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HomeMy WebLinkAboutCC September 15, 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 Regular City Council Meeting - Tuesday, September 15,2009 Call to Order -7:00 p,m, Pledge of Allegiance Proclamation - Domestic Violence Awareness Month Resident Forum Agenda Approval 1. Approval of Minutes (8/25/09 Workshop; 9/1/09 Regular) Consent Items 2, Approve Payment of Claims - Finance 3, Declare Cost/Order Assessment Roll/09-2/2009 Street Reconstruction - Engineering 4, Approve Contract for School Liaison /Anoka-Hennepin School District #11 - Administration Discussion Items 5, Anoka County Sheriff s Department Monthly Report - Sheriff 6, Consider Conditional Use Permit Amendment/ Extend Approval of Land Reclamation/2748 - 161 st Avenue NW -Planning' 7, Consider City Code Amendment/ Educational Petting Zoo - Planning 8, Consider Community Garden Lots - Engineering 9, Declare Cost/Order Assessment Roll/08-37/157th Avenue NW Reconstruction (MSAS 102) - Engineering Staff Items 10, Reschedule November 3, 2009 Council Meeting - Administration 11, Schedule EDA Meeting - Administration 12, Schedule October Workshop - Administration 13, Administrator's Report - Administration Mayor/Council Input Adjournment CITY OF ANDOVER PROCLAMA TION October of 2009 is proclaimed as Domestic Violence Awareness Month WHEREAS, the community problem of domestic violence has become a critical public health and welfare concern to Anoka County; and WHEREAS, domestic violence is a crime, the commission of which will not be tolerated in Anoka County and perpetrators of said crime are subject to prosecution and conviction in accordance with the law: and WHEREAS, over thousands of women and children have and will continue to access assistance from Alexandra House, Inc., a domestic violence service provider; and WHEREAS, domestic violence will be eliminated through community partnerships of concerned individuals and organizations working together to prevent abuse while at the same time effecting social and legal change; and WHEREAS, October is National Domestic Violence Awareness Month; and WHEREAS, during National Domestic Violence Awareness Month, Anoka County organizations will inform area residents about domestic violence, its prevalence, consequences and what we, as a concerned commmunity can do to eliminate its existence. NOW, THEREFORE, BE IT RESOLVED AND KNOWN TO ALL THAT, I, Michael R. Gamache, Mayor of Andover, do hereby proclaim October to be Domestic Violence Awareness Month on Tuesday, September 15,2009. :MicfiaeC ~ qamacfie) :Mayor City of .Jlnao~'er C I T Y o F 0) NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and City Council CC: Jim Dickinson, City Administrator FROM: Michelle Hartner, Deputy City Clerk SUBJECT: Approval of Minutes DATE: September 15,2009 INTRODUCTION The following minutes were provided by TimeSaver for City Council approval: August 25,2009 Workshop September I, 2009 Regular Meeting DISCUSSION The minutes are attached for your review, ACTION REQUIRED The City Council is requested to approve the above minutes, Respectfully submitted, Michelle Hartner Deputy City Clerk Attach: Minutes 1 2 3 4 5 6 ANDOVER CITY COUNCIL WORKSHOP MEETING -AUGUST 25,2009 7 MINUTES 8 9 10 The Workshop Meeting of the Andover City Council was called to order by Mayor Mike Gamache, 11 August 25,2009,6:00 p,m" at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, 12 Minnesota, 13 14 Councilmembers present: Sheri Bukkila (arrived at 7:55 p,m,), Don Jacobson, Mike Knight, 15 Julie Trude 16 Councilmember absent: None 17 Also present: City Administrator, Jim Dickinson 18 Community Development Director, Will Neumeister 19 City Planner, Courtney Bednarz 20 Others 21 22 23 DISCUSS RESIDENT REQUEST - MANUFACTURING AMMUNITION ON RESIDENTIAL 24 PROPERTY 25 26 Mr, Bednarz explained a resident requested to manufacture ammunition at his home in northern 27 Andover, 28 .29 Councilmember Jacobson asked if they would need to approve a Conditional Use Permit (CUP). 30 Mr, Bednarz thought if the Council was interested they might want to modify the home 31 occupation ordinance to allow it. 32 33 Councilmember Knight asked how large the property is. Mr. Mark Coppage stated it is hard to 34 say, the deed indicates 2,5 acres, they are in an area that is not built up, 35 36 Mr. Coppage made a presentation to the Council in regard to what his home occupation involved, 37 38 Councilmember Trude wondered ifMr, Coppage did this where he used to live, Mr. Coppage 39 stated he has done this for over thirty years, He stated he has made ammunition both for himself 40 and commercially, He explained in Ohio he had a shop and had a firearms license; he used to 41 make ammunition in his house for resale while living in Ohio, 42 43 Councilmember Jacobson asked what was meant by a commercial basis, Mr, Coppage stated he 44 planned on selling the ammunition, not just making for himself. Councilmember Jacobson asked 45 if Mr, Coppage had an idea what the volume of ammunition he would make to sell, Mr, 46 Coppage stated it would be around 10,000 round per month on a minimum basis and it would be 47 for handguns and sold at sporting good stores, he would not sell the ammunition to individuals 48 from his home, Andover City Council Workshop Meeting Minutes - August 25, 2009 Page 2 1 2 Councilmember Jacobson asked for information on what Mr, Coppage means by temporary 3 basis. Mr, Coppage stated he would like to eventually move his business to a storefront but with 4 the economy the way it is it is hard to get a loan and he would not be able to afford purchasing a 5 place without a loan. He stated he needs to get his Federal license in order to sell to a distributor 6 but in order to get the license he has to have a place of business, 7 8 Mr, Dickinson stated right now this home occupation is not allowed and Mr. Bednarz has done 9 some research with other communities, He wondered if the Council felt it is worth Mr, 10 Coppage's time to go further and apply for a home occupation license in the City, 11 12 Councilmember Trude asked how their code is designed because she thought home businesses 13 had certain requirements such as three acres or more and needed to have a separate building 14 where the business is conducted, Mr. Bednarz stated it is, if a business is operating out of a 15 house or garage they had to have at least three acres, 16 17 Councilmember Trude stated they would be opening the door to all kinds of businesses if they 18 allowed this. Mr, Coppage thought the ordinance could be changed to review on a case-by-case 19 basis, which would limit people from opening businesses without approval. 20 21 Mayor Gamache stated he didn't have a real problem with this, He asked where in the home his 22 business was located. Mr, Coppage stated it is in a separate room in the basement. 23 24 Mayor Gamache asked if there were any requirements for fire safety issues, Mr, Coppage stated 25 A TF will come out and inspect the property and if they see something they will tell him, He 26 stated they do have smoke alarms in the basement and they are looking into a security system for 27 the entire house including the basement. He stated there will not be any signs put outside of his 28 home advertising his business. 29 30 Mr, Coppage stated if he had all the supplies in his basement to reload for bullets for himself the 31 Council would not have a problem with this but when it turns into a business the Council has a 32 problem, He wondered what the problem was, 33 34 Councilmember Trude stated the concern is with turning the home into a retail space, Mr. 35 Coppage stated he would not be selling directly from his home, 36 37 Councilmember Jacobson stated he would not have a real problem if the business were in a 38 separate building on three acres or more of land. 39 40 Mayor Gamache stated there is one thing he sees that is a benefit to him is Mr. Coppage came to 41 the Council. The business could be done online. Mr, Coppage stated he would not have sales on 42 site, 43 44 Mr, Dickinson thought they were getting into a lot of detail level here and said the reason this Andover City Council Workshop Meeting Minutes - August 25, 2009 Page 3 1 was brought to the Council was to see if it is worth Mr. Coppage applying for a home business 2 permit. 3 4 Councilmember Trude stated she would not be in favor of this because they do not allow a 5 business to be in home if there is less than three acres and he does not have a separate building 6 for the manufacturing part of the business, Mr, Coppage stated that is the reason why he is here 7 to see if this could be amended, 8 9 Councilmember Jacobson stated the issue is ifMr, Coppage met the current requirements, which 10 he does not. He does not have a suitable building, which was designed correctly, and he does not 11 have three acres or more so if they amended the ordinance to allow this they would be opening it 12 up to allow businesses on less than three acres, He stated he would not be in favor to have his 13 business in the basement. 14 15 Councilmembers Jacobson, Knight and Trude are not in favor of this unless it is more than three 16 acres, Mayor Gamache indicated he is fine with this, 17 18 Mr, Coppage thought City law needed to be changed to a case-to-case basis, 19 20 Mr, Dickinson explained that approval of the business is probably not going to be successful in 21 Andover, He explained he did not think Mr, Coppage would be successful in getting a home 22 business permit and suggested he look at the manufacturing areas in the City to do his business, 23 24 Mr, Coppage wondered what the Council's objections are to this, Councilmember Jacobson 25 stated his objection would be a change to the ordinance would affect all of Andover, Mayor 26 Gamache stated the reason he is more in favor of this is because he is checked by more agencies, 27 ATF, and would need to be in compliance with them, He did not think they would run into a 28 situation where someone would not be safe, 29 30 Councilmember Jacobson stated what is in question is ifthey want to change the ordinance and 31 he did not think the Council. wanted to do that. 32 33 Councilmember Jacobson stated Mr, Coppage could bring this forward to the Planning 34 Commission and see if they would be in favor of recommending changing the ordinance and then 35 it would be brought forward to the Council for approval or denial. 36 37 Mayor Gamache stated if they did change the ordinance they could spell out the requirements for 38 this type of business, 39 40 The Council explained their reasons for not wanting to change the ordinance to allow these types 41 of businesses, 42 43 Mr. Coppage stated he is at the point where he wants to start a business on a part time basis until 44 he can decide if it is worth it to make it full time and could not justify purchasing or renting Andover City Council Workshop Meeting Minutes - August 25, 2009 Page 4 1 space, He stated he understood the Council's position but did not necessarily agree with it and 2 he appreciated the time to address them, 3 4 5 OPEN SPACE UPDATE 6 7 Mr, Bednarz updated the Council on the Open Space Meetings and indicated the Commission 8 wanted to know if it would be ok with the Council to continue to pursue the property the residents 9 are willing to sell even without matching grant funds, 10 11 Open Space Commission Members at the meeting: Jim Olson, Gretchen Sable and Winslow 12 Holasek. 13 14 Councilmember Jacobson asked what the original asking price was, Mr. Olson stated the original 15 price was 1.2 million and the City's offer was initially $750,000, Mr, Bednarz stated the owners 16 revised their price to 1,1 million, The appraisal came in at $836,000, 17 18 Councilmember Trude stated she would like to keep moving on this since it is a nice parcel on the 19 river. She did not think they would have another opportunity to purchase land like this along the 20 flver. 21 22 Mr, Dickinson stated relative to continue negotiating with the owners they would be reengaging in 23 negotiations because the price could change for either side. At this point in time they are looking at 24 gauging interest. It was pretty obvious that the City number is too low and the property owner's is 25 too high, 26 27 Mayor Gamache asked if there is any other option for grants, Mr. Bednarz stated at this point it is 28 looking pretty bleak; the cycle is pretty much over unless they find a private donor or other 29 organization willing to help, He did not see where they could find funds. 30 31 Councilmember Jacobson stated they still have the legacy tax that was added on that would be 32 additional money to use, Mr, Bednarz explained how this would work. 33 34 Councilmember Jacobson asked how much money they have that they could use to purchase open 35 space, Mr, Dickinson stated they have the ability to bond up to two million dollars, He stated they 36 have been levying and the thought process is they would be using some of that for capitalized interest 37 and they would be able to reduce the dollar amount by whatever they have levied, In essence they 38 will be doing the equivalent of a two million dollar bond, 39 40 Councilmember Knight wondered if they could pay the property owners over time to save them some 41 taxes, Commissioner Olson stated that was the thought process their group was thinking, 42 43 Mr, Dickinson stated they do not want to give them tax advice and they do not want the open space 44 purchase to set the market value of property in the City, Andover City Council Workshop Meeting Minutes - August 25, 2009 Page 5 1 2 Councilmember Jacobson suggested they proceed with further discussion and see if the price can 3 come down to a reasonable price and spread the payment over a number of years, He asked if the 4 Commission still wanted to pursue this. The Commission indicated they did, 5 6 Councilmember Trude asked if the Commission has had a chance to go to the property and walk it. 7 She asked what is interesting to them, Commissioner Olson stated this is one of the nicest pieces the 8 Commission has looked at and is on the river. Councilmember Trude stated the uniqueness of it on 9 the river may distinguish it from other parcels in the community, 10 11 Commissioner Holasek stated this is a nice parcel and they have a willing seller and it may not 12 always be that way, 13 14 Mr. Dickinson stated they are looking for Council opinion and consensus on this, 15 16 Councilmember Trude asked for the Commission feedback on the golf course, Commissioner Sable 17 stated the greens are shot and it would take a lot of time and money to get them back to wetlands, 18 Commissioner Holasek stated it would make a nice park for soccer or something like that. 19 20 Mayor Gamache thought the Council is in favor of pursuing the land along the river, 21 22 Mr, Dickinson asked in regard to the golf course land if there was discussion on value relative to 23 preserving anything along the Coon Creek Corridor as far as open space, The Commission indicated 24 they have not. 25 26 Councilmember Trude asked if the property on the west side of Andover was done, The 27 Commission stated the owners have decided not to sell but it could change depending on the family 28 needs, 29 30 31 DISCUSS WIRELESS TOWER PLACEMENT OPPORTUNITIES 32 33 Mr. Dickinson stated wireless tower site consultants have been recently focusing on placement 34 opportunities in the City of Andover. 35 36 Mr. Dickinson updated the Council on current negotiation progress of known sites, 37 38 Councilmember Trude wondered if they could put in a civil defense siren to justify putting in a 39 monopole for the wireless company at the park in Shadowbrook next to Ham Lake, Mr, Dickinson 40 stated that was a good idea and he thought they could split costs with Ham Lake, Councilmember 41 Trude thought a park in the southern part ofthe City would be better to have a monopole put in for 42 the wireless, 43 44 Mr, Dickinson stated the company looking is a wireless internet company, not a cell phone company, Andover City Council Workshop Meeting Minutes - August 25, 2009 Page 6 1 2 The Council is open to negotiations and hearing about what the wireless companies have to offer, 3 4 5 CONTINUED DISCUSSION ON RENEWABLE ENERGY OPTIONS/GOALS 6 7 Mr. Neumeister stated this report will focus only on wind turbines and the potential adoption of a 8 code section that would allow wind turbines in the City of Andover. 9 10 Mr, Neumeister reviewed the information with the Council. 11 12 The Council is in agreement that they would like to continue to pursue this, 13 14 Councilmember Jacobson stated a lot ofthese smaller units advertised, actual operation is 15 substantially underrated and expensive to install, He explained the requirements for these types 16 of wind turbines, He noted because of the requirements it almost eliminates them from an R-4 or 17 smaller parcels, 18 19 Councilmember Trude wondered ifthey would consider allowing these in association areas with 20 larger open areas, Councilmember Knight thought they could put one behind the high school so 21 it would not even be noticed, 22 23 Mr, Dickinson stated the residential ones are about making a statement and not making money. 24 25 Mayor Gamache stated the information is about what is currently available and what is out there 26 but they do not know what will be here in the future. 27 28 Councilmember Jacobson stated his concern is if this is put in an R-4 District the fall distance 29 would not be adequate in most areas because of trees and buildings, 30 31 Councilmember Knight thought they needed to look beyond residential and research commercial 32 use and how they could implement them in the City to earn revenue, 33 34 Mr. Dickinson stated the turbines would need to be twenty feet above the tallest structure along 35 with nothing around it and he wondered if anyone would want to do that to their property, 36 37 The Council discussed the requirements and felt this was worth looking at using the Oakdale 38 ordinance as a template and to bring this forward to the Planning Commission to review. 39 40 41 PROGRESS REPORT ON HUGHES INDUSTRIAL PARK AND INTERIM USES 42 43 Mr, Neumeister stated this report provides a status update on code compliance of the businesses 44 located in the Hughes Industrial Park, Andover City Council Workshop Meeting Minutes - August 25, 2009 Page 7 1 2 Mr. Neumeister reviewed the information with the Council. 3 4 Councilmember Jacobson asked why they are giving some of the businesses until 2012 to make the 5 improvements, Mr, Dickinson stated that is what is allowed by the State, He stated the level of 6 investments that would be required at this time would basically put them out of business , He stated 7 that the violation is still valid and the Fire Department is aware of the situation so if something 8 happens on the site they have identified the deficiencies but at the same time the State Fire 9 Marshall's Office is cognizant that the buildings were built prior to many codes that have been put 10 into place and to make a quantum leap is an extremely costly proposition, 11 12 Staff reviewed with the Council the other violations and what has been corrected, 13 14 15 PROGRESS REPORT/SINGLE FAMILY RESIDENTIAL RENTAL PROGRAM 16 17 Mr, Neumeister reviewed with the Council the progress report on the single-family residential rental 18 program, 19 20 Councilmember Jacobson thought if they are going to send out a follow up letter they should send a 21 nicely worded letter explaining what the City can do to help the owners who are renting these homes 22 out. 23 24 Councilmember Bukkila arrived at 7:55 p,m, 25 26 Mayor Gamache thought the response was pretty good since he figured there were around 100 homes 27 in the City that were rentals, Mr, Dickinson thought there was probably more than that, around 200, 28 which in a City the size of Andover would be typical. 29 30 Mr, Dickinson stated they still have not heard from six hundred people they sent letters to and he 31 thought they should notch the letter up a little so the owner responds, 32 33 The Council discussed possible wording along with information the City Attorney gave them in 34 response of how to contact the owners, 35 36 Mr, Dickinson suggested putting in the letter the following sentence "The ability to effectively 37 collect rent and evict tenants is significantly inhibited when you do not have a rental license," The 38 Council liked that sentence and thought it should be included in the letter, 39 40 Mr, Dickinson stated they will draft up a letter to send to the owners who have not responded and 41 follow up with the Council on this at another workshop meeting, 42 43 44 OTHER DISCUSSION Andover City Council Workshop Meeting Minutes - August 25, 2009 Page 8 1 2 Mr. Neumeister presented the Council with Great River Energy's landscape plan, 3 4 The Council felt anything they do is an improvement. They suggested going to Connexus Energy to 5 see about landscaping their area, 6 7 8 2010-2014 CAPITAL IMPROVEMENT PLAN PROGRESS REPORT 9 10 Mr. Dickinson stated in early May AdministrationlFinance held a 2010-2014 CIP kick-off meeting 11 with Department Heads where discussion centered on the 201-2014 CIP development calendars and 12 the need for other committees (Vehicle Purchasing & Facility Management Committees) and 13 commissions (Parks and Recreation & Community Center Advisory) to start their work to meet the 14 deadlines scheduled, 15 16 Mr, Dickinson reviewed the information with the Council. 17 18 Councilmernber Trude thought in regard to the park and recreations operations, the play structures of 19 $45,000 should be discussed with the Park Commission before the money is spent on new 20 equipment. Mr. Dickinson stated they evaluate existing equipment based on deterioration, They 21 also update the list indicating which parks will need to have improvements done. He noted they look 22 at the parks every year. 23 24 Mayor Gamache stated he likes how this is done currently because this becomes non political and 25 based on needs for a park. Mr, Dickinson stated primarily the money is used for replacement of non- 26 ADA compliant equipment in parks, 27 28 Commissioner Butler stated Todd Haas comes before the Commission indicating what park 29 equipment they intended on replacing and there has never been an issue with that. He stated they did 30 cut back the annual miscellaneous park projects from $20,000 to $15,000. They put in $50,000 in 31 2011 for irrigation improvements, 32 33 Commissioner Butler stated he is waiting for a response from staff on the revenue side of the park 34 balance sheet, which brings them to a negative balance in the future, Mr. Dickinson stated the 35 previous forecast sheet was a proj ection and the current one is the actual collected monies up to date, 36 37 Councilmember Trude wondered how the Andover Station commercial park dedication fees were 38 structured, Mr. Neumeister thought the City would receive the park dedication fees when a building 39 is built and a lump sum was not paid for the entire area. 40 41 Councilmember Trude asked for an update on Sophie's South Park. Mr. Dickinson reviewed what 42 staffhas reviewed as a possibility, He suggested they schedule in mowing a section of the park when 43 they mow the trail. He stated they do not want to get more than halfway into the park with mowing 44 because that is where significant excavating needs to take place and will be costly to do, He would Andover City Council Workshop Meeting Minutes - August 25, 2009 Page 9 1 not recommend excavating at this time since the park is slated to be done when the parcels develop 2 around it and he hated to put an investment out there that they will have to rip out. 3 4 Councilmember Trude thought they should keep the park up since they are sending out violation 5 letters to residents for not keeping up their property and thought they needed to keep up the park. 6 7 Council concurrence was follow staffs proposal at Sophie's South Park until permanent 8 improvements can be done, 9 10 Mr, Dickinson stated the sewer trunk and sewer operations are doing very well, the water trunk: and 11 water operations are struggling and the reason for that is the development slow down. They had on 12 the original forecast for the Water Treatment Plant one hundred homes being added annually which 13 they have not had, 14 15 Councilmember Trude asked if they are going to have to raise water rates beyond previous 16 projections with the reclaimed tank addition being way over bid, Mr, Dickinson stated they will cut 17 a future improvement back since some of the improvements they have scheduled are based on 18 development and absent development they do not need the improvements, That is where they will 19 pull back. 20 21 Councilmember Trude wondered if they will have to raise storm water fees since they are doing a lot 22 oflocalized projects now, Mr, Dickinson stated they are estimating that the City will raise the storm 23 water utility cost. 24 25 The Council recessed at 8:35 p,m, 26 27 The Council reconvened at 8:40 p,m. 28 29 30 2010 BUDGET PROGRESS REPORT 31 32 Mr. Dickinson reviewed the 2010 budget progress report and tax levy update with the Council. 33 34 Councilmember Trude stated she is worried because whatever they do now to make cuts is going to 35 be worse next year, Mr, Dickinson stated this is not going to be easy but they are looking at it from a 36 two-year perspective right now, They are positioning themselves that the impact next year with the 37 dollar amount of cuts is actually going to be more than it is this year and they will be better prepared, 38 If they have any upside on the fee for service and new housing construction, things will be good from 39 a budget perspective, 40 41 Councilmember Jacobson asked how much money they are saving by the reduction in hours of staff, 42 Mr, Dickinson stated he will be covering this later on. 43 44 General Fund Balance Analysis was reviewed with the Council. Andover City Council Workshop Meeting Minutes - August 25, 2009 Page 10 1 2 Councilmember Knight explained he would like the City's employees to know how much the 3 Council appreciates their being able to operate the City the way they are and deserve a lot of credit. 4 5 Councilmember Trude thought in regard to the health insurance plan they should look at neighboring 6 cities to combine the cities to form a consortium for more reasonable insurance. 7 8 Mr. Dickinson stated the employees preferred to take the furlough a little at a time instead of all at 9 once, 10 11 Mr, Dickinson stated the furlough savings if maxed out would save them $52,500 until the end of 12 2009, For20lO it would be $195,000 for the entire year but he put $163,000 into the budget since he 13 did not expect to get it all. The savings for the layoffs in the current year does not save them 14 anything because of severance, sick leave, vacation payout and unemployment payout. In 2010 the 15 savings would be $140,000 after paying out unemployment, gross would be $198,000, 16 17 Councilmember Trude asked if having the furlough is worth it and would it save them a lot in the 18 budget. She thought it might be worth it to raise the tax levy by a little bit and recoup the money that 19 way instead of putting this burden on the employees, She did not think the residents would mind 20 paying $20-$25 more a year. Mr, Dickinson indicated ifthey wanted to try to eliminate this they will 21 have to go to about a 3.25% increase in the tax levy to make up for the monies saved, 22 23 The Council discussed with staff the impact the furlough will have on employees looking to retire 24 early, 25 26 Mr, Dickinson stated his intention in producing a budget is trying to maintain a lean budget and 27 understanding that levy increases are going to be limited at best, if at all and try and produce a plan 28 that continues to provide the basic services, 29 30 Councilmember Jacobson stated Mr, Dickinson is providing the Council with ideas on how to 31 balance the budget and if the Council does not want to agree with him it is up to the Council to voice 32 that. Councilmember Knight indicated this is the fust year of the recession and they do not know 33 whether this will go on for one or more years and will have a better handle on it next year as to where 34 the Country is going, 35 36 Councilmember Bukkila asked ifMr, Dickinson knew what the County is doing, Mr. Dickinson 37 indicated they have indicated a zero percent increase. He stated he has gone to a few meetings over 38 the last few weeks and it was identified by a number of communities they are looking at zero tax levy 39 increase or minimal increase amounts, Councilmember Trude stated some ofthe other communities 40 are lush in reserves so they do not have to levy anything, 41 42 Mr, Dickinson stated there are other ways to possibly reduce the budget. He stated they could work 43 on doing some debt service manipulation type of modifications but the City has never done that in 44 the past. Andover City Council Workshop Meeting Minutes - August 25, 2009 Page 11 1 2 Counci1member Trude stated they have always had the attitude of real small increases and have 3 never had a big jump and she was worried if they try and keep it too flat now what will happen in 4 2011 or 2012, Councilmember Knight stated theirs has always followed the COLA, 5 6 Mr, Dickinson explained they have to declare the percentage oftax levy by September 1,2009, He 7 asked the Council what they wanted to have the tax levy set at. 8 9 Councilmember Jacobson stated if they need to make a decision by September 1,2009 he suggested 10 setting the levy at 3,25% since they can always go lower which will give the Council and staff time 11 to review and decide on a lower amount. 12 13 Councilmember Knight stated they have to be aware of what other cities are doing, 14 15 Mr, Dickinson explained to the Council what he would look at reducing as far as debt service items, 16 17 The Council concurred to have staff work into some debt service fees and pushing them out a year or 18 two to keep the levy lower and balance the budget. 19 20 Mr. Dickinson reviewed some things the City could do to move debt service around to make the 21 budget work. 22 23 Councilmember Trude hoped they do not have the furlough for next year or at least only through the 24 first few months for employee morale, 25 26 Mr, Dickinson stated ifthe goal is to stop the furlough at a certain time he would suggest to start to 27 budget for it otherwise he would suggest they leave it the way it is and evaluate it in the future, 28 29 Councilmember Bukkila thought at this point she would like to hold it at 2.48% as proposed by Mr. 30 Dickinson and try to find ways to be creative, She did not think anyone liked the idea of a furlough 31 and would like to see it end as soon as possible, Councilmember Knight stated he is in favor ofthe 2 32 plus percent but he would like to let the employees know that as soon as things look better they will 33 be back to normal. They cannot put a date on it and right now they do not know what the recession 34 will do but he would like to stop the furlough as soon as possible, 35 36 Councilmember Jacobson stated his suggestion is to put the levy at the maximum and lower it as 37 needed. Councilmember Trude stated she would only do this if they could get the employees off of 38 furlough as soon as possible, 39 40 Councilmembers' Bukkila and Knight stated they are comfortable with the 2.48% number. 41 Councilmembers Jacobson, Trude and Mayor Gamache stated they would be comfortable with 3% 42 for a levy number, 43 44 Mr, Dickinson reviewed some of the cuts that he has made for the 2010 budget. He also reviewed Andover City Council Workshop Meeting Minutes - August 25, 2009 Page 12 1 the Parks Department budget with the Council. 2 3 4 PREVIEW 2010 PRELIMINARY TAX LEVY 5 6 The majority of the Council recommended setting the tax levy at a 3% increase with the 7 indication to bring the levy down with other budget reductions, 8 9 10 OTHER DISCUSSION 11 12 Mr, Dickinson updated the Council on the situation with the Hockey Association and the 13 proposed sheets of ice by the Water Treatment Plant. He discussed with the Council the problem 14 with the lights not getting shut off at the parks by the Associations, 15 16 17 Motion by Jacobson, Seconded by Knight, to adjourn, Motion carried unanimously, The meeting 18 adjourned at 10:00 p,m, 19 20 Respectfully submitted, 21 22 Susan Osbeck, Recording Secretary 1 2 3 4 5 6 REGULAR ANDOVER CITY COUNCIL MEETING - SEPTEMBER 1, 2009 7 MINUTES 8 9 10 The Regular Bi-Monthly Meeting ofthe Andover City Council was called to order by Mayor Mike 11 Gamache, September 1, 2009, 7 :00 p,m" at the Andover City Hall, 1685 Crosstown Boulevard NW, 12 Andover, Minnesota, 13 14 Councilmembers present: Sheri Bukkila, Don Jacobson, Mike Knight, Julie Trude 15 Councilmember absent: None 16 Also present: City Attorney, Scott Baumgartner 17 City Administrator, Jim Dickinson 18 Community Development Director, Will Neumeister 19 Others 20 21 22 PLEDGE OF ALLEGIANCE 23 24 25 RESIDENT FORUM 26 27 South Metro Human Services Housing in Andover 28 29 Mr, Bob Miner, 1125 162nd Avenue NW, read a letter from the neighborhood in regard to a house 30 purchased by a substance abuse and severe mental disorder treatment contractor, He presented the 31 letter to the City Administrator for the City records, 32 33 Mayor Gamache read a statement from South Metro Human Services, 34 35 Mr, Bill Pinsonnault, Director of Community Social Services & Mental Health at Anoka County 36 made a presentation to the Council in regard to Anoka County's role in this, 37 38 A resident asked why the homes are not put into one geographical area, why don't they concentrate 39 them, Mr. Pinsonnault stated they would have the issue of discrimination. The whole effort in 40 having these types of homes is to normalize them, 41 42 Another resident asked if the home will house people with drug and alcohol addictions, Mr. 43 Pinsonnault stated they cannot be actively using but they can house someone who is in recovery, 44 The primary diagnosis is the mental disability, There could be a co-occurring disorder along with 45 this, He stated this is not a sober house, 46 47 A resident asked if Mr, Pinsonnault had a home like this in his neighborhood, Mr, Pinsonnault 48 indicated he did, Regular Andover City Council Meeting Minutes - September 1, 2009 Page 2 1 2 Councilmember Bukkila asked if this stemmed from a mental health intake at the County level or is 3 it a type of a community corrections diversions program prior to any criminal action, Mr. 4 Pinsonnault stated this is not involved in any shape or form with community corrections, 5 6 Councilmember Bukkila asked to have the intake process described to them as far as the first point of 7 contact with the client. Mr, Pinsonnault explained the process of home placement to the Council and 8 residents, 9 10 Councilmember Bukkila thought some of the concerns the residents may have in regard to chemical 11 abuse and dependencies are what would happen ifthe people do something they are not supposed to 12 do or if they fall off the wagon. She wondered if they will be monitored at all times, Mr, 13 Pinsonnault stated it depended on what level the individual is at in terms of their treatment. 14 15 Councilmember Bukkila asked in regard to any criminal activity being done on the property what 16 should the residents do in reaction to this, Mr, Pinsonnault stated it would be no different than any 17 other neighbor, They should call the police first and the City will have other contact numbers in case 18 of other non-criminal related concerns on the property, 19 20 A resident asked if the individuals will be coming out of Anoka State Hospital or will they be 21 transitioning out of other facilities, Mr, Pinsonnault stated they will be coming out of other adult 22 care facilities outside of Anoka County, It does not mean that in the future someone will be 23 transitioned who is ready from the Anoka State Hospital or a hospital. 24 25 Another resident asked if the residents will have their own vehicles, Mr, Pinsonnault indicated he 26 did not know, He stated he could find out for the residents, He stated each corporate house has 27 curfews and rules that have to be followed, 28 29 Mr. Dickinson noted relative to parking the individuals will need to adhere to the same regulations as 30 other residents in Andover, This is something these types of homes are not exempt from and need to 31 follow all the City ordinances, 32 33 A resident thought the letter contradicted the website greatly. Mayor Gamache stated South Metro 34 Human Services website more than likely is more elaborate because they handle a number of 35 different individuals and not just this type, Mr. Pinsonnault indicated that was correct. He explained 36 the services South Metro Human Services performed, 37 38 A resident was concerned because she has to deal with mental ill patients as a profession and knew 39 they can get very out of control quickly and wondered how this would be handled at the home, She 40 also indicated she dealt with out of control people at her job and some get very angry with her and 41 she did not want any individuals knowing where she lived or who her children are, She did not want 42 to have concerns about her family's safety at her home because this home came in to the 43 neighborhood. 44 Regular Andover City Council Meeting Minutes - September 1, 2009 Page 3 1 A resident asked what type of protection the City can take, Mayor Gamache stated from a City 2 standpoint there are no steps they can take to say that everyone in the neighborhood will be safe, The 3 law is basically laid out for the City and the City cannot give any guarantees but there are the police 4 along with ordinances and there is twenty-four staff that will be at the residence, This should 5 provide some sense of security, 6 7 Councilmember Knight asked if the residents of the group home will be recovering drug or alcohol 8 users, Mr. Pinsonnault stated the individuals going in to the residence will be clean and sober and if 9 they fall off the wagon they will need to go back into a treatment center and will be removed from 10 the home, 11 12 Councilmember Jacobson asked what ability, if any, did the City Council have in the citing or 13 running of this facility, Mr, Pinsonnault stated the City can do no more for this facility than ifit was 14 an individual moving into this house or any other house in the City, 15 16 Councilmember Jacobson asked if there is anything in the State Statutes that allow them some 17 wiggle room, Mr, Pinsonnault stated the State Law follows the Federal Statute, He read from an 18 attorney citing public law 100-430,42USC3602, 19 20 Councilmember Jacobson understood the public law but what happens when this is a business, Mr, 21 Pinsonnault stated Corporate Foster Homes falls under the same classifications as family foster 22 homes in terms oflaw and are not classified as a group home where you would have six or more and 23 considered a business, 24 25 Mayor Gamache asked if they normally have a neighborhood meeting when entering other cities, 26 Mr, Pinsonnault indicated they offer open houses for people to come in and meet the staff, ask 27 questions and see any renovations done to the home and they would be glad to do this at this 28 residence, 29 30 A resident asked who chose the house, Mr, Pinsonnault indicated South Metro Human Services 31 made the selection, 32 33 Mr, Dickinson stated he asked South Metro Human Services this question and the reply he received 34 was they look for a home with a workable floor plan, turn-key, modest home and would have the 35 ability to have four clients in it. 36 37 A resident asked who pays for the house, Mr, Pinsonnault stated South Metro does, they get paid 38 from the County on a per diem basis for the clients they put in the home, He stated Federal and State 39 taxes are paying for this and not County funds. 40 41 Councilmember Jacobson suggested they could make the Council Chambers available for a 42 neighborhood meeting with South Metro Human Services at another time, 43 44 Mayor Gamache explained the City will contact the residents in the neighborhood to set up a Regular Andover City Council Meeting Minutes - September 1, 2009 Page 4 1 neighborhood meeting with South Metro Human Services and the County, 2 3 4 AGENDA APPROVAL 5 6 There were no changes, 7 8 Motion by Trude, Seconded by Jacobson, to approve the Agenda as presented, Motion carried 9 unanimously, 10 11 12 APPRO V AL OF MINUTES 13 14 August 18, 2009, Regular Meeting: Correct as amended, 15 16 Councilmember Jacobson stated on page two, line 42, the sentence should read: "Mr. Dickinson 17 stated on February 10th and August 1 st a dog left his its property," 18 19 Councilmember Trude stated on page six, line 17, near the end it should read "how severe", On 20 pages 15-17 at the top of page 15 strike the word "they" on the first sentence, Page 16, line 26, she 21 was amending the resolution and wanted to change it a little bit. The sentence should read 22 "Councilmember Trude stated she would amend the resolution, Item 1 to read: Design and 23 Construction, " On page 17, line 1 is concluding a statement and she would like to add: 24 "Councilmember Trude withdrew the addition of an Item 4," Page 17, line 8, add the sentence: 25 "following restatement of the motion by Councilmember Trude, seconded by Knight, , ," 26 27 Motion by Trude, Seconded by Jacobson, to approve the minutes as indicated above, Motion carried 28 unanimously, 29 30 August 18, 2009, Closed Meeting: Correct as amended, 31 32 There were no changes, 33 34 Motion by Jacobson, Seconded by Knight, to approve the minutes as indicated above, Motion 35 carried unanimously, 36 37 38 CONSENT ITEMS 39 40 Item 2 Approval of Claims 41 Item 3 Accept Resignation/Park Commissioner Member 42 Item 4 Appoint Park Commission Member Regular Andover City Council Meeting Minutes - September 1, 2009 Page 5 1 Item 5 Accept DNR FireWise Grant/09-15/Andover-Ramsey Pine Tree Management 2 Project 3 Item 6 Rescind Approval of Drainage & Utility Easements/Approve Revised Drainage & 4 Utility Easements/09-30/l5005 & 15019 Eagle Street NW 5 Item 7 Consider Approval Application for Exempt Permit/Minnesota Recreation and 6 Park Foundation 7 Item 8 Declare Fire Department Excess Property 8 Item 9 Building Repair - Parks/Maintenance Garage 9 10 Motion by Jacobson, Seconded by Knight, approval of the Consent Agenda as read, Motion carried 11 unanimously, 12 13 Councilmember Jacobson asked if staff could send a letter of appreciation to the Park Board Member 14 who was resigning, Mr. Dickinson indicated they would send one, 15 16 17 CONSIDER TIME EXTENSION/TIMBER TRAILS ~D ADDITION FINAL PLAT 18 19 Mr, Neumeister explained the new owner of the project is seeking a time extension to extend the 20 terms of approval of this plat. He stated there is an addition that the City Attorney wants the bank to 21 acknowledge the contract. 22 23 City Attorney Scott Baumgartner stated there was a question that the bank is taking over and the 24 developer is gone, There is a development agreement that coincides with the plan itself and his 25 concern is either the bank needs to assume that development agreement or they need to enter into a 26 new development agreement with the City, He would like the Council to make this contingent upon 27 one of the scenarios. 28 29 City Attorney Baumgartner indicated this should be inserted as Item 2, Landmark Community Bank 30 either assuming the development agreement entered into by the original developer or entering into a 31 new development agreement acceptable to the City Attorney, 32 33 Motion by Knight, Seconded by Jacobson, to approve the proposed time extension for Timber Trails 34 2nd Addition based on the additional information provided by the City Attorney in the minutes, 35 36 Mr, Kevin Johnson, Landmark Bank, asked in regard to the park dedication fee of$15,000 ifthere 37 was a park on the back of this property. Councilmember Trude stated the developer always pays 38 park dedication even if there is a park next door or not. 39 40 Mr. Johnson asked if it was normal to also pay a trail fee even if there is not a trail within the 41 development. Councilmember Trude stated the plat required construction of a trail to the park 42 behind the lots, She stated the discussion previously was to include a trail from the street through a 43 lot that backs up to the park. She stated these fees are for other parks in the City, Mr. Dickinson 44 stated if it is specific to the development and the development only it is the developer's Regular Andover City Council Meeting Minutes - September 1, 2009 Page 6 1 responsibility, The regional trail system is the trail fee. If they were constructing a portion of the 2 regional trail system they would credit them on their fee but what is being constructed is not part of 3 the regional trail system, 4 5 Mr, Johnson thought it seemed kind of redundant that he was going to pay a trail fee and build the 6 trail. He understood the concern but there is no other trail in the area so he must be supporting 7 someone else's trail. 8 9 Councilmember Jacobson stated Mr. Johnson was not being treated differently than any other 10 developer in the City, Mr. Johnson asked ifthey needed to renegotiate a development agreement as 11 part of the extension, Councilmember Jacobson stated they just needed to approve the extension, 12 13 Councilmember Trude stated ifMr, Johnson did not want the City Council to approve the extension 14 he could go through the process again and pay the fees along with the added increase in the 15 dedication fees, Mr, Dickinson explained what fees have gone up since the original approval. He 16 did not think it would be a good idea for the developer to go through the entire process again because 17 of the costs, 18 19 Mr, Johnson also wondered why he was required to put in concrete curb and gutter when other 20 developments in the area do not have them, Mayor Gamache explained that when the roads are 21 reconstructed in the developments surrounding this one will likely put in concrete curb and gutter 22 unless there are already ditches in the neighborhood, 23 24 Councilmember Jacobson stated it was up to Mr, Johnson ifhe wanted to go through the process and 25 put in ditches and do all the reengineering the City did not need to approve the plat extension. 26 27 Mr, Johnson stated he would like to get an extension and see ifreengineering works, He stated he 28 was a little surprised there is not a letter of credit attached to this, Mr, Dickinson stated they except 29 one at the time a signed development agreement is submitted, plat fees are paid and the final plat is 30 ready for release to be recorded; that has not yet happened, Mr, Dickinson also indicated this was 31 going to be developer installed improvements. 32 33 Councilmember Knight restated his motion, 34 35 Motion carried unanimously, (See Resolution R066-09) 36 37 38 DISCUSS/ADOPT 2010 PRELIMINARY TAX LEVY 39 40 Mr, Dickinson stated each year the City Council is required by state law to approve a preliminary 41 budget and submit a preliminary levy certification to Anoka County Property Records and Taxation 42 Division by September 15th, 43 44 Mr, Dickinson reviewed the information with the Council. Regular Andover City Council Meeting Minutes - September 1, 2009 Page 7 1 2 Councilmember Knight wondered in terms of ratio, workers to population where they are at in the 3 metro area, Mr, Dickinson stated if they are not the lowest, they are in the lowest two percent. 4 5 Councilmember Jacobson thought it was important to know that in the gross levy tax increase at a 6 max of three percent, this includes the open space referendum that has been voter approved, 7 8 Motion by Jacobson, Seconded by Trude, to approve the attached resolution that indicates a total 9 preliminary levy of $10,911,326 to be submitted to the Anoka County Property Records and 10 Taxation Division by September 15th, 11 12 Councilmember Trude wanted to commend the staff for all their hard work. She stated they are also 13 losing three excellent workers which was really sad and she wanted to wish them well on their job 14 search and will be supportive as they move forward, She also thought it was sad that they have 15 people working harder and harder and having to take time off without pay, 16 17 Councilmember Trude stated as she looked at some ofthe other cities and wondered how they can 18 try to come in at a low increase and she found out cities like Anoka still get local government aid and 19 the City of Andover, after 2010, will not expect any State funds at all other than the fiscal disparities, 20 Mr, Dickinson stated they will still receive constitutionally dedicated money, possibly pass through 21 money from the County for specific programs that adhere to State related programs like Score Grant 22 money which is related to recycling and the State Aid Road Program, 23 24 Councilmember Bukkila stated in terms of the big, overall picture, she wanted to come in at a lower 25 commitment. She really liked the 2.48 percent that Mr. Dickinson had prepared for them, She stated 26 for those people that lost a minimal value they are going to have the increased tax burden over the 27 increased numbers they saw. There is a huge shift and a lot of people do not understand the entire 28 program, She stated a lot of people are seeing an incremental tax increase without even seeing the 29 levy, She wanted to make the bigger commitment and indicate she did not want to go to the 3 30 percent. Mr. Dickinson stated she was right relative to the increased tax burden on homes that lost 31 only minimal value, When they do the calculation they do them on the averages and the average 32 reduction within Andover was 10,8 percent and homes that did not experience that could be 33 impacted more than others, 34 35 Councilmember Bukkila stated the thing she is looking at is the two income families that are now 36 down to one and work reduction hours they have had at the City are impacting the residents and most 37 of the City's employees are residents of Andover so now they have the reduced work hours and a tax 38 increase of their properties as well, It is the whole picture of trying to do this as low as possible and 39 give the best commitment and put the best foot forward, She thought three percent was ok but 40 thought people were looking for that extra effort, 41 42 Councilmember Knight thought it should be said that the fact they are able to operate as lean as they 43 are tells them about the dedication and attitude of their work staff and that should be acknowledged, 44 Councilmember Trude stated they have taken on more projects which require more staff and time Regular Andover City Council Meeting Minutes - September 1, 2009 Page 8 1 and the parks continue to be maintained and she thought the streets will be plowed which is what 2 people expect. 3 4 Mayor Gamache stated they have a salary freeze across the board along with the work furlough 5 program and layoffs, He stated the three percent they are looking at is a marker and they cannot go 6 higher but can go lower. He felt that when they get to December the three percent will be lower, 7 8 Motion carried 4 ayes, 1 nay (Bukkila), (See Resolution R067-09) 9 10 11 DISCUSS/APPROVE 2010 DEBT SERVICE LEVY CHANGES 12 13 Mr, Dickinson stated Anoka County Property Records and Taxation Division requires a City Council 14 resolution changing bonded indebtedness levies for 2010 that would have been certified to Anoka 15 County as part of prior years bond sales, 16 17 Mr, Dickinson reviewed the information with the Council. 18 19 Motion by Jacobson, Seconded by Knight, to approve the attached resolution that would update 20 certified bonded indebtedness levies for 2010. Motion carried unanimously, (See Resolution R068- 21 09) 22 23 24 SCHEDULE HEARING DATE FOR 2010 BUDGET DISCUSSION AND PUBLIC COMMENT 25 26 Mr, Dickinson stated the Truth in Taxation law, M.S, 275,065, has changed from last year. 27 Cities are now required to hold a regularly scheduled meeting at which the budget and levy will 28 be discussed and the final levy determined, These hearings must be between November 25 and 29 December 25 and be held after 6:00 p,m, and the public must be allowed to speak, 30 31 Mr, Dickinson reviewed the schedule for discussion and adoption of the 2010 budget and levy 32 with the Council. 33 34 Motion by Knight, Seconded by Jacobson, to approve December 1, 2009 and December 15, 2009 35 as the meeting dates. Motion carried unanimously. 36 37 38 FOLLOW UP- CONSIDER DECLARING DANGEROUS DOG -AUGUST 18TH DISCUSSION 39 40 Mr. Dickinson explained at the August 18th Andover City Council Meeting as part of the agenda 41 item "Consider Declaring Dangerous Dog" the motion gave the date of September 1 st for the 42 owner of the dog to construct either a kennel or fence for the dog to be contained within the yard, 43 44 Councilmember Trude stated they had such a long discussion on it and even after they passed the Regular Andover City Council Meeting Minutes - September 1, 2009 Page 9 1 motion she indicated to the owner of the dog that she wanted him to review with staff what they 2 wanted to do and unfortunately it was not included in the motion, She felt he had a clear warning 3 ifthe dog is out ofthe yard and the neighbor has already seen the dog in the front yard without a 4 leash; this dog will probably not last very long with that kind of attitude in the household. She 5 stated she was frustrated the owner did not take better direction with all the discussion at the 6 meeting about kenneling and making sure the dog is on the leash and will not be able to jump 7 over the fence, He has technically met the rule they put in the resolution, 8 9 10 SCHEDULE SEPTEMBER WORKSHOP 11 12 The Council is requested to schedule a September Workshop meeting at 6:00 p,m, on September 13 22, 2009. 14 15 Motion by Jacobson, Seconded by Trude, to schedule a September Workshop meeting for September 16 22,2009 at 6:00 p,m, Motion carried unanimously, 17 18 19 ADMINISTRATOR REPORT 20 21 City Administrator Dickinson updated the Council on the administration and city department 22 activities, meeting reminders, CIP Projects and development activity, 23 24 25 MAYOR/COUNCIL INPUT 26 27 (School Zone and Buses Reminder) - Mayor Gamache stated the Tuesday after Labor Day school 28 starts and he reminded people to keep their eye on the school zones and school buses, 29 30 31 Motion by Knight, Seconded by Jacobson, to adjourn. Motion carried unanimously, The meeting 32 adjourned at 9:01 p,m, 33 34 Respectfully submitted, 35 36 Susan Osbeck, Recording Secretary Regular Andover City Council Meeting Minutes - September 1, 2009 Page 10 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - September 1,2009 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE,........, .................., ....,........... ..,.. ....., ..........,................ ...., ..........' ...... 1 RESIDENT FORUM"""""",.""""".",.""""",......""""..",.."""""""""""""""".""""""""""",. 1 AGENDA APPROV AL"",,"""'.""""""'."""'."."...."'" """.", """,.",.,.""" "."""",."., "., "",",' ,..' 4 APPROV AL OF MINUTES,........ ..................,..........,........ ...., ............................................. .......... 4 CONSENT ITEMS,.,.""""""""""""""".",. ,.., ,.....,....."""""""""",.,.""".",.""""".,.,.,.""""""" 4 Approval of Claims, """""""""""""" """" ""","""""'" ,,'" """",."""""""""", """',""" ",.", '" 4 Accept Resignation/Park Commissioner Member ....,..........................................,....................., 4 Appoint Park Commission Member .....................,............... ........................ ........ ....,.. ..........,.... 4 Accept DNR FireWise Grant/09-l5/Andover-Ramsey Pine Tree Management Project..........., 5 Rescind Approval of Drainage & Utility Easements/Approve Revised Drainage & Utility Easements/09-30/15005 & 15019 Eagle Street NW.........................................................., 5 Consider Approval Application for Exempt PermitIMN Recreation and Park Foundation ......, 5 Declare Fire Department Excess Property ............................. ............................................. ........ 5 Building Repair - ParksIMaintenance Garage..............,.............................................,.............,. 5 CONSIDER TIME EXTENSION/TIMBER TRAILS 2ND ADDITION FINAL PLAT (See Resolution R066-09) """"""""""""""""""..,.,.,...".,.""""""""""""""""""""".,"""",.,.,",.., 5 DISCUSS/ADOPT 2010 PRELIMINARY TAX LEVY (See Resolution R067-09) ..........,......... 6 DISCUSS/APPROVE 2010 DEBT SERVICE LEVY CHANGES (See Resolution R068-09).... 8 SCHEDULE HEARING DATE FOR 2010 BUDGET DISCUSSION AND PUBLIC COMMENT "","""'" """"",'" """'" """",.",..,.,.....,."".""."""""", ","""" """,", ""'" """,.,., ,," 8 FOLLOW UP - CONSIDER DECLARING DANGEROUS DOG - AUGUST 18TH DISCUSSION ."""""""", """"" "," "" """,., ",.,.", "."""."."", """'," '" """"""".".."" "",."",.".' 8 SCHEDULE SEPTEMBER WORKSHOP """"""",.,.,.,.""""""""",.,..""""",."",..,.",.""""".". 9 ADMINISTRATOR REPORT,.. ....................., ..........................,., ..........,..................,.... ,.........,.... 9 MAYOR/COUNCIL INPUT """",.."""""""",.""""""""""".",""""""""""""""""""""""""'" 9 School Zone and Buses Reminder ..,;.......................... ................,..,...... ................, ..........,.. ,........... 9 ADJOURNMENT,.,.."..""""""""""""""".."""""",.,.,..."".""""""""""""""""",..""""",.""" " 9 t--":,\ ~I ',$ , ";/ ",,,,,,,",,,," 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator / Finance Director FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Payment of Claims DATE: September 15,2009 INTRODUCTION Attached are disbursement edit lists for claims related to the on going business of the City of Andover. DISCUSSION Claims totaling $115,315,88 on disbursement edit list #lfrom 09/11/09 have been issued and released, Claims totaling $1,037,055.83 on disbursement edit list #2 dated 09115/09 will be issued and released upon approval. BUDGET IMPACT The edit lists consist of routine payments with expenses being charged to various department budgets and projects, ACTION REQUESTED The Andover City Council is requested to approve total claims in the amount of $1,152,371,71. Please note that Council Meeting minutes will be used as documented approval. 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OJI 01 d}11 .,; ;:l0 ;:l0 ;:l00 ~ 0"0 0"0 0"00 = QM QM QMM Z ~~ ~~ ~~~ ~ ~'1' ..l<i'1 ..l<i'1'1 " UO UO UOO C::l Q)~ Q~ Q~~ ..... ...<::- ...<::- ...<::-- ~ U~ U'<:t U~~ ~ ..... ~ e ~ ~ ~~ = 0 0 00 ~ 0 0 00 .,; ~ ~ ~~ E:' ~ ~ ~l() ~ I""""'l I""""'l I""""'l'l""""'l = -...... -... ................. ~. ~ ~ ~ ~ _ 0 0 00 = ~~ ~~ ~~~ ~~ = . . . . . . . . o ~~ 00 ~OON ~ .,; 00 ~~ M~O ~ ~ ~~ -- ONM 0 -< MM ~~ O~~ ~ '!""""I '1""""'1 "'i"t'-'I""""'I ("f") - N 0_ @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 · (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members CC: Jim Dickinson, City Administrat FROM: David D. Berkowitz, Director of Public Works/City Engineer SUBJECT: Declare Cost/Order Assessment RoW09-2/2009 Street Reconstruction - Engineering DATE: September 15, 2009 INTRODUCTION The City Council is requested to declare the costs and order preparation ofthe assessment roll for Project 09-2,2009 Street Reconstruction. DISCUSSION The north half of the Woodland Meadows development area was reconstructed this summer as part of the 2009 Street Reconstruction program. Refer to the attached location map. In accordance with the Roadway Reconstruction Assessment Policy, twenty-five percent (25%) of the total project cost associated with each of these projects are being assessed to the benefiting properties. The total project cost is $795,809.79 with $198,952.38 to be assessed to the benefiting properties. The remaining project costs ($596,857.41) will be funded by the City (see attached Final Assessment Worksheet for details). The feasibility report identified the estimated assessment at $6,280.00 per lot and the actual assessment rate based on final construction costs is $5,377.09. After declaring the costs, the assessment roll will be prepared and presented to the City Council for approval and a public hearing date will be set. BUDGET IMP ACT Seventy-five percent (75%) of the total project costs for the street reconstruction projects will be funded from the City's Road & Bridge Fund, and the remaining 25% of the total project costs will be assessed to the benefiting properties, ACTION REQUIRED The City Council is requested to approve the resolution declaring cost and directing the preparation of the assessment roll for the Project 09-2, 2009 Street Reconstruction. ~ectfullY submitted, . Da=~~~~ ~ ) Attachments: Resolution~nal Assessment Worksheet" c.c. Mark Pitman, 2023 175th Lane NW CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT NO, 09-2, 2009 STREET RECONSTRUCTION THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the final construction cost for the improvement amounts to $631.643.98 , the expenses incurred or to be incurred in the making of such improvement amount to $ 164.165,81 so that the total project cost of the improvement will be $ 795.809,79 1, NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: The portion of the cost of such improvement to be paid by the City is hereby declared to be $ 596.857.41 , and the amount to be assessed against benefited property owners is declared to be $ 198.952,38 2. Assessments shall be payable in equal annual installments extending over a period of 10 years. The first of the installments to be payable on or before the 1 st Monday in January 2010, and shall bear interest at the rate of 4,5 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4, The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember and adopted by the City Council at a reqular meeting this 15th day of September, 2009, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Michelle Hartner - Deputy City Clerk FINAL ANDOVER ASSESSMENT WORKSHEET Project Name: 2009 Street Reconstruction Project No. : 09-02 Feasibility Report Date: December 16, 2008 Amount $ 762,870.00 Contract Award Date: April 7, 2009 Amount $ 652,359.50 Final Contract Cost $ 585,849.48 Additional Storm Sewer Costs (City Supplied) $ 45,794.50 Final Construction Cost $ 631,643.98 Actual Expenses Engineering (Includes Surveying, Inspection & Staking): $ 110,716.10 Consulting Costs $ 50.00 Aerial Mapping (1 % of street) $ 5,642.15 Drainage Plan (0.3% of street/storm) $ 1,894.93 Administration (3%) $ 18,949.32 Assessing (1%) $ 6,316.44 Bonding (0.5%) $ - Recording Fees / Legal & Easement $ 173.91 Advertising $ 664.20 Permit and Review Fees $ 1,300.00 Street Signs (Materials and Labor) $ 4,908.31 Material Testing $ 1,913.80 Construction Interest $ 5,120.81 City Costs $ 6,515.84 Total Actual Expenses $ 164,165.81 Expenses Multiplier 25.9902% Total Actual Project Cost Amount: $ 795,809.79 Woodland Meadows North (C.P. 09-02) Construction Costs $ 631,643.98 Assessable Construction Costs (25%) $ 157,911.00 Assessable Indirect Expenses $ 41.041.38 Total Assessable Costs $ 198,952.38 Actual Assessment Rate Per Unit $ 198,952.38 /37 Units= $ 5,377 .09 Feasibility Assessment Rate Per Unit $ 6,280.00 Total Assessments $198,952.38 Total City Costs $596,857.41 . @ 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: Approve Contract for School Liaison/Anoka-Hennepin School District #11 DATE: September 15,2009 INTRODUCTION Annually the City of Andover and the Anoka-Hennepin School District #11 negotiate a contract for the purchase of law enforcements services (police liaisons). DISCUSSION The attached contract is consistent with previous year's contracts and is recommended for approval by City Administration. BUDGET IMP ACT The contract provides for a payment from the School District to the City of Andover in the amount of $83,988. This revenue is used to offset the total cost of the City's contract with the Anoka County Sheriff s Department. ACTION REQUESTED The Andover City Council is requested to approve the attached contract. '- Attachment: Contract This contract by and between the City of Andover (hereafter referred to as "City") and Anoka - Hennepin Independent School District No. II (hereafter referred to as "District) is entered into under Minnesota law, PURPOSE: This contract is to address the need for the presence of police officers in District schools to provide prevention program instruction and liaison service to the District schools recognizing these services: 1. Promote crime prevention within District schools. 2, Provide drug abuse education. 3. Coordinate activities between the District, the criminal justice system, and social serVices, 1. DEFINITIONS. Police Officers working in the District will be engaged in two authorized programs. The School Liaison Officers in the middle schools and high schools will serve students and staff primarily in the area of crime prevention, Officers in the prevention program in the elementary schools will present an approved prevention program which is a part of the fifth grade health curriculum. 2. OFFICER EMPLOYED BY CITY. City shall employ (or assign), in accordance with applicable state statutes, a police officer or officers to serve as School Liaison and Prevention Program officer(s) in District schools, The selection or assignment of such officers shall be done by City in consultation with the principals in the area or City covered by this contract, City shall assume all obligations and payments with regard to officers' salaries and benefits including worker's compensation, PERA, withholding taxes, etc. District will reimburse City as defined in Part 10 of this document. 3. TERM OF CONTRACT. The term of this contract shall be from July 1,2009 to June 30, 2010, District's fiscal year, renewable each year unless terminated by either party as defined in paragraph 10. 4. ADMINISTRATION RESPONSIBILITIES. Law enforcement services rendered to District shall be at the sole direction of City. Standards of performance, discipline of the officer assigned, and other internal matters shall be under the authority of City. If requested, District shall provide City with an appraisal of the services received. City shall provide District with a statistical summary report once a year indicatin2 services provided at the secondary level, Prevention Pro2ram schedules, and the name of the officer(s) providin2 the service. 5. LEVEL OF SERVICE. The officer will respond to emergency calls within the boundaries of City and attend police training and special duties as assigned by City while fulfilling the requirements of this contract. Time spent on emergency calls, police training, etc., shall not be considered to be . time spent as a School Liaison or Prevention Program officer. Time in excess of eight hours per day shall be paid according to the officer's contract, providing such additional time has been approved in advance by City and District. Blanket approvals will not be accepted. 6. DUTIES OF OFFICER. The list of basic duties and work schedule of the officer(s) shall be cooperatively developed between City and District, Police officers shall be deemed to be school officials when performing the duties and responsibilities of the Police Liaison Officer 6a. PRIVACY OF PUPIL RECORDS. Pursuant to the District's Protection and Privacy of Pupil Records Policy and consistent with the requirements of the family Educational Rights and Privacy Act and the Minnesota Government Data Practices Act, police officers shall be deemed to be school officials when performing the duties and responsibilities of the Police Liaison Officer. As such, the Police Liaison Officer and City certifY and agree that all data created, collected, received, stored, used, maintained, or disseminated by the Police Liaison Officer must comply with the Family Educational Rights and Privacy Act and the Minnesota Government Data Practices Act. 7. CLOTHING, EQUIPMENT, AND SUPPLIES. City shall provide any required clothing, uniforms, vehicle, necessary equipment and supplies for officer to perform law enforcement duties. District shall provide School Liaison Officers with a private, lockable office, telephone, and supplies necessary for the officer to perform required duties as specified in paragraph 6 of this contract. 8. SCHOOL CALENDAR. District shall provide City with a school calendar. Liaison services will be provided during the regular school year. 9. TERMINA nON. Either party may terminate this agreement upon 30 days written notice of such .- termination. All payment due hereunder shall be prorated inthe event of such termination, 10. DURATION AND COST, For and in consideration of the provision of School Liaison Officer and the Prevention Program Officer services in accordance with the terms ofthis contract, District shall pay City the sum $83,988.00. Request for payment should be submitted by June 1,2010 of the fiscal year. II. SERVICE TO SCHOOLS. The following secondary schools shall receive School Liaison Officer service as a result of this contract: Andover High School Oak View Middle School The following elementary school shall receive Prevention Program services as a result of this contract: Andover Elementary Crooked Lake Elementary Rum River Elementary 12. SCOPE. It is agreed that the entire agreement of the parties is contained herein and that this agreement supersedes all oral and written agreements and negotiations between the parties relating to the subject matter hereof. IN WITNESS WHEREOF, the parties have hereunder to set their hands. City of Anoka - Hennepin School District No. 11 Signed By Title Date I CONTRACT ADMINISTRATION INFORMATION FORM I CONTACTS AT THE SCHOOL DISTRICT Contracted Administration Dr. Michelle Langenfeld, K-12 Associate Superintendent Educational Service Center 11299 Hanson Blvd NW Coon Rapids MN 55433 763-506-1065 Program Administration Rhonda Dean, Principal Andover High School 763-506-8400 linger Gustafson, Principal Oak View Middle School 763-506-5600 Dorothy Olsen, Principal Andover Elementary 763-506-1700 Cheryl Kortuem, Principal Crooked Lake Elementary 763-506-2100 Deborah Shepard, Principal Rum River Elementary 763-506-8200 Payment Procedures- Pursuant to section 10 of the agreement, the City should submit a bill to: A TTN: Carolyn Lakanen ESe 11299 Hanson Blvd Coon Rapids MN 55433 763-506-1076 @ 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: Captain Tom Wells - Anoka County Shen fs Office SUBJECT: Anoka County Sheriff s Department Monthly Report - Sheriff DATE: September 15,2009 INTRODUCTION Captain Tom Wells from the Anoka County Sheriffs Office will be present to provide the Council and the citizens of Andover with an update on law enforcement activities within the City. - . . --..... - -- -'- ~..-:-:- -- - --- -'~ -,._.: -- DISCUSSION To be verbally presented. ACTION REQUIRED For Council information. Respectfully submitted, Captain Tom Wells Anoka County Sheriff s Office - .1 ---------. - -~o----- 0) 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW. NDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator Will Neumeister, Community Develo ~ FROM: Courtney Bednarz, City Planne~ SUBJECT: Consider Conditional Use Permit Amendment/ extend approval of land reclamation! 2748 1615t Avenue NW -Planning DATE: September 15,2009 INTRODUCTION The applicant has an existing permit for stockpiling up to 3,000 cubic yards of topsoil on the subject property. The permit will expire in December of this year. The applicant is requesting to extend this permit for an additional three years. DISCUSSION Background The permit was initially issued in 2003 with a maximum of 15,000 cubic yards of material. Much of the material originated from the Round Lake Boulevard reconstruction project. The stockpile has been reduced over time. The permit was extended in 2007 with a limit of3,000 cubic yards. As demand has slowed, the remainder of the stockpile has been reduced less quickly and ground cover has been established to prevent displacement to surrounding properties. There have been no complaints or other issues with the applicant since the permit was issued in 2003. Authority to Review The conditional use permit allows the city to review the type of material, the route and method of transportation, measures to prevent displacement from wind, hours of operation, length of the permit, site restoration, etc. Type of Material The material is topsoil generated from various excavating jobs in the area. No concrete, asphalt or other construction material or debris has been or will be allowed to be stored on the site. Transportation 161 st Avenue will continue to be the primary transportation route. Temporary signs are posted during the times when material is being hauled to and from the site. The applicant has an agreement with the property owner to the west for shared access to the driveway shown on the aerial photograph. Hours of Operation The existing permit has hours of operation limited to between 7:00 am to 6:00 pm. No changes are proposed. Length of Permit The applicant is requesting the permit extend through December 1,2012. Storage Area The material will be located toward the southwest corner of the site where it will be protected from wind by existing trees. The location will be approximately 700 feet away from the nearest residential structure. In addition, the stockpile will be required to be seeded and mulched to prevent displacement. Northern Natural Gas The applicant will need to cross a natural gas pipeline to access the storage area. The original letter from Northern Natural Gas is attached. The berm requirement was met in 2003 and has been maintained since that time. Annual Inspection This type of permit has typically been subject to an annual inspection to ensure the terms of the permit are being observed. As indicated above, there have been no issues with the permit since it was issued in 2003. Additionally, staffwill inspect the site at the end of the permit period to make sure that the site has been appropriately restored. Planning Commission Recommendation The Planning Commission unanimously recommended approval of the proposed conditional use permit amendment. ACTION REQUESTED The Council is asked to approve or deny the proposed conditional use permit amendment. Attachments Resolution Location Map Aerial Photograph. 2003 Letter from Northern Natural Gas Planning Commission Minutes 1i~ o e eooarz Cc: Grant Schmitt 2748 161 st Avenue NW Rocky Lindberg 7720 South Orinoco Circle Stacy, MN 55079 ~~.... CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION APPROVING A CONDITIONAL USE PERMIT AMENDMENT TO EXTEND THE APPROVAL OF LAND RECLAMATION ON PROPERTY LOCATED AT 2748 161 ST AVENUE NW(P.I.D. 16-32-24-42-0001), LEGALLY DESCRIBED AS; THE Northwest quarter ofthe Southeast quarter of Section 16 Township 32 Range 24, Anoka County, Minnesota except that part described as follows: beginning at a point on the North line of said quarter quarter 1869.85 feet west from the East quarter corner of said section, thence South at a right angle to said North line 208 feet, thence West parallel with said North line 400 feet, thence North at a right angle 208 feet to said North line, thence East along said North line 400 feet to point of beginning, except road, subj ect to easements of record WHEREAS, Grant Schmitt has requested a Conditional Use Permit to extend the approval of the existing conditional use permit to allow land reclamation to continue for a three year period on property located at 2748 161 st Avenue NW; and WHEREAS, the Planning Commission has reviewed the request and has determined that said request meets the criteria of the City Code; and WHEREAS, the Planning Commission finds the request would not have a detrimental effect upon the health, safety, and general welfare of the City of Andover; and WHEREAS, the Planning Commission recommends to the City Council approval of the Conditional Use Permit request; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the recommendation of the Planning Commission and approves the conditional use permit to allow land reclamation subject to the following conditions: 1. The volume of material stockpiled on the subject property shall be limited to a maximum of 3,000 cubic yards. 2. The permit shall be limited to three years and shall expire December 1,2012. 3. This permit shall be subject to annual site inspection to determine compliance with the City Code and the conditions of this permit. 4. The applicant shall maintain a 3-4 foot berm over the portion of the Northern Natural Gas pipeline that will be crossed by trucks. The berm shall be removed when hauling has been completed. 5. No concrete, asphalt or other construction material or debris shall be allowed to be stored on the site as a part of this permit. -?- 6. The stockpile shall be located in the southwest quadrant ofthe subject property. 7. The stockpile shall be seeded and mulched to prevent displacement. 8. The hours of operation shall only be between 7:00 am and 6:00 pm. 9. The subject property shall be restored to a level condition and groundcover shall be established when the material has been removed and/or at the time the permit expires. 10. Mining of material beyond the imported stockpile shall be prohibited. 11. The Conditional Use Permit shall be subject to a sunset clause as defined in City Code 12-14-6D. Adopted by the City Council of the City of Andover on this _ day of , 2009. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Victoria V olk, City Clerk -4--- S'\NDbVE'~ Conditional Use Permit Incorporated 2748 161stAvenue NW 1974 , ' I "I .. Y ~ - -1' B"....l j j _-[t6STA ~ "" ~:><5' J~ I II 16601 /' 16626 \u - - - - - - g! lj - 161352 16S55 16658 I /1 l?!t N 3296 ~ /' g ~ / f :Qt 2435 16611 ::! [ - -l~- ~ ~ i /'H---_---. - ~.-- \ ["" ;1 "" '92' ?:j" - "_..m...'m.. 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' , m_',~;_ '~_m_1 31":'~~!~~~:'~:; ~-::7- .~ ~ " ~~::- \.\ .................m..I,,9,,;;;;;:;... 1-":":''';;';;;1'~';?- :::::[.::::-[..:::]...:::]..:::..:::~] J "921 'mm _____mm ... ..:;~;;~- \_'~'_ -;~;;:;5i2if~ ~ ~ ~ ~ ~ [~ '\ m.._ m_m mm.... ....m..__..__ ij' f. . I ,"'" m.m 'm. "'m. "_m _m 15684 15887 15SBa I .~......._..... "u__mn_ ........... ~ "'" .._~~~~~-,:~~-)( "'" ''''./ --. ,"'" ~ - ../~ "I ~ · .-.-,,,,\ ........ .../~ I ' . .... ".E. ..::::::'- l::I _____ --;;;~ 'L~' ~ ~] ~~; "").m \-~ L".-<--Jm--..[~) 20.5, .....;;;.;;--~ :--J' · I ~::::- =~= --:-':~~I ~;;; ~ ,"-:hJ:: I Lmmmm_----,-mm..\ __~).mm '~ - _ ___u_ m~-~l*~-'?~-1j1-~ .__/L_,mJ/ - - - .- - - . . n'n'I'III~r. ~ 1-+-- -.. :,~!:j~! '. j] ~.;I'i ~\.~':~-~~-]:~~::]~=:-r~~-f=:,. _mJ ~ : ~"'o/- i~~ ~ -~' ~'m J,~!I ""0 I~ -_mmmml-m.. .._m...m..... ......mm_mm. 'l.mml-mJ ) [mm _";m:,-t'f'k~~ t""l iiM~'~~'~ I' 2309 "" 3341 dJ"j ~ ,; ~~'-5' ~/~ M~.ifjj) ~~'~l;~""i:~::' ..--......-.Z _.:~::.:::.=:-'[5:1. . . :::::::~m... 2159 2048 L.mm.._ ,- .m;;] -'~.. .,"" ~"",,, ~. 1"[ I .......- ......1~3R04h .,/ ~::~:l =C;S;.11.....~,.i...j~t~d'~ .~~~.~J~ l1:~ 15330 :~ 2324 _ Subject Property LocatioNn Map w-9-E s -s-- -. UBC-U'-'UU~ U~:~4pm rrom-rUI\:t:~1 LI\I\t: I.Unll\:l\I.IIIHl Tl.l;.JI'tl.l't't144 I-Qvy r .UU"UU," r-ol.;J ~ Northern . Nonhern Natural Gas CCn1p~ny 6579 ..,20th Strllet . ~!~a~~.LQ~S P.o. B(l~ 3()9 North Branch. MN 55056 651 67 4.44BB December 2, 2003 Mr. Bob Moorhouse Forest Lake Contracting 14777 Lake Drive Forest Lake, MN 55025 RE; Crossing of North em Natural Gas Pipelines Dear Mr. Moorhouse: Northern Natural Gas would not object to Forest Lake Contracting temporarily crossing over our pipelines in Anoka County. The crossing will be specifically and only South of Highway 20 and East of Highway 9 approximately ~ mile. Forest Lake Contracting hereby agrees to benn over Northern Natural Gas's pipeline.with approximately 3-4 feet of additional earth cover. When Forest Lake Contracting has completed the dirt hauling.. the bezm will be removed from the pipeline easement. Sincerely> NORTHERN NATURAL GAS COMPANY Leland Mann Right of Way Agent Agreed and accepted this~ ~ay ofDecember 2003, by aJ 12_~ the ~~-Sto~r- (printed n~e) . . of Forest Lake Contracting. ~/~ /2.. ~~ (title) --1--' TnTClI P IA? DEe 02 2003 15:43 +6514644722 PAGE. 02 PLANNING AND ZONING COMMISSION MEETING - SEPTEMBER 8, 2009 T Regular Bi-Monthly Meeting ofthe Andover Planning and Zoning Commission was calle order by Chairperson Daninger on September 8, 2009, 7:00 p.m., at the Andover City Hal, 685 Crosstown Boulevard NW, Andover, Minnesota. Chairperson Daninger, Commissioners Michael Casey, Tim Kirchoff, Valerie Holthus, Devon Walton, Douglas Falk and Dennis Cleveland. Commissioners absent: Also present: City Planner, urtney Bednarz Associate Planner, Others APPROVAL OF MINUTES. July 14, 2009 Motion by Kirchoff, seconded by Walton, to approve the minutes as presented. carried on a 7-ayes, O-nays, O-present, O-absent vote. .'-"~- .. PUBLIC HEARING: CONDITIONAL USE PERMIT AMENDMENT (09-07) TO EXTEND APPROVAL OF LAND RECLAMATION AT 2748 161sT A VENUE NW. Mr. Bednarz noted the applicant has an existing permit for stockpiling up to 3,000 cubic yards of topsoil on the subject property. The permit will expire in December of this year. The applicant is requesting to extend this permit for an additional three years. Mr. Bednarz reviewed the staff report with the Commission. Commissioner Holthus asked if there have been any problems with the stock pile in the past. Mr. Bednarz stated they have not had any complaints or issues with the operation since it was established in 2003. --tr- Regular Andover Planning and Zoning Commission Meeting Minutes - September 8, 2009 Page 2 Chairperson Daninger asked if the resolution was the same as before except for the date, Mr. Bednarz indicated that was correct. Motion by Casey, seconded by Cleveland, to open the public hearing. Motion carried on a 7-ayes, O-nays, O-present, O-absent vote, Mr. Rocky Lindberg, 14777 Lake Drive, Forest Lake, was at the meeting to answer questions. Chair Daninger asked if this will be the last time they will be asking for an extension. Mr. Lindberg explained the process they perform in their business and indicated Mr. Grant planned on only doing this for a few more years so he figured this will be the last extension request. Motion by Casey, seconded by Kirchoff, to close the public hearing. Motion carried on a 7-ayes, O-nays, O-present, O-absent vote. Commissioner Falk asked if the stock pile went away in the next three years, how does the Conditional Use Permit go away. Mr. Bednarz explained the permit would be subject to annual inspection and they will make sure the site is restored to its previous state once the top soil is gone from the site. He stated the permit; unless the Council revokes it will run for the three years as proposed. Motion by Casey, seconded by Kirchoff, to recommend to the City Council approval of proposed extension of the existing conditional use permit. Motion carried on a 7 -ayes, 0- nays, O-absent vote. Mr. Bednarz stated that this item would be before the Council at the September 15,2009 City Council meeting. PUBLIC RING: CITY CODE AMENDMENT TO CONSIDER CHANGES TO CITY CODE 1 - OME OCCUPATIONS TO ADD EDUCATIONAL PETTING ZOO AS A CONDIT: Mr. Bednarz explained a resident p ented an idea for an educational facility for special needs students to the City Council at the 23 rd Work Session. The Council was generally in favor of the idea and asked that tli anning Commission work through the details of how this type of use would be allowed. Mr. Bednarz reviewed the proposed City Code Amendment wit Commissioner Holthus stated they were not changing anything in the code ere adding a paragraph. Mr. Bednarz explained the proposal as written in the staff rep tis -1- 0) -' I. e I T Y o F NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW~MN.US TO: Mayor and Councilmembers ~ CC: Jim Dickinson, City Administrator Will Neumeister, Community Develop t Director wJ.- FROM: Courtney Bednarz, City Plann~ SUBJECT: Consider City Code Amendment/ Educational Petting Zoo - Planning DATE: September 15,2009 INTRODUCTION A resident presented an idea for animal therapy for special needs students to the City Council at the July 23rd Work Session. The attached letter provides a detailed description ofthe proposal and the staff report compares the proposal to existing zoning regulations. Due to the fact that the applicant's proposal would be run as a business from a residential property some adjustments to the City Code would be necessary for it to be allowed. DISCUSSION At the July 23rd Work Session the Council was generally in favor of the idea and asked that the Planning Commission work through the details of how this type of use would be allowed. The Council suggested a minimum of five acres and annual review of a conditional use permit be required. Planning Commission Discussion The Planning Commission suggested that no changes be made to the City Code and any future proposal be reviewed under the existing home occupation requirements. The Commission also preferred the term animal therapy instead of educational petting zoo. With this approach, City Code 12-9-3 would apply to the proposal (attached). There would be a few conflicts with these regulations, such as: 1. It would be difficult to interpret that the uses allowed by City Code 12-9-3 A. includes animal therapy. 2. The minimum lot size for City Code 12-9-3 is three acres, which is less than the five acres suggested by the Council for this type of facility. 3. The limit of 800 s.f. from City Code 12-9-3 B. 2. Would apply to enclosed accessory structure space to house the animals as well as the outdoor pens. Public Input Mr. Eveland addressed the Commission during the public hearing. While not opposed to the idea, He expressed concern that the city would require a permit for this type of activity and how that may apply to his farm. City Code 12-4-4 allows existing farms to continue as a permitted use (attached). Any changes to the City Code should differentiate between farms and animal therapy. The uses section, City Code 12-12, provides an exemption for existing farms (also attached). This exemption could also be applied to animal therapy if desired. Options to Consider Based on the variety of opinions concerning the proposal, the following options are provided for the Council to consider: 1. Make no changes to the City Code. 2. Change the City Code to allow animal therapy as a permitted use. 3. Change the City Code to allow animal therapy as a conditional use for residential properties larger than five acres. 4. Revise the home occupation section of the City Code to include animal therapy as a conditional use under City Code 12-9-3. Comparison of Proposal to Current Number of Animals Permitted on Rural Properties The applicant's proposal would include 5 or 6 animals. The attached ordinance summary shows how the keeping of animals is currently regulated by the City Code and the number of animals that could otherwise be kept on the 8 acre subject property. Type of Animal Quantity City Code 24 (up to 3 on 2.5 acres and 1 additional per pleasure/recreation animals half acre above 3 acres. No more than 3 per 5-1B-5 acre on parcels 5 acres or larger) farm animals 8 (5 plus one additional per acre above 5 12-12 acres, maximum of 20) additional farm animals are a conditional use As determined through process 12-12 OTHER ASPECTS OF THE PROPOSAL Parking The attached letter indicates that no more than one bus will be present on the site at one time. The existing driveway loops around the front of the property and provides enough space for a bus to park and turn around. Hours of operation The applicant has indicated that activity will take place during regular school hours eventually throughout the year. There would be no weekend or evening events. Accessory Structures City Code 12-6 allows up to 20% of a property to be occupied by accessory structures on parcels greater than five acres in size. A barn and an open air accessory structure exist on the property for a total of approximately 3,200 square feet. This is less than one percent of the area of the 8 acre property. -t- City Code 12-5-5 requires structures that shelter animals to be located a minimum of 100 feet from adjacent homes and 50 feet from adjacent property lines. The existing barn is located approximately 100 feet from the west property line and greater distances from other property lines. The existing open air accessory structure is located approximately 20 feet from the west property line. Planning Commission Recommendation The Planning Commission recommended that no changes to the City Code be made and that any future proposal be reviewed under City Code 12-9-3. Attachments Previously Proposed City Code Amendment Applicant's Letter Location Map Aerial Photograph Animal Ordinance Summary City Code 12-9-3 Home Occupations in Accessory Structures City Code Exemptions Council Minutes Planning Commission Minutes ACTION REQUESTED The Council is asked to determine the changes that should be made to the City Code. Cc: Lauren Fischel 4618 165th Avenue NW .....<'~ ,;/ CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA ORDINANCE NO. - AN ORDINANCE AMENDING CITY CODE TO ADD EDUCATIONAL PETTING ZOO AS A CONDITIONAL USE ON PROPERTIES LARGER THAN FIVE ACRES IN SIZE THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: CITY CODE TITLE 12: ZONING REGULATIONS CHAPTER 2: RULES AND DEFINITIONS SECTION 2: DEFINITIONS ANIMAL THERAPY: A facility that provides supervised educational interaction between students and animals on properties larger than five acres in size. CHAPTER 12: PERMITTED, CONDITIONAL, AND PROHIBITED USES Permitted, Conditional, and Prohibited Uses Zoning Districts R-l R-2 R-3 Animal theraDv on DroDerties lare:er than five acres9 C C C Adopted by the City Council of the City of Andover on this _ day of , 2009. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Michelle Hartner, Deputy City Clerk ~lJ./ > Lauren Ingrid Fischel 4618 l65th Ave. NW Andover MN 55304 Mr. Courtney Bednarz Andover City Planner. 1685 Crosstown Blvd, N,W. Andover, Minnesota 55304 Dear Mr. Bednarz, Thank you so much for the time you spent with me on June 24th, working to make my business venture fit into the city ordinances. Hopefully, the following description of the therapy program will help you and your colleagues understand the program's structure and content. I presently reside at 4816 165th Ave. NW, Andover MN. Currently this property serves a dual purpose as my home and a rescue facility for a sInall number of animals. My professional vocation is that of a special education teacher in the areas of Learning Disabilities and Emotional Behavior Disabilities. My hope is to turn this farm into a therapeutic facility for special education students, specifically students with autism and/or developmentally/cognitively delays. There has been much scientific evidence to support the benefits of animal therapy for students with these types of disabilities. The advantages of working with farm animals is that most of these children would never have the opportunity to interact with them. Farm animals do not require intense interaction (like dogs do) and they are fun to be around with all their funny noises and shapes, The presence of animals completely changes the dynamic in a therapy situation. When an animal is introduced, a person's blood pressure is reduced; shy people come out oftheir shells; people say things to an animal they wouldb..'t risk saying to another human being. Because animals are non-judgmental; they don't care how old you are; what you look like; if you have a disability or have committed a crime. They accept you as you are. With the many laws that govern special education, schools have government funding available to spend on progranis that have proven successful in helping students with disabilities. UnfortUJiately, very few programs of this type exist. .._______________~_.._.~___~..______________.__.______ ..__________ "__.____._.___________________~_________._______________.___ ______ - ______~________. ._ _____ ____...___.__n___ .____________~ _ ____._.._._____ ___~__ ___ The Andover Therapy Program (A.T.P.) would involve minimal structural changes to the existing farm's location and be set up much like a small petting zoo. In a contained area ofthe farm, away from the existing animals, approximately five additiona.l pens would be added. These pens would house animal breeds that were safe and appropriate for persons with disabilities. Schools attending this program would transport a small number of students and their special education teachers and para-professionals (teaching assistants) in school buses to visit with the animals. The students would interact with the animals and also learn about their history, grooming and care. The staff at the farm accompanying the students would include myself and a licensed School Psychologist. 1 . The program would acquire all essential insurance and would most likely be re-classified as a limited liability corporation. At no time would there be more then one school bus on the property. The program would serve no more than three groups of students (from different schools) in a day, with each group ~S- , }I \ spending approximately two hours at the farm, , The inception of the program would be of short duration, with the programs start date targeted for June 1,2010. The farm would be available for visits in June, July and August. The following year, 2011, the program would expand to include both the summer and the school year with the exclusion of the winter' months (November - March). I hope this information has provided you with a clear vision of the Andover Therapy Prograni. Combining special needs children and rescue ~nimals is my passion. As a teacher, I know well the privilege of working with special needs and at-risk students. I have witnessed a hardened street kid melt while restoring faith in an abused horse. I hope you will agree that establishing the Andover Therapy Program (A.T.P.) fills an essential need in our community of learners with disabilities. Since this type of program does not yet exist, I need your assistance to help make Andover more responsive and receptive to programs thatserve to better the community for all. Sincerel~:_.,",~..,,__'"/;'--') /#' / / C-/ _...../.0----- Lauren Ingrid Fischel ~_..^_._.._.___~n~_~ ___ ___~____________________._______ _...._._..___ _ _________"___________________ _______.. _. _.w_...__. _._______ --- - ---- - _._. - n._____ ________~___________~___ __~_ ______________. _______________m ___ -------"---------- \ ; -g~ ~NDbV:E~ Conditional Use Permit Incorporated 2748 161 st Avenue NW 1974 --jS6tH - -'-:-=--' ~I ~ ~. }". .lil ",.. It';;", /})""-\~.""""""""'1 ~"_".L j ~ j ~ \\ /0 ~ ,.", '<d "'" /" 101 ,"S "", 32Sa ~ \ .-' ~.i- ~ - i!..- ----.....- ./ 2559 2507 /' I~........~.__. __...._ _ ~ ." L _ } ~" ,2!I ----11 "" .' /-..-.--. - --.. .-..-..-. - '.-) ,..., II 1662( \~ 27C5 2651 I;' \16552 H ~ 3321, -- <'< (;:) ',$04S . ;' 16571 L\lP{Q"',\ ~,8"1 ~-:---.::.:...:- "" -.--:;: \'--.1. -~='=::"''':::':::::lL: -1-"'- i----------...----- ~ .-_ -. Sf) , '2492 16532 ~ '~\:__ '\ ,,-,;;.' _ ~WJ-' 1~~_:_ [ ~_ c____ __ _ _ _____ .. ~.Kl ~~:d.I~:---:.~.. ~J-I --~.... 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'"'''' \ 15820 C ~ 1~,.. ~ ~ ~ I f:l ~ '/2043 r ------- ----- ~ L---..----.------------r~.~~el~) \~j _ i ~r:~:~...:~~:~{~:;:~~~. _ _ m..._......m...._ ...- ..---__..._ J IS'" "] 1~ I ~ ..-[;;;;-[- ---~ - -- -j--...---- -' - ---- -------- ---- --~~:;--i -::;- _~~~~rm:; - -----~- -- -'?_mmm -.-\-~_____ ~:--~"-,=;" 21,:-1)-:;' II -r- ~ "'--'--1 r "--'j --..----5m,.b'il~:.:::.:::::: .':~ ~ ff ~~ m_:::'. ______.._____ - - -_:~ - ,-~~: _:__:::_ ~~~~].._=-J "" ~~J~ _~5~'_... ,.------m---::,::El:~,THkN"" _:,~-n-.,:-~~~-- ---- ~_ .._m'___ ...____ I _ I j ] --.....--........... m....._....m..._._.._..___...._..._..____ '" '''!1TIiI1!"l-["I"I!''''''''''I.", ~ I" --"I-1J- .-..----.]..-...-..rm - ---2- --7-~ --.--..-----...-..--..- ~~1lL"~ "I~ ~-~. .A'i."'" _m _ _ __.p~_t5. THI6fr"\ '~:\~~}"'i 2325 2279 2217 2165 '1I177 154 i! " ;; ;~I~!~lglm I'~_'"" ~..1'<:0. ______._. ..__... "__'_'_"__, .. ~~ _.W.. \ _y.~ ....,,~, 15394 ' j54I -.-.-....--....-. .-- - --- - --~I. 1 1." '~I~I~~. f~~~.'Z......":r 'r---m..[.----r---.f.-. J.LN......J...-...-m.-....[. .. -Ij5!tTH 2!5."---,-s"4 A~~~~ '\!<<?~, --= ;:< ~~_EI~~ i~\r~-~"''''~'~~1i (~, "---- 2320 2272 2210 2110 2120 :2060 1 15331 g ; ~/~~\~.%l~ 1P~V~._j l~::~. H _.__~__ " j ~ j i~"'" 1~~~\'}."''''''1'''''''''''' '"'' ;J.----..--C------. '1-- -"'-..-. .. --- ~.. - - ~~<;-t~f=-;-b~~~:'~~~!~~~~: I~ 2309 2241 2048 \ 331' ~ _____ l--! ~".....~~",,, '''''I-..~..--...r-.-lz---.-15' ... ./ a' f1531S( ~ ~1m' 15;;;)~ !::03 5--'-~.:le .' :.~:=::: 2159 .....--.... ."'./ ....., ' ~RAN'.M' G;-I'~'~~'''~ .OJ [ Ui' r----- _._173RD-.4t; / ~'5~j ';;;Ci153l1'--"-'-.:.~~:k) 3i.1~leJ li5i;~ 15330 I~ 2324 ,I I _ Subject Property Locati~n Map W~E s -"1~ Animal Ordinance Summary Definitions ANIMALS, PlEASUREI RECREATIONAL: Horses, ponies, foals, donkeys, burros, mules, alpacas and llamas. ANIMALS, FARM: Animals commonly kept for productive purposes on a farm, such as cattle, hogs, sheep, goats, and other similar animals, excluding poultry. NON-DOMESTICATED ANIMAL: Any animal, reptile or fowl, which is not naturally tame or gentle but is of a wild nature or disposition or which, because of its vicious nature or other characteristics, would constitute a danger to human life or property. POULTRY: Domestic fowls, such as chickens, turkeys, ducks or geese, raised for meat or eggs. City Code 12-12 Excerpt R-1 R-2 R-3 R-4 Keeping of pleasure/recreation animals on residential properties at PA PA PA PA least 2.5 acres in size in compliance with Title 5 Keeping of up to 5 farm animals plus one additional farm animal per acre above 5 acres on residential properties 5 acres or greater up to P P P a maximum of 20 animals9 Keeping of more farm animals than allowed as a permitted use on C C C residential properties 5 acres or greater in compliance with Title 59 Keeping of poultry on residential properties without municipal P P P sewer and water in compliance with Title 5 9 Farm operations in existence on April 18, 2006 are exempt from this provision. See also City Code 12-4-4, ~-- F., ~ I ,I rr". , ',.~ G ~t-<' 'd'~ ',. . 'Ll ' L ~1J ~':~ .~ r'~ :.>'-f 1!i'J': .;.),;;~. . ;(:. r;;l' .~-~ ;~ .~ .~ , .~ '. '. . -. CHAPTER 9 HOME OCCUPATIONS SECTION: 12-9-1: Purpose 12-9- 2: Permitted Home Occupations; Location Restrictions >~2-9- 3: Home Occupations In Accessory structures 12-9- 4: Nonconforming Home Occupations 12-9- 5: Conditional Use Permits 12-9- 6: Special Home Occupation Permits 12-9- 7: Inspections 12-9- 8: In-Home Beauty Salons and Barbershops 12-9- 9: Vested Rights 12-9-10: Suspension Or Revocation Of Conditional Use Permit 12-9-11 : Illegal Home Occupations; Penalty 12-9-1: PURPOSE: The purpose of this chapter is to prevent competition with business districts and to provide a means through the establishment of specific standards and procedures by which home occupations can be conducted in residential neighborhoods without jeopardizing the health, safety and general welfare of the surrounding neighborhood, In addition, this chapter is intended to provide a mechanism enabling the distinction between permitted home occupations and nonconforming or customarily more sensitive home occupations, so that nonconforming home occupations may be allowed through an administrative process rather than a legislative hearing process. (Amended Ord. 8, 10-21-1970) 12-9-2: PERMITTED HOME OCCUPATIONS; LOCATION RESTRICTIONS: All home occupations that conform to all of the following provisions may be conducted entirely within the principal structure. Home occupations shall not be conducted in a garage or accessory building unless the property owner conducting the home occupation has obtained a Conditional Use Permit as stated in Section 12-9-3 of this chapter or has obtained a Special Home Occupation Permit as stated in Section 12-9-4 of this chapter. A. Permitted Home Occupations Enumerated: Permitted home occupations include, and are limited to: art or photo studio, dressmaking, secretarial services, professional offices, repair services, or teaching services limited to three (3) students at anyone time and similar uses. -/6- B. Number Of Employees: The number of employees shall be limited to one person on site in addition to family members. (Amended Ord. 8, 10- 21-1970) C. Amount Of Building Space Used: The area within the principal structure used by the home occupation shall not exceed twenty percent (20%) of the dwelling's livable floor area. Basements may be included if they meet all State Building Code requirements, (Amended. Ord. 8,10-21-1970; amd. 2003 Code) D. On Site Sales: On site sales shall be prohibited, except those clearly incidental to services provided in the dwelling. E. Dwelling Changes: Any interior or exterior alterations of a dwelling for a home occupation shall be prohibited, except those customarily found in a dwelling. F. Vehicles: Vehicles associated with a home occupation shall be limited to one vehicle on the premises (said vehicle shall not exceed gross capacity weight of 12,000 pounds). G. Signs: Signs shall be regulated as stated in Title 12, Chapter 15. H. Performance Standards: No home occupation shall produce light glare, noise, odor or vibration that will in any way have an objectionable effect upon adjacent or nearby property, I. Supervision: The home occupation shall be conducted by at least one member of the family who resides in the dwelling unit. J. Building And Safety Requirements: The home occupation shall meet all applicable fire and building codes, (Amended Ord. 8, 10-21-1970) ) 12-9-3: HOME OCCUPATIONS IN ACCESSORY STRUCTURES A. Conditional Use Permit Required: A Conditional Use Permit shall be required for the following home occupations that are located in an accessory structure or detached garage and/or require exterior storage: 1. Cabinet making. A-p9 L.. 2. Woodworking. ~Nl~ t>~ 3. Repair services. 1W~g,~ 4. Similar uses as those stated in Subsections A 1 through A3 of this -/1- section. B. Conditions Of Permit: These home occupations shall be subject to the following conditions: ~Fl4cr :I >1. Lot Size: The size of the lot or parcel of land shall be three (3) acres or S- A~E IN I MvJ'f\!arger. <D 2. Area Of Use: The combined square footage of the accessory structure EY,iSTIN(p AccFSSoe..~and/or outside storage area utilized by the home occupation shall not ~vrLt::>iN&-;) -ro'TI\ L exceed eight hundred (800) square feet. ~ppa>u~ I ~i 'LOO s.. 3. Setbacks: Setbacks of the accessory building and outside storage area AN shall be of a magnitude found necessary by the city, but in no case shall (j) vJ"v I D '~ there be less than a one hundred foot (100') front yard setback, thirty foot Pf3WS g~ tAl . O~30') side yard setback and fifty foot (50') rear yard setback or as required W --n~ (!;cO ~ o-f. . in Section 12-3-4 of this title. 4. Storage Restrictions: The outside storage area and all commercial o A-NtM~ vehicles, materials and equipment for the business being stored on site (/1'l)O~ ~ shall be fenced, landscaped and screened in such a manner as to prevent p~"'S()vlD Be them from being visible at any time of the year from road rights-of-way, VI s t6Le. public properties and surrounding properties. (Amended Ord. 314 10-4- 2005) 5. Other Requirements: All provisions in Section 12-9-2 of this chapter. (Amended Ord. 8,10-21-1970) 6. Termination of Use Upon Sale of Property: Upon sale of the premises for which the Conditional Use Permit is granted, such permit shall terminate. (Amended Ord. 314 10-4-2005) 12-9-4: NONCONFORMING HOME OCCUPATIONS: Properties that had nonconforming home occupations prior to the adoption of this title (May 15, 1990) were given an opportunity to apply for a Special Home Occupation Permit. Those that were granted a permit are on file with the Department of Community Development and may continue to operate. However, they shall not increase in extent, number, volume, or scope from any of the information stated in the permit, or the permit will be subject to revocation. (Amended Ord. 314 10-4-2005) 12-9-5: CONDITIONAL USE PERMITS: Conditional Use Permits granted in Section 12-9-3 of this chapter shall follow the criteria established in Section 12- 14-6 of this title. These permits shall be valid for one year from the date of --rz ---- issuance (unless otherwise specified in the resolution for approval) and thereafter shall be automatically renewed each year unless objections or complaints are received or the conditions of the permit are not adhered to. (Amended Ord. 8, 10- 21-1970) 12-9-6: SPECIAL HOME OCCUPATION PERMITS: A. Temporary Permits: Nonconforming Home Occupation permits granted by Section 12-9-4 of this chapter shall be temporary in nature, and shall be granted to a designated person who resides at the address where the home occupation is being conducted. (Amended Ord. 314, 10-4-2005) B. Non-transferability Of Permit: These permits shall not run with the land and shall not be transferable. C. Renewal Of Permit: Special Home Occupation Permits shall be automatically renewed each year unless objections or complaints are received, or conditions of the permit are not adhered to. D. Termination Of Permit: If the Special Home Occupation Permit holder expires or moves to a new location, the existing permit shall automatically terminate. In the case of death or other separation, the family member(s) remaining at the same address may continue the home occupation if written notice is given to the Department of Community Development and authorization for the continuation of the permit is given with Council approval. (Amended Ord. 314 10-4-05) 12-9-7: INSPECTIONS: There may be one annual inspection each year made by the City Administrator or Administrator's designee of the property covered by a Conditional Use Permit or Special Home Occupation Permit. In addition, the City Administrator or the Administrator's designee shall, upon reasonable request, enter and inspect the premises covered by said permit for compliance purposes. (Amended Ord. 8,10-21-1970) 12-9-8: IN HOME BEAUTY SALONS AND BARBERSHOPS: In home beauty salons/barbershops shall be subject to the following: A. Compliance with Title 3, Chapter 6 of the City Code. B. Drawings Submitted: Drawings detailing the salon/shop shall be submitted at the time of the request for the Conditional Use Permit. C. Compliance With State Requirements: The salon/shop must comply with -- J?>- the State Cosmetology Board and the State Barbers Board requirements. D. Number of Chairs: One chair salon/barber only. E. Hours of Operation: The hours of operation shall be approved by the City Council. F, Parking: Parking requirements shall be as set out in section 12-13-10 of this title. G, Non-sewered Areas: In non-sewered areas, the septic system shall be in compliance with Title 10, Chapter 4 of this code. A beauty shop/barber shop shall be considered the equivalent to one bedroom in terms of usage under Title 10, Chapter 4 of this code. H. Occupancy By Owner: The beauty shop/barber shop shall be owner occupied. I. Termination of Use Upon Sale of Property: Upon sale of the premises for which the Conditional Use Permit is granted, such permit shall terminate. (Amended Ord. 8,10-21-1970, Ord. 31410-4-2005) 12-9-9: VESTED RIGHTS: No home occupation allowed by Conditional Use Permit or Special Home Occupation Permit shall confer upon any person or to the benefit of any property owner any vested right. Rather, the use shall remain subject to all conditions of the permit as established by the city. The city may find it necessary from time to time to review the conditions of the permit as they relate to the provisions of the general welfare of the community. (Amended Ord. 8,10-21-1970) 12-9-10: SUSPENSION OR REVOCATION OF CONDITIONAL USE PERMIT: When the City Council determines that the public interest so requires, it may revoke or suspend the Conditional Use Permit of a home occupation when it finds, after due investigation and a public hearing, that: A. The permit holder, or any of his or her employees, has concealed the receipt of stolen property or has knowingly received stolen property. B. The permit holder has not complied with the provisions of law applicable to the premises, equipment or operation of the home occupation. C. The permit holder has obtained a permit through fraud or misstatement. -7c;~ D. The home occupation or activity is being conducted in a manner found to be detrimental to the health, safety, or general welfare of the public or is a nuisance, or is being operated or carried on in an unlawful manner. E. The home occupation has not been operating or in business for a period of six (6) consecutive months. (Amended Ord. 8, 10-21-1970) 12-9-11 : ILLEGAL HOME OCCUPATIONS; PENALTY: All home occupations that are being conducted in violation of this chapter are illegal. Any person violating any provision of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to punishment as defined by state law. (Amended Ord. 8, 10-21-1970) 12-9-12: FARM WINERIES: The following provisions shall apply to all farm wineries that are considered home occupations under the Conditional Use Permit process: A. Farm wineries which shall be allowed on 2 % acre or larger parcels in the R-1, R-2 and R-3 Zoning Districts. B. Farm Wineries shall follow the standard building setbacks for the applicable Zoning District. C. Whether conducted in a principal or accessory structure, a farm winery shall not be operated as a retail store (Le. no retail displays will be allowed). D. Farm wineries shall be allowed only six on-site customer sales per day. All other sales will need to be made by the internet/telephone and mailed or shipped to the buyer. E. Farm wineries shall be subject to production limits on the amount of wine produced on-site each year, as specified in the Conditional Use Permit. F, Other Requirements including but not limited to: All provisions of Section 12-9-2 and 12-9-7 of this chapter. G. Termination of Use Upon Sale of Property: Upon sale of the premises for which the Conditional Use Permit is granted, such permit shall terminate. (Amd. 2/20/07, Ord. 339) --;i?--- C'ry G-DE .&EM~> . 12-4-4: FARMING OPERATiONS: A. Permitted Use: All farms in existence upon the effective date of this title and all farms that are brought into the city by annexation shall be a permitted use. S, Building Regulations: All dwelling units and structures for processing of farm goods shall require a building permit and conform to all requirements of the building code 1, C. Conditional Use Requirements: The governing body may require any farm operation to secure a Conditional Use Permit to continue said operations in the event of the following: 1, The farm is adjacent to or within four hundred feet (400') of any dwelling unit and may be detrimental to living conditions by emitting noise, odor, vibrations, hazards to safety and the like. 2. The farming operations are so intensive as to constitute an industrial type use consisting of the compounding, processing, and packaging of products for wholesale or retail trade and further that such operations may tend to become a permanent industrial type operation that cannot be terminated as can a normal farming operation, (Amended Ord, 8,10-21- C 1970) rry CoDE /'2.- i '2 'EXcMpr!~NS (Amended Ord. 8, 10-21-1970; amd. Ord. 8JJJJJJ, 7-18-2002; Ord. 8000000, 8-5-2002; Ord.8QQQQQQ, 10-1-200: 1-2002; amd. Ord. 8AAAAAAA, 4-15-2003; amd. 2003 Code; amd. Ord. 314 10-4~2005; amd. Ord. 385 7-21-09) 1. Conditional use permits for uses not listed herein shall not be granted except where the city council determines that said use: character to those listed herein. Within any of the following districts, no land or structure shall be used for the following uses I except by conditional use permit and in accordance with the criteria as stated in subsection 12-15-60 of this title. 2, Private sewer and water systems shall only be permitted on every other lot; or no more frequently than one private system fo thousand (40,000) square feet where large lots are established. This shall not apply to lots of record at the time this title is a( each new plat, the lots are to be developed in accordance with this chapter and shall be so designated. 3. Private sewer and water systems shall only be permitted to replace systems on existing lots when municipal sewer and wate (Amended Ord. 314, 10-4-2005) 4. Provided a minimum of twenty five thousand (25,000) square feet of retail floor space is constructed, except as otherwise api a Planned Unit Development. 5. Including, but not limited to: buildings such as telephone exchange stations, booster or substations, elevated tanks and lift s1< conforming to architectural style of the neighborhood. 6. Loading berths prohibited in the LB district. 7. After a minimum of two thousand (2,000) square feet of retail floor space is constructed, provided the site is two (2) acres or o $ee su bsectlon 13-2-4 of th Is code for perm Itted, cond Itlonal, and prohibited uses I n the Ag P district. 9. I Farm operations in existence on April 18, 2006 are exempt from this provision. See also City Code 12-4-4. -i'~ ANDOVER CITY COUNCIL WORKSHOP - JULY 23,2009 MINUTES The Andover City Council Workshop was called to order by Mayor Mike Gamache, July 23,2009, 6:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Sheri Bukkila, Don Jacobson, Mike Knight, Julie Trude Councilmember absent: None Also present: City Planner, Courtney Bednarz Director of Public Works/City Engineer, Dave Berkowitz City Administrator, Jim Dickinson Others DISCUSS RESIDENT REQUEST - RESIDENTIAL PETTING ZOO (AS HOME OCCUPATION) Mr. Bednarz explained a resident at 4618 Roanoke Street NW approached staff with interest in operating a therapy program involving children with disabilities and farm animals on this 8 acre property: Mayor Gamache asked ifthe house faces toward 165th Avenue. Mr. Bednarz stated it is set off away from the County Road but does face it. Mayor Gamache asked if the resident had all the animals already. Mr. Bednarz stated she did not but would get smaller animals for the kids. Councilmember Bukkila liked the idea of this. Mr. Bednarz stated the applicant is allowed to have the animals but as a business the code does not regulate this very well. Councilmember Jacobson noted they allow dog kennels where there could be more dogs than allowed in districts. He asked ifthis would be a business in the winter. Mr. Bednarz indicated it would be run three months out of the year according to the applicant's letter. Mr. Bednarz stated if the Council liked the idea they may want to put in some limits and should decide how they would want to regulate this. Mayor Gamache stated he would be fine with allowing this type of business on five acres but nothing less. Councilmember Trude stated she would not want to see a lot of buses coming and going with buses parked along the road. Councilmember Jacobson stated they could make it a conditional use where they would need to come in every year for approval. The Council discussed wording to allow one more than five acres, a Conditional Use Permit, and that the business needs to be reviewed annually and indicate hours of operation. ..-) 7- Regular Andover Planning and Zoning Commission Meeting Minutes - September 8, 2009 Page 2 hairperson Daninger asked if the resolution was the same as before except for the date. Bednarz indicated that was correct. Motion Casey, seconded by Cleveland, to open the public hearing. Motion carried on a 7 -ayes, 0- ys, O-present, O-absent vote. Mr. Rocky Lindo , 14777 Lake Drive, Forest Lake, was at the meeting to answer questions. Chair Daninger asked if tH' will be the last time they will be asking for an extension. Mr. Lindberg explained the p cess they perform in their business and indicated Mr. Grant planned on only doing thi or a few more years so he figured this will be the last extension request. Motion by Casey, seconded by Kirchoff, close the public hearing. Motion carried on a 7-ayes, O-nays, O-present, O-absent vote. Commissioner Falk asked if the stock pile went a in the next three years, how does the Conditional Use Permit go away. Mr. Bednarz ex ained the permit would be subject to annual inspection and they will make sure the site is r tored to its previous state once the top soil is gone from the site. He stated the permit; unle the Council revokes it will run for the three years as proposed. Motion by Casey, seconded by Kirchoff, to recommend to the City unci I approval of proposed extension of the existing conditional use permit. Motion carr d on a 7 -ayes, 0- nays, O-absent vote. Mr. Bednarz stated that this item would be before the Council at the September City Council meeting. ,. PUBLIC HEARING: CITY CODE AMENDMENT TO CONSIDER CHANGES TO CITY CODE 12-9 HOME OCCUPATIONS TO ADD EDUCATIONAL PETTING ZOO AS A CONDITIONAL USE. Mr. Bednarz explained a resident presented an idea for an educational facility for special needs students to the City Council at the July 23rd Work Session. The Council was generally in favor of the idea and asked that the Planning Commission work through the details of how this type of use would be allowed, Mr, Bednarz reviewed the proposed City Code Amendment with the Commission, Commissioner Holthus stated they were not changing anything in the code but were adding a paragraph. Mr. Bednarz explained the proposal as written in the staff report is ~e~ Regular Andover Planning and Zoning Commission Meeting Minutes - September 8, 2009 Page 3 to add Educational Petting Zoo as a Conditional Use in the three zoning districts and further restricted on properties larger than five acres. Chairperson Daninger noted the applicant will have to come back if approved for a CUP. Mr. Bednarz explained that was correct. Commissioner Holthus thought this was a great idea but had many questions and when she first looked at this she thought of a petting zoo but when she read further into it this became less of a petting zoo and more animal therapy so she wondered if what they were calling the change in the City Code was correct. Should it be a petting zoo or animal therapy. She also wondered if the State of Minnesota had any certification for animal therapy or an animal therapist. She also came up with more questions in regards to the students and animals. That she would like to ask the applicant and wondered how they would handle a CUP like this. Chairperson Daninger asked if the Council in their workshop look at a different area to define this as. Mr. Bednarz stated they did talk briefly about where in the City Code it might fit, they talked about the home occupation ordinance and as shown in the staff report there are some specific regulations for home occupations operating out of accessory structures that would conflict with the proposal which is only a three acre minimum and other things so they could go back into the home occupation code and spend time reworking it but it was deemed to be a little more straight forward and simpler to look at amending the uses section of the code with an appropriate definition but to have that listed as a use on larger than five acres and as a CUP. Commissioner Kirchoff asked without this being described as a petting zoo a person could have animals to this degree on eight acres already or was there a restriction on the type of animal. Mr. Bednarz stated this is regulated by acreage and the type of animal. Commissioner Kirchoff asked the only reason why they were looking at this being a CUP was because it was a business. Mr. Bednarz indicated that was correct. Commissioner Holthus thought this business seemed like more of a treatment or some exposure to animals that will have a result in the end and when she thinks of a petting zoo she thinks more recreational and not necessarily to reach some sort of goal. She thought a petting zoo to her seemed recreational so she wondered if this was called the correct thing. She also wanted the children and staff to be safe. She would like to be sure the animals are safe and that no one gets hurt. She also wondered what the State of Minnesota requires for animal therapists. Motion by Casey, seconded by Kirchoff, to open the public hearing. Motion carried on a 7-ayes, O-nays, O-present, O-absent vote. Mr. Don Eveland, 2575 Andover Boulevard, thought this was a horrible idea. He stated he hated the classification of petting zoo because he allows people to come to his farm ~/1- Regular Andover Planning and Zoning Commission Meeting Minutes - September 8, 2009 Page 4 and see and pet his animals. He stated the USDA will want to check the animals annually to make sure they are being taken care of. He stated the animals will need to be accounted for. He did not think this should be a Conditional Use Permit of any kind. He thought if this was approved it would affect his business. He did not understand why the City needs to be involved in this. He thought the City was singling them out rather than all the other farms and factories going on in Andover. He did not understand why a person would need to have a CUP for animals. Commissioner Kirchoff asked if he had an animal farm where people came to the farm to pet his animals. Mr. Eveland stated that was correct but they come to see the animals and not necessarily to pet them. He stated if this is approved he will be required to have a CUP for his farm. He did not think the City had a right to be able to shut him down if they wanted to. Ms. Lauren Fischell, 4618 161 st Avenue NW, Andover, was at the meeting to answer questions. Commissioner Holthus asked how Mr. Fischell can be absolutely positive that the animals the children will be exposed to will be safe. Ms. Fischell stated one of the ways of doing that is to bring them up as babies. She stated she is also running a small rescue farm and has had fifteen years in the animal rescue business. She stated the animals have to be certified as therapy animals so regardless of the animal she would envision raising some of them herself and they will need to be certified therapy appropriate in order to use them. Commissioner Holthus wondered how long the children will be exposed to the animals to work with them. Ms. Fischell indicated she envisioned a couple of hours in a group of maybe five students. Special Ed students are small with a couple of teachers. Commissioner Holthus asked if she thought of the word petting zoo or was this more of a therapeutic business for her. Ms. Fischell indicated she never thought this would be a petting zoo and when she talked with staff they needed to someone to envision what the structure was and they thought of the petting zoo because the animals will be, depending on the weather, in a building or outside in a pen, segregated so a student can work with each animal individually. Commissioner Holthus asked if the certification of the animals comes from the State of Minnesota. Ms. Fischell stated it is in her business plan and believed there are people in Minnesota that certifies animals. Commissioner Holthus asked if Ms. Fischell will need to get certified by the State. Ms. Fischell stated there is no certification and the people running these types of programs are Special Ed teachers, psychologists and social workers. There are no certifications anywhere in the Country for animal certification that she was aware of. --Z/v~./ Regular Andover Planning and Zoning Commission Meeting Minutes - September 8, 2009 Page 5 Commissioner Holthus asked if there would be only one school bus at a time. Ms. Fischell indicated that was correct. Commissioner Holthus asked how often the children would come to receive therapy. Ms. Fischell indicated that would be up to each individual school system. Commissioner Holthus asked Ms. Fischell if she has approached District 16 or 11 about her program. Ms. Fischell indicated she has not done that yet. She stated she has approached her own school about the program and they would be happy to utilize it. Commissioner Casey asked what type of animal Ms. Pischell will be using. Ms. Fischell did not envision a riding therapy program but would be using pigmy goats, potbelly pigs, llamas and donkeys. Commissioner Walton asked if there will be any advertisement or signage on the property. Ms. Fischell stated if she would she would need to go before the City for approval. She also envisioned a color brochure and visits to Special Ed directors. Commissioner Walton asked if there will be a fee or will this be open to the general public. Ms. Fischell stated the business will not be open to the public. Commissioner Walton asked how they are set up for buses. Ms. Fischell indicated the property was large enough to accommodate a bus. Commissioner Walton asked if her neighbors would be able to see a bus on the property. Ms. Fischell explained where on her property the bus would park. Chairperson Daninger stated his concern was snow removal. He asked what she would do if someone wanted to have a birthday party at this site. Ms. Pischell stated this would not be allowed because it will be strictly for therapy and helping special education students. Chairperson Daninger asked if there will be other people working there. Ms. Fischell explained it depended on how big the business becomes and how many schools visit. Chairperson Daninger asked what kind of animals she rescued and will they be segregated from the people. Ms. Fischell stated at present they have a few horses, a pony and two goats which are segregated and would not work for therapeutic purposes because of their temperament. They are housed in a different place. Commissioner Falk asked how many kids she planned to have on site at one time. Ms. Fischell stated she planned on having five to eight students at one time. Commissioner Kirchoff asked if a person had a licensed therapy business in Andover would they need to have a home permit from the City. He asked if another building were --ZA ~ Regular Andover Planning and Zoning Commission Meeting Minutes - September 8, 2009 Page 6 placed on site where therapy would be conducted what would they need a permit for other than animals because he did not think they should apply. Mr. Bednarz stated once a business is operated outside of an accessory building a Conditional Use Permit is needed under the terms of their home occupation ordinance along with at least three acres. Commissioner Kirchoff stated he thought this was a great business idea but he wondered ifthey really wanted to have this require a permit. Mr. Eveland stated the whole thing about this being a home business bothers him because it really is not in the home. The way this is written up animals are permitted on five acres or more so basically anyone in Andover could have animals with a business like theirs. He stated there is no small acreage requirement. To him this is too much government. Motion by Walton, seconded by Casey, to close the public hearing. Motion carried on a 7 -ayes, O-nays, O-present, O-absent vote. Commissioner Kirchoff asked what would have to change in their existing ordinance to allow a business like this in Andover. Mr. Bednarz explained what the City would need to review and possibly change for a business like this to be allowed to exist in the City. The Commission discussed if they should add a paragraph to the code for this type of business or if this should be allowed without a CUP as a home business. Commissioner Holthus did not think they should anything to their City Code but if they did it should indicate "animal therapy" and not "petting zoo". Commissioner Falk thought this should be considered a farm. It is a business which will need to be regulated somehow. Maybe they need to treat this as a home business and go from there. Mr. Bednarz reviewed if the City did not do any changes what would be required for the business to operate in Andover. Commissioner Walton stated he liked the idea of modifying the home occupation and calling it a therapy business. This is a fine line between farming and a different type of business with animals. He thought it would be good to lay some kind of baseline down on how to manage a home based business versus a farm. He thought there needed to be some kind of regulation because it is not farming; it needs a home occupation definition but not necessarily elsewhere in the code. Motion by Holthus, seconded by Casey, to recommend they do not add the Chapter 12 change to the City Code. Motion carried on a 7 -ayes, O-nays, O-present, O-absent vote. Mr. Bednarz stated that this item would be before the Council at the September 15,2009 City Council meeting. ,..-.&u'" @ C I T Y 0 F NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members ~ CC: Jim Dickinson, City Administrator David D. Berkowitz, Director ofPubh . orks/City Enginee~ FROM: Todd J, Haas, Assistant Public Works Director SUBJECT: Consider Community Garden Lots - Engineering DATE: September 15, 2009 INTRODUCTION The City Council is requested to consider community garden plots in city park areas and/or other city owned property as requested by the Park Commission, DISCUSSION This was discussed up by the City Council earlier this summer about the possibility of providing this program to the residents. This was recently discussed in August with the Park Commission to see if the City of Andover should consider having community garden plots located somewhere in park property or other city owned property. Attached is some information from the City of Coon Rapids regarding their garden plot program and the cost for a plot, which is dependant on the size, Also attached is article about a program in the City of Milwaukee for your review, The Park Commission is recommending the City Council to move forward and direct the Park Commission with support from staff to determine a couple parks and/or city owned property that would have the type of soils to support gardening. Once the Park Commission has determined the potential sites, this will be brought back to the City Council later this fall as to the sites to be considered. Note: City staff wants to make sure that before a lot of time is spent on researching potential locations that the Council is on board with this program, BUDGET IMPACTS If the City Council gives direction to the Park Commission to move forward, the Council will need to discuss how to fund for this as the fees that the city collects will most likely not be enough to cover city costs such as tilling in spring and fall, watering, surveying out the plots, collecting the fees, meeting the residents and site cleanup both during the season and the final fall cleanup. ACTION REQUESTED The City Council is recommended by the Park Commission to direct city staff and the Park Commission to prepare a list of potential sites, evaluate each potential site and bring the list and information back to Council later on this fall. Respectfully ~ T~ Attachments: City of Coon Rapids Info. & Newspaper Article c.c. 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Q., ec:: C-l:...n Po U CI.~ ~ .. . .. ..,.. " p __'" .__. ..... _. .__J ESO-= vO/EO'd nEODl ov9S1S1E91+ S~~OM JI1snd saldV~ NOOJ-WOJ~ 60:91 SO-11-!ny Aug-17-09 15:09 From-COON R; ; PUBLIC WORKS +7637676540 T-030 P.04/04 H63 ~ "i<e COON e1'U~ GAlabRJ1 PLans Pullllo W~.1c5 DoI'IlT'll"Wlf R8PIDS IS31 lltth^'4oIl\1~NW CcQQ Ral>ld5,M1'l :;.'''''):;-)'1",1l "(o617(11.'707-Mf'I"l fu'7lJ'.'b706.~-411 Minnesom APPLICAllIOJ1 wWY{.c.oOilfl\Pld~ml'l p:rvlpl;tlh~wart~ Name of Applicant: Date: Address of Applicant: Coon Rapids, 11:N Zip: Telephone: Assigned Plot Number: Fee: Please return your sign.ed application along with a. check Or money order (payable to City of Coon Rapids) by May 1 st to Kari at Coon Rapids Public"W orks 1831-111 rh Ave. NW, Coon Rapids, l\1N 55433. After May 1st, any unpaid ga~den plot reservations will be cancelled and re-assigned. The garden plot size that you requested at the time of reservation is indicated below and can only be cIlanged if any plots are still available: o SmaU plot (10'x15') = $25 D Medium plot (25'x35') = $43 D l.~n'ge plot (20'x75')""' $55 Garden plots are reserved on a first come first serve basis, You may reserve one plot per household until April 24th , after that you may reserve one additional plot ifsome arc still available. Plots will be available for planting May 18t through October 15t\ 2009. Water is included in the rental fee. Please keep watering to a maximum of one hour. Turn off the water when you . leave and do not water ovemight. Gardeners must provide their o\vn hoses, rools. and supplies. Fencing is allowed but is not provided by the City. The garden plots are assigned to you by number (see above for your plot number) and marked out with stakes. Fencing m\d gardening materials must be cleared out by Ocrober 20th. Any materials left behind WILL BE DESTROYED! Please place all garden debris in the compost area provided (area will be set up in the fall). Parking on the north shoulder of 121 8t Ave. is permitted. Please do not park at the Fire Station. Restrooms are not available at the garden site so please plan accordingly. Call Kari with Coon Rapids Public Works at (763) 767-6462 with any questions or concerns. All paid fees are final, no refunds v..-iI1 be issued. For additional rules, please see the attached "Guidelines to Happy Gardening". I hereby state that I will agree to abide by the provisions contained in this application and in the attached guidelines. Signature of Applicant: Date: Gllrd~n Plots Appuelllion_l.doe R~ise4 04/09 r "..;..... issues~tre~1d!. ~~i i"-~ tt': ~\:i~ Milwaukee children I,.",", ~~;~~~ plant flowers and f;<~~i vegetables in a community garden {TW; on lots left vacantrby ",,".;' foreclosures. Green i acres to start community gardens and are looking for resources and guidance on how to sustain . the big city community gardens long-term. In Miami officials are overhauling the city's zoning ordinance to include new laws Increase in urban agriculture leads to regulating community gardens, roof top gardens, greenhouses and backyard gardens. nevvordinances One change would add community gardens to the list of projects supported by a developer- funded public open space fund. "'We're looking n increasing number of at ways to add urban agriculture," says Luciana city dwellers are starting Gonzalez, assistant to the planning director, vegetable gardens and, "because it helps build a sense of community, in some cases, keeping encourages people to live healthier lifestyles livestock in an effort to save and it provides educational opportunities for money on groceries or to children to learn where food comes from." make certain they know where their food is In a similar effort this spring, Milwaukee coming from. In response, city and county began leasing five lots in a central city officials are finding ways to promote and neighborhood that had been left vacant by regulate urban agriculture. foreclosures for use as community gardens as The American Community Gardening part of an effort to revitalize faltering areas. Association (ACGA) has seen a surge of interest Yves LaPierre, a real estate analyst for the city, in community gardens over the last six months, says the three-year leases on the gardens are fueled in part by First Lady Michelle Obama enough to give gardeners a sense of tenure planting a vegetable garden at the White and stability, but do not prevent the land from House. "\Ve've had a 200 percent increase in being developed over the long-term. "You hits on our vVeb site and a 75 percent increase always want to keep land available in caSe the in calls," says Bobby Wilson, ACGA president. market changes," he says. He reports the biggest increase has been from - Annemarie Mannion is a Willowbrook, Ill- park districts and municipalities that want based freelance writer. 16 July 20091 www.americancityandcounty.com __uu,__u. "._m_ _.~'-'-.~. .-.- . "- '.'-." "---" . ..~. ,,_... .....-.", ..-' -" .....-.. -.- '-.-.... e I T Y o F @ NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members ~ CC: Jim Dickinson, City Administrator FROM: David Berkowitz, Director of Public Works/City Engineer SUBJECT: Declare Cost/Order Assessment RoII/08-37/157th Avenue NW Reconstruction (MSAS 102) - Engineering DATE: September 15, 2009 INTRODUCTION The City Council is requested to declare the cost and order preparation of the assessment roll for Project 08-37, 157th Avenue NW Reconstruction (MSAS 102). DISCUSSION Reconstruction of 15ih Avenue NW from Prairie Road NW to University Avenue NW has been completed. A portion of the project is to be assessed to benefitting properties. The feasibility report identified two separate assessments. One assessment is for properties within the MUSA boundary (potential urban lots) and the second assessment is for properties outside the MUSA. The feasibility report estimated the assessment for urban lots at $1,490 for each existing and potential lot and $5,110.00 for rural existing and potential lots. There are 5 properties within the MUSA (urban) that would have 3 assessments and 3 properties outside the MUSA (rural) that would have 2 assessments. The estimated assessments amount was based on deducting the extra pavement cost from the construction cost and assessing 25% of the remaining costs. Based on actual project costs the assessment fate is $1,120.40 for each urban lot and $3,843.48 for each rural lot based on 25% of the total project cost minus the extra pavement depth. The attached Final Assessment Worksheet identifies the final assessment rate based on 15%,20% and 25%. The City costs for each scenario are also identified on the worksheet. Interest rate will be 4.5%. Staff is requesting direction on the percentage to be assessed, the duration of the assessment (see attached table showing annual payment based on the number of years) and how to handle the potential lot assessments with assessing now or deferring them into the future. If the Council decides to defer the potential lots, the City will then carry $22,734.44 in deferred assessments. BUDGET IMPACT The reconstruction project is funded from the City's Road & Bridge Fund and 15%,20% or 25% of the total project costs will be assessed to the benefiting properties in accordance with the City's Assessment Manual Policies and Procedures Guide. Mayor and Council Members September 15, 2009 Page 2 of2 ACTION REQUIRED The City Council is requested to discuss the options for assessment and approve the resolution declaring cost and directing the preparation of the assessment roll for Project 08-37, Isih Avenue NW Reconstruction (MSAS 102). The blanks in the resolution will be filled in according to what direction is received on the assessment value. Respectfully submitted, W~(). ) David D. Berkowitz / / ~ Attachments: Resolution, Final Assessment Worksheet, Potential Assessment Amortization Tables, City Council Meeting Minutes from March, 3,"AprilI4-& April 217'2009 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLLS FOR THE IMPROVEMENT OF PROJECT NO. 08-37, 157TH AVENUE NW RECONSTRUCTION (MSAS 102) .THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the final contract cost for the improvement amounts to $ 343,002,17 , the expenses incurred or to be incurred in the making of such improvement amount to $ 89.327,89 so that the total project cost of the improvement will be $ 432,330.06 1. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: The portion of the cost of such improvement to be paid by the City is hereby declared to be $ , and the amount to be assessed against benefited property owners is declared to be $ 2, Assessments shall be payable in equal annual installments extending over a period of years. The first of the installments to be payable on or before the 1 st Monday in January 2010, and shall bear interest at the rate of 4.5 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection, 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember and adopted by the City Council at a reqular meeting this 15th day of September ,2009, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed, CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Michelle Hartner - Deputy City Clerk FINAL ANDOVER ASSESSMENT WORKSHEET Project Name: 157th Avenue Reconstruction Project No. : 08-37 Feasibility Report Date: February 3, 2009 Amount: $ 468,280.00 Contract Award Date: April 21, 2009 Amount: $ 382,500.60 Actual Construction Cost Amount: $ 343,002.17 Actual EXDenses Engineering (Includes Surveying, Inspection & Staking): $ 55,211.20 Consulting Costs $ - Aerial Mapping (1 % of street) $ 3,148.56 Drainage Plan (0.3% of streeUstorm) $ 1,029.01 Administration (3%) $ 10,290.07 Assessjng (1%) $ 3,430.02 Bonding (0.5%) $ - Recording Fees I Legal & Easement $ - Advertising $ 316.93 Permit and Review Fees $ - Street Signs (Materials and Labor) $ 2,734.47 Material Testing $ 5,953.50 Construction Interest $ 3,822.31 City Costs $ 3,391.82 Total Actual Expenses $ 89,327.89 Expenses Multiplier 26.0430% Total Actual Project Cost Amount: $ 432,330,06 Actual City Costs 85% 80% 75% Actual Construction Costs (plus extra depth bit.) $299,935.79 $285,580.33 $271,224.88 Actual Indirect Costs $78.112.28 $74.373.69 $70.635.10 Total Actual City Costs $378,048.07 $359,954.02 $341,859.98 Actual Assessable Costs 15% 20% 25% Actual Construction Costs (minus extra depth bit.) $43,066.38 $57,421.84 $71,777.30 Actual Indirect Costs $11,215.78 $14,954.37 $18,692.96 Total Actual Assessable Costs $54,282.16 $72,376,21 $90,470.26 Total Length of Roadway 5354.47 LF Length of Roadway in MUSA (Urban) 1260.LF 23.53% Length of Roadway outside MUSA (Rural) 4094.47 LF 76.47% a> c: > 0 :.+:i :.;::; C1l C1l c: N Qi'e :!:: 0 <( E e~ a> IJl Ex IJl . 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Iii Regular Andover City Council Meeting Minutes - March 3, 2009 Page 3 has done a great job in keeping them abreast of changes that are coming up. In the last three months they have had issues where they had to worry about the Governor re-alloting and losing money but they are prepared for that and they are in the middle of their process to amend their 2009 budget and staff was prepared for that. They will not see some of the difficult hits that some other cities will be facing in 2009. They have developed a reserve fund in their budget which has been helpful overall. Councilmember Knight stated in regard to the reserve funds they keep it at or below what is in the State's recommendation. Mr. Dickinson stated that was correct. Councilmember Trude wanted to send her compliments to Mr. Dickinson for watching things closely and they value all that he does to help them procure funds at very low rates. Mr. Dickinson stated this is a team approach and staff has helped out significantly to achieve the budget and the reserve balances as necessary. Motion by Jacobson, Seconded by Trude, to approve the attached resolution accepting the proposal on sale of the respective bonds based on the bid tabulation that was presented by Ehlers & Associates. Motion carried unanimously. (Resolution R015-09) HOLD PUBLIC HEARIN(jlli"'lf7~~57TH A VENUE RECONSTRUCTION (MSAS 102) The City Council is requested to hold a public hearing at 7:00 p.m. for Project 08-37, 157th Avenue Reconstruction (MSAS 102). Mr. Berkowitz reviewed the information with the Council. Councilmember Trude asked where Ham Lake was in regard to their portion of the project. Mr. Berkowitz stated Ham Lake does not assess the project. They use 100 percent of State Aid for that so they are ready to move forward and are waiting to see what Andover does in regard to this project. He stated the next step, if Council orders to move forward with the project, is to order the plans and specs, approve and then put out for advertising and bid sometime in April. Councilmember Trude thought Tulip Street was a similar road where it was a State Aid road but assessed to the neighbors. Mr. Berkowitz stated that was correct and this is consistent to what they have done in the past. Mayor Gamache asked if staff knew what type of savings they are looking for or hoping for if they bid this with Ham Lake. Mr. Berkowitz stated the construction value is in the $380,000 range, if they role this in with Ham Lake, theirs is around $600,000, so it takes it from a $380,000 project to close to a million dollar project, the economics of scale, using a project that moves from small to large they are probably close to ten percent. Councilmember Jacobson asked if this project goes forward, what will happen relative to storm water. Mr. Berkowitz explained the reason for the storm water modifications, why they need to Regular Andover City Council Meeting Minutes - March 3, 2009 Page 4 replace some of the concrete curb and gutter and the need to add storm water catch basins to collect water runoff. Motion by Knight, Seconded by Trude, to open the public hearing. Motion carried unanimously. Mr. Arnie Peterson, 331 157th Avenue NW, stated he has been a resident for thirty-one years and when this road was first put in there was no cost to them at all. He is appealing to the financial situation they are in, this adds a burden on him and his household and asked the Council to relieve them ofthe $5,000 assessment and use State funds. He stated this is a high access road and is just as well traveled as Constance Boulevard. He did not think they should pay the financial burden of the road. Mr. Wardell Moe, 375 157th Avenue NW, stated he has a degree in transportation and road management and spent thirty-five years in the transportation industry. He showed some photos of the road. He ,stated when the road was originally built they had weight restrictions on the road but it was lifted and then they started having a great deal of stress on the road. He stated this road was built for City travel, not highway traffic and yet the trucking companies use it all the time. He stated he has a problem with this because anytime they have had damage done to a road or property; it is usually the people or business that causes the damage that pays for it. He stated Ham Lake is not assessing the project but using State money to fix it and he did not know why Andover could not do this. He did not feel this was fair they should bear the burden of this upgrade when the State is putting in Ham Lake's portion of the road. He stated he did not follow the reasoning. Councilmember Jacobson stated the Braastad operation was approved by Ham Lake and not Andover but as to the financing, the total cost ofthis, City and State Aid funds are paying for three quarters of the cost so they would be assessed only for the cost of a regular City road so the extra depth and size is being paid for with other funds. Mr. Wardell agreed but did not think the road would have needed to be repaired this soon if it were not for the trucks. Ms. Pam Breyen, 275 157th Avenue NW, stated she lives on the curve and knows there are potholes and she knows the City has rules in place but this is a different economy and finances are not so good and people are not eager to pay all this money for a new road. She stated she will be paying $10,000 for the new road and this is a lot of money to come up with in this economy. She wanted to appeal to the Council to keep in mind this economic time and that it is not the same as before. She asked the Council to consider this before making a decision. Mr. Ron Sandford, 130 157th Avenue NW, stated he will be paying $10,000 in assessments for his part ofthe road. He would love to have the road repaired but he cannot afford the assessments at this time. Mr. Ken Slyzuk, 14124 Crosstown Boulevard, stated Engineering has come before him to tell him that to the blessing of the road coming through they have figured out there is an extra available lot to the west that is buildable and ifhe gets assessed for a buildable lot, does a building permit come with it. Councilmember Trude asked what property he is at because he was not on the list. Mr. Berkowitz Regular Andover City Council Meeting Minutes - March 3, 2009 Page 5 stated the reason why Mr. Slyzuk is not on the list is that his daughter is listed as owning the property solely. He explained the circumstances involved with Mr. Slyzuk's lot. Mayor Gamache asked if there is a lot of peat in the area. Mr. Slyzuk indicated the peat is shallow but he thought the comer on the western edge, which is sandy, would be buildable. He stated he is not eager to pay these types of assessments for this road. He wondered if this will be built for a nine ton road. Mr. Berkowitz stated it would. Mr. Berkowitz stated Mr. Slyzuk's property may fall under green acres and they do have a stipulation in their policy that if the property does not change, the green acres designation for a length of fifteen years, the assessment will expire at that time. He stated if this were to move forward, any owner that thinks they are under the green acre status needs to provide to staff that information and then before they approve the final assessment role, it would be identified as green acres with those stipulations of a deferred assessment. Councilmember Trude asked if the two lots were calculated at the 412 address or is there no address for this lot. Mr. Berkowitz stated it was assessed at Mr. Slyzuk's daughters' home address. The Council discussed with staff Mr. Slyzuk's property and how staff figured out there is a second lot that could be assessed. Ms. Theresa Sandford, 130 157th Avenue NW, stated her property is not much larger than the other properties but has more frontage road and has a lot of wetland there. She stated the assessment will be a hardship for them. They have deferred maintenance on their property and this needs to be deferred. She stated the hardship is the $10,200 assessment and it will not fit into their budget. Mr. Franklin Peach, 75 157th Avenue NW, stated this is a great hardship especially during this time in the economy. He stated he is the sole provider of his family and his wife homeschools and they feel they take on the burden of the cost of public schools and the only place the money would come from would be from his child's college funds. He also did not understand how Ham Lake could do this without assessing and Andover is going to assess the costs. He wondered why the people within the MUSA are going to pay less than those outside of the MUSA. Mr. Berkowitz explained to the residents and the Council the way they assess property for reconstruction based on MUSA. Mr. Peach felt this did not add value to his property because it causes more traffic to go down this road. He stated he did not want this road improved and would rather have a dirt road. Mr. Sandford stated when University A venue Extension was redone they were going to assess a thousand dollars for each 300 feet and he ended up not paying on that because part was in flood plain and the other part was flood fringe. Mr. Berkowitz reviewed with the residents what the breakdown would be for improvements to city roads. Regular Andover City Council Meeting Minutes - March 3, 2009 Page 6 Motion by Knight, Seconded by Jacobson, to close the public hearing. Motion carried unanimously. Councilmember Jacobson asked if this project did not go forward on the Andover side what would happen with the Ham Lake side. Mr. Berkowitz stated they are planning on still moving forward and it would probably cost Andover more money if they waited a year or two since the costs would go up and they would not get a break by doing the road at the same time. Councilmember Trude stated as she listened to people and their personal situations it concerns her and she has heard something she has not seen in other public hearings, this road is serving a lot like the County roads has served the community and she cannot think of a situation like this. She did not think this quite fits the mold of things she has seen with other roads and she wanted to be a little more creative in distinguishing it from other projects they will be looking at. She felt they need to look at this with a little more of a creative approach than they have a typical neighborhood. Councilmember Knight stated there are approximately thirty homes in the Nordeen's Addition which comes out and feeds the street so it is not just the residents on 1 57th A venue using it, it is two other developments and he thought this was a dilemma they need to look at. Councilmember Jacobson stated he did not hear anyone say that the road did not need repair, what he heard was the cost and the hardship it would create for the residents. He stated if they delayed the project on their side of University he wondered if it would be cheaper to do it next year or not. He figured it would not be any cheaper. He thought if they waited a year the roads could handle it but the cost would be more. He stated they have looked at lowering the interest rate and extending the amount of payment time and he did not know what else they could do. He is at the point where he is listening to the economic situation status more than he normally would on projects. He stated they have to decide if they need to look at ways to lengthen the payment period and is there something they can do or do they kill the project for a year and see if the cost comes down which probably will not happen. Mayor Gamache stated it is always difficult to do these projects and hear the hardships they can cause but they are at a unique point in time where this is probably going to be the lowest cost they will get to get the project done. Some of the issues they have is they only have twenty homes for the long length of road but they have the 4.5 percent interest rate and will probably save ten percent on the cost if they go in with Ham Lake on this. The stimulus package has been approved but the bidding times are going to be the best they have had since the money has not gotten to the cities yet and will have bids that will probably be lower and opportunities to go in with another city which will lower the costs. It is hard to look at the numbers when the assessments are high but the road does need work and that is the dilemma they have. Councilmember Trude stated the City Attorney had something they could look at. They were looking at the feeder streets coming out onto this road and the only way they can get out of town and she wondered if they could assess those neighborhoods for this road. Councilmember Jacobson thought they would get into legal issues with this. Mr. Dickinson stated the City also has the option of deferring assessments for the lots that are not split that could be split. Regular Andover City Council Meeting Minutes - March 3, 2009 Page 7 Councilmember Bukkila asked if there is a way to table it for now and come up with options for each of the homeowners. She wondered if they spread it out over ten to fifteen years to make it more workable. Mr. Dickinson stated they can provide the spreadsheet to those who want it but he did not want to go beyond fifteen years since the cost to administer those would be extremely expensive. Mr. Berkowitz reviewed the timeline for this project. Mayor Gamache stated that would give them about a month to sit down go over some options with the residents. He thought they should move forward with the bid process and at that time they would decide what to do next or if they wanted to stop the project. Councilmember Knight stated with that in mind, any deferral process they should know while they are looking at the bids. Councilmember Trude stated she is also concerned about the people who have more than one property being assessed. Mr. Dickinson stated he is willing to talk to and work with the residents to get questions answered and try to make this work. It may not change their feeling but will talk about their options about any potential problems and staff can work with different types of options that are out there and cater to particular instances out there. Councilmember Jacobson stated with the caveat they are talking about on the bid will this erase the ten percent savings they may get. Mr. Berkowitz stated he is not sure and could not guarantee it. Councilmember Trude thought they may do alternate bids so it could be the Ham Lake side, Ham Lake/Andover side. Mr. Berkowitz stated they may think there is a potential for them to pull out and they may not care either way but he is not sure and indicated they needed to make it clear in bid documents so they do not run into a legal issue when they try to pull their section out. He stated they would look at this as Ham Lake is the base bid and Andover is the alternate. Councilmember Trude stated there are several people listed as potentially $10,000 assessments and no one spoke from the property at 524. An audience member was present to represent that property and indicated he had the same feeling as the others and the point of if they can develop or not is hard to say. The other concern she had is she did not think they have talked about a situation where they have had twenty-five percent of the people come up to the podium and say they have lost a job, underemployed or cannot retire. In her opinion a road can wait a year or two if that is the way the neighborhood feels. She stated she has not heard anyone in the neighborhood say they wanted the road done. She thought this road was unique and a major connector route and she thought they could consider a twenty-five percent buy down of the assessed portion since it is a unique road. She wondered if the other Councilmembers would consider having staff look at this since their policy does allow the Council to listen to people and have some subjective approach to this given the uniqueness. She thought the uniqueness of this project which will not be seen on other projects is 157th serves like the County roads and she thought the City should put a little more into it. Councilmember Knight stated one of their functions as a City Government is to try to find ways to make things work rather than dictate and he thought that is what they are doing. Regular Andover City Council Meeting Minutes - March 3, 2009 Page 8 Motion by Jacobson, Seconded by Knight, to approve the resolution ordering the improvement of Project 08-37, 157th A venue Reconstruction (MSAS 102) and to order preparation offinal plans and specifications with the following criteria: 1. Have stafflook at extending the assessment period and give them numbers for ten to twelve years instead of eight. 2. Have stafflook at deferments and the effect that will have. 3. Institute the lowest interest rate they can get. . 4. Have staff reevaluate the potential for extra lots that they have identified in the plan to see if they are buildable or not. 5. Have staff search for additional financing alternatives to see if there is something else they could do. Councilmember Jacobson stated the reason he is moving this is because his fear is if they do not go ahead with it in conjunction with Ham Lake and prices continue to go up, this may be the lowest cost option they may have with options to try to keep their yearly costs as low as possible. The only caveat is that when the bids come in they look at them and they have the ability to stop the project at that time. Councilmember Trude wondered in criteria number 5 if Councilmember Jacobson is also looking at the City paying a little bit higher portion than their normal assessment to keep the project alive. Councilmember Jacobson stated he is open to looking at anything that staff could do that is reasonable and legal. Mr. Dickinson stated their current policy would say twenty-five percent so to defer from policy is truly a Council decision. Councilmemher Jacobson stated they needed to be careful on this because any project coming in the future will be looking at this project and ask for the same thing. Councilmember Trude thought this project can be distinguished from other projects they have done in the City. City Attorney Baumgartner stated the discretion is up to the Council but whatever is done here will be looked at in the future by other proj ects. With what has been said he thought there is some distinguishing characteristics of this roadway compared to other roads. If the Council decides to go down the avenue suggesting this is distinguishable enough so that it would separate itself from the typical twenty-five percent, he suggested they find some sound findings to support that decision. Councilmember Trude thought one could be the connection of State Aid Highways along with two complete developments feeding out onto this roadway as well. Motion carried unanimously. (Resolution RO 16-09) CONSIDER CONDITIONAL USE PERMIT/A UTOMOBILE SERVICE STATION/13533 JAY STREET NW The applicant is seeking to use the existing building on the site for repair and service of vehicles. City Code 12-12 requires a conditional use permit for this use and City Code 12-8-7 provides ANDOVER CITY COUNCIL WORKSHOP - APRIL 14, 2009 MINUTES The.4;\ridov:er&::tty Gouncil Workshop was called to order by Mayor Mike Gamache, April 14, 2009; 7:00,p;tn,;, ,c:j.Hh~Ap.doyer City Hall,J685 Crosstown Boulevard NW, Andover, Minnesota. Q}i,ll,t~Hm~mQ~t~ me~~p,t: " Sheri:sukkila, Don Jacobson, Mike Knight, Julie Trude CouncilmembePiabsent: " None ''':'''''''~K\:'-{','".':'''c';'''''i... '.:_\,'~r"._>'''~~_;',.',,-: "'O;:~ _':' -"J, AlsQ,jPl~gel1ti" , Direc~9rofPublic Works/City Engineer, Dave Berkowitz , . " ' City Administrator, Jim Dickinson Others DISCUSS 157TH A VENUE RECONSTRUCTION (MSAS The City Council requested that the proposed assessment for the 157th Avenue project be discussed prior to the consideration to award the bid scheduled for the April 21, 2009 regular scheduled City Council meeting. Mr. Berkowitz reviewed the information with the Council. Councilmember Trude asked what concrete adds to a rural area. Mr. Berkowitz stated it would be around $1,000 to $1,200. On the 157th Avenue project some concrete curb will be replaced and does factor into the costs. He stated there is some deterioration and those areas will be replaced. Councilmember Jacobson thought that was covered under the cities portion of costs for curb replac~ment, he thought this was a maintenance issue. Mr. Berkowitz stated typically there is a ten percent concrete curb replacement with street reconstructs and that related cost is assessed. ' Mr. Berkowitz stated when they go into a neighborhood it is usually replacing a larger, more linear feet, of concrete that is replaced compared to going around the city and replacing curb where needed. He stated the way the policy is written, twenty-five percent of construction costs is assessed back to the residents. Construction cost does include the concrete curb replacement. Coup,cilmember Trude stated when she drove around the neighborhood she thought there was a couple of unusual things since some of the lots are large and on corners. The homeowners on those properties will not be paying for the reconstruct since their driveway is not on the road. Councilmember Jacobson stated that is typical throughout the City, the resident only pays for the frontage they face. Councilmember Knight thought the reason this neighborhood was atypical was because of the Andover City Council Workshop Meeting Minutes - April 14, 2009 Page 2 two other neighborhoods coming onto 157th and can only use that road for access to and from their homes. These are landlocked homes and can only use 157th to get out of their neighborhood. Councilmember Bukkila asked why this is not a County road. Mr. Berkowitz stated the County wants higher volume roads and are trying to turn back more roads to cities so they have less to deal with. Councilmember Jacobson asked what the 8, 10 and 12 year pay would be if they went to the twenty percent. Mr. Berkowitz handed out a sheet listing the assessment costs. Mr. Berkowitz reviewed the alternative assessment amounts with the Council. Councilmember Jacobson asked if a traffic count was done on this street. Mr. Berkowitz stated they would consider this road a major collector street but did not have the counts offhand. Councilmember Knight asked if there would be more truck traffic on this road than other roads. Mr. Berkowitz stated it would but truck traffic could go anywhere in the City. Mr. Dickinson stated it depends on where the job is for the trucks, which can move at any time. Couricilmember Bukkila asked what the difference was with the different classification of streets. Mr. Berkowitz reviewed the different streets with the Council along with standard traffic counts on the different streets. He stated collector roads typically connect two or more roads. Mayor Gamache asked if at the next meeting staff could list the total assessment at 20% and 15% assessed with an interest rate of 4.5% for the listed number of years. Councilmember Knight asked if Ham Lake specs will be different than Andover's specs. Mr. Berkowitz stated they submitted their own specs but it will be under one project. Councilmember Jacobson asked some of the residents how they felt about the new numbers. The residents indicated the numbers were looking better and heading in the right direction. Mayor Gamache asked if with the assessment could the residents pick how many years they want to pay the assessment. Mr. Dickinson stated his preference would be to have them all on the same number of years but that would be up to the Council. Mr. Dickinson reviewed the deferred assessment options with the Council. Mayor Gamache thought the residents should be sent a letter notifying them of the potential approval at the next Council meeting along with the. new assessment information. Diane Scholzen asked if 157th was a State Aid Road. It was indicated it was. Ms. Scholzen asked if the twenty-five percent in a written policy. Mr. Berkowitz showed her where in the Andover City Council Workshop Meeting Minutes - April 14, 2009 Page 3 policy it was shown. Ms. Scholzen asked if they are looking at more assessments down the road for a future bike path. Mr. Berkowitz stated at this point they do not have a path that would connect at this time and when they do build a trail there it will not be assessed since the City will pick up the costs for this. Brian Sandberg was at the meeting. Mr. Franklin Peach stated he spent a lot oftime speaking with most of the neighbors and what he has experienced is resentment and anger towards this. He proposed twelve percent to the neighborhood and most would not agree and wanted the City to pay for all of this. He thought it should be reduced from twenty-five percent because this is an MSA road and he did not think it was fair that the City would receive funds for the road and then treat it as a road that does not receive those funds. He stated those who live on this road do not receive the same benefit and feels it is not fair they be assessed at the same rate as others in the City. Last meeting there was a lot of talk about Tulip Street and Tulip Street has a third ofthe traffic 157th has on a daily basis and it is also 15 mph lower speed limit. If they want to continue to assess these roads the same as a local road, the speed limit needs to be lowered and stop signs need to be installed and they need to have the same benefits as other roads in the City. Mr. Ralph Olaf asked what Ham Lake residents have to pay to have the road reconstructed. Mayor Gamache stated they do not pay any assessments and have a different policy than Andover has. Councilmember Knight stated most of the cities combine local assessments with State Aid. Mr. Dickinson explained the reason for this. Another resident asked if the other two neighborhoods in the area were not being discussed for assessment at this time. Mayor Gamache stated they were not being discussed because it is not part of their general policy regarding this. Mr. Berkowitz explained that properties are assessed based on what road they are addressed on. Mr. Sandberg asked if there are going to be road restrictions on the road with the new road. Mayor Gamache stated they do put up road restriction signs up every winter. REVIEW & DISCUSS MUNICIPAL WATER SYSTEM A 2009 goal for the City Council is to review the Andover Municipal Water System in detail to get a better understanding of the system and the need for system improvements. Mr. Brian Kraabel, Public Works Utility Manager; Scott Protivinsky, Utilities Lead Man; and Jim Smith are at the meeting to discuss the Municipal Water System and storm water proj ects they have done with the Council. Regular Andover City Council Meeting Minutes - April 21, 2009 Page 2 unanimously. April 14, 2009, Workshop Meeting: Correct as written. Motion by Jacobson, Seconded by Bukkila, approval of Minutes as indicated above. Motion carried unanimously. CONSENT ITEMS Item 2 Approval of Claims Item 3 Award Bid/09-11/W ater Treatment Plant Expansion Phase One (Procurement of Plate Settler Equipment) (See Resolution R032-09) Item 4 Declare Cost/Order Assessment Rol1/05-43/Hanson Boulevard NW Frontage Road (See Resolution R033-09) Item 5 Approve Therapeutic Massage Therapist License Item 6 Accept Petition/Order Feasibility Report/09-22/Bunker Lake Blvd NW Frontage Road/Jay Street Realignment (See Resolution R034-09) Motion by Knight, Seconded by Jacobson, approval of the Consent Agenda as read. Motion carried unanimously. ANOKA COUNTY SHERIFF'S DEPARTMENT MONTHLY REPORT Captain Tom Wells, Anoka County Sheriff's Department, provided an update on law enforcement activities occurring within Andover. CONSIDER A WARDING BLl!.~~.15]TH A VENUE NW RECONTRUCTION (MSAS 102) Mr. Berkowitz stated the City Council is requested to receive bids and award the contract for Project 08-37, 157th Avenue NW reconstruction (MSAS 102). Mr. Berkowitz reviewed the bid information with the Council. Mr. Mark Lipski, 629 157th A venue, stated he has not been able to make it to any of the meetings previously because of his job and the only reason he is able to attend the meeting tonight is because he was just laid off. He appreciated the Council allowing him to speak at the meeting. He explained he has lived in Andover for many years and when he first moved in the road was a dirt road and Ham Lake was sand and gravel. He reviewed the history of the road with the Council. He stated they have had problems getting in and out of their driveway with the speeders. Mr. Lipski wondered why the County is routing truck traffic down their road and not down County Regular Andover City Council Meeting Minutes - April 21, 2009 Page 3 roads. He indicated this was the reason why the road is in such poor condition. He asked the City if there is something that could be done to make the truck traffic use the County roads instead of their road to go between the cities. He stated the road being fixed is not going to be a benefit to the. residents on the road since it will deteriorate quickly with the truck traffic using it. He stated he would rather see the road go back to gravel so the trucks do not use it. He explained he will have to pay assessments for three properties and did not know how two more houses could be put on the property that the City says can create two additional lots. He noted there are not City water and sewer connections to the additional two lots. He wondered how this will benefit them. He also thought the County should shut down the access from Highway 65 to create less traffic on the road. Mr. Corell Mall, 375 157th Avenue NW, stated he was at the last meeting and was quite distressed over this entire thing. He stated the street is dangerous with the high speed and traffic. He stated he was surprised this road was a nine ton road and is being used as a shortcut to Highway 65. He thought the County destroyed this road with their heavy trucks. He wondered if the City realized how unfair they were being to the twenty-five residents. If they are going to be fair they should spread the cost over the entire County. Mayor Gamache stated one of the discussions they have had was looking at the current individual lots and not the possible lot splits. The thought process they are using is that the lot splits would be deferred for a period of time which would be determined by the Council. He stated another option is to reduce the assessment amount from the twenty-five percent, which is their policy, to something less than that. Councilmember Jacobson stated on a legal basis this is not an assessment hearing, this is considering awarding the bid and the assessment hearing will come in the fall when the project is done but he stated if the bid is accepted, the proj ect will be done and when the assessment hearing is done in the fall he would be in favor of extending the assessment term from the current policy of eight years and extending it out to ten or twelve years. Also on the question of the other parcels that could be split he would be in favor of an expiration oftwenty-five years ifthey are not developed and the decrease in valuy often percent each year after fifteen years. He is also thinking about reducing to a twenty percent assessment which would lessen the amount. He would consider this because of the traffic on the road and the things the residents have had to deal with. He stated this would be a major departure from their policy to lower their costs and to look at the bids at eighteen percent less than they thought and the interest rate at what it is' he would be looking all at that in the fall for that assessment hearing. Councilmember Bukkila asked what is the minimum percentage they need to assess so the City can bond for street projects and what would happen if they did less than the minimum. Mr. Dickinson indicated the minimum was twenty percent and if they did less than that they would have to either consolidate other projects into it that would bring them over the twenty percent barrier otherwise they would limit themselves into only being able to do their projects with cash flow the City has. Councilmember Bukkila agreed with Councilmember Jacobson and felt the road was definitely in need of repair. She would also recommend the twelve year assessment payoff. Regular Andover City Council Meeting Minutes - April 21, 2009 Page 4 Councilmember Knight agreed and would be more in' favor of fifteen to twenty percent because of the type of road this is and the surrounding developments that use it. He would be in favor of deferring the future lot split lots also. Mr. Lipski asked if it is possible to install a sign on the road indicating "no truck traffic, except local deliveries". He asked if there is a way to have the City look into this to see ifit is possible so their road does not need improvements all the time. Mayor Gamache stated they can have stafflook into this since he has seen this elsewhere. Motion by Jacobson, Seconded by Bukkila, to approve the resolution accepting bids and awarding the contract to Rum River Contracting, Inc. in the amount of $382,500.50 for Project 08-37, 157th Avenue NW Reconstruction (MSAS 102). Motion carried unanimously. (Resolution R035-09) Mr. Dickinson indicated to the Council that staff would be bringing the assessment policy to a future workshop for review and modification based on this evenings discussion. DISCUSS HA WKRIDGE PARK IMPROVEMENTS/09-18 Mr. Berkowitz stated the City Council is requested to discuss if the hockey rink/free skating is to remain at Hawkridge Park and discuss possible future improvements for the park. Mr. Berkowitz reviewed the project and costs with the Council. Councilmember Knight stated he would like to see the rink stay at the park and suggested they install a well in the park in order to flood the hockey rink. He thought it could be done if they think creatively. Councilmember Jacobson thought if they took away the warming house and attendant, saved some costs and kept the existing rink for one more year, he thought they could reduce their costs by doing that. He suggested carrying this over one more year to explore options to bring the costs down. He also suggested that the City look at the rinks at Crooked Lake Elementary, make an offer to the school they cannot refuse and have the school flood the rink. In the one year they are looking at extending at Hawkridge, in that time they could look at a possible new layout of the park and meet with the different Associations and residents to see how it could be reconstructed to the best possible use. Councilmember Bukkila agreed with keeping the Hawkridge ice rink open and was hesitant to take away anything that has been there a long time. She thought meeting with some of the organizations and figuring out how to make it work is a good idea. Councilmember Knight asked if they would need an eight inch well. Mr. Berkowitz stated it would probably need to be a large well. He stated North Metro Soccer Association has stepped up indicating they are willing to work with the City on reconstruction of the park to include more @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and City Council CC: Jim Dickinson, City Administrator FROM: Michelle Hartner, Deputy City Clerk SUBJECT: Reschedule November 3,2009 Council Meeting DATE: September 15,2009 INTRODUCTION The first Council meeting in November falls on Election Day. DISCUSSION State Law prohibits Council meetings from 6:00-8:00 pm on Election Days. Therefore, Council needs to reschedule the meeting to one of the following: Monday, November 2nd, 2009 Tuesday, November 3rd, 2009 (The meeting would need to start at 8:01 pm) Wednesday, November 4th, 2009 ACTION REQUESTED The City Council is requested to reschedule the first Council meeting of November. Respectfully submitted, ..... ~~~ Michelle Hartner Deputy City Clerk @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Schedule October EDA meeting DATE: September 15,2009 INTRODUCTION The Council is requested to schedule an Economic Development Authority (EDA) meeting at 6:00 pm before the October 6, 2009 City Council meeting. DISCUSSION Tentative agenda items for an October EDA meeting have been identified as follows: 1. Progress Report - Bunker Lake Blvd Frontage Road Realignment 2. Andover Station North Monument Signs 3. Purchase Agreement/Letter of Intent/Progress Review 4. Parkside at Andover Station Update 5. 2010 EDA Budget Review 6. Other Business Other items may be added upon request, or the meeting will be cancelled if no new information comes forward on the identified agenda items. ACTION REQUIRED Schedule an EDA meeting at 6:00 pm before the October 6, 2009 City Council meeting. - @ 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: Schedule October Council Workshop DATE: September 15,2009 INTRODUCTION The Council is requested to schedule a Council Workshop for the month of October for a number of miscellaneous business items. DISCUSSION Potential agenda items for a general October workshop have been identified as follows: 1. Council Goal Discussion - (Continued) 2. 2010 General Fund Budget Development Progress Report 3. 2010 Tax Levy Discussion (Continued) 4. 2011-2015 Capital Improvement Plan Development Progress Report 5. Special Revenue Funds - 2010 Proposed Budget Presentation 6. Capital Projects Funds - 2010 Proposed Budget Presentation 7. Debt Service Funds - 2010 Proposed Budget Presentation 8. Internal Service Funds - 2010 Proposed Budget Presentation 9. Enterprise Funds - 2010 Proposed Budget Presentation 10. Continued Discussion on Alternative Energy Options 11. Single Family Residential Market Value Preservation Program Progress Report Other items may be added upon Council request. ACTION REQUIRED Schedule an October Council workshop, a suggested date is October 27th at 6:00 pm or another date and time acceptable to the Council. --. 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: Administrator's Report DATE: September 15,2009 The City Administrator will give a brief verbal update on various items of interest to the City Council and to the residents at the meeting. Listed below are a few areas of interest: 1. Administration & City Department Activities 2. Update on Development Activity 3. Update on CIP Projects 4. Meeting reminders Upon receipt of the meeting packet, if a member of the Council would like an update on a particular item, please notify me so an adequate update can be made. ~submitted, '- CSrl' tn~ DATE September 15. 2009 ITEMS GIVEN TO THE CITY COUNCIL ~ August Building Report PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA. THANK YOU. G:\STAFF\RHONDAA\AGENDA\CC L1ST.doc ~ O~iJ q1rV~ 1 ~ CITY OF ANDOVER ---- 2009 Monthl BuUdinl!: ReDort TO: Mayor and City Council FROM: Don Olson AUGUST BUILDING PERMITS PermitIPlan Tax Total Valuation , ' 7 Residential $ 18,306.29 $ 745.17 $ 19,051.46 $ 1,490,347.00 Single Family 6 14,144.08 558.67 14,702.75 1,117,347.00 Septic 1 4,162.21 186.50 4,348.71 373,000.00 Townhome - - - - 2 .' Additions 2,052.60 47.25 2,099.85 94,500.00 2 Garages 1,185.03 23.10 1,208.13 46,200.00 2 Basement Finishes 200.00 1.00 201.00 - - Commercial Building - - - - - Pole Bldgs/Bams - - - - 4 Sheds 421.63 4.50 426.13 8,780.00 - Swimming Pools - - - - 1 Chimney/Stove/Fireplace 50.00 0.50 50.50 - 3 Structural Changes 79.65 1.50 81.15 1,800.00 1 Porches 239.00 3.70 242.70 7,400.00 3 Decks 319.55 4.85 324.40 9,700.00 1 Gazebos 118.88 1.10 119.98 2,200.00 - Repair Fire Damage - - - - 26 Re-Roof 1,950.00 13.00 1,963.00 - 13 Siding 975.00 6.50 981.50 - - Other - - - - 1 Commercial Plumbing 289.82 4.80 294.62 9,600.00 - Commercial Heating - - - - I Commercial Fire Sprinkler 25.00 0.50 25.50 350.00 - Commercial Utilities - - - - - Commercial Grading - - - - 67 Total Building Penn its $ 26,212.45 $ 857.47 $ 27,069.92 $ 1,670,877.00 !'ERMITS Permit/Plan Tax Total Fees Collected 67 Building Pennits $ 26,212.45 $ 857.47 $ 27,069.92 - Ag Building . - - - - Curb Cut - - - - Demolition - - - - Fire Penn its - - - 2 Footing 30.00 1.00 31.00 - Renewal - - - - Moving - - - 35 Heating 2,820.00 17.50 2,837.50 4 gas Fireplaces 300.00 2.00 302.00 26 Plumbing 2,100.00 13.00 2,113.00 19 Pumping 285.00 - 285.00 2 Septic New 150.00 1.00 151.00 - 3 Septic Repair 250.00 1.50 251.50 6 Sewer Hook-Up 150.00 - 150.00 ,6 Water Meter 300.00 - 300.00 2 ~_ewer Change Over/Repair 65.00 1.00 66.00 ----- - 2 Water Change Over 100.00 1.00 101.00 -- 7 Sac Retainage Fee 140.00 - 140.00 - 7 Sewer Admin. Fee 105.00 - 105.00 7 Certificate of Occupancy 70.00 - 70.00 7 License Verification Fee 35.00 - 35.00 - B-einspection Fee - - - - 7 Contractor License 350.00 - 350;00 59 Rental License - Single 2,950.00 - 2,950.00 - Rental License - Multi - - - - Health Authority - - - - 268 TOTALS $ 36,412.45 $ 895.47 $ 37,307.92 $ 1,670,877.00 Total Number of Homes YTD 2009 29 Total Number of Homes YTD 2008 32 Total Valuation YTD 2009 $ 7,996,809.00 Total Valuation YTD 2008 $ 32,425,750.59 Total Building Department Revenue YTD 2009 $ 198,531.80 Total Building Department Revenue YTD 2008 $ 462,066.56 Orig i Mj ANDOVER VOLUNTEER FIRE DEPARTMENT TOTAL CAu.5 FOR THE MONTH OF AUGUST200! MTH YTD COUNTY CALL RESP SCENE FIREI # PRIMARY All. # # INC.# OAY TIME TIME TIME EMS SHIFT REASON RESP STATION CAU..S 1 599 09014524 1 10:13 CANC CANC EMS WD 47 YOM/CHEST PAIN/CANCELLED 2 3 2 600 09014525 1 10:20 10:24 10:27 EMS WD PG FEMALElBLEEDING AND CRAMPING 10 1 3 601 09014539 1 13:35 13:38 13:44 EMS WD 48 YOF CHEST PAINS 6 1 4 602 09014546 1 17:09 17:13 17:16 EMS WN HEART A TT ACKlSEIZURE 6 1 5 603 09014562 1 21:29 21:31 21:33 FIRE! WN FIRE AlARM 6 1 6 604 09014566 1 23:07 23:10 23:15 FIRE! WN TRANSFORMER ON POWER POLE BLEW 7 1 7 605 09014572 2 0:40 0:44 00:50 EMS WN UNKNOWN MEDICAL 7 31 6 606 09014579 2 4:22 CANC CANC FIREI WN FIRE ALARM/CANCELLED 1 3 DO 9 607 09014619 2 21:40 21:43 21:53 FIRE! WN SMELL OF SMOKE 1 3 DO 10 606 09014620 2 22:04 22:08 22:11 EMS WN 83 YOF W/Cl-IEST PAINS 9 1 11 609 09014623 2 23:50 23:57 00:01 EMS WN 79 YOF UNABLE TO WAAE UP 4 1 12 610 09014642 3 11:13 11:15 11:18 FIRE! D APARTMENT FIRE/MUTUAL AID ANOKA 9 1 X 13 611 09014648 3 13:58 14:03 14:09 FIREI D FIRE ALARM 11 2 X 14 612 09014663 3 17:16 17:19 17:22. FIREI WN SMOKE INSIDE HOUSE 16 3 X 15 613 09014699 4 01:26 01:35 CANC EMS N MALE CUT HIMS8.F/CANC8.LED 5 1 16 614 09014716 4 12:45 12:48 12:58 EMS D 73 YOF FaL IN GARDEN/POSS BROKEN ARM 9 2 X 17 615 09014718 4 13:14 13:15 CANC EMS D 81 YOM FELL IN PARKING LOT 13 1 X 18 616 09014754 4 21:13 20:14 20:18 EMS N 16 YOF HIT BY BALL IN THE JAW 8 3 19 617 09014764 4 21:44 21:46 21:52 FIREI N POSSIBLE ILLEGAL BURN 2 3 DO 20 618 09014863 6 15:24 15:25 15:26 FIRE! D SMALL FIRE IN WOODS NEAR TRACK 21 3 X 21 619 09014906 7 9:05 09:08 09:10 FIRE! D STRONG ODOR OF GAS IN QUIZNOSIGREA T CLIPS 14 1 X 22 620 09014907 7 9:24 09:27 09:32 EMS D UNKNOWN MEDICAL 14 3 X 23 621 09014912 7 10:48 10:49 10:53 EMS D 40 YOF DIFFICULTY BREATHING 8 3 X 24 622 09014937 7 18:28 18:32 18:39 FIRE! WN SWEATER ON FIRE IN FRONT OF HOUSE 9 1 25 623 09014965 8 8:34 06:35 08:54 FIRE! WD 83 YOF REO ASSIST CHANGING BATTERIES 1 1 26 624 09014999 8 18:47 18:50 18:56 FIRE! WN FIRE ALARM/CANCELLED 5 3 27 625 09015020 8 23:09 23:12 23:13 FIRE! WN SMOKE UPSTAIRS 14 1 X 28 626 09015043 9 10:44 10:47 10:50 EMS WD ELDERLY FEMALE SLUMPED OVERJUNRESPONSIVl 7 1 29 627 09015093 10 2:08 02:13 02:16 EMS WN 45 YOM WITH DIFFICUL TV BREATHING 8 3 30 628 09015095 10 03:00 03:06 03:18 EMS WN 75 YOM CLOGGED CA THETER!PAIN 4 1 31 629 09015113 10 11:36 11:39 11:52 FIRE! D LINE CREW CUT GAS LINE 8 2 X 32 630 09015125 10 14:29 14:37 14:42 FIRE! D CO ALARM 11 1 X 33 631 09015143 10 18:53 18:56 19:02 EMS N PEDESTRIAN PI 6 3 34 632 09015150 10 20:41 20:44 20:45 EMS N 90'S VOF NOT MOVING/SliGHTLY BREATHING 14 1 35 633 09015162 10 22:54 22:56 23:04 FIRE! N POSSIBLE ILLEGAL BURN 1 1 DO 36 634 09015182 11 09:05 09:07 09:11 EMS D 10 YOM BlEEDING 9 3 X 37 635 09015202 11 14:40 14:42 14:48 EMS D 79 YOF CHEST PAINS 12 1 X 38 636 09015234 11 21:15 21:19 21:24 EMS N 35 YOM DIABETIC IN CONVULSIONS 10 1 39 637 09015236 11 21:42 21:45 21:52 EMS N 62 YOF IN PAIN FROM FALL 10 1 40 638 09015261 12 11:06 11:07 11:11 EMS D 14 YOF TROUBlE BREATHING 16 3 X 41 639 09015272 12 13:09 13:11 13:13 EMS D PI ACCIDENT 18 3 X 42 640 09015281 12 15:59 16:03 16:07 FIRE/ D SMELL OF GAS 14 3 X 43 641 09015294 12 19:14 19:15 19:17 EMS N POSSIBLE BROKEN LEG 13 1 44 642 09015296 12 19:47 19:48 19:56 EMS N DK MALE IN.AJRED FROM A FALL 13 1 45 643 09015333 13 10:47 10:49 10:52 EMS D 98 YOF POSSIBLE STROKE 11 1 X 46 644 09015367 13 17:15 17:17 17:19 EMS N ELDERLY MALE COLLAPSED 7 1 47 645 09015374 13 19:07 19:18 19:22 FIRE! N CONSTRUCTION CO HIT SERVICE GASLlNE 4 2 48 646 09015389 14 02:23 02:26 CANC EMS N POSSIBLE ALCOHOL 00 5 1 49 647 09015400 14 09:37 09:37 09:42 FIRE! D HOUSE FIRElMUTUALAID RAMSEY 10 2 X 50 648 09015501 15 19:36 19:39 19:45 EMS WN UNKNOWN MEDICAL 7 1 51 649 09015509 15 21:47 21:48 22:06 FIRE! WN CO DETECTOR 3 1 DO 52 650 09015511 15 23:32 23:39 23:42 EMS WN 11 YOM BITTEN BY A DOG 5 1 53 651 06015516 16 3:03 3:07 3:14 EMS WN 33 YOM POSSIBlE ALCOHOL POISONING 6 3 54 652 09015516 16 03:33 03:37 03:42 EMS WN 76 YOF DISORIENTED AND FELL DOWN STAIRS 5 3 55 653 09015565 16 22:43 22:46 22:50 EMS WN 49 YOM UNKNOWN MEDICAl 7 1 56 654 09015568 17 01:02 01:07 03:10 EMS WN UNKNOWN MEDICAL 6 3 57 655 09015585 17 6:15 8:18 8:25 EMS D 48 YOM DIABETIC 6 3 X 58 656 09015593 17 10:29 10:33 10:35 EMS D DIABETIC PREGNANT FEMALE INSULIN REACTION 11 1 X 59 657 09015601 17 11:40 11:43 11:45 EMS D HIP INJURY 10 1 X 60 658 09015604 17 12:59 13:01 13:07 EMS D 50 YOF PASSED OUTISEVERE HEADACHE 10 1 X 61 659 09015678 18 11:26 11:29 11:35 FIRE! D PROPANE TANKlMETER lEAKING 1 2 DO 62 660 09015695 16 16:07 16:13 16:20 FIRE! D FIRE ALARM 1 2 DO 63 661 09015716 18 20:54 20:56 21:00 EMS N MOTORCYCLE PI 16 1 64 662 09015719 18 21:01 21:04 21:04 EMS N 3 MO HEARD POP IN HER WRIST 16 1 65 663 09015731 19 02:02 02:10 02:13 EMS N 80 YOM RECTAL BLEEDING 2 1 66 664 09015795 19 20:16 20:17 20:20 EMS N 41 YOM ARM & LEG TINGLING!NUMBNESS 13 1 67 665 09015799 19 22:39 22:41 22:47 FIREI N HEARD A LOUD EXPLOSION 10 1 58 666 09015835 20 13:29 13:36 13:39 EMS D 53 YOM VERY WEAK/ILL FOR TWO WEEKS 7 1 X 69 667 09015869 20 22:39 22:43 CANC EMS N 24 YOF SEIZING 9 3 70 668 09015929 22 10:08 10:11 10:13 EMS WD DIABETIC REACTION 6 1 71 669 09015936 22 11:31 11:34 11:38 EMS WD ELDERLY FEMALE F8.LlHIP & LEG PAIN 11 1 72 670 09015963 22 18:57 18:59 19:03 FIRE! WN ILLEGAL BURN 1 1 DO 73 571 09015971 22 20:54 20:55 20:59 EMS WN 36 YCF POSSIBLE HEART OR ANXIETY ATTACK 17 1 74 672 09015976 22 21:33 21:40 21:45 FIREI WN STRONG ODOR OF GAS IN HOUSE 18 1 75 673 09015989 23 2:48 2:50 2:56 EMS WN 95 YOM RESIDENT IN SEVERE PAIN IN UPPER BAC~ 2 1 76 674 09016002 23 11:41 11;43 CANC EMS WD LOW BLOOD SUGAR 7 3 77 675 09016003 23 11:45 11;46 11:48 EMS WD LOW BLOOD SUGAR 7 3 78 676 09016Q12 23 14:16 14:19 14:22 FIRE! WD STRUC'lURE FIRE 35 3 X 79 677 09016020 23 16:16 16:17 16:20 EMS WN POSSIBLE STROKE 12 3 60 678 09016026 23 18:32 18:33 18:40 EMS WN OVERDOSE 7 2 81 679 09016055 24 5:50 5:55 CANC EMS D 63 YO CANCER PT SPITTING UP BLOOD 2 3 DO 82 680 09016063 24 09:20 09:23 09:25 FIRE! D STRUCTURE FIRE!MUTUAL AID ANOKA-CHAMPUN 14 1 X 63 681 09Q16115 24 18:58 18:59 19:02 EMS N PI WITH INAlRIES 7 3 64 682 09016116 24 19:05 19:07 19:14 FIRE! N POSSIBLE IllEGAL BURN 2 1 DO 65 683 09016126 24 21:02 21:04 21:08 EMS N 5 YOM FELL VOMITING SlEEPY CONFUSED 9 1 86 664 09016143 25 07:13 07:22 07:25 EMS D 92 YOF FALLEN/SHOULDER PAIN 5 1 X 87 685 09016178 25 12:16 12:20 CANC EMS D ELDERLY FEMALE WITH CHEST PAIN 6 3 X 66 686 09016182 25 13:18 13:24 13:26 FIRE! 0 STRUClURE FIRE/MUTUAL AID ANOKA. CHAMPUN ,. 1 l< 69 687 09016215 26 07:55 08:00 08:04 EMS D 26 YOM UNRESPONSIVE/BARELY BREATHING 13 1 X 90 688 09016227 26 10:29 10:33 10:42 EMS D 76 YOF WEEKJNEEDS DIALYSIS 15 2 X 91 689 09016231 26 11:20 11:24 11:33 FIRE! D STRUCTURE FIRE!MUTUAL AID HAM LAKE ,. 3 X 92 690 09016262 27 03:15 03:24 03:25 EMS N 39 YOF UNABLE TO SWALlOW 4 1 93 691 09016411 U 21:02 21:08 21:" EMS N 24 YOM AS1HMA ATTAO< 5 2 94 692 09016423 29 00:48 00:50 00:54 EMS WN 53 YOF POSSIBLE OVERDOSE 7 1 95 693 09016432 29 08:02 08:03 08:13 EMS WD 39 YOF CLIENT ACTING CONFUSED 6 3 96 694 09016469 30 07:30 07:35 07:37 EMS WD 71 YOF WEAK/ UNABLE TO MOVE 7 1 97 695 09016545 31 02:31 02:37 02:41 EMS WN 56 YOF DIFFICULTY BREATHING 6 2 98 696 09016559 31 09:21 CANC CANC FIRE! D FIRE ALARMIS1B'M FROM SHOWEPJCANC8.LED 5 3 X 99 697 09016566 31 10:12 10:15 10:18 EMS D 70 YOF W/DEMENTIAlUNKNOWN PROBLEM 10 1 X 100 698 09016588 31 19:43 19:45 19:49 EMS N ASSAULT 11 3 101 699 09016608 31 23:15 23:18 23:25 EMS N 18 YOM CHEST PAIN 7 3 102 700 09016610 31 23:43 23:44 23:52 FIRE! N GARBAGE CAN FIRE!FIRE OUT 7 3 103 701 09016611 31 23:54 23:57 00:04 EMS N 82 YOM OIFf'ICUL TV BREATHING 4 1 104 702 09014736 4 16:00 16:03 16:06 EMS D POSSIBLE SUICIDE ATTEMPT 16 2 X 105 703 09015060 9 15:14 15:19 15:36 EMS WD PASSING OUT 8 2 921 9/11/2:)09 -- - --- - ------- ----- --- --- 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 September 15,2009 City Council Meeting DATE: September 15,2009 The City Council is requested to receive the following supplemental information. Discussion Items Item #5. Anoka County Sheriffs Department Monthly Report (Supplemental) - Sheriff '- SEP. 14.2009 12:42PM PATROL NO. 8655 P. 2 CITY OF ANDOVER - AUGUST 2009 I .. - ; -,.~ I AUGUST I JULY I I AUGUST I YTD 2009 ITEM YTD 2008 -- - Radio Calls 1,031 878 6,526 r 6,716 Incident Reports 1,068 984 7,334 6,647 Burglaries 13 7 72 73 Thefts 59 S6 373 349 Crim.Sex Condo 1 6 20 11 Assault 7 8 52 28 Dam to Prop. 22 40 175 238 Harr. Comm. 14 13 91 91 Felony Arrests 4 4 37 94 Gross Mis. 1 3 12 49 Misd. Arrests 39 58 323 636 DUI Arrests 7 16 96 85 Domestic Arr. 4 8 40 41 Warrant Arr. 10 10 82 116 Traffic Arr. 220 200 1,829 1,540 DUI OFFENSES: DAY OF Sunday Monday Tuesday Wednesday Thursday Friday Saturday WEEK: TIME: 01:50 01 :01 02:01 01:32 18:22 19:41 01:33 SEP. 14.2009 12:42PM PATROL NO. 8655 P. 3 CITY OF ANDOVER - AUGUST 2009 COMMUNITY SERVICE OFFICER REPORT AUGUST JULY AUGUST ITEM YTD 2009 YTD 2008 Radio Calls 91 .141 952 1,140 Incident Reports 67 96 625 938 Accident Assists 6 8 60 90 Vehicle Lock Out 12 23 183 236 Extra Patrol 139 216 1,564 1,000 House Checks 0 2 6 36 Bus. Checks 15 31 246 285 Animal CompI. 43 49 329 425 Traffic Assist 2 20 90 118 Aids: Agency 122 194 1A55 1,305 Aids: Public 23 24 339 677 Paper Service 0 0 14 0 Inspections 0 0 3 0 Ordinance Viol. 14 1 18 2