make every effort
to contact the mortgage company that is responsible for the property to address any complaints or
-1,/-
.
.
hazardous conditions such as tall grass or water issues such as broken pipes. In many cases we can not
locate the responsible parties and have ordinances in place that allow the city to take action when needed
such as mow the lawns or shut down the water. The cost incurred would then be assessed against the
property.
Br oklyn Center-
Steps to address foreclosures in community
a. Data Collection: Monitor and record foreclosures and vacancies - data
( b. Prevention and Intervention: Partner with prevention agencies, send out brochures and
info in city communication tools
c. Neighborhood Stabilization: Monitor property maintenance through inspections and site
visits - Property inspections (multi-department - Community Development (Housing,
Code Enforcement, Building Inspections, Assessing), Police Department, Public Works
d. Reinvestment: Working on re-occupancy/revitalization strategies
New Hope. Regular database updates and inspections. Information shared with police, public works and
neighborhood watch groups.
Brooklyn Park -
The City's foreclosure initiatives already underway include:
1. Prevent foreclosures through increased foreclosure prevention counseling and a comprehensive
outreach and information campaign.
2. Stabilize Brooklyn Park's housing stock by identifying vacant and foreclosed homes, properly
securing these properties, and using a common internal communication stream to avoid staff
duplication.
3. Provide assistance to homebuyers to rehab foreclosed homes.
4. Facilitate homebuyer programs to link potential homebuyers to available homebuyer resources,
some of which are city-funded.
The City is also preparing to implement its Foreclosure Recovery Plan, which continues to evolve to meet
the requirements of the available funding sources, such as the Neighborhood Stabilization Program funds
from the federal government. Currently the draft plan includes:
Recovery Plan For Foreclosed Properties in Brooklyn Park
liD Description Status/Funding
1 Acquisition and Rehabilitation City is seeking funding for acquisition/rehab financing
program and improvement loan program
2 Demolition and Land Banking City is seeking funding to acquire and demolish a
limited number of foreclosed and vacant homes. Some
lots would be land banked for future development.
3 Develop a Pool of Buyers Initiatives underway
4 Homebuyer Assistance Some initiatives underway, city is seeking funding for a
Programs homebuyer grant program
-t~":
.
.
How many foreclosures have you experienced in 2008?
New Brighton - In 2008 there have been 44 foreclosures so far. This is an increase from last year and
nearly double from 2 years ago. Not all the foreclosures are vacant and not all vacant homes are
necessarily foreclosures. I do attempt to keep an idea of the number of vacant foreclosed homes in the
City and believe it to be close to 30.
Mpls - In 2007 the city recorded 2,895 foreclosed properties.
Andover -147 so far this year.
Crystal-As of last week, our total since 1/1/07 was 267. (115 were in 2007and the balance have been
this year).
Ramsey - 198
Maple Grove - 424
Blaine - 274 through September
Br oklyn Center - 325 as of 10/21/08
New Hope - Jan - beginning of Oct there were 65 foreclosures. For all of 2007 there were 53.
Brooklyn Park - Despite the City's foreclosure prevention efforts, the number of foreclosures occurring
monthly continues to rise in many neighborhoods in Brooklyn Park. Through September 2008, the city
had 725 new foreclosures, up from a total of 593 foreclosures in 2007.
-16~
,
,
What percentage of the housing stock?
New Brighton - This represents slightly less than 1 % of the single family homes in the City.
Andover - 1.47%
Crystal- As of last week, our total since 1/1/07 was 267. This is about 4% of our single family housing
stock.
Ramsey - 2.5%
Maple Grove - 2% 424 foreclosures out of 21 ,425 residential properties.
Blaine - 1.4%
Br oklyn Center - -3.9%
New Hope -
SF homes = 4,682
SF foreclosures 2008 = 43 (includes 37 SF homestead and 6 SF non-homestead)
SF homes in foreclosure = .9%
Total homes = 8,510
Total foreclosures = 65
Total housing units in foreclosure = .8 %
Brooklyn Park - See attached Excel spreadsheet. Shows relationship to Minneapolis numbers.
How many single-family vacancies? .
Mpls - The city has approximately 700 vacant housing structures on its "vacant housing" list. Many of the
units are single family.
And ver - Unknown
Ramsey - We have no way of capturing this number. We have 43 single family units that started
construction that have never been finaled and the builder or developer is no longer operating. Other than
that number we do not have anything.
Maple Grove - We do not track housing vacancies nor do we have a way to do that. We have apartment
occupancy information from a survey early this year (a cooperative effort of CEO and Assessing).
Blain - We do not track the number of vacancies at the time.
Brooklyn Center- 182 as of 10/21/08
New Hope - There are approximately 40 vacant foreclosures (SF homes, condos). Approximately 30 of
those are SF homes.
Br klyn Park - The City is aware of 416 vacant homes.
-i7-
r
Recovery Plan tor Foreclosed Properties
in Brooklyn Park
January 2, 2009
Addressing the issue of home foreclosures in Brooklyn Park is a top priority for city leaders.
City staff prepared this foreclosure recovery plan to build on the City's existing foreclosure
initiatives. Part I of Brooklyn Park's recovery plan supports acquisition, rehabilitation, and
re-sale of foreclosed homes. Part 2 includes demolition of blighted, vacant properties. Part 3
of the plan includes steps to develop a pool of home buyers. Part 4 includes homebuyer
assistance programs to get buyers into foreclosed homes.
Figure 1
Recovery Plan For Foreclosed Properties in Brooklyn Park
6D Description Status/Funding
1 Acquisition and Rehabilitation City is seeking funding for acquisitionlrehab financing
program and improvement loan program.
2 Demolition and Land Banking City is seeking funding to acquire and demolish a
limited number of foreclosed and vacant homes. Some
lots would be land banked for future development.
3 Develop a Pool of Buyers City initiatives are underway,
4 Homebuyer Assistance Some initiatives underway, city is seeking funding for a
Programs homebuyer grant program.
The Problem
Despite the City's foreclosure prevention efforts, the number offoreclosures occurring
monthly remains high in Brooklyn Park (Figure 2). Through November 2008, the city had 908
new foreclosures, up from a total of 593 foreclosures in 2007 (Figure 3). The City is also
aware of over 500 vacant homes. While certain neighborhoods across the central part of the
city have a concentration of foreclosed properties, foreclosures are spread throughout the
entire community.
-!$~
Figure 2
Brooklyn Park -New Foreclosures per Quarter
1 st Quarter 2006 - 3rd Quarter 2008
Ul 300
262 249
l!!
::s
Ul
~ 200 146
l!! 137
.2 115
~ 100 77 81
Ql
.0
E
::s 0
Z
01 2006 Q2 2006 03 2006 Q4 2006 01 2007 02 2007 03 2007
Q4 2007 01 2008 Q2 2008 Q3 2008
Month
Total estimated home foreclosures between Jan. 2006 - Sept. 2008 = 1,616
Source: Hennepin County Sherriffs Office
Figure 3
Brooklyn Park Foreclosures
1000
l/)
Q)
...
::l 800
l/)
0
(j
Q) 600
...
I
0
I.L.
- 400
0
...
Q)
.c 200
E
::l
Z
0
2005 2006 2007
*2008
I Year
Source: Sales Extract, Hennepin County Sherriffs Office
*2008 Count from January to November
In response to the foreclosure crisis in Brooklyn Park, in early 2008 the City developed a
foreclosure initiative in partnership with other groups and stakeholders. The goal of the
initiative is to stabilize and improve the city's housing stock. The initiative includes three
strategies:
1. Foreclosure Prevention: Prevent foreclosures through increased foreclosure
prevention counseling and a comprehensive outreach and information campaign.
-j'f-
2. Secure Foreclosed Homes: Secure Brooklyn Park's housing stock by identifying
vacant and foreclosed homes, properly securing these properties, and using a common
internal communication stream to avoid staff duplication.
3. Foreclosure Recovery: Rehab homes or provide other related assistance to quickly
convert homes back into owner occupancy.
The City has moved forward on the first and second strategies to address the foreclosure
problems in Brooklyn Park and continues to work on its efforts to prevent foreclosures froin
occurring and to secure vacant homes to protect neighborhoods. The following Foreclosure
Recovery Plan outlines the process for moving the third strategy, the recovery of foreclosed
homes, forward.
Recovery Plan
The four-partRecovery Plan was dev,eloped to respond to the most evident challenges
associa~edwith recovering foree1osed homes, which include:
. 'Holding Costs: The holding costs of unsold rehabilitated homes make acquisition and
rehabilitation programs extremely challenging without sorriefinancial subsidy. The
BrooklynPark Econolllic Development Authority (EDA) is currently dealing with.its
own unanticipated holding costs as a result of being unable to sell six EDA-owned
rehabilitated twin home units. In addition, the Greater Metropolitan Housing
Corporation (GMHC) has been unable to acquire and rehabilitate foreclosed homes in
Brooklyn Park despite the EDA's offer of$15,000 gap funding per house, citing
holding costs as an obstacle. The f:DA's experience, along with market data and
general discussions with developers, demonstrates that the holding costs of unsold
rehabilitated homes is one of the greatest barriers to bringing foreclosed homes out of
disrepair and back into stable homeownership.
. Scale of Problem: While the foreclosure crisis is a problem across the nation, the City
of Brooklyn Park is one ofthe most affected communities in the Twin Cities region,
with 1,799 foreclosures recorded since January 2006. Because the scale of the local
problem is so great, it necessitates both public and private sector solutions. The City of
BrooklynPark can not and does not expect to be able to adequately address the
problems of foreclosures without relying on the efforts of the private seCtor (both non-
profit and for-profit).
. Lack of Homebuyers: With the Minneapolis Area Association of Realtors projecting
in December 2008 that there ate 12.06 homes for sale in the Twin 'Cities for every one
buyer, it is clear that the lack of home buyers will affect the recovery offorec1osed
homes in Brooklyn Park. Wduld:..be buyers are also hesitant to purchase housing in
today's market because they are waiting to see if prices continue to fall, because they
are unable or afraid to obtain financing; or because they perceive that it is a bad time
to enter into homeownership. A successful foreclosure'recovery strategy will need to
include efforts to develop and support local homebuyers.
-- '2f.l".
Brooklyn Park recognizes that the condition of foreclosed homes should dictate the recovery
strategy. Homes in tear down condition need demolition, homes in near tear down condition
need low-cost acquisition and rehabilitation finanCing or gap funding to reduce holding costs
and provide needed capital for professional rehabilitation specialists, aIld homes in. need of
minimal improvements need stable homebuyers with access to low-cost home improvement
funds (Figure 4). Regardless of the condition of foreclosed homes, programs to develop a pool
of home buyers and flexible funds that support homebuyers in acquiring foreclosed homes will
contribute to foreclosure recovery in Brooklyn Park.
Figure 4
Home Condition Dictates Foreclosure Recovery Strategy
Private market Low cos t re hab funds AcquisitionJRehab Demolition and Land
transactions Minimal improvements financing Banking
No rehabilitation needed, needed, Small financial Extensive rehabilitation Homes in extremely poor
Homes ready for home incentive to encourage needed. Financial sup- condition need to be de-
ownership without reha- new homebuyers to in- port to encourage skilled molished, Location will
bilitation assistance, vest in foreclosed prop- rehabilitation specialists determine if a lot is re-
erties, to invest in foreclosed sold or land banked for
properties. future development.
Part 1: Acquisition and Rehabilitation
Public agencies alone cannot undertake enough acquisitions and rehabilitations to make a
meaningful difference in a community without the help of the private market. The City
intends to use a limited amount of public investment to leverage private investment, bringing
the recovery efforts to a scale that can create meaningful change.
1-A: Acquisition I Rehabilitation Financing
The City of Brooklyn Park plans to work with both non-profit and private organizations or
individuals who demonstrate the capacity to acquire and rehabilitate foreclosed and vacant
properties to create new homeownership opportunities in Brooklyn Park.
Should funding be. wovided, th~ City yvolll~ create a pool of ci~Ilars to support private sector
foreclosure rehabilitation. The funds would be available to rehabilitation groups to. finance the
acquisition of properties to reduce holding costs, or to provide development gap.funding for
rehabilitation work. The City would soliCit home rehabilitation proposals from organizations
- 'll-
or individuals. The proposals would provide information about the applicants' experience
with home rehabilitation, avaihible financial resources, proposed number and type of
acquisitions or rehabilitations, and anticipated need for acquisition financing or rehabilitation
gap funding. Staffwouldevaluate.tb,e proposals and structure very. low-interest or zero-
interest, fillancing or gap funding agreements based on the demonstrated need. As rehahilitated
properties move into homeownership; the funds used for acquisition financing could be
. .' ". ",
revolved over time to acquire and rehabilitate more homes.
Because the re,-saie ofthe rehabilitated homes has proven to be a challenge, the City is
exploring with its partners options for modifYing the re-sale approach to support an expanded
pool of potential buyers. For example, one potential rehab partner plans to re-sellhomes using
contracts for deed. Ap,other rehab partner might use a land trustmodel.
1-8: Home Improvement Loans
. , ,
Brooklyn Park also will facilitate the recovery of foreclosed homes by supporting the .
investment in foreclosed homes hy new home buyers through an expanded home improvement
loan program.
1. Home Impro,vement Loans: The City currently operates a low-interest home
rehabilitation loan program for income-eligible homeowners to promote property
.. . .
improvements and maintenance. The EDA has allocated $800,000 to this revolving
loan fund, which is administered by the Center for Environment and Energy (CEE).
"
2. Foreclosure Improvement Loans: Brooklyn Park seeks to expand its lqan program to
provide zero-ipterest deferred loans to homebuyers with incomes up to 120 percent of
area median income who purchased foreclosed homes to rehabilitate and occupy as
owners. The expanded loan program will support homeownership and promote
reinvestment in housing that has been challenged by foreclosure. Because the City
already has a home improvement loan program in place, the foreclosure improvement
loan program could be established and implemented very quickly.
Part 2: Demolition and Land Banking
As Brooklyn Park implements acquisition and rehab programs, a limited number of homes in
need of demolition will be identified. The City is seeking funding to acquire and demolish
these properties for redevelopment After demolition, the City would determine .whether to
resell the lot or land bank it for future development based on its long-term community
development goals. For example, there is a dilapidated vacant foreclosed home in the Village
Creek redevelopment area. The City would like to purchase, demolish, and land bank this
property for future development in accerdante with the guidelines ofthe funding source. The
City would also land bank some lots fer future affordable heusing, perhaps partnering with
Habitat for HumanitY to construct new homes on the lots over next 3 to 7 years. '
-u-
Part 3: Develop a Pool of Prospective Homebuyers
Brooklyn Park is focusing on developing a pool of buyers to purchase vacant, foreclosed, or
rehabilitated homes in the community. This effort includes special attention to promoting
homeownership within emerging markets. With support of the City, the Emerging Market
Housing Initiative (EMHI) is taking the lead on outreach in Brooklyn Park, which includes
efforts to educate real estate agents and lenders on strategies to better serve and market to the
fast growing diverse populations. With low home prices and more and more buyer assistance
programs, the national foreclosure crisis presents an opportunity for new homebuyers of
historic significance.
3-A: Brooklyn Park Homebuyers' Fair: In August 2008, approximately 100 people
attended the first Brooklyn Park Homebuyers' Fair. The event was an open house educational
opportunity for potential homebuyers and those servicing the housing industry, featuring
homeownership in Brooklyn Park including the variety of housing on the market and the
financing tools and loan products available. The fair was designed to facilitate the sale of as
many Brooklyn Park properties as possible, especially foreclosed and vacant homes, by
creating a flurry of excitement and reaching as many potential homebuyers and those
servicing the housing industry as possible about the opportunities throughout the city.
Because of the success ofthehomebuyers' fair, the City is considering hosting similar events
in the near future.
3-B: Continued Outreach and Communication: The City aggressively seeks ways
to promote homeownership opportunities throughout Brooklyn Park in concert with its
'partners. This outreach includes working with lenders and real estate agents to promote the
City's programs and to increase awareness of the great home buying opportunities in
Brooklyn Park. In addition, the website for the City of Brooklyn Park is maintained and
continually updated with the latest information on housing resources including homebuyers'
fairs, foreclosure prevention, and home improvement rehabilitation loans. The City is also
using email messages and local media outlets to promote its foreclosure recovery programs.
, Part 4: Implement Homebuyer Assistance Programs
With tightening credit markets and the economic downturn, Brooklyn Park is focusing
significant resources on the.homebuyers themselves as partners in the foreclosure recovery
process. The City has already ramped up its efforts to provide down payment assistance
programs and fInancing options to homebuyers in the city. The City seeks to add a homebuyer
grant program as an incentive for homebuyers to purchase foreclosed homes.
4-A: Brookiyn Park Homebuyer Initiative: To promote home ownership for first
time homebuyersand address the significant nUmber of foreclosed 'homes citywide, the City
of BrooklYlJ, P~rk_b1'ts,qeat~d <1.hOQ1 e.,o\Yl1~[~bip ,flSs.i~t<IDce_ initjativs:, llsing tbe..Min.I1e.$.Qta.,
Housing Finance Agency's Community Activity-Set Aside (CASA) and HOrvIE HELP
(Homeowner Entry Loan Program) as well as the City of Brooklyn Park's CDBG
--Z~-
(Community Development Block Grant) funds. Elements of the Brooklyn Park Homebuyer
Initiative include:
, '
1. Community Activity-Set Aside (CASA): This program ofthe Minnesota Housing
Finance Agency helps low to moderate income Minnesotans buy their first home. The
low, fixed interest rates are available to eligible home buyers through lenders
participating in initiatives in several communities around the state.
2. HOME HELP and HAF: Minnesota Housing provides the opportunity for eligible
homebuyerswho qualify for a Minnesota Housing loan to receive an: interest-free,
deferred loan to help with down payment and closing costs through the
Homeownership ASSIstance Fund (HAP) and the HarvIE Homeowner Entry Loan ., '
Program' (HOME HELP). 'First time hoinebtiyersini~rested in dmvnpayment and
closing costs assistance should contact a Minnesota Housirig participating lender prior
to signing a purchase agreement. Participating lenders can determine the level of
eligibility .
3. Community Development Block Grant funds: As a tooIto enhance the initiative,
supplemental downpayment and closing cost assistance are available through the
Brooklyn Park EDA in the form offederal Community Development Block Grant
(CDBG) funds. These funds are only available as a supplement to CAS A to
households that do not qualify for Minnesota Housing's HOME HELP program. This
assistance will bring the borrower's housing ratio,as close to 30% as possible.
4. Community Action Partnership of Suburban Hennepin (CAPSH): Working with
its partner, home buyer educator, and counselor, CAPSH, Brooklyn Park has provided
CDBG funding to help underwrite home buyer Home Stretch education classes in the
amount of $3,000 in 2008. All Brooklyn Park Homebuyer Initiative loans will require
the buyer to take a first time homebuyer education class.
4-8: HUD 203(k) Loans to Purchase and Renovate: City staff informs people
who may be interested in buying a fix-up property about new first mortgages in amounts
based on increased~ post-renovation property values that lenders are now offering. Through
these programs, an escrow account for repairs, home improvements and renovations is set up
and can be utilized immediately after closin'g. These loan programs are part of the Department
of Housing and Urban Development's (HUD) 203(k) program that includes Federal Hous'ing
Administration (FHA) insured 203(k) loans and mini-203(k) loans provided through approved
mortgage lenders. Lenders are currently marketing and implementing these home rehab
improvement programs locally.
, ,
4-C: Homebuyer Grant Program: Following the model provided by the Minneapolis
Advantage program, Brooklyn Park seeks to offer a $10,000 zero-percent interest tate loan
that is forgivable over five years to anyone buying a foreclosed home in Brooklyn Park whose
income is below 120% of area median. The program would create an incentive to purchase
foreclosed homes in Brooklyn Park, moving homes directly into homeownership.
-Zy--
Inputs and Outputs
At this time, the City is seeking $3.85 million in Neighborhood Stabilization Program funds
and $600,000 in Minnesota Housing Pilot Program funds to support its foreclosure recovery
efforts (Figure 5 and 6). The City recognizes that the funding sources will dictate some of the
program specifics, such as the income of the individuals or neighborhoods served. Once the
planned programs are up and running, the City will likely have the capacity to utilize
additional funding to address its virtually endless needs related to foreclosed properties.
Figure 5: Foreclosure Recovery Plan I Proposed Inputs I I I
Estimated Outputs
- - -Pregram--,--- -Eligible,Applicants-- Requested-Dallal's.- . .
Acquisition! Rehab Revolving Rehabilitation specialists, $ 1,600,000 $ 30,000 - 40
Gap Financing developers $50,000
Foreclosure Improvement Homeowners who have $ 600,000 $ 20,000 30
Loans purchased foreclosed homes
Demolition and Land Banking N!A - City program $ 1,200,000 $ 120,000 10
Homebuyer Grants Homebuyers purchasing $ 700,000 $ 10,000 70
for~c1osed homes
Adminisration (-10%) $ 410,000
TOTAL $ 4,510,000 150
The additional $4.5 million in investment will stabilize an estimated 150 foreclosed homes in
Brooklyn Park. The City plans to utilize resources strategically to target its most at risk
neighborhoods with available public resources. Because of the high costs offoreclosure
recovery per unit, the City will be relying on market activity to recover a substantial number
offorec1osed homes. Fortunately, recent data from the Minneapolis Area Ass.ociation of
Realtors on foreclosures and short sales (Le. lender-mediated sales) shows in the first three
quarters of2008; 354 ofthe 718 sales (49%) in Brooklyn Park were lender-mediated.
Assuming this market activity continues, over time the market will recover many of the
foreclosed homes in Brooklyn Park.
Together with existing foreclosure recovery programs, the City and its partners would be
investing over $10 million in foreclosure recovery efforts in Brooklyn Park (Figure 7).
BrooklyriP~rkhas already committe,d$805,OOO to foreclosure initiatives, and is planning to
incufdaaditi6nar administrative expenses. This iiivestriien! is in- adaitionto 'the City's
foreclosure initiatives that focus on foreclosure prevention and securing v~cant housing units.
-7-5'...
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As required by HUD's Neighborhood Stabilization Program (NSP), the City of Brooklyn Park
has identified areas in Brooklyn Park of greatest need for foreclosure recovery. Criteria used to
identify and rank the targeted neighborhoods within the high need areas include:
1. BUD's foreclosure and abandonment risk score
HUn developed a risk score based on a number of factors including the number of
foreclosed homes, delinquent loans, and sub-prime mortgages. Neighborhoods with
a risk score ~f 1 qare considered highest need.
2. ConcentratioIl of foreclosed and vacant units'
Areas wjth the highest concentration of vacant and foreclosed units are considered
highest need.
3. Presen.ce of vacant homes that are candidates for demolition
The Code Enforcement team identified homes in the poorest condition in Brooklyn
Park. Some of these homes have been vacant for a number of y~ars and others have
recently become vacant through foreclosure. Homes near redevelopment areas or in
highly visible areas are considered highest priorities for demolition. ' '
4. High number of livability crimes
The City's Neighborhood Action Program targets community policing, code
enforcement, and other services to approximately 40 neighborhoods in the City that
have been identified as having the highest number of livability issues. Livability
issues are defined,as all crimes, except for runaway and criminaJtraffic, plus service
calls for verbal disputes, animal complaints, suspicious circumstances, and noise
disturbances. The data set excludes activity at businesses and apartment complexes.
The NSP funds will be directed to the areas of greatest need following a 3-tier priority ranking
system, with Tier 1 areas receiving highest priority. This strategy will concentrate the investment
in priority areas so that stabilization effects can be realized, but will provide enough flexibility so
that the City can take advantage of opportunities as they arise and can be selective about the
individual projects it facilitates. The NSP dollars will primarily be focused on the recovery of
single-family foreclosed homes; however, some townhome developments are included in the
Tier 3 areas.
--z8 -
@
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: 2008-2009 & 2007-2008 Council Goals Progress Report
DATE: February 24, 2009
INTRODUCTION
At the September 16,2008 Council meeting the Council adopted the 2008-2009 Council Goals.
No priority scoring was done, as it was assumed that staff would work diligently on all the goals.
Also at the September 16, 2008 Council meeting the Council accepted the progress report on the
2007-2008 Council Goals.
Staff would like to provide an updated progress report on the adopted goals.
DISCUSSION
Staff has been working on the goals identified on the attached goals listing. Administration will
continue to provide periodic updates on the progress being made to determine if the Council feels
that acceptable progress is being made.
ACTION REQUESTED
The Council is asked to review and the attached progress reports.
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Attachments
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