HomeMy WebLinkAboutWK June 23, 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, June 23, 2009
Conference Rooms A & B
1. Call to Order - 6:00 p.m.
2. Strategic Planning Session Follow Up
3. Discuss Pool Fence Requirements and Alternatives
4. Discuss Shed Encroachment (14771 Crane Street NW)
5. Discuss Roofing Inspection (1455 - 148th Lane NW)
6. Discuss Resident Storm Water Drainage Issues
7. Update on Implementing Single Family Rental Licensing Program
8. Discuss Kelsey Round Lake Park Mitigation Options
9. Speed Limit Signing in Rural Areas
10. Review Revised Lease Agreement for Athletic Associations
11. 2010-2014 Capital Improvement Plan Development Progress Report
12.2010 Budget Discussion Progress Report
13. Other Discussion
14. 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
FROM: Jim Dickinson, City Administrator
SUBJECT: Strategic Planning Session Follow Up
DATE: June 23, 2009
INTRODUCTION
A 2008-2009 City Council identified goal (approved September 16, 2008) is to consider holding an off-site
strategic planning meeting with the Council and Administrator to prioritize and set the tone for establishing a
longer term vision beyond just setting annual goals/tasks.
That strategic planning session was held on April 25, 2009 at Connexus Energy and was facilitated by Rusty
Fifield from Northland Strategies. Attached is the facilitator's recap ofthat session.
DISCUSSION
The primary summary of the attached report is the suggested elements for a longer term vision suggested by
the discussion at the strategic planning session:
. Andover is recognized as a community of choice through high quality of life and excellence in
governance.
. Andover provides effective services that meet changing community while striving to make services
affordable.
. Andover is a place of well planned and maintained neighborhoods that offer housing for people of all
ages.
. Andover manages growth to protect the natural resources and character of the rural area.
. The effectiveness of city government depends on the ability to attract and retain skilled staff.
ACTION REQUESTED
Receive a brief presentation from Rusty Fifield and staff and participate in a discussion with Rusty to narrow
down establishing a longer term vision for the City beyond just setting annual goals/tasks.
.....
Attachment
NORTHLAND
STRATEGIES
Special Projects Group
MEMORANDUM
To: City of Andover
From: Rusty Fifield
Date: May 6, 2009
Re: Results of Strategic Plannillg Workshop
This memorandum reports the results of the Strategic Plannillg Workshop held on April 25, 2009.
The memorandum complies all of the information reported by the workshop participants. It also
contains some of my observations as the workshop facilitator.
Vision
The workshop solicited input on the elements for a vision for the future of Andover. Each workshop
participant was asked to provide up to ten items that describe the vision for Andover. The complete
listing of reported items can be found in Attachment 1.
This information should be used to create a vision statement. There is no single template for a vision
statement. I suggest that you try not to confuse a vision statement with a mission statement. Mission
statements tend to be brief (several sentences) and relatively generic. Vision statements should not
be constrained by a specific length. The purpose of the vision statement is to list the qualities and
characteristics that describe Andover. The vision statement should be viewed as a tool for guiding
decisions and plans.
Elements of a vision statement suggested by your discussion include:
. Andover is recognized as a community of choice through high quality of life and excellence in
governance.
. Andover provides effective services that meet changing community while striving to make
services affordable.
. Andover is a place of well planned and maintained neighborhoods that offer housing for people
of all ages.
. Andover manages growth to protect the natural resources and character of the rural area.
. The effectiveness of city government depends on the ability to attract and retain skilled staff.
Values
The City has an existing statement of values (see Attachment 2). The Workshop included a brief
discussion of these values. No changes in the existing statement were suggested.
Northland Securities, Inc. 45 South 7th Street, Suite 2000, Minneapolis, MN 55402 Toll Free 1-200-851-2920 Main 612-851-5900
www.northlandsecurities.com
Member FINRA and SIPC
Results of Strategic Planning Workshop
May 6, 2009
Page 2
Challenges
Workshop participant were asked to identify the most important challenges (not more than ten)
facing Andover. The challenges reported by the group are listed in Attachment 3 to be used as a
resource for continued planning. The group discussion of challenges focused on the following:
1. Maintaining a positive image.
2. Maintain the housing stock.
3. Providing quality services with increasing financial constraints. Key services identified - snow
removal, street maintenance, water treatment, trails, parks/recreation, and schools.
4. Preserve lean staffing and promote organizational pride and leadership.
5. Encouraging City Council to be visionary.
6. High use of water resources combined with continued growth.
7. Mandates (federal-state-county-regional) and costs to impl~ment.
8. Intergovernmental relationships - County and adjacent cities.
9. Number of unsupervised youth after school. Who is advocate for addressing issues?
10. Lack of Andover post office.
11. Need to master plan rural reserve area.
12. Expiration of existing TIP districts.
13. Need for uniform and consistent policies. Where is the line? Ability to say "no".
Opportunities
Similarly, participants were asked to identify the key opportunities (not more than ten) for Andover.
The results are listed in Attachment 4 to be used as a resource for continued planning. The group
discussion of opportunities focused on the following:
1. New service delivery approaches - partnerships, consolidation.
2. Work with school district on shared issues.
3. Recession/slow down = opportunity (time) to address issues.
4. Staff planning.
5. Learn from "exit interview" as people move out of Andover.
6. Operate without State funding.
7. Economic asset of expiring TIP districts.
8. Master plan for City Center area.
9. Anticipate/plan for next redevelopment.
Results of Strategic Planning Workshop
May 6, 2009
Page 3
10. Encourage community pride through use of volunteers.
11. Community events with multiple benefits.
12. Improve image with business community.
Goals
For the discussion of goals, participants were divided into three groups. Each group was charged
with identifying most important goals for the City of Andover, in light of the vision, values,
challenges and opportunities discussed at the Workshop. The goals reported by the three groups
are:
1. Community market value preservation plan - build and maintain a community with positive
and growing (commercial and residential) market values.
2. Explore pIs opportunities (public and private).
3. Explore and plan for new styles of development and redevelopment (being aware of changing
economy).
4. Look at new areas for commercia1jbusiness expansion.
5. Evaluate delivery of park and recreation services for community.
6. Better utilize volunteers to enhance community.
7. Maintain current level of service and quality of service.
8. Manage growth to stay within current infrastructure.
9. Identify the next TIP districts.
10. Develop strategy for business outreach.
11. Fiscal planning (5-10 years).
12. Physical planning - redevelopment priorities (Kottkes, Hughes, Crosstown).
13. Maintain existing housing stock.
14. Open space/image/businesses (parks, trails, maintain what's out there, communication).
15. Contractual services (residents expect more from City, succession planning).
The goals recorded during the group discussion were the following:
1. Strategy for business outreach - keeps existing and expands.
2. Financial planning (5-10 year horizon) for City.
3. Maintain current levels of service quality.
4. Explore partnerships.
5. Planning priorities - new growth and redevelopment.
Results of Strategic Planning Workshop
May 6, 2009
Page 4
6. Manage growth to stay within capacity of infrastructure, especially water and roads.
7. Evaluate delivery of park/recreation services (programming).
8. Better use of volunteers.
Results of Strategic Planning Workshop
May 6, 2009
Page 5
Attachment 1 - Elements of Vision Reported by Participants
1. An attractive community with positive & 29. Keep costs low - work with other public
growing market values that is drawing new agencies
residents and businesses 30. Lean, efficient City services
2. Aware of & evaluating trends - housing, 31. Quality basic services at the most cost
parks, employment, services and effective price
transportation 32. Assure lowest tax rate possible
3. Lead dog community 33. Financial stability
4. Provide a good quality of life 34. Plan the City toward the future - keeping in
5. A community that draws new residents for mind budget constraints
its quality of life. 35. Maintain current levels of service with less
6. Do not allow overcrowding of residential 36. Explore new revenue sources for Capital
units (density) Equipment needs
7. Keep the mix of rural & suburban living 37. Maintain physical image of city
8. Insure integrity of housing stock 38. Improve roadway landscapes throughout
9. Build quality neighborhoods the city
10. Preserve variety of life rural/urban 39. City's image in the press
11. Guide retail services in appropriate 40. Quality city image in view and in service
locations 41. Maintain very positive image of park system
12. Expand commercial growth 42. A community that has attractive areas of
13. A community with a strong & growing commercial development that provide high-
business community that takes pride in their paying jobs
community & views their city as a partner 43. Effective transportation
14. Preserve open spaces 44. Improve transportation
15. Maintain open space 45. Improve communications with Sheriffs
16. Increase and preserve natural features in office to address quality of life issues
city 46. Feeling of safety
17. A community that values & protects the 47. Openness in government
environment and is aware of & respectful of 48. Continue to provide good customer service
its history 49. Community involvement
18. Upgrade & expand trail system 50. Open government
19. Clean, neat City parks 51. Maintain openness with residents and
20. Recreation programs motivate people to interact with city officials
21. Community events 52. A community that is conscious of &
22. Senior programs responsive to its' residents concerns
23. Health & fitness 53. Government that is open to residents with
24. Provide facilities & opportunities for the respectful communication
young 54. Partnerships
25. After school programs 55. Building relationships
26. Keep tax rates low 56. Pursue energy efficiencies for City facilities
27. Maintain current levels of fiscal 57. On-going oversight of services
responsibility 58. Provide a service that is uniform and
28. Funding sources for additional staffing - consistent for all
maintain current service levels 59. Proactive vs. reactive
Results of Strategic Planning Workshop
May 6, 2009
Page 6
60. Keep up with new technology to enhance 62. Family first
customer service 63. Continue to maintain infrastructure
61. Creative at problem solving
Results of Strategic Planning Workshop
May 6, 2009
Page 7
Attachment 2- Existing Values
1. Excellence and Quality in the Delivery of Services. The City of Andover believes that services to
the public is our reason for being, and strive to deliver quality services in a professional and cost-
effective manner.
2. Fiscal Responsibility. The City of Andover believes that fiscal responsibility and prudent
stewardship of public funds is essential if citizens are to have confidence in government.
3. Ethics and Integrity. The City of Andover believes that ethics and integrity are the foundation
blocks of public trust and confidence and that all relationships are built on these values.
4. Treating the Citizen as our Customer. The City of Andover believes that the citizen is our
customer and, as such, should be treated with courtesy, respect, and integrity.
5. Open and Honest Communication. The City of Andover believes that open and honest
communication with each other and the public we serve is the key to having an effective
organization and informed citizens.
Results of Strategic Planning Workshop
May 6, 2009
Page 8
Attachment 3 - Challenges Reported by Participants
1. Hughes Industrial Park 35. Younger demographics
2. Commercial 36. Large teen population
3. Recruiting quality businesses 37. Community getting older
4. Support businesses 38. Definitive "NO" not apparent
5. Crosstown Redevelopment Area 39. Provide a service that is uniform and
6. Attracting & keeping business in the City consistent for all
7. Rental 40. "Bottom Line" only thinking vs. value-
8. Lots/Townhome Associations oriented thinking
9. Growth 41. Staff is small in number
10. Decline in housing starts 42. Maintaining positive community image
11. Finding a new normal for City not 43. Listening
dependent on growth 44. Sensitive to public needs
12. Master planning of Rural Reserve 45. Community Obstructionists "Those by
13. Rural Reserve Development choice & those by impact"
14. Lack of growth - tax base 46. Met Council
15. Keeping up with quality vs. $ 47. Coordinating with County & schools
16. Lack of revenue sources State/Local 48. Fed/State/County government regulations
17. State budget crisis after crisis, ... 49. Not being bureaucratic
18. Holding the line on property taxes 50. Working with inflexible County Engineer on
19. Recession road issues impacting our City
20. Limited Market ValuelRevenue options 51. Get a post office
21. Maintaining property values 52. Demands for more parks & trails
22. Fiscal responsibility 53. Parks budget is 1st on budget cuts
23. Economy 54. Providing park services in bad economy
24. Finding resources for park & trail 55. Traffic concerns as growth continues
development 56. Transportation needs - Light Rail
25. Government efficiency 57. Declining infrastructure without
26. Provide services within budget constraints replacement reserves
27. Provide needed services in a bad economy 58. Effects of local/surrounding cities
28. Residents wanting more 59. Property crime rise
29. Less dollars for equipment & infrastructure 60. Failure of Bruggeman project
30. Can & will we be able to keep existing 61. Impact and use of water supply resources
staffing levels? 62. Socialism
31. Cut budgets 63. Competition
32. Implications with demise of TIF Districts 64. Is the City ready for all types of emergency
33. Foreclosures events?
34. Diversity changes in community 65. Maintain good communication with Public
Results of Strategic Planning Workshop
May 6, 2009
Page 9
Attachment 4 - Opportunities Reported by Participants
1. Redevelop Industrial Park 31. Active community - involved
2. Four-plex Redevelopment 32. Community involvement
3. Redevelop Kottke Area 33. Residents who want to volunteer & serve,
4. Kottke's Bus Redevelopment many skills & diverse backgrounds
5. Redevelopment West of City Hall 34. Transportation needs - bus to light rail
6. Clocktower Commons Commercial Area stations
7. New business 35. Transportation
8. Attract businesses from other cities that 36. Rail transit opportunities
need sewer & water commercial space 37. Work with County on traffic issues
9. Expand commercial tax base 38. Community image
10. Rezone now for future retail needs 39. Summer Concerts
11. Joint efforts with other cities 40. Farmers Market
12. Consolidation with another city 41. BYRNE JAG
13. Joint staff/purchasing with other cities 42. Buffalo Wild Wings
14. Collaboration with Athletic Assoc. on park 43. Time to fine tune projects
expansions & upkeep 44. Alternate fuel & energy sources
15. Partnerships with other cities and 45. Technology
government agencies to advocate mutual 46. Recession spurs recovery! Chase an
interests, solve problems, inform industry for Andover!
16. Coordinate with school district on energy 47. Recession "Time to address those
issues outstanding issues"
17. Can Andover provide contracted services to 48. Life cycle
other cities? 49. Popular well-read City newsletter
18. Contract services, positive or negative? 50. Home show expansion
19. Long:term knowledgeable council dedicated 51. Legislative impact at the State level
to improving & serving the community 52. Irrigation of parks
20. Great management team now - take 53. Time to plan & review what we've done-
advantage of it! how to improve
21. Young, well-educated, tech-savvy staff that 54. Expand trail facilities
is creative & can help leaders use hindsight 55. Make website better
& oversight to build better developments, 56. Well-run successful Community Center
protect wetlands & waterways, and
anticipate trends.
22. Efficiency of Operations
23. Restructure staff - maximize cross training
24. Stream-line
25. Taking advantage of current structure
26. Police/Fire fulltime
27. Expand Fire Dept (medical)
28. Continue to grow programs & facilities
29. Public Works expansion
30. Students' community service hours, service
groups - could produce projects that have
lasting impacts
@
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and Councilmembers
CC: Jim Dickinson, City Administrator
FROM: Will Neumeister, Director of Community Development ~
SUBJECT: Discuss Pool Fence Requirements and Alternatives
DATE: June 23, 2009
INTRODUCTION
This has been discussed on two previous occasions, on August 6, 2008 and again on September 23,
2008. This was as a result of a resident's request for a pool cover to be allowed in lieu of the
fencing as required by City Code. Please find attached the previous reports and the minutes of
those meetings. At the last discussion staff provided research on what other cities have for
regulations related to pool covers in lieu of fencing. What we found was that very few cities allow
pool covers in lieu of fencing (see attachment). The applicant indicated he would provide
additional information on alarm systems and bring it back for Council consideration. That
information has now been provided by Mr. Kjelstad and is attached for your review.
DISCUSSION
Mr. Kjelstad will be present to explain his latest ideas of how he will provide pool protection in lieu
of fencing. Please allow him time to present the information he has gathered and explain his
position and opinions.
ACTION REQUESTED
The Council is asked to review the attached information and reach a final decision whether there is
support to change the code to allow pool covers in lieu of fencing them or other alternative
protection systems.
Respectfully submid.-
Will Neumeister
Attachments
Previous Staff Reports
Listing of Other Cities Requirements
Alarm System Information
Council Minutes (August 6, 2008 & September 23, 2008)
Cc: Torrey Kjelstad, 17241 Partridge Street NW, Andover, MN 55304
Listing of Other Cities Requirements
Independence: 415.11. Safety fence required. A safety fence at least four feet high shall completely
enclose the pool. Safety fences shall be constructed so as to inhibit the entry or climbing thereof by any
person. All openings or points of entry into the pool area shall be equipped with gates or doors. All
gates and doors shall have a latch which is no less than four feet above the ground level and which
shall be so constructed and so placed as to be inaccessible to small children. All gates and doors shall
be locked when the pool is not in use or is unattended by an adult with demonstrated swimming ability.
Any opening between the bottom of the fence and the ground level shall not exceed three inches. The
wall of any pool constructed above ground level, regardless of the height thereof, shall not qualify as a
safety fence. (Amended, Ord. 2002-01, Sec. 1; Ord. 2004-10, Sec. 1)
Hassan Township: A structure or safety fence of a non-climbable type at least four (4) feet in
height shall completely enclose the pool, but shall not be located within any required yard areas.
As an alternative to a safety fence, an automatic pool cover may be utilized if it meets the
standards ofF1346-91 (Reapproved 1996) of American Society of Testing and Materials (ASTM),
as such standards may be modified, superseded or replaced by ASTM.
Orono: Could not find specific reference to pools in their ordinance. Their fence handout says:
The City of Orono does not require fences around swimming pools; however, property owners are
advised to check with their insurance company.
Coon Rapids: Requires a fence, with specifications similar to Andover. Requires alarmed doors or
a cover IN ADDITION to a wall/fence in the case when a structure is used as part of the barrier.
No provision for just a cover.
Blaine: Requires fence with specifications similar to Andover. No provision for covers.
Anoka: Requires fence with specifications similar to Andover. No provision for covers.
Ramsey: Requires fence with specifications similar to Andover. No provision for covers.
Brooklyn Park: Requires fence with specifications similar to Andover. No provision for covers.
Brooklyn Center: Requires fence with specifications similar to Andover. No provision for covers.
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C I T Y o F @
0 NDOVE
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.C. NDOVER.MN.US
TO: Mayor and Councilmembers
CC: Jim Dickinso~ City Administrator
FROM: Will Neumeister, Director of Community Development ~
SUBJECT: Discuss Pool Fencing Requirements -- Planning
DATE: August 6, 2008
INTRODUCTION
Staff received this written request to discuss the issue once again, as you will recall the
same issue was discussed on November 8, 2006 and the decIsion of the Council was to
0 deny the request (to only have a pool cover rather than a fence). See attachments to
refresh your memory.
DISCUSSION
lIDs case is very similar and staffhas explained that they are required to fence the pool
.and the plans were stamped that way by the Building Department. The owner indicates
that his neighbors are supportive of his request to use the pool cover to secure the pool
and they have signed his letter to show their support.
ACTION REQUESTED
The Council is asked to review the letter from Torrey Kjelstcid (17241 Partridge St.) and
discuss the pool fencing requlrements and provide staff direction whether any changes
are warranted to the City code requiring fences around pools.
Respectfully submitted,
e.v.t.l--
Will Neumeister
Attachments
Letter from Torrey Kjelstad
0 Photos ofMr~ Kjelstad's Pool
Copy of Current Pool Fence Requirements
Previous Record of Denial of Similar Reqllest
t.o.
0 06/11108
~ Torrey, Shanon and Bjorn Iqelstad
17241 Partridge 81. Nw
Andover, Mn.
55304
My name is Torrey Iqelstad and I work at Hanson Builders. My wife's name is
Shanon and she is a Nurse Anesthetist at Mercy and Unity Hospitals. Our son's name is
Bjorn and he will he an eighth grader at Oak View Middle School. We have been
Andover r~sidence for fifteen years. We currently live on 2.67 acres in an.older acreage
development
We recently had Valley Pool and Spa install a 20'x 44' in ground pool with an auto
cover. The auto cover is controlled bv a security code Dad. There are two primary reasons
why we had installed an auto cover... The first reason was to keep children and critters
out of the pool and the second reason was that it would help keep debris out and the heat.
from 1lIe pool healer in. it is exPeos;ve to heat 28000 gallons of_. With that being
said, the only time the pool cover is ever open is when we are using the pool.
We understand thatfor a short time, Andover allowed' pool owners that had auto
covers installed not have to install a fence. We are asking the members oithe Andover
board to reconsider the pool fence' code on acreage lots.. ..
0 -. .. .'... ... ... .... . . . - L.
~elow is a list of neighbors with address's that approve of~'~ot havin,g to install a
pool fence.
Name's AdsJress's
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....
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0
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA.55304 . (783) 755-51.00
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US .
SWIMMING 'POOLS
A Building Permit is required before work is commenced on the construction of a swimming
pool or spa or before' any alteration, addition, 'remodeling, repair, or other improvement is made.
Application shall be made in wrfting to th~ Building Official and shan include two (2) sets of
. . . .
plans and specifications ~d. pertinent explanatory . data for approval. relative todes~
. operation, and mahit~nance insofar'as health and safety fea~es ~e concemed~
"
The pla.IiS will show the general layout of the entire' building lot .on which tht? pool. or spa is to
~ located, length,.depth, ~d'width of the pool or-spa, deck, and appUrtenances, distances' of the .
001 or spa from the lot lines,' 'water ,supply systems, ~~~ sewers' and 'sewage dispo~~.t"
systems, utilities (electric, gaS,. telephone~ etc.), or other .sources of contamination. within ~fty
(50') feet of the pool or spa. and shall be dtawn-to scale of not small~rthan one-foUrth'(l/4"=l')
. inch equals one (1 ') foot' .'
CONSTRUCTION:
. 1. P~ols and spas shall not be located beneath utility lines nor over underground utility lines
. .ofany type. . . .' .
2. No person shall build, situate or install a Pool or spa within ten (10') feet of any side or
rear lot line; nor within six (6') feet of ariy principal s~cttire, nor closer to the front lot
line than the principal structur~, except as hereinafter provided.. . .
a. On residenti~ parcels with a lot area of one (1 it) acre or more, a sWimming pool
or spa may.be constructed closer. to the frontJot line than the principal structure;
however, the' minimUli1 distance it may be from th~ front lot line. $hall be two
hundred (200') feet;
o 3.' While be~g constructed, ~e ~ool or ~pa ar:a ~~ be fenced with 'a portable. fenCe such
as snow fence, of not less than four (4') feet ~ heIght.
4. No pool. or spa shall be located within tw~nty.(20') feet of any part :ofan'on asiie'sewer
system.
O. CITY OF ANDOVER
COVNI:Y OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 228
An Ordinance .repealing Ordinance No. 46 adopted July 17, 1970; Ordinance No. 44A
adopted August 16,1983 and.Ordinance No. .44B adopted December ~ 7, 1985. .
AN ORDINANCE REGULATING THE LOCATION AND SECURITY OF OUTDOOR
RESIDENTIAL SWIMMING POOLS, SPAS AND HOT lUBS IN THE CITY OF
ANDOVER.
The City.Co~cil of the City of Andover hereby ordains as follows:
. . ~ .
Section i Purpose.
The purpose of this 'ordinance i$ to regul8.te the location of outdoor swimming pools, spas
and hot tubs on residential zoned property and require fencing or barriers to protect the
health, safety and generat welfare of the public.
Section 2. Definitions.
'0 For the purpose of this ordinance, certain terms, words and phrases are defined as .
. follows:
. Ahove-G"ro'und/On-Groimd Pool- ~ee definition. of "swimmiryg pool".
Barrier - is a fence, wall, building wan, or a combination thereof,. which completely
surrounds the swimming pool and obstructs access to the swimming pOol.
Hot Tub - see definition of "swimming poor'.
:. . . Ih-~rC!und Pool ~ se.e def4lltion o.f"~~mmirig p~ol".
, .. Spa - see definition of "swi":lming pool'~.
,.
SwimniinI! Pool- is any structure intended for swimming or recreational b~g (non-
commercial use) that contains water over twenty-four (2:4) inches deep. This includes in-
ground; above-ground and on-ground sw4mning pools; hot tubs; ~ortable and non-
portable spas; and fixed-in-place wading pools.
SwimminI! Pool. Indoor - is a swimming pool which is totally contained within a
0 residential Structure and surrounded on all four (4) sides by walis of said..structure.
.'
0 .
.
.
Barriers for Swimming- Pools, Spas and Hot Tubs
~ The figures below illustrate various requirements in the proposed code change on barriers
I for swimming pools, spas and hot tubs (Item 113 in the 7990 Annual Report of the Code
.
Development Committees).
r 13/4" Ii'
,1'4"
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SECTION 1243 (a), IT~M 4: IF HORIZONTAL - SECTION 1243
(a),ITEM 5: IF.HORIZONTAL
MEMBERS ARE LESS THAN 45 INCHES APART, MEMBERS ARE EQUAL TO OR MORE THAN
45
VERTICAL S~ACING SHALL NOT EXCEED-13/4 INCHES APART, VERTICAL SPACING SHALL
NOT
INCHES.
. EXCEED 4 INCHES.
. .
, SECTION 1243 (a), ITEM 6:
11/4-INCH SQUARE .
, CHAIN UNK MESH.
,..... Release mechanism
Opening
c; r ~.
'/2" max.
r
18" min. . / S;min.
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10 10
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L ___1 Gate co
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- THE RELEASE MECHANISM SHALL BE LOCATED AT THE RELEASE MECHANISM SHALL BE LOCATED
54 INCHES OR HIGHEFi FROM THE 80nOM OF THE . LESS THAN 54 INCHES FROM THE BOTtOM -G.F THE.
GATE.
~^~~
CITY OF ANDOVER
0 COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. R134-06
A RESOLUTION DENYING THE VARIANCE REQUEST FOR DANIEL MUS TO
VARY FROM CITY CODE SECTION 9-4-5-A ON PROPERTY LOCATED AT 16659
. EL DORADO STREET NW (07-32-24-44-0021) AND LEGALLY DESCRIBED AS:
That part of the southeast 1/4 of the southeast 1/4 of Section 7, Township 32, Range 24
described as follows: commencing at the southeast comer of said 1/4 1/4, then west along
the south line thereof 825 feet, then north 792 feet to the point of beginning; then east 495
feet, then south 92 feet, then east 319.35 feetmore or less to the east line of said 1/4 114,
then northerly along said east line 604.84 feet more or less to the northeast comer of said
1/4 1I4;then westerly along the north line of said 1/4 1/4 805.04 feet more of less to an
intersection with a line bearing north from the point of beginning, then south 514. i 0 feet
more or less to the point of beginning, subject to easements of record.
WHEREAS, Daniel Mus has requested a variance for the subject property from City
Code section 9-4-5-A pertaining to fencing requirements for outdoor swimming pools,
and;
0 WHEREAS, the Planning and Zoning Commission finds by a majority vote that the
findings provided by the applicant do. not constitute a hardship, and;
. .
WHEREAS, the Planning and Zoning Commission recommends to the City Council
denial of the variance as requested, and; .
WHEREAS, the City Council finds that the variance would be detrimental to the health,
safety or welfare of surrounding properties, and;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover
hereby agrees with the recommendation of the Planning and Zoning Commission and
denies the variance on said property based on the fact that findings could not be made to
justify the granting of the variance and no hardship exists.
Adopted by the City Council of the City of Andover on this 8th. day of November 2006.
CITY OF ANDOVER
ATTEST:
tldi '/ .
0 ..~{)!.~
Victoria V olk, City Clerk
0 Regular Andover City Council Meeting
Minutes - November 8, 2006
Page 7
CONSIDER VARJANCE/POOL FENCE REQUIREMENTS/16659 ELDORADO STREET NW
Community Development Director Neumeister explained the applicant is requesting a variance to
City Code section 9-4-5-A. The provision in the City Code that requires fencing around pools js
intended to protect children and others from gaining access to a swimming pool, either intentionally
or unintentionally. It also serves to protect the owner of the pool from possible legal repercussions in
the case of an accident.
Councilmember Orttel asked if a fence around a pool is a building code ordinance. Mr. Neumeister
thought it is. Councilmember Orttel did not think they could vary from that so he wondered why
they were even reviewing this.
Councilmember Trude wondered if this wouldn't take an ordinance change and if their ordinances
for building code need to follow State Law they would be not be permissible.
City Attorney Hawkins stated in the staff report it talks about "State Statute provides review criteria
to determine the merit of a variance." He wondered if there is some provision in State Law that
0 authorized them to vary from this. Mr. Neumeister stated they have indicated this is a variance to the
City Code Section 9-4-5a so they must have their own pool fence requirements but he believed there
is also a State Statute 'on it.
Councilmember Trude stated the reason they have the fence ordinance is to protect the children in
the neighborhood from the danger. This is a health, safety type of ordinance that the City has.
Councilmember Jacobson stated when the building permit was pulled there was a provision in the
permit that said they had to have a fence. It has been a year and the fence is still not up and that was
a requirement of the building permit. Whether the pool company pulled the permit rather than the
owner, the pool company should have let the owner know a fence was a requirement. Even the
building inspector would have told the owner that it was a requirement.
Mr. Mus stated the pool covers are very safe. Councilmember Orttelwondered if they were so safe,
why the State would not have approved the covers instead of a fence, which they have not done. Mr.
Mus stated there are several cities in Minnesota that have approved the covers without a fence.
Councilmember Jacobson indicated he has had three pools and before he got his fence up, a
neighbor's dog jumped in his pool and drowned. He did not think Mr. Mus would want something
like that to happen.
0 Mr. Mus stated another reason for a cover like this is there are a lot of trees and this cuts down on
cleaning and maintenance because the cover locks all the debris out." He stated even with a fence, if
he would have people over, a small child could fall in a pool mid drown in two or three minutes. If
they go in the house, it takes forty seconds for the cover -to go over the pool. He stated this is the
safest pool cover you could ever have. With the other pools they have had with a fence, they have
come home late at night to neighbor kids swimming in their pool.
0 Regular Andover City Council Meeting
Minutes - November 8, 2006
Page 8
Councilmember Trude stated even though Mr. Mus may be good about putting the pool cover on
when they are not around, others may not be good about it and if they allow this one, they have to
allow others. She thought they need to stay with the fence ordinance because other cities have that
ordinance also and they feel they are protecting the children and animals in the community.
Mayor Gamache asked if they have taken a look at the wall as to how tall it is and if this could be
included as part of the fence. He thought the fence needed to be four feet. tall. Councilmember
Trude stilted the wall is only on one side of the pool.
. .
Mayor Gamache asked if the wall would take care of part of the fence that would be needed to go
around the perimeter of the pool. Councilmember Jacobson stated the ordinance requires a four-foot
fence.
Councilmember Orttel explained the type offence Mr. Mus would probably need around his pool.
Councilmember Knight stated this is the first time he has seen a cover like this but at the time he was .
0 at Mr. Mus' house he indicated the liability factor he would have would not go away and that is
always a concern the City has. Mr. Mus stated that is his responsibility and not the city's.
Councilmember Knight asked City Attorney Hawkins if the City would have any liability on
something like this or would it all be the liability of the homeowner. City Attorney Hawkins stated
they just enforce the building code and adopt regulations, which do not impose liability on the City if
they miss something; it is just the matter of protecting the public.
Motion by Jacobson, Seconded by Trude, to deny the proposed variance.
Mayor Gamache asked what the difference is between the State Statute and the City Ordinance. If
they were to change their ordinance to include the covers, does the ~tate have a statute regarding
pools? City Attorney Hawkins stated this is something they will need to check with the building
official on and they would get the Council a report regarding this.
Councilmember Orttel stated as long as they are contacting the State, check to see if they have
considered allowing these covers in lieu of a fence. Councilmember Trude thought their building
department has said a cover does not work if a person does not close it the moment they get out of
the pool.
Councilmember Ortte1 thought the stone block would count as part of the fence. Mayor Gamache
0 stated in the drawing for the permit it looks like Atlantis Pool had hash marks for a fence going from
the back comer of the garage going south toward the neighbor and then back and around. He
wondered if the building department could look at how much of the wall could be considered a
fence.
Councilmember Knight stated they have an ordinance that cannot be changed. Mayor Gamache
0 Regular Andover City Council Meeting
Minutes - November 8, 2006
Page 9
thought because winter is coming upon them, they would not need the fence to be put up until the
pool is opened again in the spring.
Mr. Neumeister stated the handout they have at the front counter regarding pools does not r~ference
State Statute. There is one section that quotes Ordinance 228 of City Code but he believed that was
an old section of the code. This references the fencing requirements but without the statute book he
cannot verify that. He wondered if the Council would want to table this item to the next meeting.
They could look to see if there is a State Statute. Councilmember OrUel thought they would want a
fence ~ither way.
City Attorney Hawkins was not sure if the State Building Code deals. with fences. It deals with
buildings and may deal with the construction of a pool but he did not know if there was. anything in
there regarding fences and that may be why cities have gone beyond and adopted ordinances that
don't have to do with the 'construction but have to do with the safety requirements.
Motion carried unanimously. (RES. R134-06)
-0 CONSIDER V ARIANCEIDRIVEWAY SETBACK/13421 ROUND LAKE BOULEVARD Nw
Community Development Director Neumeister stated the applicant is the Anoka County Community
Action Program (ACCAP). They seek a variance to allow a driveway access across another pro
to provide access to the subject property. The driveway would provide access to a new h e.
Mr. Neumeister stated there are four questions that were raised in the past week h
in the record.
1. Why doesn't the report have a condition that combines the 10 e answer is as stated in the
report. The applicant would combine the lots and there' need to condition it to happen.
The building department would not allow a buildin nnit unless they provide proof they
have combined the two lots. lfthe Council w add that as a condition that is acceptable
but is not necessarily needed.
2. Should there be a requirem.ent of scree . around Round Lake Boulevard. There is a fence
along Round Lake Boulevard ovides some level of screening. The requirement to
provide screening should be . ctly related to the variance request and since that would be
on the. opposite comer 0 e lot, he did not see a need to screen Round Lake Boulevard
anymore than it curr is as it does not have an impact on the home that is going to bear
the burden of ha . g the driveway across the lot.
0 3. The propos ouse does not face Round Lake Boulevard. Does that require a variance to
City Co . No, in checking the City Code there is nothing in the current code that requires
the e to face the street. The lot fronts on a public street; however the County is
ohibiting the access there.
Can variances be conditioned. According to the City Attorney, there is a State Statute
section that allows variances to be conditioned but it must be conditions in the granting of the
@
0
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and Councilmembers
CC: Jim Dickinson, City Administrator
FROM: Will Neumeister, Director of Community Development ~
SUBJECT: Discuss Pool Covers and Fencing
DATE: September 23, 2008
INTRODUCTION
This was first discussed on August 6, 2008 as a result of a resident's request for a pool cover
to be allowed rather than fencing. At the following meeting on August 19th , the Council
directed staff to provide research on what other cities have for regulations related to pool
0 covers in lieu of fencing. What we have found is that very few Cities allow pool covers in
lieu offencing (see attachment).
ACTION REOUESTED
The Council is asked to review the attached information and determine whether there is
support to change the code to allow pool covers in lieu of fencing them.
Respectfully submitte~
WillNeume~
Attachments
Copy of Current Andover Pool Fence Requirements
Listing of Other Cities Requirements
Copies of Minnetristaand Medina Codes (allowing pool covers).
Cc: Torrey Kjelstad, 17241 Partridge Street NW, Andover, MN 55304
0
t"!:eOilt:E~-~~~':~:~~~'~_--__~:'=
0
CHAPTER 4
SWIMMING POOLS, SPAS AND HOT TUBS
SECTION:
9-4-1 : Purpose
9-4-2: Definitions
9-4-3: Permit And Compliance Required
9-4-4: Construction Standards
9-4-5: . Fence Requirements
9-4-6: Violation A Misdemeanor
9-4-1: PURPOSE: The purpose of this chapter is to regulate the location
of outdoor swimming pools, spas and hot tubs on residentially zoned property
and require fencing or barriers to protect the health, safety and general welfare of
the public. (Amended Ord. 228,7-1-1997)
9-4-2: DEFINITIONS: For the purpose of this chapter, certain terms,
0 words and phrases are defined as follows:
ABOVEGROUNDI
ONGROUND POOL: See definition of Swimming Pool.
BARRIER: A fence, wall, building wall, or a combination
thereof, which completely surrounds the swimming
pool and obstructs access to the swimming pool.
HOT TUB: See definition of Swimming Pool.
INGROUND POOL: See definition of Swimming Pool.
SPA: See definition of Swimming Pool.
SWIMMING POOL: Any structure intended for swimming or
recreational bathing (noncommercial use) that
contains water over twenty-four inches (24")
deep. This includes in-ground. aboveground and
on-ground swimming pools; hot tubs; portable
and non-portable spas; and fixed in place wading .
pools.
0",
~
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0 SWIMMING POOL,
INDOOR: A swimming pool that is totally contained within a
residential structure and surrounded on all four (4)
sides by walls of said structure.
SWIMMING POOL,
OUTDOOR: Any swimming pool that is not an indoor pool.
(Amended Ord. 228, 7-1-1997)
9-4-3: PERMIT AND COMPLIANCE REQUIRED: No person shall
. construct, alter or renovate a swimming pool without an approved building permit.
Permits are required for swimming pools that exceed two hundred (200) square
feet in area. All swimming pools that require a pennit shall comply with the
fencing requirements as stated in Section 9-4-5 of this chapter. (Amended Ord.
228, 7-1-1997)
94-4: CONSTRUCTION STANDARDS: All swimming pools are required
. to meet the following construction standards in addition to all State Building Code
requirements: (Amended Ord. 228, 7-1-1997; amd. 2003 Code)
A. Location:
0 1. SWimming pools shall not be located beneath utility lines nor over
underground utility lines of any type. n
2. No person, firm or corporation shall build, situate or install a swimming
pool within ten feet (101 of any side or rear lot line, nor within six f~t (61
of any principai structure, nor closer to the ~nt lot line than the principal'
structure, exCept as herein proVided. On residential parcels of land of on
acre or more, a swimming pool may be constructed closer to the front lot
line than the principal structure, however, the minimum distance it may be
from the front line shall be two hundred feet (2001.
3. No swimming pool shall be located within twenty feet (201 of any part of
an on-site sewer system or area designated as an alternate drain field.
B. Fence Required During Construction: While being constructed, the
swimming pool must be fenced with a portable fence not less than four
feet (41 in height. (Amended Ord. 228, 7-1-1997)
9-4-5: FENCE REQUIREMENTS:
A Outdoor SWimming Pools:
0 j' 1. All outdoor swimming pOols constructed shall b completely nclosed ~
by a fenCe or wall of th non-climbing type, so a~ not to 'b .penetrable by ,
-$-
_~.l1fY~~~:.(JO'~~..__
0 toddlers, afford no external hand holds or footholds, and be a minimum of
four feet (4') in height; except that aboveground pools with a side wall
height of at least four feet (4') need not be fenced but shall have
removable steps.
2. All outdoor fence openings or outdoor points of entry into the swimming
pool area shall be equipped with self-closing and self-latching devices.
The opening between the bottom of the fence and the ground or other
surface shall not.be more than three inches (3").
B. Outdoor Spas And Hot Tubs: All outdoor spas and hot tubs shall either
have a fence as described in this. section or a latchable cover. The cover
should be consbucted of a material not to be penetrable by toddlef$ and is
subject to inspection by the Building Official or designee. (Amended Ord.
228, 7-1-1997)
9-4-6: VIOLATION A MISDEMEANOR: Any person, firm or corporation
violating any provision 'of this chapter shall be guilty of a misdemeanor as defined
by state law. (Amended Ord. 228, Z-1-1997)
0
0
-
~~-
Listing of Other Cities Requirements
0 Independ nee: 415.11. Safety fence required. A safety fence at least four feet high shall completely
enclose the pool. Safety fences shall be constructed so as to inhibit the entry or climbing thereof by any
person. All openings or points of entry into the pool area shall be equipped with gates or doors. All
gates and doors shall have a latch which is no less than four feet above the ground level and which
shall be so constructed and so placed as to.be inaccessible to small children. All gates and doors shall
be locked when the pool is not in use or is unattended by an adult with demonstrated swimming ability.
Any opening between the bottom of the fence and the ground level shall not exceed three inches. The
wall of any pool constructed above ground level, regardless of the height thereof, shall not qualify as a
safety fence. (Amended, Ord. 2002-01, Sec. 1; Ord. 2004-10, Sec. I)
Hassan Township: A structure or safety fence of a non-climbable type at least four (4) feet in
height shall completely enclose the pool, but shall not be located within any required yard areas.
As an alternative to. a safety fence, an automatic pool cover may be utilized if it meets the .
standard$ ofF13.4(i;.9J (Reapproved 1996) of American Society of Testing and Materials (ASTM),
. .' .
as such standards may be modifie~ superseded or replaced by ASTM.
Orono: Could not find specific reference to pools in their ordinance. Their fence handout says:
The City of Orono does not require fences around swimming pools; however, property owners are
advised to check with their insuranCe company.
Coon Rapids: Requires a fence with specifications similar to Andover. Requires alarmed doors or
0 a cover IN ADDITION to a wall/fence in the case when a structure is used as part of the barrier.
No provision for just a cover.
Blaine: Requires fence with specifications similar to Andover. No provision for covers.
Anoka: Requires fence with specifications similar to Andover. . No provision for covers.
Ramsey: Requires fence with specifications similar to Andover. No provision for covers.
Brooklyn Park: Requires fence with specifications similar to Andover. No provision for covers.
Brooklyn Center: Requires fence with specifications similar to Andover. No provision for covers.
0
-s--
~..
f;ITY OF MINNETRISTA ,41J1':l' '1;' ' '(p
7701 County Road 110W Minnetrista, MN 55364 (1,~,...'", :"'"'", ,', "",',', .. J
(952)446-1660 ~ ' "~-V
o SWIMMING POOL Hil.NDOUT ',' '~f'R~';:'~ '
GENERAL IN.FOFiMATlON'
<> AbuildIng, pel1Tlir!l?r~uifed :for BI1Y in.grqun,jsWimming pool and any above ground swimming; pool thatis
gre;iiUertpan, 24" Ihhefght'and has a maximum capacity of more thanSiOOO'gaUoris.
<> P091~igbnsrnea$utEldfr'()m grade.
<> All pools are consideted to'oo al!st(ucture~and shall meet setbackrequi(~t-rie!itS:fQr,,~appligable.zonjrtgqti;trlOti,
<> The hardcover patios sutroundin'g fi1 groUM swimming pools is not considered too be parrOnhe$titl(}tt.ir~anf.:lare;
allowedwithin'setbacks " ,""~-...,.. __ -~ - - Io-v,,~
) <> City Code requires ji;ithera :~thi9h,.fenCeWithS~Jf"~o.S,ln9ise~-I~tching9a, tes,',oran autornati,c poOl coVer that k--
-meets ASTM standards for air In grOund pools m residence dlstncts. eXGeptf9f"Pan~A,lf~t::iCtingto <;:,on$~uct ~
fence, it rnu$tbeshownon tf'leneW/updatetf~lJrv~y; Ifopling for anautOny.il~cpOc;jl C<Wet'.,prpof9f:purclTaseand
dOCUmentation ofcomplitince w!th ASrM st~dar(!$anf;l must be submitted wlthfhe buDding permitapplicettioi'l.
. . . .
o Separate, lSlecJtiQaI, M~rnmICalflnd' Ph,lmbing p~mljt$are required.
REQl)IR!O:IN$..pl!Q,:tION$:FORAaO"EGRo.ti~P$.wIMMING POOLS::
~Firial
REQUI~EbIN$PEC'rION$ FOR1N(;ROUNErsWIMMING fJOOLS
O <> FootinglFoundCltion
. <> Final
To schedule an inspection or request information related to building code requirements~ please call
MN~PECT at(952r442~75.20, or t()ltfre~(8S~)146-1;8()"r !)etween the ho'ut~ ~8:00 a.m. and 4:30 p.m. Monday,
tbr#F;nliay;; J~QPttER$tAlEJ)NE>CAL~: Call afleast2Ml pusiness days before you dfg; ,({l51) 454...0002 or
. (~()O)252;.115$or www;'gopherstateonecali,org
*TheSta1eof Minnesota .requires .that' aft residential building :comractors, 1&i'IlOtJeJeTS.'afld roofersobtaih a state
license .lJi1less ihey-qualify for a specific I3xfiJiriptlon fromthel!cerising requitemel1t$. AnYPf!T:SQhclatittfngaiJ. .. . . .
exemption must provid~ ~ cdpyofaCertiffcate ofExemption;from the DepartmentotL.apor &lndustrY-lotne,City
before a permit can.br;t..lssueiJ"
"'Todi?Jtermine whether a parlicular contraetoris requited lei be licensed or to check()'hthe ficenSinfjststUiJ:6f
indMdual contiact()rs. please call the Minnesota, Departmenfof Labor & IndustrY at ~51-~S4~5:Q{jS of t9/[fmet~f30o-
342..5354 of visit their viebs;teat htlp:/IWWW;qoli.state.mnus.
o
-~-
,'. ~
Medina City Code 800. Swimming Pools
0 CHAPTER 8
LAND AND BUILDING REGULATIONS
800. SWIMMING POOLS
Section 800.01. General Provisions. The purpose of this ordinance is to regulate the construction
and location of private swimming pools and to provide for certain safety features related thereto.
For the purposes of this ordinance, private swimming pools are defined as any enclosure, designed,
intended or used for the containment of water, whether constructed below ground level or above
ground level, having a surface area exceeding 100 square feet and a depth exceeding 18 inches
which is designed, intended, or used for swimming, wading, or other recreational use by the owner
or tenant of the property upon which the pool is constructed, or by the owner's or tenant's family or
invited guests without payment of a fee.
Section 800.03. Permit Reauired. No private swimming pool shall be constructed or established,
and no such pool construction shall be commenced without first obtaining a permit from the building
official.
Section 800.05. Aoolication for Permit. Application for a swimming pool permit shall be made to
the building official upon forms provided by the building official.. A fee set by ordinance shall be
0 submitted with the application to cover the costs of inspection. The application for the permit shall
include, without limitation, the following information:
Subd. 1. Complete plans and specifications for the construction of the pool, including a site
plan showing the location on the property of the proposed pool and surrounding deck or
patio and other improvements;
Subd.2. A survey showing the location of all existing structures on the property, including the
house, garage, fences, trees, overhead or underground wiring, utility easements, and other
significant improvements or natural features;
Subd. 3. The location of proposed pumps, filters, electrical power source (if applicable),
flushing and drainage outlets, and other operational features;
Subd.4. The location and specifications of the protective fencing or automatic pool cover; and
Subd. 5. Any other information necessary or convenient for review of the permit application as
determined by the building official.
Section 800.07. Aoolication. The safety features, including electrical wiring and fencing or
protective pool cover as set forth in this Ordinance shall apply to all private swimming pools
constructed after July 17, 1979.
0
800. Swimming Pools Page 1 of3
-7-
.... .. .
Medina City Code 800. Swimming Pools
0 Section 800.09. Construction Set-back Reouirements. Private swimming pools shall be
constructed so as to avoid damage to property and injury to the occupants of the subject property and
the occupants of adjacent property and shall meet the following minimum requirements:
Subd.t. No pool shall be located within 18 feet (measured horizontally) from any
underground or overhead utility line of any kind.
Subd. 2. No pool shall be located within any public or private easement intended for utility,
access or drainage purposes; any wetlands, floodplain or shorelands; or any other location in
which it might represent a threat to the natural environment; and
Subd. 3. Private swimming pools are accessory structures in all residential districts under the
zoning ordinance and must meet appropriate setback requirements.
Section 800.11. Safety Fence or Automatic Pool Cover Required.
Subd. 1. A safety fence meeting the following standards shall be required around all pools:
(a) Except as provided for in subd. 1 (d), a safety fence at least 4 feet in height shall
completely enclose the pool. All openings or points of entry into the pool area shall
be equipped with self-closing gates or doors. All gates and doors shall have a self-
latching latch which is no less than 4 feet above the ground level and which shall be
constructed and placed so as to be inaccessible to small children. All gates and doors
shall be locked when the pool is not in use or is unatterided by an adult with
0 demonstrated swimming ability. Any opening between the bottom of the fence and
the ground level shall not exceed 3 inches.
(b) Safety fences shall be constructed so as to inhibit the climbing theteofby any person. If
constructed primarily.ofwood, the fence shall be composed of vertical members with
spaces no greater than 4 inches between the boards. If constructed primarily of other
materials, the fence shall contain no spaces through which a sphere 4 inches or more
in diameter may pass.
(c) No wall of any pool constnicted above ground level, regardless of the height thereof,
shall qualify as a safety fence.
(d) If the house or other structure provides all or a portion of one side of the pool
enclosure, all doors from the house or structure providing access to the pool area
shall be equipped with a pool alarm meeting the standards of F2208-02 of the
American Society of Testing and Materials (ASTM), as such standards may be
modified, superseded or replaced by ASlM.
,.... ~ ~V~_~ _~ ~~
> Subd. 2. As an alternative to a safety fence, an automatic pool cover may be utilized ifit
meets the standards ofF1346-91 (Reapproved 1996) of ASTM, as such standards may be
modified, superseded or replaced by ASTM.
0
800. Swimming Pools Page 2 of3
~
- -
Regular Andover City Council Meeting
Minutes - August 6, 2008
Page 5
attempt to influence any voters there. He thought this
'\
\
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\
.f. DISCUSS POOL FENCING REQUIREMENTS
Staff received a written request to discuss the issue once again, the same issue was discussed on
November 8, 2006. The decision of the Council was to deny the request (to only have a pool cover
rather than a fence).
Mr. Torrey Kje1stad, 17241 Partridge Street, discussed the reasons why he thought the safety cover
was a better safety measure than a fence.
Councilmember Knight asked where the electronic keypad is located. Mr. Kje1stad indicated it was
located five feet above the ground on the outside of the house. He explained the electronic keypad is
not key operated but needed a code in order to open and close the pool cover.
Councilmember Trude asked how long does it take for the pool cover to close. Mr. Kjelstad
indicated it closes in seventeen seconds.
Acting Mayor Orttel thought the cover seemed tremendously efficient and safe but the City Code
stipulates there needs to be a fence surrounding a pool.
Mr. Kjelstad asked if they could amend the code to read that if a person lives on two or more acres
they would have two different safety choices, one is to put in an approved fence or a Cover Start
automatic safety cover could be installed but it must have a security code key pad and it cannot be
operated with a manual key. If the Cover Star Safety Cover is chosen, you must also obtain.
signatures from the surrounding neighbors stating they understand the safety system being chosen
and that they approve of it.
Councilmember Jacobson stated he is the only one on the Council that has a pool and he has had
several issues with it. He stated the problem is the safety and the main issue is what is safe. The key
is that you have to have someone push the code in to close the cover and if someone forgets to close
it, it remains open and could be potentially dangerous. He stated that once it is allowed for one
property, it is allowed for everyone and not everyone is responsible. He would not like to see the
fencing ordinance changed and felt it was safer to have a fence.
Mr. Kjelstad stated he has known people who have neighbors where the fence actually failed and did
not close. He did not think. fences are the safe all either and he believed the codes are there to also
protect irresponsible people.
Regular Andover City Council Meeting
- Minutes - August 6, 2008
Page 6
Acting Mayor Orttel wondered what Mr. Kjelstad's insurance thinks of this. Mr. Kjelstad indicated
they are aware of it and actually approve of it.
Acting Mayor Orttel indicated he would like to see something from the Building Department about
the safety of these. Councilmember Jacobson stated they are safe if someone remembers to close
them but the issue is if it is left open and gates are supposed to close automatically.
Councilmember Trude stated a fence is a visual barrier for kids where just a pool cover is not and she
thought this would open the door to more people having these and someone will make a mistake and
they will come back and ask why the code was changed. Councilmember Knight noted that water is
so unforgiving.
Mr. Kje1stad stated aesthetically for his yard and his application it is unique. He indicated he has a
retaining wall on one side of the pool and it would be difficult to fence that area.
Councilmember Jacobson asked when a permit was pulled was it stamped a fence was required. Mr.
Kjelstadthought it probably was stamped.
Acting Mayor Orttel thought the pool cover was a lot more expensive than a fence and probably safer
than a fence and he would hate to deny this without more research done.
Councilmember Trude did not think this was worth changing the code because not everyone is
responsible.
Council consensus is to leave the City Code as is. Mr. Dickinson indicated the City Code would be
enforced.
'ELL TOWER LEASE BUY-OUT PROPOSAL
The City of Andover been approached by an inveStment group (Wirele ase Consultants)
that is interested in purchaS. the City's interest in the water towe . less leases and
purchasing a wireless communica: . easement over the ower facility (the water tower on
the City Hall/Public Works Campus). " City c has two wireless antenna leases on the
water tower, "with T-Mobile and Sprint/Next
Acting Mayor asked if the four percent obligates them for the en . ~ years or would it
expIre a: term of the current lease. Mr. Dickinson stated the four percent . extend until the
of the term of the lease renewals, which will take them to 2017.
Councilmember Trude thought they should pass on this at this time because she did not like the
0 Regular Andover City Council Meeting
Minutes - September 23, 2008
Page 3
e sure it is done correctly.
Mr. . kinson asked for clarification on what the Council wanted done. Counc - ember.
Jacobson :ted before the establishment comes before the Council with their pproval request
for outdoor certs and before they book a band the City needs to have a hematic of what the
tent will look . with the emphasis on sound mitigation. Councilme er Orttel stated they
should look at pos . ly having an amplified sound ordinance.
Mayor Gamache stated an ther concern of his is if Moose Company were to open and they
decided they wanted to have me concerts. He wondere If there is a need to have some kind of
restriction for how many events e City is going to w the establishments each year because it
could be every weekend if each bar anted more one a year.
Ms. Sheri Bukkila stated there was a lot 0 . ussion about how the businesses and City benefit
from the outdoor concerts. She wondel'l If is a way to charge a fee for holding an outdoor
concert and then put it towards the p fund so ~one would benefit. Councilmember Orttel
indicated fees can only be charg recoup cost.
0 The Council discussed hovv.: any concerts they would or a maximum a year or a month.
Mr. Povlitzki suggested ey have a strict rule on enforcing ili e.
Mr. Dickinson re . ewed what the staffwill focus on for next year.
Mr. Mc . indicated he has a petition from 286 homeowners wanting to
so he cautioned the owners of the bars to make sure things run smoo
e Council consensus is that this will be brought back to a future council meeting.
. REVIEW POOL COVERS AND FENCING
Mr. Neumeister stated this was first discussed on August 6, 2008 as a result of a resident's request
for a pool cover to be allowed rather than fencing. At the following meeting on August 19th, the
Council directed staff to provide research on what other cities have for regulations related to pool
covers in lieu of fencing. What staffhas found is that very few cities allow pool covers in lieu of
fencing.
Mayor Gamache is wondering if there could be an ordinance requiring a fence in R-4 District with
the option of having a fence if they are on acreage. He would like to talk: about this to see if this is
0 the way the Council would want to go. We need to make sure the pool covers are being used
properly too.
Mayor Gamache did not think they had anyone in the City go around inspecting to make sure
everything is in compliance for pools. Mr. Dickinson stated they only check if there have been
0 . Regular Andover City Council Meeting
Minutes - September 23, 2008
Page 4
complaints or if by site it looks like a problem.
Councilmember Jacobson stated the problem he has is a pool cover requires a human to open and
close it where a self -closing fence does not need assistance. if properly installed and working. He
would like to see the use of fencing.
Mr. Torrey Kjelstad, 17241 Partridge Street NW, stated the pool cover could be left open but the
fence gate could also fail. He stated he is a responsible person and does not want to find anything in
their pooL They live on three acres with only six houses around him with eighty acres behind him.
He stated he knows of neighbors that have an above ground pool with a fence and kids jumped over
and into the pool. He stated he has eleven thousand dollars invested in the pool cover and ifhe had
to install a fence around the pool it would cost him another eleven thousand dollars.
Councilmember Orttel stated they have discussed how to keep kids out of drainage ponds and that is
another potential danger because they are not fenced either. Their main concern is to protect small
children. There is massive risk o~ there in the world that involves drowning. He indicated what
they want is something to keep people out of the pools if not invited. He thought this was the next
stage in pool safety.
Councihp.ember Orttel asked if it would be possible to have an alarm if the cover were to not be
closed in a certain amount of time. Councilmember Knight wondered if there was a fail-safe way to
make sure the pool cover is closed. Mr. Kjelstad stated at this time there is not.
Councilmember Jacobson would suggest they could look at something in the future when they would
get a warning device on them but until then he suggested they leave this the same.
.
Mr. Dickinson stated this was brought to the meeting because the permit was approved for a pool
and fence and the City did not know it was not in compliance until a complaint was filed.. He felt the
City needed to enforce the code requiring a fence around the pool.
Councilmember Orttel stated he thought the pool cover is a better safety device than a fence.
Mr. Kjelstad stated he keeps the pool cover closed for heating, cleaning and safety. He felt it is safer
than a fence and they always keep a cover on the pool when not in use. He stated this is the way of
the future. Mayor Gamache agreed but did not feel at this point there was much the City Council do.
Councilmember Knight asked if they could explore the potential for alarms out there for pools. Mr.
-
Kjelstad stated he would research this and bring the information back to the Council.
0 Mr. Dickinson stated if the Council is going to review this further how far should staff go to enforce
the code. He noted Mr. Kjelstad does have a four-foot temporary fence up. Councilmember
Jacobson thought staff should enforce the code.
Mayor Gamache wondered what the ordinance for fencing a hot tub is. Mr. Dickinson indicated a
0 Regular Andover City Council Meeting
Minutes - September 23, 2008
Page 5
latchab1e cover or fence is required.
Councilmember Orttel wondered if an alarm would make a difference. Mayor Gamache stated at
this point they needed to enforce the code. Councilmember Knight, Mayor Gamache and
Councilmember Orttel thought it would be worth it to research to see if alarms were available for
pool covers. Councilmember Jacobson stated he would prefer to stick with the current code.
Mr. Dickinson noted that Councilmember Trude indicated to him that she would not be in favor of
only allowing a pool cover in lieu of a fence.
Mr. Kjelstad thought the code could be interpreted differently by everyone in regard "to fencing
because the code is vague. He explained what type offence he installed and showed a photo. The
"t'jnicil felt this was a temporary fence but would work until a final decision was made. -
'EW STATE STATUTE LA W CHANGES TO CHAPTERS 157 AND 347 (RELATE '0
ouro OR FOODAND BEVERAGE SERVICEESTABUSHMENTS & DANGEROU. OGS)
Mr. Neumei stated the City Attorney sent staffinformation which contains new e adopted
by the State of . esota from Chapters 157 and 347. He asked that the City cil review it as
two separate sectio The first section dealing with Chapter 157 relates to omething that is not
mandatory that the Ci opt, it references the City "may adopt" the ew language that refers
specifically to outdoor foo d beverage establishments and whethe 0 allow dogs to accompany
persons patronizing the facili If the Council chooses to impl ent it, then the entirety of the
suggested code language should B adopted.
. The second part of the statute changes s uld be revie d line by line as there are small changes
proposed throughout the Chapter 347 Ian e. otice for instance that the sUrety bond is
recommende~ to be changed from $50,000 to 0,000 for anyone who has a "dangerous dog".
Quite a few changes related to changing "mat' 0' " and there is a lot more language added on
"Disposition of Seized Animals" as well who may a dog.
Councilmember Jacobson reviewe
The Council preferred not to opt Chapter 157. Councilmember I felt Chapter 347 should be
changed to the new i Councilmember Jacobson suggested go through the City
Ordinance and State tote to see what the differences are.
0 T POLICY DISCUSSION
Mr. kowitz state4 the City Council is requested to review and discuss the attached pr: osed
ssment manual revision and direct staff on how to proceed with updating the assessment poll 'f.
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 Councilmembers
CC: Jim Dickinson, City Administrator
FROM: Will Neumeister, Director of Community evelopment~
SUBJECT: Discuss Shed Encroachment
DATE: June 23, 2009
INTRODUCTION
The request from Cary Mihalow at 14771 Crane Street NW is fully detailed in the attached
letter and supporting information. He has recently built a shed in a drainage and utility
easement to the rear of his home. A complaint drew this to staff s attention.
DISCUSSION
Mr. Mihalow is detailing in his letter all the things he thinks could have been done to prevent
the issue from happening in the first place. He indicates he simply misinterpreted the
guidelines sheet and is asking for the City to consider either granting a variance or amending
the rules and guidelines sheet to allow sheds to be in drainage and utility easements (similar
to what Blaine allows). Staff does not believe he has grounds for granting a variance, and if
the guidelines were amended that could pose problems in some drainage and utility
easements (i.e. around ponds or where pipes exist).
ACTION REQUESTED
The Council is asked to review the attached information and determine whether there is
support for either a variance to allow the shed in the easement or amending the rules and
guidelines as indicated above.
Respectfully submitted, ~
W
Will Neumeister
Attachments
Resident's Letter and His Supporting Information
Cc: Cary Mihalow, 14771 Crane Street NW, Andover, MN 55304
J 1. RESIDENT'S LETTER
When I decided to build a shed in late 2008, I checked the Andover web site for
guidelines and regulations for constructing a garden shed or any other structure such as a
gazebo, arbor, playhouse, or other yard building, but found none.
I did find the Building Department Handouts for Garage & Accessory Structures (2008).
The first line of the General Rules states:
"All structures greater than 120 sq. ft. shall require a building permit and are required
to meet applicable building codes. Temporary structures larger than 120 square feet are
not allowed. " (See attachment)
I interpreted this to mean that structures less than 120 square feet did not have to meet the
requirements listed because it was considered an insignificant structure (like a playhouse,
gym sets, arbor, etc.) So I decided to build a smaller shed than planned if! could place it
where I wanted; in the back corner of my yard.
[ I want to make it clear that my decision of 1he shed location was not an intentional ~
-1 disregard for 1he mles and codes; I simpl:\: misinte!l'reted 1he gnidelines. Please
remember that I am a homeowner who likes to build; I'm not a contractor who is familiar
with codes.
I subsequently started to build my shed starting on April 11 th of this year. I positioned the
shed 2 feet in from the north and east corner of my property, as shown on attached
drawing.
The shed is nestled near one neighbor's 6 foot high privacy fence and my other
neighbor's lilac bushes. They have very limited visibility of my shed and I have signed
statements from these neighbors about the shed location. (Photos and statements
attached)
I received a letter from the City of Andover on May 13th 2009 (see attachment) stating
the potential permit violation and the location issue. I called and discussed my position
with Angie Perera who suggested that I talk to the city Building Inspector. I talked with
Herb Blommel in the Building Department. I explained my position to Herb and he said
that he understood how I could misinterpret the hand out. He went to my property and
inspected the shed and contacted me to say that I did not need a permit but the location
was a problem. Herb also discussed this conversation with Will Neumeister.
I am requesting a variance for my shed based on the reasons listed below.
1. The letter from Andover is dated May 7, 2009 but wasn't delivered until May 13,
2009; 3 weeks after the inspection. The shed was completed by then, making it
much more difficult to disassemble or move. (copy attached)
. .
2. The shed was completed by the time I received mail notification. The letter from
Angie Pierera states that the property was inspected on April 21, 2009. No "stop
order" was posted to notify me of potential violations. The shed was just started at
that time and only 3 sides and part of the roof were sheathed on April 21; in fact,
all ofthe sheathing wasn't even delivered yet. It would have been relatively easy
to move the shed into compliance at this stage.
3. The letter from Andover is dated May 7, 2009 and wasn't delivered until May 13,
2009; 3 weeks after inspection. The shed was completed by then, making it much
more difficult to disassemble or move. (copy attached)
4": A casual observation (no visible property stakes) in my neighborhood shows
random compliance in regards to shed location. There are many sheds in Andover
located immediately next to fence lines or placed back to back on neighboring
properties.
5- From the printed guidelines, could my shed be considered a temporary structure
because it is less than 120 square feet? I don't think that it's a permanent
structure; it's built on skids, not on a slab or footings and could be moved for
future access to the easement.
c: Neighboring communities do allow for consideration of a variance. A copy of the
City of Blaine's GUIDELINES FOR ENCROACHMENTS IN CITY
EASEMENTS is attached and it allows consideration of a variance for sheds,
retaining walls or fences with removal at the property owners' expense. (see
attached) My property has no drainage or wetland issues, and all existing utilities
are accessed via the street. I would be willing to move my shed at my expense if
access is needed in the future.
7. My immediate neighbors do not have an issue with my shed location.
Thanks for your consideration of this issue,
Cary Mihalow
14771 Crane St NW
Andover, MN
763434-4062 (H)
612 418-4859~) i~
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CITY OF BLAINE . ENGINEERING DEPARTMENT
DATE: September 18, 2007
GUIDELINES FOR ENCROACHMENTS IN CITY EASEMENTS
An easement is defined as the right of an individual, company, or governmental entity to the limited use
of the land owned by another for a specific purpose. That purpose may be for drainage, access,
transportation, sanitary sewers, storm sewers, water main, private utilities, trails, ponding, wetlands or any
other public use. Different purposes may be combined in one easement.
Easements may be dedicated to various regulatory and governmental agencies such as the City, County,
State or Watershed District (and private utility companies). When an easement is dedicated and recorded,
certain control of the use of the property in that easement is granted to the regulatory or governmental
agency. This control, will in turn, affect the use of the easement by the property owner and will vary with
the type of easement and what agency has control of the easement.
Easements within the City of Blaine are utilized for many things, some of which include:
. Construction and or maintenance of public utilities such as sanitary sewer, water main, storm
sewer, etc.
. Construction and or maintenance of roads and trails.
. Construction and or maintenance of storm water features such as treatment ponds, drainage ways,
holding ponds, flood plains, wetlands, etc.
. Construction and or maintenance of private utilities such as cable television, telephone, gas and
electricity.
Most properties in the city have easements that provide access to the City and utility companies for
infrastructure improvements and maintenance. Typically, these easements are dedicated as drainage and
utility easements on the front, back and sides of the lot. Property owners can check the Certificate of
Survey, Abstract, or Deed for their property for easement and property line information.
The City has developed general guidelines to help property owners understand what uses may be
allowable within easements located on their property. Property owners are required to follow all City
zoning laws, ordinances and policies and obtain all necessary permits. These guidelines do not apply to
private easements.
General Easement Guidelines
. Surface landscaping is typically allowed in non-wetland easements. The planting of trees and
shrubs is discouraged in easements that cover public utilities and drainage ways, as these are the
most likely to be disrupted by future work. Landscape plans can be reviewed with the
Engineering Department to verifY their compatibility with the easement.
4. Requests to construct structures in easements are reviewed by City staff on a case-by-case basis. 4-
Factors such as the type and use of easement and type and use of proposed structure will be
C:\Documents and Setlings\handrea\Local Setlings\Temporary Intemet Files\OLKC\Easement encroachments (2}.doc - 1 of 2 -
~
r/
reviewed by City staff when making a determination. The following structures may be allowed in
easements provided that they are easily moved or removed from foundations to provide access to
the easement:
~ 0 Sheds up to 200 square feet (treated wood floors only, concrete pads or permanent .-
foundations not allowed).
0 Above ground, non-permanent pools that require a building permit. A swimming pool is
defined as: Any structure, basin, chamber or tank containing an artificial body of water
for swimming, diving, or recreational bathing, more than two hundred (200) square feet
in area or over twenty-four (24) inches in depth, above or below ground. Inflatable
pools that meet the above standards are included. In-ground pools are not
allowed. Concrete pool decks and aprons are not allowed.
0 Retaining walls which are necessary for landscaping and/or driveway construction
(provided drainage patterns are not affected). Walls over 48" in height, including
any
buried portions, require a building permit.
0 Fences that do not interfere in any way with existing under ground or over ground
utilities (building permit required).
0 Irrigation systems that do not interfere in any way with existing under ground or over
ground utilities (building permit required for connection to water system).
0 Decks up to 200 square feet, and not permanently attached to the house (must be free
standing; building permit required). The deck cannot be attached to permanent footings.
. No construction or landscaping that will change or alter drainage patterns in a drainage way,
swale, ditch or other method of storm water conveyance is allowed without approval from the
Engineering Department.
. If private utilities such as cable tv, gas, electric, or telephone are located within a public
easement, the property owner must obtain a written waiver from the affected utility company
permitting the structure to be located in the easement prior to the City issuing a permit.
Wetland Easements
. Wetland easements are regulated by watershed districts, the Army Corps of Engineers and the
Minnesota Department of Natural Resources. No structures, construction, landscaping or any
kind of work is allowed in these easements without the regulatory agency's approval.
Removals
If, for any reason, the City or other authorized agency needs to perform work in an easement, the property
owner shall remove, at their expense, any structure or landscaping located within the easement within
seven days of being notified. Any expenses or damages arising from the construction or subsequent
removal and replacement of the structure or landscaping within the easement is the sole responsibility of
the property owner. Issuance of a building permit for construction inside an easement does not absolve
the property owner of the above responsibilities and shall not be construed as an approval to violate any
codes or ordinances of this or any other jurisdiction. A City waiver must be signed by the property owner
prior to the issuance of a building permit for the construction of a structure in an easement. The City or
any other authorized agency shall not be liable for repair or replacement of any structure or landscaping in
the event it is moved, damaged or destroyed by virtue of the lawful use of the easement.
C:IDocumenls and SettingslhandrealLocal SellingslTemporary Intemet FileslOLKCIEasemenl encroachments (2).doc - 2 of 2 -
~DbVE~
1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
May 7,2009
Cary & Sandra Mihalow
14771 Crane St. NW
Andover, MN 55304
---------
Re: Zoning Violations NOTIFICATION # 1
Accessory Structure/Encroachment
Dear Mr. & Mrs. Mihalow:
The City of Andover has received complaints in regards to the location of an accessory structure that
is being constructed on your property. An Andover city official inspected your property on April 21,
2009. The inspection revealed that it appears that an accessory structure is being constructed within
the left side yard drainage and utility easement and side yard setback of the property. Staff has
verified with the Building Department that no building permit has been issued for the shed.
All structures greater than 120 square feet shall require a building permit and are required to
meet applicable building codes. Temporary structures larger than 120 square feet are not
allowed. Garages and accessory structures shall be setback at a minimum of five-feet from
interior side lot lines unless an easement exists that is more restrictive. Garage and accessory
structures shall not be located in a drainage and utility easement.
Corrective Action Needed: To bring your property into compliance you must do the following:
. Submit a building permit application for the accessory structure if it exceeds 120 square
feet; and
. Relocate the accessory structure so that it is out of the drainage and utility easement
and so that it also meets the setback and other requirements of the 'Garage and
Accessory Building Requirements' handout that has been attached with this letter for
your reference.
You will have ten (10) days from the date of receipt of this letter to bring your prope11y into
compliance. A re-inspection has been scheduled for May 17,2009 to confirm your compliance with
the Zoning Code. Please call myself or Don Olson, the Building Official if you have any questions
regarding this matter. Thank you in advance for your cooperation.
. RrPectfully, D6~ &.&L~
'~~
. /
Angie erera Donald Olson
Associate Planner Building Official
City of Andover City of Andover
763-767-5146 763-767-5123
Enclosures: Garage & Accessory Buildings & structures handout l/v reL /v fL,v)t1 :t;{
~TcfL-
Copy of a Certificate of Survey for your property
J--J E3-rZ h .....--:! 767 ".- 51l/U
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S'\NDbVlfI4
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
GARAGES AND ACCESSORY BUILDINGS AND STRUCTURES
LOT DESCRIPTION MAXIMUM SIZE OF GARAGE/ACCESSORY STRUCTURE
Less than one-acre and all R-4 1,200 sq ft total including attached and detached garages. However, detached
zoned lots. garage cannot exceed 50% of home foundation
excluding attached garage.
One to five-acre rural lots 100% of home foundation excluding
attached garage.
Over-five-acre. rural--10t-s -- ----.. ._._------._-_.~- 20% of lot
size. - -----_.-- -. - ~'_._----
GENERAL RULES
~. All structures greater than 120 sq. ft. shall require a building permit and are required to
meet applicable building codes. Temporary structures larger than 120 square feet are not
allowed.
. No garage or accessory structure shall be constructed on a lot prior to the time of
construction of the principal structure (house) except by Conditional Use Permit.
. When a garage is oriented so as to face onto a public street, it shall not have less
than the
minimum required setback for the principal structure as measured from the lot line.
. Garages on properties less than one acre in size cannot be located between the principal
structure and the front lot line.
e Garages must be set back fifty (50) feet from lot lines adjacent to county roads except
in
the R-4 Zoning District where the setback is forty (40) feet from lot lines adjacent
to
county roads.
. Garages and accessory structures located on comer lots are required to have the same
setback as the principal structure (refer to City Code 12-3-4).
,~ 0 Garages and accessory structures shall be setback a minimum of five- feet from interior
"" .
side and rear lot lines unless an easement exists that is more restrictive.
" . Garages and accessory structures shall not be located in a drainage & utility easement.
@ Garages and accessory structures may be located within the rear yard setback, provided it
does not occupy more than 25% of the required rear yard setback area.
. Garages and accessory structures shall be constructed to be similar in design and have an
exterior finish material compatible with the principal structure.
. All proposed curb-cuts and additional driveways must be 'approved by the City Engineer.
v All structures, including small garden sheds, should be included when calculating the
maximum size of accessory structures allowed on a property.
3 If a detached accessory structure serves to satisfy the minimum garage size requirements,
the total allowable square footage is increased by the required minimum square footage.
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June 5, 2009
To Whom It May Concern:
I live in the property adjacent to 14771 Crane St. in Andover
MN. I am aware that the recently built shed on that property
encroaches the side setback (5 feet) and the back yard
easement (10 feet) according to city code.
I have seen the shed and I have discussed the placement of the
shed with Cary Mihalow and I have no concerns or problems
relative to the shed.
Signed: 9# :J~
Jeff Jorgenson
1408148th Ave NW
Andover, MN
June 5, 2009
To Whom It May Concern:
I live in the property adjacent to 14771 Crane St. in Andover
MN. I am aware that the recently built shed on that property
encroaches the side setback (5 feet) and the back yard
easement (10 feet) according to city code.
I have seen the shed and I have discussed the placement of the
shed with Cary Mihalow and I have no concerns or problems
relative to the shed.
Signed:
1422 148th Ave NW
Andover, MN
S; Ga~ GJeS/ Q~e !o ~ O,0di/'e t!v;~ {-/..e
lAflc1eysfc:vnol,~ fitcvl- '''B i'A ~ Rtlure} fk S'W /5 re~~leol
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View of 1422 148th Ave
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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: Discuss Roofing Inspection (1455 148th Lane NW)
DATE: June 23, 2009
INTRODUCTION
Mary Rabideaux has requested (attached correspondence pages 2-7) being placed on a City Council
agenda to discuss a roofing inspection from back in 2006 at 1455 148th Lane NW. Ms. Rabideaux has
subsequently sold that property, but has had some issues relative to the sale of that property that she
would like to discuss with the Council.
DISCUSSION
City Administration has conducted a complete investigation of Ms. Rabideaux's concerns and
subsequently issued a report (pages 8 -21) to Ms Rabideaux and as requested by Ms Rabideaux
submitted that report to the City's insurance provider, the League of Minnesota Cities Insurance Trust
(LMCIT).
As part of the City Administration investigation it was indicated to Ms Rabideaux that no formal
agenda item would be processed until a review was completed by LMCIT. That review is now
complete and their conclusions are attached (pages 22-24).
ACTION REQUESTED
Receive a brief presentation from Ms. Rabideaux and staff and discuss Ms Rabideaux's requests.
"- \.-
James Dickinson
From: James Dickinson
Sent: Tuesday, May 12, 2009 3:04 PM
To: City Council
Subject: Rabideaux Roof - 1455 148th Lane NW
Attachments: 20090512131213817.pdf
Mayor & Council,
Attached is the Communication that Mary Rabideaux was attempting to get out to the Council. She provided copies to
the front desk and had them placed in each Councilmember's box at City Hall. I have scanned my copy (in color) and
attached for your review.
Mary would like to be on a Council agenda ASAP. What I indicated to her, was that I would do so after the League of
Minnesota Cities Insurance Trust (our insurance company) completed their investigation and she always has the option
of "Resident Forum". If members of the Council disagree, certainly let me know and I will add to the next agenda as
a
discussion item.
After reading the letter, I have to make a point of clarification. What Ms Rabideaux refers to as the comments from the
Attorney General's Office "government does not go after government" was not confirmed by the individual that she
contacted at the Attorney General (Nicholas Karl's). I have talked to Mr. Karls, he indicated that the real question is
what is was the true marital status of the Rabideaux's back in 2006, and he generally agreed that Mr. Rabideaux likely
got taken advantage of by Mr. Wagner. As of last week, the Rabideaux's divorce has yet to be finalized.
1(. Lastly, the roof was replaced on May th, prior to the Citv or LMCIT confirming the housing inspectors report with the
contractor on record for the project, Ed Rabideaux, the homeowner.
Jim
.~
May 11,2009
City of Andover
1685 Crosstown Blvd N W
Andover, MN 55304
Re: City inspector passing a roof that was not up to code at 1455 1481h Lane NW
Dear Mayor Gamache and City Council Members,
My name is Mary Rabideaux I own a home located at 1455 1481h Lane NW. I have been in
correspondence with Mr. Dickinson regarding an inspection that was done December 1 sl 2006. I
have enclosed for your review pictures of a roofthat the city of Andover's inspector Don Olson
passed on that date. As you can see the roof is far below code.
Mr. Dickinson had requested pictures of the roof which you have. He also requested proof of no
claims made for a roof since 2006 which I have provided through American Family insurance.
Mr. Rabideaux has provided copies of payment for the roof and an invoice for the dumpster. The
city has a copy of the permit pulled by Mr. Rabideaux and the inspection report by Mr. Olson that
shows he passed the roof without pictures.
I was not involved in the replacement of the roof in 2006 as I was legally separated from Mr.
Rabideaux and not living in the house. I was awarded the house in the divorce.
I was fortunate enough in this market to find a buyer for the home in March of this year contingent
on an inspection. Imagine my surprise when the inspector reported that the roof on the home at
1455 1481h Lane was the "worse roofing job he has ever seen". No tar paper, no ice shields, reused
vents and shingles stapled right to the plywood. Once again I would ask you to take a look of the
pictures I have provided for you.
Here is the problem a roof that was done by a bad contractor that is no where to be found, the city
inspector passing a roof that from the ground you can see there is a problem, going against city
policy of having pictures, and Mr. Rabideaux not providing pictures of the work that was done.
Subsequently, [ have written and been in touch with the Attorney Generals office. They have
written two letters to Mr. Andrew Wagner of Creative Construction on my behalf with no
response. The Attorney Generals office did call me and tell me that they had met not regarding Mr.
Wagner as much as the city of Andover's Inspector passing the root: I was told "government does
not go after government" I should go directly to the city regarding the false reassurance that the
roof was passed meaning good to go! The Attorney Generals otlice referred me to The Department
of Labor and Industry.
I ""Tote to the Department of Labor and Industry and they confinned what I had already known.
Mr. Andrew Wagner was ordered to cease and desist by them in 2007- In 2008 legal action was
taken against Mr. Wagner and Creative Construction by two citizens like me that were victim to
Mr. Wagner's rotten work. Mr. \Vagner did not show up for the court hearing. The Department of
Labor and Industry is unable to do anything at this time regarding Mr. Wagner and have added my
information to the file they have on him. The Department of Labor and Industry did refer me back
to the cit" of Andover and 1\;11'. Don Olson in a letter dated ~,Ilav ih 2009.
-" .." ..I
'3
The question that I pose to you is if the inspector passed this roof this one time are there other
instances in vvhich Mr. Olson passed roofs or other projects without truly following procedure thus
leaving citizens with a false sense of reassurance of a job well done.
Mr. Dickinson states the city has no responsibility in this matter even though the city passed the
roof without pictures. Mr. Dickinson points the finger to Mr. Rabideaux for not providing
pictures.. Mr. Rabideaux points the finger to the contractor and yet I'm the one paying $7,895 for a
new roof that I thought had been replaced in 2006. I have been left the responsibility to correct and
mop up this mess.
In talking to people who live in the city of Andover it is obvious that when they hear this story and
see the pictures of the roof that they are dumb struck at the idea that an inspector paid by their tax
dollars passes the roof. It begs the question if he has done it once what else is out there.
Mr. Dickinson states in his letter dated May Sth that he will submit this to the city of Andover's
insurer he said that "he would recommend that it not be paid as a claim based on his findings".
I did speak with Mr. Dickinson on Friday Mav Sth. I expressed that I would like to be on the
agenda for the next city council meetin . Mr. Dickinson sai "he would meet with the Ma or on
Mon ay May lIlt. and would discuss me being on the aJZenda. Otherwise I could he on t~
Resident Forum. Either way I will take the opportunitv to share the information I have regarding
the contractor and the inspection for the citizens of Andover.
-
--P Mr. Dickinson did write in his letter that no formal agenda item be allowed until formal finding is
completed by LMCIT. This was prior to our conversation on Friday May SIn.
I appreciate that you have taken the time to read my letter and to look at the pictures I have
provided. I have a file two inches thick with correspondence regarding the awful roof that was put
on the house in 2006. Along with additional pictures I would be happy to provide the entire file for
your review if you wish or answer any questions you may have. I look forward to hearing from
you.
Sincerely,
Mary T. Rabideaux
13633 Van Buren St NE
Ham Lake. MN 55304
763-242-1694
Cc: Mr. Dickinson
Enclosures
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CITY OF Ai'iDOVEI;;'
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---_._------._----_._----------------------_._-_..~..- ..-------------..-----..-..--------------.--- -----.
Permit # Site Address Applicallt
Inspection Type Slatus Sl'hed Date Time
11\:;;1> Actual Date In>:p
2006-05265 1-155 148TH LN NW RAIHDEAUX EDWARD A & MARY T
:i
Roofing Final i" ] 2/0 1/2006 08:00
AM DOLS 12:01 i2006 DOU
No pictures
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1685 CROSSTOWN BOULEVARD N,W. . ANDOVER, MINNESOTA 55304 · (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
May 8, 2009
Mary Rabideaux
13633 Van Buren St. NE
Ham Lake, MN 55304
Re: 1455 - 148th Lane NW
Dear Ms. Rabideaux:
As discussed previously, I am following up with a written report of my review of the re-
roofing at 1455 - 148th Lane NW from back in November of 2006.
Process:
I have reviewed the following:
_ Numerous emails from Mary Rabideaux
_ Re-roof permit dated 11fil06
- City inspection list report
_ The City address file for 1455 _148th Lane NW
- Invoice from Creative Construction
- Home inspection report (provided by Mary Rabideaux)
- Pictures and em ail from Fridley Roofing
- Information submitted from Ed Rabideaux
- Emails from the Rabideaux's insurance agent (Christine Rieger)
I have had discussions with:
- Mary Rabideaux
_ Mary Rabideaux & Byron Westlund
- City Building Official Don Olson
_ Nicholas Karls from State of MN Attorney General's Office
- Ed Rabideaux
City Building Official Don Olson has had discussions with:
- Mary Rabideaux
_ State of Minnesota Building Official Doug Nord
f6
Your Requests:
1. Process a claim on City of Andover's insurance company in the amount of
$7,400 - 9,500 for a new roof.
Response: A claim is in the process of being submitted to League of Minnesota
Cities Insurance Trust (LMCIT). LMCIT will review the submitted claim and
respond appropriately.
2. Request to be on a City Counc!1 agenda.
Response: Resident Forum at regularly scheduled City Council meetings is
available. I would suggest no formal agenda item be processed until a review is
completed by the LMCIT.
3. Documentation from City files
Response: Documentation requested by you has been provided (permits; Ed
Rabideaux submitted information; this report).
The Proiect:
City File:
A roofing permit was issued on 11/7/06 to applicant Edward & Mary Rabideaux, 1455-
148th Lane NW, Andover, MN 55304. Ed Rabideaux signs agreement and sworn
statement acknowledging he is the applicant for the project. No call for a City inspection
was made by the applicant, so on 12/1/06 City Building Official Don Olson follows up on
the project; he performs an inspection base on the following narrative:
"Since it's a homeowner that will be doing the work, we give them the permit under
the assumption that they know what they are doing. We have roof handouts at the
front desk and online at the City of Andover website www.andovermn.qov . On each
square of shingle, they show details on how to install shingles and each shingle
square has a web site that tells the installer what their recommended installation
instructions are.
When a homeowner/contractor signs the Building Permit, they are responsible for
the installation of the shingles. Just above their signature, there is a clause that
states that (All provisions of laws and ordinances governing this type of work will be
complied with whether specified herein or not. The granting of a permit does not
presume to give authority to violate or cancel the provisions of any other state or
local law regulating construction or the performance of construction).
Because of the large area that we had storms go through the City of Andover, we
have had thousands of permits pulled for shingling and siding. We ask the
homeowner/contractor to call us for an ice/water inspection. Because a lot of
homeowners that get friends to help out, most of the work is done on weekends.
When it is done on a weekend, we ask them to take a picture of the ice/water shield
q
for their records. If no pictures were taken and if they do not call in for an inspection,
we give each inspector a list of homes to go out and see if they were shingled.
;
At that time we go to the address and take a walk around the house and check to
see if the proper number of roof vents, flashing, and shingles were installed.
We do not get up on a roof unless requested by the homeowner to avert potential ;
liability of us up on their roof and us falling off and getting hurt with them not being
around. If there are any issues, we will go out and meet the homeowner and or
contractor (they would have to supply a ladder), and we check any and all issues
they would have. At that time we would either pass the inspection or issue correction
notices.
With these assumptions, and the homeowner having all this information at their
disposal, we would assume by at least seeing they had shingles on the roof that it
was installed correctly."
During the inspection Don is made aware of "no pictures" for ice water shield. Don
notices that f1ashinQ icehNater shield, appropriate number of vents is in place and
notates on the permit inspection report "no pictures" and closes the roofing permit.
What applicant does:
Per my discussion with Ed Rabideaux, he pulls the permit (check #8225), hires an
unlicensed contractor on 11/7/06 and provides a down payment ($3,000 check # 8226
to Andrew Wagner - Creative Construction). Ed Rabideaux coordinated the roll~off
service with Mini Dumps Inc. Ed Rabideaux then pays Andrew Wagner in full (final
payment with cash $3,500) upon completion of the project on 11/16/06 (as indicated on
invoice submitted by Ed Rabideaux) and initialed (lA.W." by Andrew Wagner. No call for
an inspection is made.
Problem:
Mary Rabideaux notifies City in April of 2009 that a home inspection was conducted on
her home that indicates that no underlayment (felt) was placed under the shingles, and
the 2006 job was of poor workmanship. In response, Don Olson explains to Mary that
she should contact the contractor that did the re-roof. The City file indicates Ed
Rabideaux as being the responsible individual, the homeowner.
Analvsis/Conclusion:
The following extenuating circumstances exist:
1. 2% years have passed since re-roof.
2. Ed and Mary Rabideaux are going through a divorce, yet to be finalized.
3. Mr. Andrew Wagner, the unlicensed contractor used by the Rabideaux's cannot
be reached by the homeowner.
\0
4. Mary Rabideaux would like to sell the home but the home is in need of a $7,400-
$9,000 repair.
5. Mary Rabideaux's communication to the Attorney General has not lead to results
to her satisfaction. They have been unable to contact Mr. Wagner.
6. Mary Rabideaux has made communication to the State Building Official (Doug
Nord). Doug Nord has contacted the City and has confirmed with Don Olson that
the City inspection process for this roof was appropriate.
7. Significant storms have impacted the City since 2006; 1,265 re-roofs in 2008;
1,509re-roofs in 2007; 1,700 were re-roofed in 2006. Some subsequent storm
damage may be present on the roof.
It does appear from my investigation that Mr. Ed Rabideaux was likely taken advantage
of by Mr. Wagner (Creative Construction) by having Mr. Rabideaux pull the roofing
permit. This is a specific situation that the City Building Department provides handouts
(attached) to residents to help prevent, was provided at the time of permit issuance, and
it appears Mr. Rabideaux ignored the warning. And while building inspections are
intended to detect problems with building projects, they are not a guarantee of quality
workmanship on a project, that is the responsibility of the contractor an in this case,
based on City records, that contractor is the homeowner Ed Rabideaux.
This is a very unfortunate situation, one with no easy solution. A subsequent contractor
bidding for the project is critical of the past project, indicating low quality shingles,
damaged vents and rain guard and absence of underlayment. All except the
underlayment could possibly be due to storms in 2007 or 2008. The absence of
underlayment is the neglect of the previous contractor, work done by Andrew Wagner,
but the responsible applicant is Ed Rabideaux.
Respectfully,
~-
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~ty A\iministrator
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CC: City Council, Don Olson
Attachments
H
CITY OF ANDOVER t>? c {S 1=-; \.e riA
PERMIT NO.: 2006-05265
1685
CROSSTOWN BLVD NW
ANDOVER, MN 55304- DATE ISSUED: 11107/2006
763 755-8700 FAX:
763) 755-892:3
ADDRESS : 1455 148THLNNW.
PIN : 26-32-24-22-0004
LEGAL DESC . OAK BLUFF
.
: LOT 3
BLOCK 1
PERMIT TYPE . BUILDING
.
PROPERTY TYPE : SINGLE-FAMILY RESIDENTIAL
CONSTRUCTION TYPE : ROOFING
NOTE: REROOF AND TEAR-OFF SHINGLES DUE TO STORM
H.O. PHONE #763-434-2574
I SPECIAI..: CONDITIONS: POST INSPECTION CARD ON SITE - PICTURES OF THE ICFIW ATER SJ;UELD ARE ALLOWED AND MUST BE
POSTED ON SITE FOR FINAL ROOF INSPECTION.
APPLICANT
ROOFING PERMIT FEE 50.00
STATE SURCHARGE - BLDGIFLAT 0.50
RABIDEAUX EDWARD A & MARY T
TOTAL 50.50
1455 148TH LN NW
ANDOVER, MN 55304
PAID WIlli CHECK # 8225
8vk
OWNER
D{)~
RABIDEAUX EDWARD A & MARY T
J7-)~~
1455148THLNNW
ANDOVER, MN 55304
/Y D P; ~
AGREEMENT AND SWORN STATEMENT
I hereby certify that I have read and examined this application
and know the same to be true and correct All provisions of
laws and ordinances governing this type of work will be
complied with whether specified herein or not The granting
of a permit does not presume to give authority to violate or
cancel the provisions of any other state or local law regulating
construction or the p ormance of con n
6cf I
I
Date
This permit becomes_null and void if construction authorized
is not COnimenced within 180 days, or if construction is
suspended for a period of180 days at any time after work is
commenced.
SEPARATE PERMITS REQUIRED FOR WORK OTHER TH.AN DESCRlBED ABOVE.
\do-
c '~\.~ !.\le.
CITY OF ANDOVER
Inspections List Report
Permit # From: 2006-05265 To: 2006-05265
Permit Type: All Property Type: All Construction Type: All
Inspector: All Status: Pass/FaiVNo Status
Include Notes: Yes
Permit # Site Address 'Applicant
. Inspection Type Status Sched Date Time Insp
Actual Date Insp
2006-05265 1455 148TH LN NW RABIDEAUX EDWARD A & MARY T
Roofing Final Pass 12/01/2006 08:00 AM DOLS
12/01/2006 DOLS
No pictures
--.. ...
4/16/2009 \~
Page 1 of 1
Page lof2
A Wdc{)me to the Wcb site of
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lit Anoka County
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----- : =
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Property Account Summary
Current General Information
Property ID 26-32-24-22-0004
Situs Address 1455 148TH LN NW , ANDOVER, MN 55304-0000
Property Description LOT 3 BLK 1 OAK BLUFF SUB] TO EASE OF REC
Last Sale Price 168,000.00
Last Sale Date 10/27/1995
Last Sale DocumentType
Linked Property Group Position
Status Active
Abstract/Torr~ns Abstract
Parties --- -
-.
Role { Name
-, ............. ~l
Owner \. RABIDEAUX EDWARD A & MARY T
} ~,
......
--
Document Recordina Proce
Abstract Documents Have Been Recorded Through
04/28/2009
Abstract Documents Have Been Mailed Through
04/28/2009
Torrens Documents Have Been Recorded Through
04/24/2009
Torrens Documents Have Been Mailed Through
04/24/2009
Active Certificates Of Title
Type ICertiflcate Number
ICertificate Date
No Certificates Found
Documents Recorded Within 30 Days Of "Recorded Through" Dates Above
Type IAbstract/Torrens IRecorded Number IRecorded
Date
No Documents Found
Property Characteristics
Lot Size
IS205*191
Year Built
11990
* Lot Size: Approximate lot size in feet, clockwise beginning with the direction the lot faces
Tax District Information
City Name ANDOVER
School District Number and Name ANOKA-HENNEPIN SCHOOL DISTRICT #11
Watershed COON CREEK
WATERSHED
Property Classification
Tax Year Classification
2009 lA-Residential Homestead
2008 lA-Residential Homestead
Property Values
Tax Year Description
Amount
2010 Est Market Land (MKLND)
87,000
2010 Est Market Improvement (MKIMP)
232,100
2010 Est Market (MKTIL)
319,100
2009 Est Market (MKTIL)
341,600
2009 Taxable Market (TMTV)
341,600
1"\
https://prtinfo.co.anoka.mn.us/(csea5z55k5ia3xy 1 tjmvxc55)/result.aspx
5/7/2009
Page 2 of2
Tax Amounts for M1PR
Tax Year Description
Amount
.-
2009 Qualifying Tax Amount (Tax Bill Line 1)
3,650.25
2009 Prior Year Qualifying Tax Amount (Tax Bill Line 2)
3,882.68
2009 Total Tax Amounts - Before Payments
3,686.34
2009 Special Assessments (Included in Total)
I 36.09
Payment Historv for Past Three Years
Date Paid Tax Year Principal Interests, Penalties and
Costs Amount Paid
10/07/2008 2008 1,959.39
0.00 1,959.39
06/20/2008 2008 1,959.38
78.38 2,037.76
10/09/2007 2007 1,700.60
0.00 1,700.60
OS/26/2007 2007 1,700.59
34.01 1,734.60
10/11/2006 2006 1,581.01
0.00 1,581.01
04/03/2006 2006 1,581.01
0.00 1,581.01
Installments Payable
Tax Year Installment Due Date Principal Interest, Penalties and
Costs Installment Total Cumulative Due Select to Pay
2009 1 05/15/2009 1,843.17 0.00
1,843.17 1,843.17 ~
2009 2 10/15/2009 1,843.17 0.00
1,843.17 3,686.34 D
Principal Interest, Penalties and Costs Installment Total Cumulative Due Select to Pay
Developed by ASIX, Incorporated.
@2004AII rights reserved.
Version 1.0.3202.21516
IS"
https://prtinfo.co.anoka.nm.us/(csea5z55k5ia3xy 1 tjmvxc55)/result.aspx 5/7/2009
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Invoice No. Andover roof
Creative Construction
"""""""""'~"""'=~-"''''.<-~.=m"''X'--''''''''='''''=^-~~='-'-'''.==_~"""z=r~YY"M'':.~""""'''''''%'''''''''7.."<"="""",_
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Customer ~
I Mise I I
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Name Ed Rabideau
I Date 111712006 i
Address -.....---...--.....--....---...-...-.-----.-.-..-.-..-...--....-.- I
Order No. -~--'---'-I
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City Andover
State mn ZIP I Rep
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------'---~_._.__._-._._~-~----._~---._~-._--------~.>.-
'---...---'----------.---------------.--,..--.------;-r-----_.
Qty '-- . Description .. . --_.-L Uni.!J'rice I TOTAL 1
30 ITo rea, off old shingle and, apply new shingles to roofand ga"'go i ! 'l
I new Ice and water everythIng up to code I I
! I $6,500.00 I $ -.
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Payment J Cash ! Tax Rate(s) ------.T-------J
Comments
I ~ TOTACI
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Name
i
-"-'-.-.--- ------~"<--...._-,~----......._.._-->
:Office Use Only .-----.---.--..-1
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<-~,'iltirY.!'~".::v.At;:;"!!.~'W'A~~~n,,~~~
Insert
Farewell Statement Here
\b
CITY
OF ANDOVER PERMIT NO.: 2006-05265
1685 CROSSTOWN BLVD NW
ANDOVER,
MN 55304- DATE ISSUED: IVO~2006
763 755-8700 FAX:
763 755-8923
ADDRESS : 1455148THLNNW
~-eC(t'U-tJ .\.'ro'lYl
PIN : 26-32..24-22-0004
' .
LEGAL DESC : OAK BLUFF
sc,\ RohtJel\v)(
: LOT 3 BLOCK I
PERMIT TYPE : BUILDING
PROPERTY TYPE : SINGLE-FAMILY RESIDENTIAL
CONSTRUCTION TYPE : ROOFING
NOTE: REROOF AND TEAR-OFF SHINGLES DUE TO STORM
RO. PHONE #763-434-2574
SPECIAL CONDITIONS: POST INSPECTION CARD ON SITE - PICTURES OF THE ICElWATER SHIELD ARE ALLOWED AND MUST BE
POSTED ON SITE FOR FIN1\L ROOF INSPECTION.
APPLICANT ROOFING PERMIT FEE
50.00
STATESURCHARGE-BLDG/FLAT 0.50
RABIDEAUX EDWARD A & MARY T
TOTAL 50.50
1455148THLNNW
ANDOVER, MN 55304
PAID WITH CHECK # 8225
rO
~, 'FLy') 0
OWNER
~f-~~,;) (vJ :/-?'Cp
RABIDEAUX EDWARD A & MARY T
1455 148TH LN NW
ANDOVER, MN 55304
vJ (PI ~ <0
AGREEMENT AND SWORN STATEMENT
flip
l. 11 0
I hereby certifY that I have read and examined this application
and know the same to be true and correct All provisions of
1'\
laws and ordinances governing this type of work will be
complied with whether specified herein or not The granting
of a pennit does not presume to give authority to violate or
cancel the provisions of any other state or local law regulating
construction or the p onnance of con n
~ I I
Date
This permit becomes null and void if construction authorized
is not commenced within 180 days, or if construction is "
suspended for a period of 180 days at any time after work is
commenced.
SEPARATE PERMITS REQUIRED FOR WORK OTHER THAN DESCRIBED ABOVE.
16 2009 4:41PM WALTERS RECYCLING
763-780-5620 p.1
Apr
I ~.ec~~utd
.Prom
EJ ~c..b Jo1 t'~\lY
IIItnI DLmpsm.
~ -"'4
i:.h..ialU~__"..;~~ew
11349 2W" ave NW
Elk River, Mn 55330
612-369-7183
To: Ed Rabideaux
From: Jason Bebeau-Mini Dumps Inc.
Date: 4116f2009
Re: Roll-om
As you requested I show Mini Dumps provided 2-20 yard commercial roll off boxes
for your rooIlJlg
project at 1455 148m Lane NW. Andover, These boxes were both filled withrooflngmaterial
and
dumped at Elk River Landfill. The boxes were delivered in November of2006 and
you were billed
$920.00 for this servIce in late Decemher of2006. Hopefully this information helps
you. Thanks for
the business Qver tbe years and don't hesitate to call for any large projects
in the future.
Jason Bebeau
~~
11349 219 ave NW
Elk River, Mn 55330
612-369-7183
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KICK OUT FLASHING c ~ t-.) ~~OJ}--
REQUIREMENTS
. Install the siding panel, making sure the lugs (from the snap
lock punch) lock Into the utility trim (Fig. 42).
Sidewall Flashing at Roof Lines
. Run the siding until the last full course under the roof area.
II Cut a diverter from aluminum trim sheet. making sure it sits
on the nail hem of the last full course (Fig. 43). Make sure
the diverter is placed inside the receiving pocket of the
vertical J-channel and Is tucked behind the nail hem of the
J~channel following the (ootline for best drainage.
;
. If a wateNeslstive barrier Is present, a cut should be made Figure 42.
in that barrier to allow the diverter to slip behind the roof
step flashing and the J-channels. That cut will need to be sealed with tape (approved by the
housewrap manufacturer) once the diverter is installed.
. As an alternative to the diverter, create a "klckout" from metal flashing, as shown in Fig. 44.
NOTE: "Kickoutflashing" (Fig. 44).J5 an additional flash-
Ing strip that extends beyond the edge of the fascia
that 15 req.uirea In some cold-climate localities.
Sheathlng'llo.
Water-resistive
l1arrier (hollsewrap)
t Figure 43.
Fi!3ure 44. .
(}\
LEAGUE OF CONNECTING & INNOVATING
MINNESOTA SINCE 1913
CITIES
June 5, 2009
Mary Rabideaux
13633 Van Buren Street NE, #214
Ham Lake, MN 55304
RE: LMCIT FILE NO.: 11068722
TRUST MEMBER: City of Andover
CLAIMANT: Mary Rabideaux
D/OCCURRENCE: 4-15-09
Dear Ms. Rabideaux:
The League of Minnesota Cities Insurance Trust (LMCIT) provides general liability coverage to
our trust member, the city of Andover. I have finished my investigation regarding the city's
inspection process for the roof construction that took place on your home in November of 2006.
My investigation revealed the city's inspection process was appropriate. There is no special or
private duty owed by the city to guarantee the work done on your roof. The inspection process is
designed to protect the public at large and cannot be the basis for a negligence action. The
building permits are not intended as insurance policies by which the city guarantees each building
is built in compliance with building codes and zones.
We regret we cannot provide you with a more favorable resolution to your claim. If you have any
questions, please feel free to contact me at my direct dial: 651-215-4060.
Sincerely,
Phillip S. Trebatoski
Claims Adjuster
c: Lee Brezinka, City of Andover
Jim Dickinson, City of Andover
Brian Pulczinski, LMCIT
Mark Lenz, T C Field & Co.
LEAGUE OF MINNESOTA CITIES
INSURANCE TRUST 145 UNIVERSITY AVE. WEST PHONE: (651) 281-1200 FAX: (651) 281-1297
CLAIMS DEPARTMENT ST. PAUL, MN 55103-2044 TOLL FREE: (800) 925-1122
WEB: WWW.LMC.ORG
?~
LEAGUE OF CONNECTING & INNOVATING
MINNESOTA SINCE 1913
CITIES
June 10,2009
Mary Rabideaux
13633 Van Buren Street NE, #214
Ham Lake, MN 55304
RE: LMCIT FILE NO.: 11068722
TRUST MEMBER: City of Andover
CLAIMANT: Mary Rabideaux
D/OCCURRENCE: 4-15-09
Dear Ms. Rabideaux:
I received your letter dated June 8, 2009. I reviewed the facts again with the file supervisor, Brian
Pulczinski. In response to your inquiries regarding the investigation process, the League of
Minnesota Cities Insurance Trust (LMCIT) requires collection of all facts, which are taken into
evaluation based on the merits of each claim. The facts needed for each investigation differ,
depending on the claim.
LMCIT will not provide any copies of the documents contained in my file, which is considered a
confidential work product. The interviews conducted and my thought processes during an
investigation are not classified as public information. If you would like to receive copies of any
public records, you will have to make a written record request with the city of Andover.
As for your final question, Mark Lenz ofT.C. Field & CO. is the city's insurance agent.
To further explain my decision, I believe the Public Duty Doctrine applies to this claim. The
Public Duty Doctrine precludes a negligence claim against a city. It states a city does not owe a
duty to an individual citizen when performing certain municipal functions, but to the public as a
whole. Under this doctrine, even if the city did something wrong that would constitute a breach of
duty of care, a plaintiff cannot prevail in a claim for negligence against the city.
I assure you that I completed a thorough investigation into your claim for damages. We maintain
our denial of liability.
LEAGUE OF MINNESOTA CITIES
INSURANCE TRUST 145 UNIVERSITY AVE. WEST PHONE: (651) 281-1200
FAX: (651) 281-1297
CLAIMS DEPARTMENT g:; ST. PAUL, MN 55103-2044 TOLL FREE: (800)
925-1122 WEB: www.LMC.ORG
LMCIT FILE NO.: 11068722
June 10,2009
Page 2
If you have any more questions, please feel free to contact me at my direct dial: 651-215-4060.
Sincerely,
Phillip S. Trebatoski
Claims Adjuster
c: Lee Brezinka, City of Andover
Jim Dickinson, City of Andover
Btiah Pulczinski, LMCIT
Mark Lenz, T C Field & Co.
"'1
@
C I T Y o F
NDOVE
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW I.ANDOVER.MN.US
TO: Mayor and Council Members -
CC: Jim Dickinson, City Administrator
FROM: David D. Berkowitz, Director of Public Works/City Engineer
SUBJECT: Discuss Resident Storm Water Drainage Issues - Engineering
DATE: June 23,2009
INTRODUCTION
Staff is requesting direction from the City Council on how to proceed with drainage issues that
affect resident's properties and homes.
DISCUSSION
Every year storm water drainage issues are identified by staff through resident concerns or calls
for assistance to pump properties that are being affected by flooding. In some cases a low area on
the property will flood or in extreme cases the house will be impacted.
This past February there was a rain that accelerated a quick snow melt. As you know when frost
is in ground the water does not infiltrate and will hold in low areas unless it is pumped out or the
frost breaks. Specifically this past February two properties had flooding in the lower level of their
homes. These cases will be discussed at the meeting.
Staffhas found that most of the flooded areas are within plats/developments that were constructed
over 20 years ago. The standards and requirements for plats were followed at that time. Many
things have changed since then to ensure that there are safe guards against such drainage related
issues. Site grading now requires an asbuilt grading plan to ensure that the site is graded
according to the plan that has been extensively reviewed by staff. The asbuilt is reviewed by staff
and certified by the developer's engineer. Emergency overflows are required within the
development and a final grading inspection is required on all new home lots before a certificate of
occupancy is issued.
There are two different flooding scenarios that we deal with. The most critical scenario is when a
house and/or garage is impacted. The second scenario is when a low area within a property holds
water in the spring or during heavy rain event. Examples of both scenarios will be discussed.
ACTION REQUIRED
The City Council is requested to discuss storm water drainage issues and directed staff on how to
proceed with dealing with such flooding issues.
Respectfully submitted,
Q~CJ~
David D. Berkowitz
C I T Y o F (3)
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 Administrato
FROM: Will Neumeister, Community Development Director wi
SUBJECT: Update on Implementing Single Family Rental Licensing Program
DATE: June 23, 2009
INTRODUCTION
The City Council recently adopted the single family rental licensing program (on May 19th).
Staff has been working to assemble the list of non-homestead properties in the city. The list is
currently showing approximately 850 non-homesteaded parcels. The City had been previously
licensing multi-family and those are included in the number. So, once those are removed we
believe there will be a mailing to approximately 740 properties that potentially need to be
licensed. Some on the list may be "second" homes and until we hear back from the owner we
don't know if they are being rented out or not.
DISCUSSION
Staffhas put the legal publication in the newspaper and anticipated the licensing program will be
ready to be implemented on July 1 st. We recently had the software installed (on a trial basis) to
begin to make it easier to track this number of housing units that will need licensing.
Weare working with the entire code enforcement/planning and building department staff to be
able to have everyone assist in the initial inspection and licensing process. We anticipate this
could take three or four months to get around to every property for a visual inspection.
ACTION REQUESTED
Council is asked to approve the letter that will go out to the property owners (see attached). If
the Council would like it changed, feel free to mark it up and we will discuss it at the meeting.
Respectfully Submitted, ~
Will Neumeister
Attachments
Letter going to property owners
Newsletter article
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
June 23, 2009
Subject: Rental Property Licensing Requirements
Dear Andover Property Owner:
You are being mailed this letter as a result of your property showing up on the
Anoka County records as being non-homesteaded. If you are not renting out
the property, the City will need you to sign an affidavit and have it notarized
indicating that. If you are renting out the property, you will need to fill out
the attached application for a rental license. This is being requested of you
because the City Council recently adopted an ordinance updating the City
licensing of all rental property. The goal of the updated regulations is to
ensure that all rental property in Andover is well maintained and that problem
tenants do not negatively impact other citizens.
Starting in July 2009, if you own rental property in Andover, here is what you
need to know:
. All rental properties are required to be licensed. This includes duplexes,
townhomes, and detached single-family homes. The rental license fee for
each unit is $50 (every two years). The rental license application is
enclosed along with information related to the details of the new program.
All rental property is inspected (exterior of building and grounds). One of
the attached items is a checklist of exterior items on the property to help
inform you of what will be required to be routinely maintained and will be
inspected. Exterior inspections would be done within a short period of
time after the initial application and re-inspections at time of receipt of a
valid complaint.
. The number of police calls to rental properties will be monitored. When
the number of certain types of police calls exceeds an established
threshold, the owner will be required to come before the City Council and
present a mitigation plan as to how they are going to correct this. If not
corrected, the license may be revoked.
For more information on rental licensing call City Hall at 763-755-5100.
RECYCLE YOUR FLOWER POTS d N~'\Vsletter article \\
At the Recycling Center, we now have a only through the summer months. Recycling Day again on September 12th
large box inside the recycling building from 9:00 a.m. to I :00 p.m.
for containers from your flowers and As a reminder, for those of you who shred
vegetables that you planted this spring. your papers, please put them into paper
They don't need to be washed, just shake bags and fold the top down. We will have
the dirt out of them. We will have this the secure document shredding truck on
RENTAL PROPERTY LICENSING REQUIREMENTS IN PLACE
The City Council recently adopted an . All rental property is inspected not corrected, the license may be revoked.
ordinance updating the City licensing of (exterior of building and grounds). A
rental property. The goal of the updated checklist of exterior items on the property Forms and informational items on the
regulations is to ensure that all rental will be provided to the owner to help rental licensing program are located on the
property in Andover is well maintained them understand what is to be routinely City's web site www.ci.andover.mn.us. For
and that ~problem tenants do not maintained and will be inspected. Exterior more information on rental licensing call
negatively Impact other citizens. Starting inspections would be done within a short City Hall at (763) 755-5100.
in July 2009, if you own rental property, period of time after the initial application
here is what you need to know: and re-inspections at time of receipt of a
valid complaint.
. All rental properties are required
to be licensed. This includes duplexes, . The number of police calls to
townhomes, and detached single-family rental properties will be monitored. When
homes. The rental license fee for each unit the number of certain types of police
is $50 (every two years). The rental license calls exceeds an established threshold, the
application is available at City Hall or owner will be required to come before the
may be found on the City website - www. City Council and present a mitigation plan
ci.andover.mn. us. as to how they are going to correct this. If
ANDOVER JUNIOR
HUSKIES
The Andover Junior Huskies will offer
an introduction to Skating & Hockey for
3-6 year old girls & boys at the Andover
Community Center with summer pro-
grams on Tuesdays starting July 281h and
Sundays starting August 2n".
Cost of the program is $59 and registra-
tions can be done online at www.ahyha.
com
Any questions, please contact the
Director of Junior Huskies, Aaron
Gardner at (763) 213-1300, or aaron.
gardn er(W,co l11cas t.n et
MovelTooay Page 7
(!)
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: Discuss Kelsey Round Lake Park Mitigation Options - Engineering
DATE: June 23, 2009
INTRODUCTION
The City Council is requested to discuss the status of the Kelsey Round Lake Park wetland
mitigation site and direct staff on how to proceed with the wetland establishment.
DISCUSSION
In 2001 a portion of Kelsey Round Lake Park was utilized as a wetland mitigation site as part of the
Andover Boulevard Extension project west of Crosstown Boulevard. The roadway extension was
constructed through a portion of an existing wetland. The first option when dealing with wetlands
as part of a project is to try and avoid the impact. This was not a feasible option. The second option
was to replace the wetland by creating a wetland mitigation site. The mitigation option was the
most feasible option at the time of construction.
At the time of construction all indications available showed that Kelsey Round Lake Park would be
a good location for a mitigation site due to the opened land, natural amenities of the Park and the
existing water table. Once the mitigation area was excavate, seeded and restored and a five year
monitoring process began which is required to ensure the wetland is established.
In 2005 it was determine through the monitoring process that upland vegetation growth was within
the south mitigation area. This is an indication that the water table compared to the mitigation area
elevations were too low to establish and support wetland vegetation. Public Works staff lowered
the basin by 6 to 8 inches to get the bottom elevation closer to the water table. The water table was
identified within 6 to 12 inches from the finished elevation and in some areas near the surface.
In 2007 it was determined that the water table had lowered dramatically affecting the wetland
establishment. Recently the water level was evaluated and know is over 3 feet below the elevation
of the mitigation site. This. makes it virtually impossible to establish wetland vegetation.
Mayor & Council Members
June 23, 2009
Pg. 2 of2
The options that are available to meet the wetland replacement requirements are as follows:
1. Request an extension from the LRRWMO and continue to evaluate over the next few
years.
2. Purchase wetland credit at $0.33 to $0.75 per square foot. At 3.6 acres the total cost
would be between $52,000 and $118,000.
3. Excavate the mitigation site to try and establish the mitigation site. This would cost
approximately $30,000 plus expenses to monitor the site. Along with the cost
additional area would be required to construct the side slopes at a maximum 4 to 1
slope.
The pros and cons of each item will be discussed at the meeting.
Deric Deuschle, Biologist with SEH will be attending the meeting to provide background and
insight on the mitigation site.
Attached is the Technical Evaluation Panel (TEP) Findings of Fact, email from Mark Wilson
(LRRWMO representative and member of the TEP) and emails from Deric Deuschle providing
additional information.
ACTION REQUESTED
The City Council is requested to discuss the status of the Kelsey Round Lake Park wetland
mitigation site and direct staff on how to proceed with the wetland mitigation establishment.
Respectfully submitted,
CU~0.
David D. Berkowitz
Attach: Technical Evaluation Panel Findings of Fact, Email from Mark Wilson (LRRWMO
representative and member of the TEP) and emails from Deric Deuschle (SEH).
c.c. Deric Deuschle, SEH
M~Y-1S-2009 10:34 13RRR ENGINEERING 9528322601 P.04/04
May. r5~ ZO;~'9 to:: 10^~ ., N () .432'0 P. 4
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From: Mark Wilson
Sent: Wednesday, November 12,2008 12:47 PM
To: 'Deric Deuschle'
Cc: 'Steve Jankowski'; Bob Obermeyer; 'DBerkowitz@ci.andover.mn.us'; 'Dennis Rodacker';
Iynda. peterson@bwsr.state.mn.us
Subject: Kelsey Round Lake Park- Southern Wetland Mitigation Site
Deric,
On September 301 2008, Dennis Rodacker and I conducted a site visit at the southern Kelsey Round Lake Park wetland
mitigation site. After two complete growing seasonsl based on the dominance of upland vegetation I the majority of the
basin appears to lack wetland hydrology. In additionl based on the abundance of weedy species in the basin, it seems
that the seeding which should have taken place after 2006 regarding was ineffective and/or little or no vegetation
management has taken place since then. Given the current status of the basin, during the beginning on the 2009 growing
season I an on-site TEP meeting will be held to review the project history and seek input regarding potential options the
city of Andover may consider. Dennis and I look forward to reviewing the 2008 Annual Monitoring Report, which should
include an as-built of the southern proposed wetland mitigation basin.
Mark E. Wilson
Wetland Biologist
Barr Engineering Company
Engineers for Lower Rum River Watershed Management Organization
4700 West 77th Street
Minneapolisl MN 55435-4803
Phone: 952-832-2610
Fax: 952-832-2601
3
Dave Berkowitz
From: Deric Deuschle [ddeuschle@sehinc.com]
Sent: Tuesday, June 021 20096:31 AM
To: Dave Berkowitz
Cc: Kameron Kytonen
Subject: Re: FW: Andover Boulevard: Kelsey Round Lake Park- Southern Wetland Mitigation Site
Attachments: Andover_Blvd_ TEP _FOF.pdf; Figure_1.pdf
If we were close, I would suggest that. The groundwater is so low out there, and we have had no rain since we were out
there so I'm sure it is a lot lower. It will take years of normal or above average rainfall to get any hydrology back. It would
be a way to stall a bit, but we have no evidence to suggest that this deficit is temporary and will correct itself in the short
term. I suspect that the agencies will not support extending it longer, but we can always ask.
Deric Deuschlel CWO
Biologist
SEH
3535 Vadnais Center Drive
St. Paul, MN 55110-5196
651.490.2114
ddeuschle@sehinc.com
www.sehinc.com
"Dave Berkowitz" <D.Berkowitz@andovermn.gov> To "Deric Deuschle" <ddeuschle@sehinc.com>
cc "Kameron Kytonen" <KKytonen@cLandover.mn.us>
06/01/200903:34 PM Subject FW: Andover Boulevard: Kelsey Round Lake Park- Southern Wetland Mitigation Site
Deric,
Do you think we should ask for a two to three year extension from the LRRWMO to see if conditions change?
From: Mark Wilson [mailto:MWilson@barr.com]
Sent: Tuesday, May 26,20099:13 AM
To: Mark Wilson; tkelly@cooncreekwd.org; TimothyJ.Fell@usace.army.mil; Dennis Rodacker; Dave Berkowitz; Deric
Deuschle; Lynda Peterson (BWSR)
Cc: Bob Obermeyer; Steve Jankowski; Todd Haas
Subject: RE: Andover Boulevard: Kelsey Round Lake Park- Southern Wetland Mitigation Site
Hello All,
Attached is the Technical Evaluation Panel Findings of Fact and referenced figure for the Andover Boulevard Wetland
Replacement Area: Kelsey Round Lake Park.
Mark E. Wilson
Senior Wetland Biologist
Barr Engineering Company
Engineers for Lower Rum River Watershed Management Organization
4700 West 77th Street
Minneapolis, MN 55435-4803
Phone: 952-832-2610
Fax: 952-832-2601
1
Dave Berkowitz
From: Deric Deuschle [ddeuschle@sehinc.com]
Sent: FridaYI May 081 2009 10:36 AM
To: Dave Berkowitz
Subject: RE: Wetland credits
Quick answer: Deficiency is 3.6 acres.
The application was for the creation of 2.5 acres of new wetland, 1.2 acres of buffer, and 0.14 acres of wetland veg
replacement, for a total credit creation of 3.84. This is just for the southern site.
For the road project, the amount of fill (106,642 sf), at 2: 1, required 4.90 acres of credit. Assuming the north area
provides the full amount proposed (1.30 acres), the deficiency (credit need) is 3.6 acres, which can be divided between
new wetland and upland buffer.
The mitigation site had some contingency associated with it, and was slightly greater than the amount needed for
replacement. Thafs why the numbers are off a little bit.
Fastest track to take would be to verify the amount of wetland on the north side, add in as much buffer as we can (which
could add 0.5 to 1 acre, potentiallY)1 and buy the rest. Assuming that we get half acre of buffer, we would have a credit
need of 3.1 acres (135,036 sf). At 35 cents a square footl the cost would be $47,626. At 50 cents it would be $671518.
BWSR will also nab a few grand for the transmittal fee, but I would think we could find something in this range. This
assumes that the watersheds will let the project go out far enough to take advantage of the cheaper credits.
Not cheap, but making a new 3-acre site will be expensive (especially if you have t purchase land). Retooling the site will
also be expensive, but we'd have to run some construction costs to get a good comparison.
Deric Deuschlel CWD
Biologist
SEH
3535 Vadnais Center Drive
St. Paul, MN 55110-5196
651.490.2114
ddeuschleausehinc.com
www.sehinc.com
"Dave Berkowitz" <D.Berkowitztmandovermn.Qov> To "Deric Deuschle" <ddeuschle@sehinc.com>
cc
05/08/200910:16 AM Subject RE: Wetland credits
Is the total acreage needed 4.5 acres? 2.3 wetland, 1.2 buffer?
From: Deric Deuschle [mailto:ddeuschle@sehinc.coml
Sent: Friday, May 08,20098:21 AM
To: Dave Berkowitz
1
Dave Berkowitz
From: Deric Deuschle [ddeuschle@sehinc.com]
Sent: FridaYI May 08, 2009 8:21 AM
To: Dave Berkowitz
Subject: Wetland credits
Attachments: Bank Service Areas.pdf
By regulationl Andover is placed within Bank Service Area 7. If the option to purchase wetland credits is pursued, you
should be able to obtain credits from anywhere within the bank service area.
We have completed recent transactions within this areal with prices ranging from 75 to 33 cents per square foot of credit
when you take it out to Stearns and Kanabec County. (Yesl there is a small part of Kanabec within the Rum watershed.
I would think we would be able to get credits in this range, which may be the cheapest alternative when you figure in the
time to secure establishment of any site redols. We will definitely need to look at the pros and cons of all the alternatives
ways to deal with this deficiency.
Deric Deuschlel CWD
Biologist
SEH
3535 Vadnais Center Drive
St. Paul, MN 55110-5196
651.490.2114
ddeuschle@sehinc.com
www.sehinc.com
1
Wetland Bank Service Areas
With
Major Watersheds &
County Boundaries
;:-1 Counties
.........
@
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: Speed Limit Signing in Rural Areas - Engineering
DATE: June 23,2009
INTRODUCTION
A law was recently passed to allow posting of 35 MPH speed limits within rural residential areas.
The law goes into affect on August 1, 2009. Staff is looking for direction from the City Council
on how aggressive staff should pursue installing the signs.
DISCUSSION
The new 35 MPH speed limit within rural residential areas is only enforceable if the signs are
posted at the entrance ofthe development area. Currently sign posts are being placed in Zone 4
for the new speed limit signs and the signs will be installed after August 1 st. Zone 4 is the
scheduled zone for sign updates and replacements this year. A large zone map will be available at
the meeting for discussion. Also for the 2009 Street Reconstruction project, the new speed limit
signs will be installed when the project is complete. Signing is updated on all reconstruction
projects.
To install these signs in the entire rural area ofthe City it will cost approximately $20,000. Ifwe
were aggressive with current staffing and current budgets this work could be completed within the
next three years. If additiomil funding is not available this could take up to 5 years to complete.
The budget impact is the concern, all departments have been requested to reduce the current 2009
budget by 5% to meet state aid cuts.
There is a grant program from 3M that staff is currently pursuing. The grant allows a 33% cost
savings for purchasing signs through 3M. There remains $30,000 out of $50,000 within the signs
budget to purchase material that is used to add new signs or replace old signs. Utilizing the
$30,000 toward the purchase of sign material would allow the City to purchase $10,000 more in
material as part of the grant.
ACTION REQUIRED
The City Council is requested to discuss the speed limit signing and direct staff on how to proceed
with budgeting and the installation time frame.
Respectfully submitted,
(7)~.
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 ofPubhc
FROM: Todd J. Haas, Asst. Public Works Director
SUBJECT: Review Revised Lease Agreement for Athletic Associations - Engineering
DATE: June 23, 2009
INTRODUCTION
This item is in regard to considering revising the Lease Agreement with the various associations that
currently store their equipment in city owned buildings/facilities to require a damage deposit
escrow.
DISCUSSION
Staff is recommending that new lease agreements be approved for the associations (Andover
Athletic Association, North Metro Soccer Association, Andover Area Lacrosse Association, and the
Andover Football Association). The revised agreements with each of the associations would include
a damage deposit escrow fee. Attached is the revised lease agreement for your review.
The amount for the associations to lease space from the city is recommended to stay at $1.00 per
year, but with a damage deposit escrow of $2000 per association. If the associations fail to repair
the damage or cleanup after they have received proper notification by the city, the city will repair the
damage or cleanup and the association will be invoiced by the city. Failure to pay the invoice will
result in the damage deposit escrow being utilized.
With the new Andover Station North Ball Field Facilities building upstairs now being worked on by
the Andover Baseball Association (ABA), a lease agreement will be necessary. In talking with Mike
Keeney, Facilities Director for ABA, the upstairs work is being worked on and the painting, trim
boards and the carpet is anticipated to be completed by the end of July or early August. Mr. Keeney
has indicated that teams will be returning the equipment in August and they would prefer to store
the equipment at ASN.
ACTION REQUESTED
The City Council is requested to review and provide input regarding the proposed revised lease
agreement, in particular the damage deposit escrow. If the agreement is acceptable to the Council,
this item will be brought to the July ih regular scheduled City Council meeting for formal approval.
The associations will be provided a copy of the revised lease agreement for comment before the
meeting.
Respectfully submitted,
Todd J. Haas
LEASE AGREEMENT
THIS LEASE MADE and entered into this 7th day of July, 2009, by and between the City of
Andover, a municipal corporation, hereinafter called "Andover", and (Nflme of A!';!';oc1f1tion), a nonprofit,
hereinafter called "(AAA/ ARA/NMSA/ AA LA/ AFA)".
1. PREMISES DEMISED. That in . consideration of the covenants and agreements
hereinafter mentioned to be performed by the respective parties hereto, and in payment of rental
hereinafter designated to be made by (Nflme of A!';!';ocifltion) in accordance with the provisions under this
lease, Andover has by these presents let, leased, rented and demised unto (Nflme of A !';soci flti on )) its
successors and assigns, and (Nflme of A!,;soc1f1tion) takes and hires from Andover, those certain premises
described as follows:
N9me of Ruilding or F9dlity, Andover, Minnesota 55304
2. TERM. The term of this lease shall commence on the 1st day of August 1, 2009, and
continue until December 31, 2009. Upon expiration, this lease shall automatically renew on an annual
basis through December 31, 2015.
3. RENT. (Nflme of A!';socifltion) shall pay to Andover as and for rent for the leased
premises, in advance of this lease the sum of One Dollar and no/l 00 ($1.00) Dollar per year commencing
on January 1,2010.
4. INSURANCE COVERAGE. (Nflme of A!';!';ocifltion) will keep in force at its own
1
expense so long as this Lease remains in effect, public liability insurance with respect to the Leased
Premises with companies and in form acceptable to Andover with minimum limits of $1,000,000 on
account of bodily injuries or death of one person, and $1,000,000 on account of bodily injuries to or
death of more than one person as the result of anyone accident or disaster, and property damage
insurance with minimum limits of $1,000,000. All such insurance shall name Andover as additional
insured.
5. USE OF THE PREMISES. (Name of Association) agrees that it shall have the
nonexclusive use of the premises solely for the storage of athletic equipment in the City of Andover.
(Name of Association) shall not have the right to use the premises for any other purposes without the
express written approval of Andover.
6. MAINTENANCE. (Name of Association) agrees to keep the premises continually in a
neat, clean and respectable condition, and shall remove all trash and garbage at the end of the lease which
has accumulated on the premises.
7. Damage Deposit Escrow. (Name of Association) agrees to deposit a damage deposit fee
as determined in the City Fee ordinance for any damage that may have occurred by the association.
Along with damage, the escrow can be used by the city for cleaning and/or removing trash and garbage
that may have accumulated on the premises outside of the normal trash pickup.
8. INDEMNITY. Andover (including its partners, employees, agents and representatives)
shall not be liable to (Name of Association), or those claiming through or under (Name of Association),
2
for any injury, death or property damage occurring in, on or about the premises, and (N~me of
A!':!':oci~tion) shall indemnify Andover and hold it harmless from any claim or damage arising out of any
injury, death or property occurring in, on or about the demised premises and (N~me of A!':!':oci~tion) shall
indemnify Andover and hold it harmless from any claim or damage arising out of any injury, death or
property damage occurring in, on or about the leased premises to (N~me of A!':!':oci~tion) or to an
employee, customer or invitee of(N~me of A!':soci~tion).
9. ASSIGNMENT AND SUBLETTING. (N~me of A!':!':oci~tion) will not assign, transfer,
or encumber this lease or sublet or rent or use of the demised premises, or any part thereof by any third
party, without obtaining the prior written consent of Andover.
10. ALTERATIONS. (N~me of A!':!':oci~tion) will not make or permit anyone to make any
alterations, improvements, structural or otherwise, in or to the demised premises without the prior written
consent of Andover.
11. DEFAULT. If (N~me of A!':!':oci~tion) shall fail to pay the installment of rent as herein
provided, although no legal or formal demand has been made therefore, or shall violate or fail to perform
any of the other conditions, covenants or agreements herein made by (N~me of A!':!':oci~tion), or shall
violate or fail to obey any reasonable rules from time to time promulgated by Andover, Andover may, ten
(10) days after written notice thereof to (N~me of A!':!':oci~tion) by Andover, at the option of Andover,
terminate this lease and said notice shall operate as a notice to (N~me of A!':!':oci~tion) to quit (any further
notice to quit, or of Andover's intention to re-enter being hereby expressly waived) and Andover may
proceed to recover possession under and by virtue of the provisions of the laws of the state in which the
3
building is located, or by such other proceedings, including an unqualified right of re-entry and
possession, as may be applicable. If Andover elects to terminate this lease, all obligations herein
contained on the part of Andover to be done and performed shall cease, but without prejudice to the right
of Andover to recover from (Nl'Ime of ASSocll'ltion) all past or future rentals and damages.
12. TERMINATION. In the event of termination of this lease, prior to the term hereof, for
any reason other than the default of the parties hereto, all rental payments, insurance and other obligations
of the parties hereto shall be prorated as of the date of said termination.
13. BINDING ON SUCCESSORS AND ASSIGNS. It is further expressly agreed and
understood that all covenants and agreements herein made shall extend to and be binding upon the heirs,
devisees, executors, administrators, successors. in interest, and assigns of Andover, and of (Nl'Ime of
Associl'ltion), as permitted above.
14. NO PARTNERSIDP. Nothing contained in this lease shall be deemed or construed to
create a partnership or joint venture of or between Andover and (Nl'Ime of ASSocll'ltion),or to create any
other relationship between the parties hereto other than that of Landlord and Tenant.
15. APPLICABLE LAW. There are no understandings or agreements not incorporated in
this lease. This is a Minnesota contract and shall be construed according to the laws of Minnesota. The
captions in this lease are for convenience only and are not a part of this lease.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands the day and year fIrst
above written.
4
LANDLORD:
City of Andover
By
Its
By
Its
TENANT:
(Name of Association)
By
Its
By
Its
STATE OF MINNESOTA )
) ss.
COUNTY OF )
On this _ day of , 19_, before me, a Notary Public within and for said
County, personally appeared and , to me known to be
the and ofNMSA, a non-profit under the laws of the State of
Minnesota, and that they executed the foregoing instrument and acknowledged that they executed the
same on behalf of said corporation.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF )
On this _ day of , 19_, before me, a Notary Public within and for said
County, personally appeared and , to me known to be
5
the and of the City of Andover, a municipal corporation
under the laws of the State of Minnesota, and that they executed the foregoing instrument and
acknowledged that they executed the same on behalf of said municipal corporation.
Notary Public
This instrument was drafted by:
City of Andover
6
C I T Y 0 F ~
NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and Councilmembers
FROM: Jim Dickinson, City Administrator
SUBJECT: 2010-2014 Capital Improvement Plan Discussion
DATE: June 23, 2009
INTRODUCTION
In early May, AdministrationlFinance held a 2010-2014 CIP kick-off meeting with Department
Heads where discussion centered on the 2010-2014 CIP development calendars and the need for
other committees (Vehicle Purchasing & Facility Management Committees) and commissions
(Parks and Recreation & Community Center Advisory) to start their work to meet the deadlines
scheduled, attached is a 2010-2014 CIP Development Calendar (pg 3). Since Mayall
committees and commissions identified are making progress on their 2010-2014 CIP
development roles.
DISCUSSION
Throughout the summer it is anticipated that a significant amount of time will be spend on
evaluating the water/sewer infrastructure, transportation improvements, building maintenance,
and park and recreation needs. Each of these items will need to be supported by a detailed cash
flow/fund balance analysis.
At this time the Staff would like to provide the Council with the "to-date draft" 2010-2014 CIP
Proiect listing (pages 3-7) and review with the Council the Road and Bridge Funding forecasts
(pages 8-10) based on proiected needs.
ACTION REQUESTED
The Council is requested to review the various attachments, receive a brief presentation and
provide direction to staff on the 2010-2014 CIP.
- ~
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City of Andover, MN
Capital Plan
2010 thru 2014
PROJECTS & FUNDING SOURCES BY
DEPARTMENT
Department
Project# Priority 2010 2011
2012 2013 2014 Total
ICentral Equipment I
Replacement - Hotsy Pressure Washer
12-48800-01 3
7,000 7,000
Cen~aIEqu~mentfUnd
7,000 7,000
Replacement - Service Truck
13-48800-01 2
30,000 30,000
Cen~al Equipment Fund
30,000 30,000
Replacement - Floor Sweeper
13-48800-02 3
35,000 35,000
Cen~al Equipment Fund
35,000 35,000
Central Equipment Total
7,000 65,000 72,000
ICommunity Center ,
Replacement - Zamboni Battery Pack
11-44000-01 2 7,000
7,000
Community Center Operations
7,000
7,000
Community Center Total
7,000
7,000
IElections ,
Replacement - Voting Equipment
10-41310-01 1 110,000
110,000
Capital Projects Levy
110,000
110,000
Elections Total
110,000
110,000
IEngineering I
New Development Projects
10-41600-01 1 80,000
125,000 175,000 180,000 560,000
Sewer Trunk Fund
65,000
100,000 35,000 145,000 345,000
Water Trunk Fund
15,000
25,000 140,000 35,000 215,000
Pedestrian Trail Maintenance
10-41600-02 1 54,000
55,000 56,000 57,000 58,000 280,000
Road & Bridge Funds
54,000 55,000
56,000 57,000 5B,000 2BO,000
Replacement - Blazer #11
11-41600-01 2
30,000 30,000
Equipment Bond
30,000 30,000
Engineering Total
54,000
135,000 211,000 232,000 238,000 870,000
IFacility Management I
Annual Parking Lot Maintenance
10-41900-01 1 23,000
24,000 25,000 26,000 27,000 125,000
Capital Projects Levy
23,000 24,000
25,000 26,000 27,000 125,000
Carpet I Tile Replacement
10-41900-02 2 10,000
10,000 10,000 30,000
Capital Projects Levy
10,000
10,000 10,000 30,000
Building A - Seal Floor
11-41900-02 1 8,000
9,000 17,000
Capital Projects Levy
B,ooO
9,000 17,000
Surface Seal all Brick Structures
12-41900-01 1
75,000 75,000
Capital Projects Levy
22,500 22,500
Thursday, June 18, 2009
'3
Department Project#
Priority 2010 2011 2012 2013
2014 Total
Community Center Operations
32,000
32,000
Water Fund
20,500
20,500
Roof Replacements 12-41900-02
1 300,000
300,000
Capital Equipment Reserve
300,000
300,000
Addition to Storage Building & Vehicle Main!. Shop
12-41900-03 1 2,200,000
2,200,000
G.O. Bond
2, 200,000
2,200,000
Fire S!. #2 Addition with additional land purchase
12-41900-04 2 885,000
885,000
G.O, Bond
885,000
885,000
Salt Storage Building 12-41900-05
1 400,000
400,000
G.O, Bond
400,000
400,000
Recycling Building & Fence 12-41900-06
1 250,000
250,000
G.O. Bond
250,000
250,000
Attached Storage Building 12-41900-07
1 250,000
250,000
G.O, Bond
250,000
250,000
Relocate Fuel Station w/ Canopy 12-41900-08
2 280,000
280,000
G,O, Bond
280,000
280,000
Land Purchase 13-41900-01
1 1,500,000
1,500,000
Building Fund
1,500,000
1,500,000
Pedestrian Tunnel Under Crosstown Blvd. 13-41900-02
1
450,000 450,000
G.O, Bond
450,000
450,000
Facility Management Total
33,000 32,000 4,675,000 1,985,000
37,000 6,762,000
IFire I
Replacement - Fire Engine #11 10-42200-01
1 225,000
225,000
Capital Equipment Reserve
225,000
225,000
Replacement - Ladder Truck #11 11-42200-01
1 500,000 500,000
1,000,000
Equipment Bond
500,000 500,000
1,000,000
Replacement - Fire Chiefs Vehicle 11-42200-02
2 45,000
45,000
Equipment Bond
45,000
45,000
Replacement - Rescue #11 11-42200-03
2 50,000
50,000
Equipment Bond
50,000
50,000
Replacement - Fire Marshall Vehicle 11-42200-04
2 40,000
40,000
Equipment Bond
40,000 '
40,000
Replacement - Grass #31 12-42200-01
2 45,000
45,000
Equipment Bond
45,000
45,000
Water/Ice rescue boat 12-42200-02
1 20,000
20,000
.Equipment Bond
20,000
20,000
Replacement - Utility #4 13-42200-01
2 32,000
32,000
Equipment Bond
32,000
32,000
Replacement - Utility #5 13-42200-02
2 32,000
32,000
Equipment Bond
32,000
32,000
Replacement - Grass #21 13-42200-03
2 45,000
45,000
Equipment Bond
45,000
45,000
Replacement - Tanker #11 14-42200-01
2
340,000 340,000
Equipment Bond
340,000 340,000
Fire Total
225,000 635,000 565,000 109,000
340,000 1,874,000
IPark & Rec - Operations I
Replace/Repair Play Structures - Various Parks
10-45000-01 1 45,000 45,000 45,000
45,000 45,000 225,000
Capital Projects Levy
45,000 45,000 45,000 45,000
45,000 225,000
New - Zero turn mower 10-45000-02
1 8,500
8,500
~
Thursday, June 18, 2009
Department Project#
Priority 2010 2011 2012 2013
2014 Total
Capital Projects Levy
8,500
8,500
Replacement - Large Capacity Lawnmower #580 12-45000-01
1
112,000 112,000
Equipment Bond
112,000
112,000
Replacement - Toro Groundsmaster, #559 12-45000-02
1
23,000 23,000
Equipment Bond
23,000
23,000
Replacement- One Ton Truck wi Plow, #599 12-45000-03
2
65,000 65,000
Equipment Bond
65,000
65,000
Replacement - One Ton Truck wi Plow #503 13-45000-01
2
65,000 65,000
Equipment Bond
65,000 65,000
Replacement- Trailer, T-554 13-45000-02
2
10,000 10,000
Equipment Bond
10,000 10,000
Replacement - One Ton Crew Cab Pickup #502 14-45000-01
1
50,000 50,000
Equipment Bond
50,000 50,000
Park & Rec - Operations Total
53,500 45,000 245,000
120,000 95,000 558,500
IPark & Rec - Projects ,
Annual Miscellaneous Park Projects 10-45001-01
1 15,000 15,000
15,000 15,000 15,000 75,000
Park Improvement Funds
15,000 15,000 15,000
15,000 15,000 75,000
Irrigation Improvements 11-45001-1
2 50,000
50,000
Park Improvement Funds
50,000
50,000
Park & Rec - Projects Total
15,000 65,000 15,000
15,000 15,000 125,000
IPlanning & Zoning I
Replacement - Ford Taurus #15 12-41500-01
2
25,000 25,000
Equipment Bond
25,000
25,000
Planning & Zoning Total
25,000
25,000
ISanitary Sewer I
Crosstown Blvd Trunk Sewer Line 11-48200-01
1 400,000
400,000
Sewer Trunk Fund
400,000
400,000
Replacement - One Ton Truck wI Plow #90 11-48200-02
1 65,000
65,000
Sanitary Sewer Fund
65,000
65,000
New - JetNac Truck 11-48200-03
1 357,000
357,000
Sanitary Sewer Fund
160,000
160,000
Sewer Trunk Fund
160,000
160,000
Stonn Sewer Fund
37,000
37,000
Yellow Pine Lift Station 12-48200-01
1 650,000
650,000
Sewer Trunk Fund
650,000
650,000
Rural Reserve Trunk Sanitary Sewer 13-48200-01
1
2,250,000 1,250,000 3,500,000
Assessments
250,000 1,000,000 1,250,000
Sewer Revenue Bonds
2,000,000 250,000 2,250,000
Sanitary Sewer Total
822,000 650,000
2,250,000 1,250,000 4,972,000
IStorm Sewer ,
Storm Sewer Improvements 10-48300-01
1 53,000 54,000 55,000
56,000 57,000 275,000
Stonn Sewer Fund
53,000 54,000 55,000
56,000 57,000 275,000
Replacement - Elgin Street Sweeper #169 11-48300-01
1 150,000
150,000
Equipment Bond
90,000
90,000
Storm Sewer Fund
60,000
60,000
.-
Thursday, June 18, 2009
~
Department Project#
Priority 2010 2011 2012 2013
2014 Total
Storm Sewer Total
53,000 204,000 55,000 56,000
57,000 425,000
IStreets / Highways ,
Annual Street Seal Coat Project 10-43100-01
1 318,000 698,000 735,000
750,000 641,000 3,142,000
Construction Seal Coat Fund
108,000 18,000 9,000
9,000 144,000
Road & Bridge Funds
210,000 680,000 735,000 741,000
632,000 2,998,000
Annual Street Crack Seal Project 10-43100-02
1 100,000 236,000 222,000
183,000 227,000 968,000
Construction Seal Coat Fund
2,000 . 1,000 1,000
2,000 6,000
Road & Bridge Funds
98,000 236,000 221,000 182,000
225,000 962,000
Annual Street Reconstruction 10-43100-03
1 1,008,000 1,119,000 1,542,000
1,346,000 1,350,000 6,365,000
Assessments
252,000 280,000 385,000 336,000
350,000 1,603,000
Road & Bridge Funds
756,000 839,000 1,157,000 1,010,000
1,000,000 4,762,000
Annual Pavement Markings 10-43100-04
1 22,000 23,000 24,000 25,000
26,000 120,000
Road & Bridge Funds
22,000 23,000 24,000 25,000
26,000 120,000
Annual Curb Replacement 10-43100-05
1 43,000 44,000 45,000 46,000
47,000 225,000
Road & Bridge Funds
43,000 44,000 45,000 46,000
47,000 225,000
Bridge Scour Repairs 10-43100-06
1 35,000 35,000 35,000
105,000
Road & Bridge Funds
17,500 17,500 17,500
52,500
Storm Sewer Fund
17,500 17,500 17,500
52,500
Municipal State Aid Routes I New & Reconstruct
11-43100-01 1 890,000 990,000
410,000 2,290,000
Assessments
65,000 150,000 60,000
275,000
Municipal State Aid Funds
825,000 840,000 350,000
2,015,000
Replacement - Dump Truck wi Snow Removal #197
11-43100-02 1 200,000
200,000
Equipment Bond
200,000
200,000
Replacement - Dump Truck wI Snow Removal #198
12-43100-01 1 150,000
150,000
Equipment Bond
150,000
150,000
Replacement - One Ton Truck wi Plow #132 12-43100-02
1 65,000
65,000
Equipment Bond
65,000
65,000
Replacement - Water Tanker #163 12-43100-03
2 100,000
100,000
Equipment Bond
100,000
100,000
Intersection Upgrades 12-43100-04
1 275,000
275,000
Municipal State Aid Funds
275,000
275,000
Streets / Highways Total
1,526,000 3,245,000 4,183,000 2,760,000
2,291 ,000 14,005,000
IWater I
Rehabilitation of Wells 10-48100-01
1 50,000 55,000 60,000 65,000
70,000 300,000
Water Fund
50,000 55,000 60,000 65,000
70,000 300,000
Construct Clearwell at WTP 11-48100-01
1 2,665,900
2,665,900
Water Revenue Bonds
2,665,900
2,665,900
Construct Well #10 12-48100-01
1 181,000
181,000
Water Trunk Fund
181,000
181,000
Water Main along South Coon Creek Drive 12-48100-02
1 500,000
500,000
Water Trunk Fund
500,000
500,000
Demolish 500,000 Gallon Water Tower 12-48100-03
1 190,000
190,000
Water Trunk Fund
190,000
190,000
Replacement - One Ton Truck wi Plow #105 12-48100-04
1 65,000
65,000
Water Fund
65,000
65,000
Construct Water Treatment Plant #2 13-48100-01
1
8,000,000 8,000,000
Water Revenue Bonds
8,000,000
8,000,000
Water Total
50,000 2,720,900 996,000 8,065,000
70,000 11,901,900
,
Thursday, June 18, 2009
Department Project# Priority
2010 2011 2012 2013 2014
Total
GRAND TOTAL 2,119,500 7,910,900
11,627,000 15,657,000 4,393,000
41,707,400
.
7
Thursday, June 18, 2009
CITY OF ANDOVER
Road & Bridge Funds. Rollup
Projected Fund Balance
2009 2010
2011 2012 2013 2014
TOTALS
I Projected Sources of Revenue I
Est. Annual MSA Construction Allocation
$ 782,882 $ 782,882 $
782,882 $ 782,882 $ 782,882 $
782,882 $ 4,697,292
State Aid Street Bonds - Principal
(160,000) (170,000)
(215,000) (220,000) (230,000) (230,000)
(1,225,000)
Available MSA Construction
for Other Commitments
622,882 612,882
567,882 562,882 552,882 552,882
3,472,292
Est. Annual Maintenance Allocation
335,521 335,521
335.521 335,521 335,521
335,521 2,013,126
State Aid Street Bonds - Interest
(78,583) (49,325)
(21,009) (16,115) (10,765) (4,785)
(180,582)
General Fund Commitment
(185,007) (190,557)
(196,274) (196,274) (202,162) (202,162)
(1,172,436)
Available MSA Maintenance
for Other Commitments
71,931 95,639
118,238 123,132 122,594 128,574
660,108
Total MSA Available for other
Commitments
694,813 708,521
686,120 686,014 675,476 681,456
694,813
Federal Funds
Assessments'
345,000 252,000
345,000 535,000 396,000 350,000
2,223,000
Tax Levy
1,202,909 1,054,829
1,133,706 1,160,078 1,187,169 1,214,996
6,953,687
Total Revenues Available
2,242,722 2,015,350
2,164,826 2,381,092 2,258,645 2,246,452
9,871,500
I Projected Commitments I
MSA - New & Reconstruct Routes
500,000
890.000 990,000 410,000
2,790,000
MSA - Intersection Upgrades
275,000
275,000
MSA - Transfer to Debt Service
500,000
500,000
R & B - Pavement Markings
21,000 22,000
23,000 24,000 25,000 26,000
141,000
R & B - Curb Replacement
42,000 43,000
44,000 45,000 46,000 47,000
267,000
R & B - New & Reconstruct Routes
-
R & B - Bridge Scour Repairs
17,500
17 ,500 17,500
52,500
R & B - Seal Coating
220,000 210,000
680,000 735,000 741,000 632,000
3,218,000
R & B - Crack Sealing
80,000 98,000
236,000 221,000 182,000 225,000
1,042,000
R & B - Overlays
1,078,000 1,008,000
1,119,000 1,542,000 1,346,000 1,350,000
7,443,000
Pedestrian Trail Maintenance
53,000 54,000
55,000 56,000 57,000 58,000
333,000
Total Commitments
1,994,000 1,952,500
3,064,500 3,905,500 2,807,000 2,338,000
16,061,500
Revenues Over (Under) Expenditures
248,722 62,850
(899,674) (1,524,408) (548,355) (91,548)
$ (6,190,000)
Fund Balance as of December 31, 2008
2,497,381
Fund Balance Brought Forward
2,746,103
2,808,953 1,909,279 384,871 (163,484)
Ending Fund Balance
$ 2,746,103 $ 2,808,953 $
1,909,279 $ 384,871 $ (163,484) $ (255,032)
. Assuming collected in same year
7J
CITY OF ANDOVER
MSA Funded Projects
Projected Fund Balance
2009 2010
2011 2012 2013 2014
TOTALS
I Projected Sources of Revenue I
Est. Annual MSA Construction Allocation
$ 782,882 $ 782,882 $
782,882 $ 782,882 $ 782,882 $
782,882 $ 4,697,292
2001 State Aid Road Bond Pymt - Principal
(160,000) (170,000)
- -
(330,000)
2009A G.O. State Aid Refundin9 - Principal
(215,000) (220,000) (230,000)
(230,000) (895,000)
Available MSA Construction
for Other Commitments
622,882 612,882
567,882 562,882 552,882 552,882 3,472,29
Est. Annual Maintenance Allocation
335,521 335,521
335,521 335,521 335,521
335,521 2,013,126
2001 State Aid Road Bond Pymt - Interest
(78,583) (37,611)
(116,194)
2009A G.O. State Aid Refunding - Principal
(11,714)
(21,009) (16,115) (10,765) (4,785)
(64,388)
General Fund Commitment
(185,007) ( 190,557)
(196,274) (196,274) (202,162) (202,162)
( 1,172,436)
Available MSA Maintenance
for Other Commitments
71,931 95,639
118,238 123,132 122,594 128,574 660,108
Total MSA Available for other
Commitments
694,813 708,521
686,120 686,014 675,476 681,456 694,813
Federal Funds
Assessments'
75,000
65,000 150,000 60,000
350,000
Total Revenues Available
769,813 708,521
751,120 836,014 735,476 681,456
1,044,813
I Projected Commitments I
MSA - New & Reconstruct Routes
500,000
890,000 990,000 410,000
2,790,000
MSA - Intersection Upgrades
-
275,000
275,000
MSA - Transfer to Debt Service
500,000
- 500,000
Total Commitments
500,000 500,000
890,000 1,265,000 410,000 . 3,565,000
Revenues Over (Under) Expenditures
269,813 208,521
(138,880) (428,986) 325,476 681,456
(2,520,187)
Fund Balance as of December 31, 2008
1,488,710
Fund Balance Brought Forward
1,758,523
1,967,044 1,828,164 1,399,178 1,724,654
Ending Fund Balance
$ 1,758,523 $ 1,967,044 $
1,828,164 $ 1,399,178 $ 1,724,654 $ 2,406,110
q
CITY OF ANDOVER
Funded - Roadway
Projected Fund Balance
2009 2010
2011 2012 2013
2014 TOTALS
I Projected Sources of Revenue I
Tax Levy
1,151,136 1,003,056
1,078,780 1,103,504 1,128,898 1,154,976
6,620,350
Assessments
270,000 252,000
280,000 385,000 336,000 350,000
1,873,000
Total Revenues Available
1,421,136 1,255,056
1,358,780 1,488,504 1,464,898
1,504,976 8,493,350
I Projected Commitments
I
R & B - Pavement Markings
21,000 22,000
23,000 24,000 25,000
26,000 141,000
R & B - Curb Replacement
42,000 43,000
44,000 45,000 46,000
47,000 267,000
R & B - New & Reconstruct Routes
-
R & B - Bridge Scour Repairs
17,500
17,500 17,500
52,500
R & B - Seal Coating
220,000 210,000
680,000 735,000 741,000 632,000
3,218,000
R & B - Crack Sealing
80,000 98,000
236,000 221,000 182,000
225,000 1,042,000
R & B - Overlays
1,078,000 1,008,000
1,119,000 1,542,000 1,346,000
1,350,000 7,443,000
Total Commitments
1,441,000 1,398,500
2,119,500 2,584,500 2,340,000
2,280,000 12,163,500
Revenues Over (Under) Expenditures
(19,864) (143,444)
(760,720) (1,095,996) (875,102)
(775,024) (3,670,150)
Fund Balance as of December 31,2008
967.137
Fund Balance Brought Forward
947,273
803,829 43,109 (1,052,887) (1,927,989)
Ending Fund Balance
$ 947,273 $ 803,829 $
43,109 $ (1,052,887) $ (1,927,989) $ (2,703,013)
CITY OF ANDOVER
Trail
Projected Fund Balance
2009 2010
2011 2012 2013
2014 TOTALS
I Projected Sources of Revenue I
Tax Levy
51,773 51,773
54,926 56,574 58,271
60,020 333,337
I Projected Commitments
I
R & B - Pedestrian Trail Maintenance
53,000 54,000
55,000 56,000 57,000
58,000 333.000
Revenues Over (Under) Expenditures
(1,227) (2,227)
(74) 574 1,271
2,020 337
Fund Balance as of December 31, 2008
41,534
Fund Balance Brought Forward
40,307
38,080 38,006 38,580 39,851
Ending Fund Balance
$ 40,307 $ 38,080 $
38,006 $ 38,580 $ 39,851 $ 41,871
\6
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 Councilmembers
FROM: Jim Dickinson, City Administrator
SUBJECT: 2010 Budget Development Discussion
DATE: June 23, 2009
INTRODUCTION
City Departments have been working on the 2010 Annual Operating Budget Development
process, utilizing the established City Council guidelines for the preparation of the 2010 Annual
Operating Budget. Attached, for Council reference is the 2010 Budget Development Calendar,
please note the July 2nd deadline for Department Heads to provide their budget proposals to
AdministrationlFinance.
Items underlined will be covered in detail at the workshop.
DISCUSSION
The following 2010 Budget Development guidelines were adopted by the City Council at the
May 5, 2009 Council meeting:
1) A commitment to a City Tax Levy, within the State imposed levy limits, to meet the needs of
the organization and positioning the City for long-term competitiveness through the use of
sustainable revenue sources and operational efficiencies.
2) Continued development of a procurement and financial plan to appropriately structure the
expenditure of bond proceeds generated from the successful 2006 Open Space Referendum.
3) A fiscal goal that works toward establishing the General Fund balance for working capital at
no less than 35% of planned 2010 General Fund expenditures and the preservation of
ell1ergency fund balances (snow emergency. public
safety, facility management &
information technology) through targeting a ninety-five percent (95%) 2009 adopted General
Fund expenditure outcome.
4) A commitment to limit the 2010 debt levy to no more than 25% of the gross tax levy and a
commitment to a detailed city debt analysis to take advantage of alternative financing
consistent with the City's adopted Debt Policy.
5) A comprehensive review of the condition of capital equipment to ensure that the most cost-
effective replacement schedule is followed. Equipment will be replaced on the basis of a cost
benefit analysis rather than a year based replacement schedule.
6) A team approach that encourages strategic planning to meet immediate and long-term
operational, staffing, infrastructure and facility needs.
7) A management philosophy that actively supports the funding and implementation of Council
policies and goals, and a commitment to being responsive to changing community conditions,
concerns, and demands, and to do so in a cost effective manner.
Fund Balance Forecast Update:
The Comprehensive Annual Financial Report for the year ended December 31, 2008 reported
that the City did achieve its 2009 budget goal of establishing the General Fund fund balance for
working capital at no less than 35% of planned 2009 General Fund expenditures ($9,183,646).
$3,545,330 was available, which equates to a 38.6% fund balance for working capital for the
2009 Budget. The work done by Staff relative to the 2008 revenue and expenditure budgets
assisted greatly in achieving the Council 2009 budget guideline
It should be noted that the City was also able to absorb the December 2008 State of Minnesota
unallotment of Market Value Homestead Credit (MVHC) to address the State's budget shortfall
that was approximately $198,000. In addition the City was able to designate $200,000 to address
the anticipated 2009 cut of MVHC by the State, to be addressed later.
The Comprehensive Annual Financial Report for the year ended December 31, 2008 also
identified that the City was successful in preserving the General Fund emergency reserve fund
balances for core services. These reserves, created through the past three year's
budget
processes, are intended to be available for the identified purpose and to prevent budget spikes in
future years. Listed below are the current General Fund emergency reserve fund balances:
Excessive Snow Emergency Events $70,000
Facility Management Building Failures $70,000
Information Technology System Failures $70,000
Public Safety Equipment Failures $70,000
Lastly, with all of the designation and reserves identified above, Administration/Finance has
indicated that $109,066 is available to cover other 2009 revenue short falls and if the City elects
to drop its working cash flow to 35% from the current 37.4% an additional $221,988 can be
made available to deal with 2009-2010 revenue shortfalls.
Attached to this staff report is a "General Fund 2008-2009 Fund Balance Analysis" that the City
Administrator will be reviewing with the Council in detail at the workshop.
Budget Development Unallotment & Levy Limits:
. Administration/Finance continues to meet with the various departments on their 2009 budgets.
As part of those discussions. AdministrationlFinance is reviewing with departments their line
item budgets. capital requests and 2009 revenue and expenditure estimates to assure com?liance
with 95% expenditure directive.
The availability of additional tax levy in 2010 is significantly limited by the forecasted taxable
market value percentage decrease (approximately 10..8%) below 2009 and from the 2008
legislative session that added Levy Limits for all cities over 2,500 in population for tax years
2009,2010 & 2011.
And to further complicate. on June 16th Governor Pawlenty announced the State budget cuts
which included the predicted cut of the City of Andover's 2009 MVHc. which estimated cut for
2009 is $350.938. The announced State cuts will also impact the 2010 MVHC by a larger
amount the estimated MVHC cut for 2010 is $490.186.
Administration/Finance will again submit to the State Department of Revenue the "Certification
of Payable Special Levies", that certification amount will be deducted from the City's 2009 gross
levy to determine our 2009 levy base. In summary the City will be allowed a percentage increase
over a 2009 levy base and will be eligible for some special levies for 2010. That percentage
increase allows for an increase of the lesser of 3.9% or the rate of inflation (measured by the
Implicit Price Deflator currently estimated to be 0.86% but will be set on July 1st), in addition,
increases will be allowed for household and commercial growth (which Andover will not have).
It is anticipated that the State Department of Revenue will provide to the City of Andover a levY
limit notice allowing for less than a 1.0% gross levy increase over our 2009 base.
Relative to the newly prescribed special levies for 2009-201 L the City of Andover is eligible for
the special levy for dealing with foreclosures and to pay costs attributable to wage and benefit
increase for the sheriff contract and Fire Department. For the 2009 levy. it was determined that it
is not advantageous to the City to elect to use any ofthese special levies for the 2009 levy. The
2010 and 2011 levies will require a second look since it is forecasted that the City's total market
value growth for the next few years will likely decline and various non-tax revenues are
depleting.
Lastly. under current state law. cities will have the ability to levY back for lost 2008. 2009 and
2010 aids (in total approximately $1 million). While at face value this opportunity may look
attractive the City of Andover. due to the economy and local budget concerns. it does not appear
realistic that a full recapture is feasible. The Council will be asked to discuss their appetite for
recapturing lost State aids via the local property tax levY.
Staffing and New Staffing Requests:
Administration has indicated to Department Heads recently that no new staffing requests will be
allowed in the 2010 budget. Staffing reductions are more likely and will be discussed later.
Personnel Related Implications:
To date the following are projected issues facing personnel related expenses:
1. The current salary compensation package is competitive with other government entities.
Administration has had discussions with staff that a wage freeze for 2010 is a distinct
possibility. City Administration will
be proposin!! a wa!!e freeze for 2010. no step
increases or cost of livin!! increases.
2. A midyear review of the health plan will be conducted with our broker in June.
The
insurance claims trends at this time appear to be favorable. The initial proposed 2010
budget for health insurance will carry an 8% increase, with future hopes of a lesser
or no
mcrease.
The City currently offers the employees a high deductible plan ($5,000 family, $2,500
single) with a health spending account (HSA), this was implemented in 2006. As part
of
the program, the City pays for 100% of a single health insurance premium, 76% for a
family health insurance premium and contributes annually to the employees HSA.
Staffing Reductions:
As Administration has been following revenue proiections for 2009, it has become apparent that
fee for service revenues in a few service areas are corning in well under proiections. Based on
those limited revenues, Administration will be discussing with the Council at the meeting a
preliminary staff reduction plan. Primarily direction will be sought on a layoff process and hour
reductions for various employees.
Contractual Departments:
1. The City Attorney has proposed a 3% reduction in fees under the current contract for
2009; the percentage reduction will carry forward through 2010.
2. The Law Enforcement 2009 expenditure budget is $2,545,642 which is offset by a Police
State Aid revenue budget of $112,860 and School Liaison revenue budget of $83,988
reflecting a net tax levy impact of $2,348,794. The current Sheriffs contract provides
for:
a. 80 hours per day of patrol service
b. 12 hours per day of service provided
by a Community Service Officer
c. School Liaison Officers in the
middle school and high school
d. Patrol Investigator
e. 50% ofthe Crime Watch Program's
coordinator position.
The 2010 Anoka County Sheriff s contract being negotiated is a status quo contract.
The
current Sheriff proposal reflects a $2.599.246 expenditure budget, a 2.1 % increase.
The
driving factor behind the increase as identified in their proposal is the labor contract
that
was settled after the 2009 contract was negotiated. Administration continues to negotiate
and will seek Council input at the meeting.
Council Memberships and Donations/Contributions:
The following memberships are included in the 2009 Budget and are presented at their estimated
impact for the 2010 General Fund budget:
. League of Minnesota Cities
$18,635 ( same as 2009)
. North Metro Mayor
$14,500 (a 15% decrease)
. Association of Metropolitan Cities (AMM)
$ 8,635 (same as 2009)
. Community Schools
$47,284 (a 4.6% increase)
. Mediation Services
$ 3,323 (same as 2009)
. YMCA - Water Safety Program
$ 5,500 (same as 2009)
. Youth First (Neighborhood Center)
$10,000 ($2,000 reduction)
. Central Center for Family Resources
$ 1,500 ($1,000 reduction)
The following donations/contributions are in the 2009 budget and presented at their estimated
impact for the 2010 budget in other funds:
. TH 10/169 Corridor Coalition $ 1,000
Road and Bridge Fund
. Youth First - City Partner Fee $ 7,500
Charitable Gambling Fund
. Alexandra House $10,000
Charitable Gambling Fund
. Senior High Parties $ 1,200
Charitable Gambling Fund
Council direction is sought on what should be included for 2010.
ACTION REQUIRED
The Council is requested to review the aforementioned report, receive a presentation from staff,
and provide comments and direction to staff.
Attachments
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City of Andover
General Fund
2008 - 2009 Fund Balance Analysis
Fund
Balance
December 31,2007 $
3,890,460
2008 Fund Balance Increase (Decrease)
284,575
December 31, 2008
4,175,035
Less: Snow Emergency
(70,000)
Public Safety
(70,000)
Facility Management
(70,000)
Information Technology
(70,000)
Working Cash Flow
(3,436,264)
2009 Budgeted Use of Fund Balance
(149,705)
2009 MVHC Shortfall
(200,000)
Estimated Balance Available for Adjustments $
109,066
2008 Working Cash Flow Designation Calculation:
2009 Requested Expenditure $
9,183,646
% of 2009 General Fund Expenditures
37.417%
$
3,436,264
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 & Council Members
FROM: Jim Dickinson, City Administrator
SUBJECT: Supplemental Agenda Item for June 23, 2009 City Council Meeting
DATE: June 23, 2009
The City Council is requested to receive the following supplemental information.
Item #3. Discuss Pool Fence Requirements and Alternatives (Supplemental)
@
1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304. (763) 755-5100
FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US
TO: Mayor and Conncihnembers ~
CC: Jim Dickinson, City Administrator .
FROM: Will Neumeister, Director of Community Development wJ-
SUBJECT: Discuss Pool Fence Requirements and Alternatives (Supplemental)
DATE: June 23,2009
INTRODUCTION
Torrey Kjelstad, the person who is requesting the Council to consider the pool cover in lieu of
fencing, has submitted the attached supplemental information.
To whom it may concern,
There was incident that happen at my house last week that made me very upset!! As my wife and I where preparing
diner last Wed 6/17 evening our grand daughter "Faith" who is 5 years old was staying with us for the week went down
stairs to play with the dogs, they ended up out side on our pool patio after being told not to go out side. Faith had made
her way outside through our walk out sliding glass door which leads directly to our pool...llooked out side and saw that
she was on the pool cover. I became very .angry when I saw that because if I v~ould've had the approved fence system per
Andover code and no cover we could've had a serious issue and I mean serious! Remember that my pool patio runs all
the way to our house so per the code I would only have to fence three sides... That evening I started to search the internet
and found some startling statistics "see attached and scroll down under How Great is the Risk".
I am so adamant at how safe our pool cover is that I tried to contact my attorney last week but he is on vacation and I
have not been able to contact him yet. I was asked to reinstall my temporary fence which had been up from Sept through
April and for me to find additional safety devices that may help with alerting somebody if for some odd reason the pool
cover was left open, I searched and submitted a couple of different options that had been turn down by the city, The city
had asked me to reinstall the temp fence after they had a complaint from a local resident of the neighborhood, The funny
thing is...That I had went around my neighborhood last year prior to the first meeting to explain to my neighbors "by the
way I live in an older development that all the lots are greater than 2.5 acres" what I have as far as a horizontal safety
fence and asked them if they would sign a document that they understand and approve what I have. With the names of
neighbors that signed this document the area in which it covered is 34,5 acres of land.., There is not a child under the age
of 14 that lives within 1000 feet of my residence "see attached for signature document" After the incident that happened
with my grandchild last week I haven't reinstalled the temp fence and I will be receiving a letter from the city attorney.
I have also attached pictures of above ground pools that by the code do not require fences however they are required
by the code to remove the ladder when not in use... One of the pictures is of a residence that is very close to a public
school and is on a major road with lots of children present. At the last closed door meeting "9/23/08" we had regarding this
pool fence code topic there was a question, if the city had anybody that went around and enforced pool violations? The
response was "they only check if there have been complaints or if by site it looks like a problem". I also have attached
pictures of above ground pools with a fence around it but the ladder is still in the pool. Remember the statistics of pool
drowning and submersions text that is already attached to this email.. 65% of the accidents happen from residents of the
home. The last attachment is of a pool fence where the door isn't in working order and that it has been left open with no
one present.
In closing, alii am proposing that the pool code be changed to reflect for residence with 2,5 acres or greater the
following...
You can install a approved city code fence,
or
You can install a Coverstar Safety Cover with a programmable key pad.
Water safety is very important, things can happen in a split second and after what we had experienced last Wed
evening I am very very grateful that I had chose to install the Coverstar Safety Cover.
Thank You!
Torrey Kjelstad
17241 Partridge st.
Andover, Mn 55304..
PS. At any time anyone of you can enter my property to see the cover. I have stated this before and at some
point somebody was out to take a picture.. The pool was closed as usual when my wife or I am not present!
THIS IS THE SAFEST FENCE POSSIBLE!
-1-
Pool Safely for Families
.,~,~l1ARE 1(+ []M;
Backyard pools are particularly dangerous for curious little kids. Learn what steps you can take
to avoid a tragedy and keep your children safe in and around the water.
Diane sat cradling her daughter Dominique's limp body, Only moments earlier she found the
child floating face down in the family swimming pool. As she screamed for help, Diane
remembers thinking it was too late to save her little girl. Then Diane's pediatric nursing training
took over; she stimulated her daughter, and as she was about to give mouth-to-mouth
resuscitation, Dominique started to cry,
Diane and Dominique were fortunate. According to the Consumer Product Safety Commission
(CPSC), there are about 375 drowning deaths of children younger than five each year in
swimming pools, and thousands of children are treated in hospital emergency rooms for pool
submersion injuries each year, Some are left permanently brain damaged as a result of
swimming pool accidents. Most of these injuries were sustained in residential pools.
When the weather is warm and children are outdoors frequently, water safety becomes a
serious concern for parents. Whether you live or are vacationing near a pool, lake, or even a
small stream, vigilance and taking proper precautions are essential for avoiding tragic accidents.
How Great is the Risk?
It doesn't take long for a child to enter a perilous situation without a caregiver's knowledge.
From its comprehensive study of drowninq and submersion incidents involving children younger
than five, the CPSC offers these staggering statistics:
. Seventy-five percent of the children involved in swimming pool submersion or drowning
accidents were between ages one and three.
. Sixty-nine percent of the children who became victims in swimming pool accidents were
not expected to be in or at the pool, but were found drowned or submerged in the water.
. Sixty-five percent of the accidents occurred in a pool owned by the victim's immediate
family, and 33 percent of the accidents occurred in pools owned by relatives or friends.
Fewer than two percent of the pool accidents were a result of children trespassing,
. Seventy-seven percent of pool accident victims were out of sight for less than five
minutes-the time it takes to get a cup of coffee or answer the phone-and most of the
victims were being supervised by one or both parents when the accident occurred.
--l-
The family swimming pool is supposed to be the center of fun and recreation," says
Todd
Appleman, president and founder of eSafetvAlert,com (a safety products company offering
the
Safety Turtle@ immersion alarm), and founder of the educational website
PoolSafetyNetwork,org, "The problem is swimming pools are very dangerous for young
children,
particularly toddlers. Drowning is the leading cause of death for children under five
and is the
second leading cause of death for children under 14,"
"We have a long way to go in educating the public," adds Appleman, "Despite extensive
local
public awareness efforts, and well-funded national public education campaigns aimed
at
teaching parents, grandparents, and other adults about pool safety and active adult
supervision,
the number of children drowning each year has remained constant."
Appleman says that while the pool industry is growing rapidly, adults are either not
getting the
message about pool safety or are not practicing what they know. "We need to be more
effective
in reaching parents with the messages about active parental supervision and precautions
known
as 'layers of protection'-the barriers that pool owners can put in place to help minimize
the
danger," he says,
Layers of Protection
Because drowning is a "silent death," there is no substitute for attentive adult supervision,
Yet
there are several other preventative steps parents can take toward pool safety, such
as the
layers of protection advocated by safety experts such as Appleman and the CPSC.
Pool Access Barrier: A four-sided, ASTM-standard fence should completely surround the
t
~ swimming pool. The fence should include a self-closing access gate equipped with a
child-proof ~
alarm, Parents should inspect the gate and latch regularly to be sure it works properly.
Additionally, keep patio furniture or large pool toys that could be used for climbing
into the pool
area away from fences.
Gate, Door, and Window Alarms: In addition to the gate alarm, parents should use alarms
(loud enough to hear throughout the house) that sound when gates, doors, or windows
to the
pool area are opened. Keep the adult bypass switch out of children's reach.
Safety Cover: A motor-powered barrier that can be placed over the water area can be
used
when the pool is not in use.
Pool Alarms: It's crucial that parents use an ASTM-approved pool alarm to help protect
their
children, Following are some of the pool alarm types available:
. Surface and subsurface pool alarms:
Subsurface alarms, which attach to the pool, sense
water motion and will sound if
a child of a certain weight falls into the pool. Surface
alarms float on the water and
often sound false alarms, Neither of these can be used
when the pool is in use.
. Sonar pool alarms: This system
contains two units-one that mounts on the side of the
pool and one in the house. The
pool alarm monitors acoustic sounds and will alert you if
a child falls into the pool. You
can't use this system when the pool is being used.
--y--
. Perimeter pool alarms: This alarm uses a laser beam or infrared light, positioned
according to your child's height, to surround the pool. An alarm sounds when someone
breaks the beam.
. Personal immersion-or "wrist"-alarm: These versatile alarms lock onto the child's wrist
with a key and may be used at the pool, in a boat, or even near the bathtub. When the
waterproof alarm is immersed in fresh water, a base station will sound to alert the
parents. These waterproof devices communicate via the base station. When the wrist
alarm is immersed in water the station alarm is activated.
When considering purchase of an alarm system, compare features, price, quality, power source,
and reliability. Examine the advantages and disadvantages of each warning system. Most of all,
keep in mind the levels of protection recommended and that even the best alarm system is no
substitute for vigilant adult supervision of children when it comes to keeping kids safe.
. Keep rescue equipment by the pool and be sure a phone is pools ide with emergency
numbers posted. Knowing cardiopulmonary resuscitation (CPR) can be a lifesaver,
. Don't leave pool toys and floats in the pool or pool area that may entice young children
to the water.
. Steps and ladders to an above-ground pool should be secured and locked, or removed
when the pool is not in use.
. If a child is missing, always look in the pool first. Seconds count in preventing death
or
disability.
. Do not consider young children to be completely safe because they have had swimming
lessons,
. Instruct babysitters about potential pool hazards to young children and about the use
of
protective devices, such as door alarms and latches, Emphasize the need for constant
supervision,
. To prevent body entrapment and hair entrapment/entanglement, have a qualified pool
professional inspect the drain suction fittings and covers on your pool and spa to
be sure
that they are the proper size, properly attached, and meet current safety standards,
If
your pool or spa has a single drain outlet, consider installing a safety vacuum release
system that breaks the vacuum to avoid potential entrapment conditions.
Remember, swimming pool accidents can happen in a flash. Following the safety precautions
outlined here-and practicing constant adult supervision-will help keep children safe and allow
your family to enjoy fun in the water on the hot, lazy days of summer.
-y-
06/11/08
,\~ Torrey, Shanon and Bjorn Kjelstad
~ 17241 Partridge St. Nw
Andover, Mn,
55304
My name is Torrey Kjelstad and I work at Hanson Builders. My wife's name is
Shanon and she is a Nurse Anesthetist at Mercy and Unity Hospitals, Our son's name
is
Bjorn and he will be an eighth grader at Oak View Middle School. We have been
Andover residence for fifteen years, We currently live on 2.67 acres in an older acreage
development.
We recently had Valley Pool and Spa install a 20'x 44' in ground pool with an auto
cover. The auto cover is controlled by a security code pad. There are two primary reasons
why we had installed an auto cover". The first reason was to keep children and critters
out of the pool and the second reason was that it would help keep debris out and the
heat
from the pool heater in, it is expensive to heat 28000 gallons of water. With that
being
said, the only time the pool cover is ever open is when we are using the pool.
We understand that for a short time, Andover allowed pool owners that had auto
covers installed not have to install a fence, Weare asking the members of the Andover
board to reconsider the pool fence code on acreage lots",
Below is a list of neighbors with
address's that approve of us not having to install a
pool fence,
/1
Name's
I, Address's
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