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HomeMy WebLinkAboutCC - August 17, 20101685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US Regular City Council Meeting — Tuesday, August 17, 2010 Call to Order — 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (7/20/10 Workshop, 7/20/10 Closed, 8/4/10 Regular, 8/4/10 Closed) Consent Items 2. Approve Payment of Claims — Finance 3. Declare Surplus Material /Sand - Engineering 4. Approve City Code Amendment/Changes to the Wind Turbine Ordinance - Planning 5. Amend Community Center Fees/Fee Ordinance No. 377 — Community Center 6. Approve 2011 Anoka County Sheriff s Contract — Administration 7. Approve Contract for School Liaison/Anoka- Hennepin School District #I I - Administration Discussion Items 8. Anoka County Sheriff s Department Monthly Report — Sheri 9. Consider Special Bow Hunting Request for Smith's Rolling Oaks Neighborhood - Planning 10. Consider Two Year Time Extension/Timber Trails 2 "a Addition — Planning Staff Items 11. Schedule September Workshop Meeting - Administration 12. Administrator's Report - Administration Mayor /Council Input Closed Session — Public Works Union Negotiations Update Adjournment 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: August 17, 2010 INTRODUCTION The following minutes were provided by Timesaver for City Council approval: July 20, 2010 Workshop July 20, 2010 Closed August 4, 2010 Regular August 4, 2010 Closed DISCUSSION The minutes are attached for your review. ACTION REQUIRED The City Council is requested to approve the above minutes. l Respectfully submitted, Michelle Hartner Deputy City Clerk Attach: Minutes 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ANDOVER CITY COUNCIL WORKSHOP MEETING —JULY 20, 2010 MINUTES The Workshop Meeting of the Andover City Council was called to order by Mayor Mike Gamache, July 20, 2010, 9:05 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Sheri Bukkila, Don Jacobson, Mike Knight, Julie Trude Councilmembers absent: None Also present: City Administrator, Jim Dickinson Director of Public Works /City Engineer, David Berkowitz 2011— 2015 CAPITAL IMPROVEMENT PLAN — FOCUS ON STATE AID ROAD IMPROVEMENTS & CITY UTILITYSYSTEMIMPROVEMENTS Mr. Berkowitz stated this item is in reference to the 2011 -2015 CIP development. The items they want to review are specifically related to the State Aid projects and how water projects impact those same projects. Councilmember Jacobson stated on page 21, extending the sewer along Bunker Lake Boulevard and over to County Road 7 which is through Ms. Sonsteby's property and he is going to assume it is put in the budget for $40,000 but that we will only do the project if we received a petition from Ms. Sonsteby. Mr. Berkowitz showed a map to the Council and asked if they want to put in the water pipe at the same time as the road reconstruction or at a future date. Mr. Berkowitz reviewed the South Coon Creek project that staff would like to see be reconstructed in 2012. He noted a water loop is critical under South Coon Creek for the overall system in the short and long term. Mr. Dickinson stated various projects, including the Clear Well, 2.8 million contained in the CIP particularly serves new growth in the community. Mr. Dickinson stated they need to cut back on project and operational costs and the only way they can do that right now is to cut City improvements and he hopes that will buy eight to ten years and if he can get ten years out of the water tower rehab this is a good deal. Councilmember Knight stated he would be surprised if they see significant population growth in Andover. Mr. Dickinson stated in order to maintain the system in the next ten years they need to make wise decisions. If they can improve functionality and efficiency of their system that is paramount with their CIP investments because they need to find ways to reduce operating costs. They do not want to make too much of an expenditure for it and not getting any efficiencies back out of it and that is why they are rethinking the demolition of the water tower. Mr. Berkowitz stated they would like to go to a one tier system sooner than later but understands that it is not realistic at this point. He feels this is a medium step that gets them in the right direction. Andover City Council Workshop Meeting Minutes —July 20, 2010 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Councilmember Jacobson asked by doing the improvement would it help with the water pressure problem in the south part of the city and the public safety problem. Mr. Berkowitz stated it would not help completely but by having a redundant water system to serve the west side of town would be very helpful. Councilmember Knight asked what they were projecting for population growth numbers in the area they are talking about. It was indicated there would not be a lot. Mr. Berkowitz stated there would not be a lot of development but they are establishing redundant service and reducing some issues that are happening with pressure in certain areas of the City. Councilmember Trude wondered if it would help if they had more rate payers. Mr. Dickinson indicated it would. Councilmember Trude thought they may be charging too much for hook up connections and if they lowered the cost maybe more people would hook up. Mr. Dickinson stated more rate payers would help, but lowering the hook up costs, he stated by doing that there is a cost shift and the burden moves from development to usage rate to pay for long term improvements. When they start talking about where do they want that to be, do they want it on the rate payer or on the development to pay for it. Past practice and theory has been that development pays for itself. Mr. Dickinson thought it maybe time to have an outside fiscal party come in and evaluate the rate plan. Councilmember Jacobson asked what would happen if they went to Anoka and Coon Rapids to see if they would let Andover tap into their systems and integrate. Mr. Brian Krabel stated they are taking different waters and that adds different issues to the way water would need to be treated by the system. Councilmember Jacobson wondered if getting help from adjoining cities for five years would that help immediate problems. Councilmember Trude asked Mr. Berkowitz to look into the potential to let Anoka service part of their City for water. Staff discussed with the Council the options for running water lines in connecting developments. Mr. Berkowitz indicated he would like to do the South Coon Creek project in 2011 but thought they needed more time to get the plan set up and the costs set before approaching the neighborhood. Councilmember Trude did not think it made sense to run a line in an area where no one is going to hook up. She wondered if there was an alternative route to this. Mayor Gamache did not see any other option other than to do this project. Councilmember Trude asked if they could analyze this project more before they approve it. Mr. Berkowitz stated SEH already reviewed the area and recommended this as an improvement they Andover City Council Workshop Meeting Minutes —July 20, 2010 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 should make and so now we are starting to work on this. Mr. Berkowitz noted South Coon Creek should have been reconstructed five years ago and he has been putting it off but now it will need to be reconstructed in 2012 because the street has gotten really bad, they would just like to add the water line to the project. Councilmember Jacobson suggested they have another engineering firm look at the project to see if this is the right thing to do at this time and if it is still consistent with previous suggestions. Mr. Holasek asked if there would be a projected cost to install the watermain in five years instead of at the time of road reconstruct. Mr. Berkowitz stated it would likely be about thirty percent more for the water main and then to rip up the road again and reconstruct it could be double the cost or $1,400,000. Mr. Berkowitz stated he could probably get the same engineer in to reevaluate the project to see if this is still the right thing to do. Mr. Berkowitz updated the Council on other road reconstruction projects within the City. 2010 BUDGET IMPLEMENTA TION PROGRESS REPORT Mr. Dickinson stated they are on target, things are going well and they are staying within their guidelines. 2011 BUDGET DEVELOPMENT DISCUSSION Mr. Dickinson stated the primary issues are they had to make some modifications in the debt area to free up for operational side. Under staffing, there has been no new staffing requests for the coming year and if he has a first request in staffing, if funding was available, he would request first to recall the public works employee. He noted under salary, they are indicating a freeze yet for 2011. He stated if funding were available, the first item he would recommend to the Council is to approve steps and then to look at a cost of living increase. Personnel related items: Last month he talked to Council about the Federal Health Care Reform and what the League of MN Cities recommendation was. Mr. Dickinson stated he sat down with the City's broker and evaluated it and they do not believe it. He stated the League made that broad statement by looking at numerous cities within Minnesota that have actual caps on how much can be paid out in life time health insurance claims and they are currently not under that. He stated their contract will not be impacted because of that type of issues. He believed he could bring the number in under 12% by marketing the plan to different companies. Community School funding has been removed from the budget and the School District did not argue too much about it but encouraged the City to continue funding through the next school Andover City Council Workshop Meeting Minutes —July 20, 2010 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 year at minimum. Mr. Dickinson recommended cutting the funding in half. He wondered if they should contribute half or none at all in the coming year. Mayor Gamache was fine with contributing half of the funding for the next school year. Councilmember Trude thought they should send a letter to the school principals informing them of the change by the City. Councilmember Jacobson stated he heard a rumor that starting in January 2011 employees will have to pay income taxes on heath care costs. Mr. Dickinson stated they would if it is considered excessive, such as a Cadillac health insurance plan and they are not close to that based on their costs. Mr. Dickinson stated they are working on the Sheriff's Contract and will bring the contract through for approval. OTHER TOPICS Mr. Berkowitz reviewed the reconstruction of the Bunker Lake Boulevard project with the Council. The Council felt they should connect the trail to the construction cut off area. They did not want to pay for the costs of a median or for street lights. The Council also felt they should let development cover the costs for the turn lane. Mr. Berkowitz stated there is a possibility of installing lights at 138 th Avenue N of Bunker Lake Boulevard but they would need to pay for half of each of the County's legs along with the cost for the power. Mr. Berkowitz asked if they should assess sewer and water to the Sonsteby development now or when it is developed. Councilmember Jacobson thought sewer and water assessment should be billed to the Sonsteby land when it is developed. Councilmember Trude thought they should discuss this with Ms. Sonsteby's son first before a decision is made. Mr. Berkowitz indicated they planned on meeting with the Sonsteby family regarding the plans. Motion by Jacobson, Seconded by Bukkila, to adjourn. Motion carried unanimously. The meeting adjourned at 10:17 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 REGULAR ANDOVER CITY COUNCIL MEETING — AUGUST 4, 2010 MINUTES The Regular Bi- Monthly Meeting of the Andover City Council was called to order by Acting Mayor Julie Trude, August 4, 2010, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Sheri Bukkila, Don Jacobson, Mike Knight Councilmember absent: Mike Gamache Also present: Director of Public Works /City Engineer, Dave Berkowitz City Planner, Courtney Bednarz City Administrator, Jim Dickinson Others PLEDGE OFALLEGL4NCE RESIDENT FORUM No one wished to address the Council. AGENDA APPROVAL Move Item 4 to discussion. Motion by Jacobson, Seconded by Knight, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OF MINUTES July 20, 2010, Regular Meeting: Correct as amended. Councilmember Trude stated on page 5, they were discussing the tree branches and trees that were down from the storm and she wanted to add a paragraph that was left out. Line 22 should read " Councilmember Trude suggested a less expensive option would be if the City hired a wood chipper and came to the neighborhood to chip the brushes and left the chips for the neighborhood landscaping. Logs would be kept by the homeowners. This way there would be no removal costs." Councilmember Jacobson stated on page 3, line 19, "...did not think there would be. Regular Andover City Council Meeting Minutes —August 4, 2010 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Councilmember Jacobson asked if the City would allow the RV to be..." Motion by Knight, Seconded by Bukkila, to approve the minutes as indicated above. Motion carried unanimously. CONSENT ITEMS Item 2 Approval of Claims Item 3 Award Bid/10 -12 /Public Works Salt Storage Facility (See Resolution R062 -10) Item 5 Approve Auditing Services Contract/HLB Tautges Redpath Item 6 Approve Therapeutic Massage Therapist License Item 7 Authorize Facility Management Budget/Emergency Backup Power Item 8 Approve Resolution/Approving License Agreement/Hidden Creek North/Clear Wireless (See Resolution R063 -10) Item 9 Approve Change Order #1 /10- 04/2010 Seal Coating (See Resolution R064 -10) Motion by Jacobson, Seconded by Knight, approval of the Consent Agenda as read. Motion carried unanimously. PUBLIC HEARING /CITY CODE AMENDMENT TO APPLY PARK REGULATIONS TO OPEN SPACE PROPERTIES Mr. Bednarz stated the Open Space Advisory Commission has discussed establishing rules for open space areas to satisfy that portion of their assigned duties. As a part of those discussions they reviewed City Code 8 -4 which provides regulations for parks and recreation areas. It is the recommendation of the Open Space Advisory Commission that the existing park regulations be applied to open space properties. Mr. Bednarz reviewed the information with the Council. Councilmember Trade asked if there was discussion about horses. Mr. Bednarz stated the Open Space Commission has talked about horses on multiple occasions and did not want to make a change to allow or include them. Councilmember Trade stated she saw this as an opportunity to clean up this ordinance because she noticed that right now it is not allowed to rollerblade anywhere in the City except Sunshine Park. Councilmembers Knight and Jacobson indicated they would like to look at leashed animals, motor vehicles in parks, and firearms. Mr. Dickinson thought this item might want to be redirected back to the Park Commission to review and discuss possible changes. He stated their first goal would be to have some regulations for open space properties that would be put in place immediately and if they would like to look back at these other items they should re- advertise and bring it back. He stated they would really like to have something in place for their open space since there is not anything currently. Regular Andover City Council Meeting Minutes —August 4, 2010 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Mr. Bednarz reviewed the current discharge ordinance with the Council and indicated this would also be valid on the open space. Motion by Jacobson, Seconded by Knight, to open the public hearing. Motion carried unanimously. No one from the public wished to address the Council. Motion by Jacobson, Seconded by Knight, to close the public hearing. Councilmember Trude wondered if they should close the public hearing or if they should continue it to another meeting. City Attorney Baumgartner stated he agreed with what Mr. Dickinson stated. If they are looking at doing a revamp of the park outside of what they are talking about currently which is the addition of open space to the current ordinance that should be a different hearing so he would close the public hearing for the purposes of what they are addressing currently at the meeting and if they want to go back and make any major improvements, additions or deletions to the ordinance as a whole it should be something completely different. Councilmember Trude thought there was an opportunity to clean something up and did not want anyone to go to court because they were skateboarding or rollerblading. She thought this would be an opportunity to get a free clean up of an ordinance. She asked if anyone would have an objection if they were to remove that provision from the Parks ordinance. Councilmember Jacobson thought they should close the public hearing and then they should send this to a workshop to discuss and possibly end up with two ordinances, one for parks and one for open space. Councilmember Trude stated she did not want to close the public hearing until she was able to get her issue cleaned up. She thought the other items could be discussed at another time. She stated she did not want to adopt this ordinance if they thought they would have to readopt it again after more changes. Councilmember Jacobson stated if they close the meeting and then don't do anything, they still have the original park ordinance as it stands now. Councilmember Trude understood and stated the concern that was originally brought forward is do they want to have any regulations for the open space and that is the reason why they published the notice so the public deserves the opportunity to know what some of the concerns might be. Mr. Dickinson stated from his perspective, what are the primary items they have concern with. His primary concern is not having regulations over the open space. Councilmember Trude agreed and stated she did not want action on the hearing or the ordinance until she knew this was the direction to pursue. There is concern about bringing this to a workshop since there is so much work to be done and maybe they need to have a little more understanding. If they adopt this and then they come up with a whole new ordinance they will need to bring this ordinance back and change it and then bring in the new ordinance. Regular Andover City Council Meeting Minutes —August 4, 2010 Page 4 1 Councilmember Knight stated there are some issues, particularly with the piece on the river 2 where you could have people canoeing and camping there and would they want that or not. He 3 stated there is one item that says you have to have a dog leashed and he did not think it was 4 practical to leash a dog in the open space woods. These are little things but pertain to this. 6 Councilmember Trade stated she would prefer they continue the public hearing if they are just 7 going to have some discussion with the attorney, iron out things and make a decision. She 8 thought if they are going to make some changes this should come back for comment. Mr. 9 Dickinson stated if they were to make some wholesale changes he thought it should be re- 10 advertised. They could take this to the August workshop to review and if necessary this could be 11 re- advertised for the second Council meeting in September. 12 13 City Attorney Baumgartner stated if they were to continue this public hearing, it will be confined 14 solely to the open space, you should not go back in and make the changes they have been 15 discussing because that is something over and above what has been advertised so they should re- 16 advertise because there might be some people that do not have a problem with including open 17 space to this ordinance but may want to comment about some of these things the Council wants 18 to discuss. 19 20 Councilmember Trade thought that was reasonable and accepted the motion to close the public 21 hearing. 22 23 Motion carried unanimously. 24 25 Motion by Jacobson, Seconded by Bukkila, to move this item to the August City Council 26 Workshop for further discussion. 27 28 Councilmember Knight stated the issues he thought that should be discussed are: land that is on 29 a water body versus land that is completely landlocked. 30 31 Councilmember Jacobson stated his concern is with firearms and if they are going to allow 32 hunting in the open spaces or not. Councilmember Trade stated if this is adopted tonight there 33 will not be any hunting on open space land. 34 35 Councilmember Jacobson stated he is also concerned about vehicles and play areas listed in the 36 current ordinance, he thought they needed to talk about them so they understand what they are 37 doing. 38 39 Councilmember Trade asked if the Parks and Recreation Commission or Open Space 40 Commission discussed these items already and was there a concern. Mr. Bednarz stated the 41 Open Space Commission's understanding was much like was outlined that motor vehicles would 42 not be allowed unless there were designed areas for them. 43 44 Councilmember Trade asked if they adopted the ordinance as proposed would there be any 45 hunting in the open space areas. City Attorney Baumgartner stated if they adopt this as proposed Regular Andover City Council Meeting Minutes —August 4, 2010 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 there would not be any hunting in open space areas because firearms are excluded from parks and open space. Councilmember Trude asked if bows would be excluded also. Mr. Dickinson stated that is covered in the discharge ordinance. Councilmember Trude asked if camping would be allowed in the open space areas. Mr. Bednarz stated as written they would not be allowed based on the hours of operation and they do not allow fires. Councilmember Trude stated she would be willing to defer this for another week or two to a workshop when all the Council will be there. Councilmember Knight stated they also need to discuss signage. Mr. Dickinson stated the Open Space Commission has already discussed this and he asked Mr. Bednarz to review the signage plan with the Council. Mr. Bednarz reviewed what the Open Space Commission has done so far in regard to signage of the open space areas. Motion carried unanimously. PUBLIC HEARING /CITY CODE AMENDMENT TO ALLOW LOTS AT LEAST 2.375 ACRES IN SIZE TO BE CONSIDERED EQUIVALENT TO 2.5 ACRE LOTS FOR THE PURPOSE OF INTERPRETING THE CITY CODE. Mr. Bednarz stated the Council has discussed properties that are fractionally above or below an acreage requirement of the City Code on several occasions. The outcome was to direct staff to prepare an ordinance amendment that allowed what has been referred to as a 95% rule for regulations that affect the use of lots intended to be 2.5 acres in size. Mr. Bednarz reviewed the information with the Council. Councilmember Trude wondered if the ordinance title would change. Mr. Bednarz stated the ordinance that will be adopted will include the new title. Motion by Knight, Seconded by Jacobson, to open the public hearing. Motion carried unanimously. Mr. Dickinson read into the record the following statement from Shannen Schmieg, 2731 167` Lane NW. The topic is related to City Code regarding ATV's and OHM'S. "Good Evening, the statement is being read aloud on my behalf per Andover City Administrator's approval. Since early this spring my family has had an ongoing noise and nuisance issue with their neighbors to the south of us which our home faces. Because the neighbor refused to come to a compromise or go to mediation we filed a complaint with the City of Andover. This person then decided to drag everyone in Andover who had 2.35 to 2.49 acres into what should have been a one on one appeasement. Since then our home has been subject to Regular Andover City Council Meeting Minutes —August 4, 2010 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 three incidences where profanities were written in our driveway, soiled underwear was left in front of our home and gunshots fired in the rear of our property. Lastly I was verbally threatened by an attendee from the workshop in July. For the record, for those that are unaware, our son is the reason I asked the neighbor to compromise. Our son has Aspurgers Syndrome which is part of the autism spectrum. Loud sounds are terrifying to anyone with the condition. The use of ATV's and OHM's on the neighbors property has disrupted his life and impacted our family to the extreme that we often leave our home and have to medicate our son to ease his anxieties. Thou some of his anxieties are not the neighbors fault, he was fully aware of our sons condition and yet conditioned to wanton dally engage in the continued use. Our main issue is the extreme noise coming from 1679 Crocus Street due to the use of multiple ATV's and full size OHM'S. It is our opinion the excessive noise is due to the use of multiple machines at one time and the use of jumps. These machines rep louder than standard used when throttling to gain momentum to get over said jumps. These jumps are manmade dirt piles that exceed two feet in height. One is estimated at 3.5 feet. No one in the Lund Evergreen Estates has a track. They may ride on their property but do not have a visible track nor does anyone have jumps. There are photos provided showing dirt jumps." Mr. Dickinson showed the Council the photos. Councilmember Trude indicated the Council received this letter also. Mr. Dickinson continued with the letter: "Our second issue is the littering and kick -up of dirt and dust from this track. When this neighbor is riding dust kicks up and travels onto our property. When this occurs and we are outside on our deck we are littered with said debris. We often have to retreat inside until the neighbor finished and the dust settled. This is not just a nuisance but a health hazard, especially to asthmatics. This neighbor created a track that has curves, jumps and is rather large for a small parcel that is in full view of three of his four sides in the development. This is more than leisure use to ATV's and OHM'S. Though the City is expected to pass a revision of the said ordinance to grandfather in parcel owners who have thought they had 2.5 acres or are in a development where most of the neighboring parcels are 2.5 acres or higher, I the complainant urge and request that serious limitations be set due to the size of these parcels, proximity to neighboring parcels and exactly how the use impacts neighbors and the environment. 1. The hours of use should be limited until 7:00 p.m. due to the noise factor. Small children and some adults attempt to sleep that early, bringing the time down to 7:00 p.m. would add an extra hour of quiet time for those needing rest. 2. Limit the number of machines that can be used at once to only one. Due to the noise factor and the nuisance of dust, this would lower the noise level and amount of dust traveling to neighboring parcels. 3. Require those with visual dirt tracks to add gravel to limit the dust nuisance and add a buffer zone with trees, shrubs or privacy fence. This would drastically reduce dust and dirt kick -up. 4. No jumps purchased or manmade should be used with parcel this size. This only adds to Regular Andover City Council Meeting Minutes —,4 ugust 4, 2010 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 the noise when an ATV or OHM needs to thrust the throttle to get over these jumps. 5. If numerous complaints about noise or dust are confirmed by law enforcement in the future it should be the City Council that comes out to observe the said complaint. It will only be there that a true understanding of how disturbing and a nuisance they can be and how much it affects residents lives. Speaking on behalf of special needs children and residents who live in close proximity, I urge the City Council to add these requested restrictions. It is essential for the peace and tranquility of Andover. Thank you, respectfully submitted, Shannen Schmieg." Motion by Jacobson, Seconded by Knight, to close the public hearing. Motion carried unanimously. Councilmember Jacobson wondered if on the first line they could change the sentence after Policy to read: "...for those rural lots originally platted and intended be appropriate because there are rural lots of 2.5 acres that were just carved out and not platted. City Attorney Baumgartner thought that by inserting the word platted they will limit it down so if there was any lot that the intended result was the 2.5 acres regardless of whether or not it was platted, you would miss those. Councilmember Trude stated they had a few of those come in because of lot splits. Councilmember Knight asked if they had lots that were intended to be 2.5 acres and some of them turn out to be less than the minimum, would it not be fair to leave them all at that rather than putting any footage on them. City Attorney Baumgartner stated they are going to have to have some size requirement or they are going to have nothing and then they are going to leave themselves open to arguments of intention. Usually he would suggest that if it was intended to be 2.5 acres it is going to be pretty close to that or it is going to be so much less that it is going to be noticeable. Councilmember Knight asked what the language is when these are recorded. City Attorney Baumgartner stated it is typically recorded by acreage; the issue is when roads come in and decrease the size of the property. Motion by Jacobson, Seconded by Bukkila, to approve the draft ordinance amendment along with the summary ordinance. Councilmember Trude stated this all came about because of concern an individual had with the neighboring property owner and she did not think this action addresses the concerns the two neighbors have and mediation would probably be the most successful tool that these parties could engage in to live in peace in the neighborhood. Motion carried unanimously. (See Ordinance 396) Regular Andover City Council Meeting Minutes — August 4, 2010 Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 PUBLIC HEARING /CITY CODE AMENDMENT TO CONSIDER CHANGES TO THE WIND TURBINE ORDINANCE Mr. Dickinson stated at the May 20, 2010 workshop, the City Council reviewed the adopted City Code language for regulations of wind energy conversion systems and compared it with language that was suggested by Councilmember Jacobson. At the May 20 workshop, the Council liked the changes that were proposed and recommended bringing this item back for a public hearing. Mr. Dickinson reviewed the information with the Council. Councilmember Jacobson stated there were a couple of things that needed to be simplified. On page 5, under 2 WEX prohibited A, they discussed this at the workshop and the majority wanted section A deleted because it is a duplicate and is still in there and should be deleted. 3A, there should be a period after WEX and then delete the rest of the line. Scattered throughout there are typos that should be corrected. Councilmember Knight stated on page 14, under noise, as he understood the biggest objection is the never ending grinding sound and not the actual noise and they do not address that and did not know how they would address that. Councilmember Jacobson stated page 7 is the revised wording. Councilmember Knight stated that wording does not apply to repetitive noise. Mr. Dickinson stated the MPCA is the agency that sets the standards that cities use for the enforcement of noise nuisances. Councilmember Trude asked if they are going to talk about the location. Councilmember Jacobson suggested staff and the City Attorney to draft the language that basically none of these units is to be sited in the front yard of a residence on any parcel of land that is 2.5 acres or smaller. Motion by Jacobson, Seconded by Bukkila, to open the public hearing. Motion carried unanimously. No one wished to address the City Council. Motion by Jacobson, Seconded by Knight, to close the public hearing. Motion carried unanimously. Motion by Jacobson, Seconded by Bukkila, to direct the City Staff to make the changes as discussed and bring back under the consent agenda at the next meeting. Councilmember Knight asked if it would be necessary to do any adjusting to the building code for homes that would have these on the roof in terms of structure. Mr. Dickinson stated it would not; the building code is prescribed to them by the State. Regular Andover City Council Meeting Minutes —August 4, 2010 Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Motion carried unanimously. AWARD BID 109- 181IIAWKRIDGE PARK RECONSTRUCTIONIWELL Mr. Berkowitz stated the City Council is requested to receive bids and award the contract for Project 09 -19, Hawkridge Parks Reconstruction/Well. Mr. Berkowitz reviewed the information with the Council. Motion by Jacobson, Seconded by Knight, to award the bid to Mark J. Trout Wells for this project and approve an additional $33,000 to be allocated through the Park Improvement Fund for this project to meet the plans and specifications they had prepared for full completion. Councilmember Knight asked if the Park Commission had been involved in this and aware they may have less money to work with. Mr. Berkowitz stated at this point bids were received on Monday so the Park Commission has not been notified that there are additional requests for funds. Councilmember Bukkila asked if anyone has done a breakdown to see what the overall effect is on that budget. Mr. Dickinson stated he had a spreadsheet to show on the Park Improvement Fund. Motion carried unanimously. Ly;zSAYIN fWAIIcTrN-171 lRYN- ►tAffid Motion by Jacobson, Seconded by Bukkila, to schedule the August EDA Meeting for 6:00 p.m. on August 17, 2010. Motion carried unanimously. ADMINISTRATOR REPORT City Administrator Dickinson updated the Council on the administration and city department activities, meeting reminders, CIP Projects and development activity. Regular Andover City Council Meeting Minutes —August 4, 2010 Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 AMYORICOUNCIL INPUT (Night to Unite) — Councilmember Knight complimented the Fire Department of the great job they did. Councilmember Bukkila stated she was on the new fire truck and misquoted the cost; the actual cost was approximately $450,000 which is spread over two years. She noted the new truck has air conditioning which is nice for them. Councilmember Trude reviewed her night out on Night to Unite with the Council. (Andover Station Outdoor Concert) — Councilmember Knight stated he has received a lot of good comments on the outdoor concert and thought they may want to do more of them. (Upcoming Primary Election) — Councilmember Jacobson reminded the residents when voting to vote on both sides of the ballot. (Administrative Fines instead of Court) — Councilmember Trude stated she would like to discuss at the August Council Workshop about going to administrative fines instead of bringing people to court for certain violations. She thought this would cut down on costs and time spent and she thought this would improve revenues also. (Water Hook -Up Charges) — Councilmember Trude would like to look at having more people hook up to the water when street construction is done. She thought they could lower the costs for hook up. She would like to see this as a workshop topic. (Andover's Foreclosure /New Construction Status) — Councilmember Knight asked for an update on new construction in Andover. Mr. Dickinson stated YTD they have 46 new homes compared to 13 in 2009. He did not think the numbers would rise significantly going forward. He stated the pace of foreclosures is going to be about the same as the previous two years. The Council recessed at 8:48 p.m. to go into a closed session to discuss 2010 Public Works Union Contract Review /Discussion and Open Space Land Purchase Negotiations — White Pine Wilderness. The Council reconvened at 9:21 p.m. to adjourn. Motion by Bukkila, Seconded by Trude, to adjourn. Motion carried unanimously. The meeting adjourned at 9:21 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary Regular Andover City Council Meeting Minutes —August 4, 2010 Page 11 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — AUGUST 4, 2010 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE .......................................................................... ............................... 1 RESIDENTFORUM ....................................................................................... ............................... 1 AGENDAAPPROVAL ................................................................................... ............................... 1 APPROVAL OF MINUTES ............................................................................ ............................... 1 CONSENTITEMS .......................................................................................... ............................... 2 Approvalof Claims ...................................................................................... ............................... 2 Award Bid/10- 12/Public Works Salt Storage Facility (See Resolution R062- 10) ..................... 2 Approve Auditing Services Contract/HLB Tautges Redpath ...................... ............................... 2 Approve Therapeutic Massage Therapist License ....................................... ............................... 2 Authorize Facility Management Budget/Emergency Backup Power .......... ............................... 2 Approve Resolution/Approving License Agreement/Hidden Creek North/Clear Wireless (See ResolutionR063 -10) ............................................................................. ............................... 2 Approve Change Order #1/10- 04/2010 Seal Coating (See Resolution R064- 10) ...................... 2 PUBLIC HEARING /CITY CODE AMENDMENT TO APPLY PARK REGULATIONS TO OPEN SPACE PROPERTIES Motion to Table .......................................... ............................... 2 PUBLIC HEARING /CITY CODE AMENDMENT TO ALLOW LOTS AT LEAST 2.375 ACRES IN SIZE TO BE CONSIDERED EQUIVALENT TO 2.5 ACRE LOTS FOR THE PURPOSE OF INTERPRETING THE CITY CODE (See Ordinance 396 ) .............................. 5 PUBLIC HEARING /CITY CODE AMENDMENT TO CONSIDER CHANGES TO THE WIND TURBINE ORDINANCE Motion to Table .................................... ............................... 8 AWARD BID /09- 18/HAWKRIDGE PARK RECONSTRUCTION /WELL . ............................... 9 SCHEDULE AUGUST EDA MEETING ....................................................... ............................... 9 ADMINISTRATOR REPORT ........................................................................ ............................... 9 MAYOR/COUNCIL INPUT ......................................................................... ............................... 10 Nightto Unit .............................................................................................. ............................... 10 Andover Station Outdoor Concert ............................................................. ............................... 10 Upcoming Primary Election ...................................................................... ............................... 10 AdministrativeFines .................................................................................. ............................... 10 WaterHook Up Charges ............................................................................ ............................... 10 Andover's Forclosure/New Construction Status ....................................... ............................... 10 ADJOURNMENT.......................................................................................... ............................... 10 1 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: August 17, 2010 INTRODUCTION Attached are disbursement edit lists for claims related to the on going business of the City of Andover. DISCUSSION Claims totaling $207,922.04 on disbursement edit list #1- 2 from 08/03/10 — 08/13/10 have been issued and released. Claims totaling $816,988.91 on disbursement edit list #3 dated 08/17/10 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 $1,024,910.95. Please note that Council Meeting minutes will be used as documented approval. Respectfully submitted, Lee Brezinka Attachments: Edit Lists CID a �o A rn 0 �U U U U P. m 0 0 N m � O b� 0 w. y O m• 0 u C L F u M L d A� z U �i d w R A d R 7 O C 0 �L u d '1 z u 'o C o-r O z b m W U d 00 OC N O MC C O� V N O M N .--i I 00 VI M M I , "t d' �O �o �O � �D �o 10 lO .n "o �D "O "o l0 G to N N O C) O O O O O O O O O C) O O O CJ O O O' O O O M M N M m O O O O O O O O O O O Cl O O\ ON N M O V M I M M. O O to eF O\ O\ ON 00 00 w 0 0 x �vv�vvvvv<rvd•vvavv�d•oo U .. Cl 0 0 0 0 0 0 0 0 0 O_ O O O O O_ 0 0 0 0 0 I M_ M N O O O O O U C O O O O O O O O O O N N N 7 d' Vl V1 h 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N N N N N N N M M M M M m M M m M m M m m M m M M M M M 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N It Vl - ADO M.-! --0001 0O1OON [ 7 er 00 O\ 06 C� 00 '+ DO L-, O O N l 4 i O C 06 V L 646 M W � \o O O b �.-. 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P, >,-. >v�v� ..o D\ N W T 00 U C U �U � o w m w F F :f cn N O 0 N m _N O 0 a U U .0 U y 7 E O rl 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members CC: Jim Dickinson, City Administrator FROM: David D. Berkowitz, Director of Public Works /City Engineer SUBJECT: Declare Surplus Material/Sand — Engineering DATE: August 17, 2010 INTRODUCTION Public Works is requesting City Council approval to declare the stockpiles of sand and fill material in the Public Works yard as surplus material and to authorize the sale of such material through a State of Minnesota authorized process. DISCUSSION Sand and fill material has accumulated in the Public Works yard for the past several years from various construction projects. The material is in the process of being screened so that it can be used as fill. By removing this material it will give Public Works an opportunity to clean up the yard of stockpiled material that is not needed. BUDGETIMPACT The revenue from the sale of the sand and fill material will be recorded in the appropriate funds and used toward operations. ACTION REQUESTED Staff is recommending that the City Council declare the sand and fill material as surplus and authorize the sale through a State of Minnesota authorized process. Respectfully submitted, ( D . David D. Berkowitz TO: Mayor and Councilmemebers CC: Jim Dickinson, City Administrator Will Neumeister, Community Develo t Directorl. FROM: Angie Perera, Associate Planner DATE: August 17, 2010 SUBJECT: Approve City Code Amendment / Changes to the Wind Turbine Ordinance. INTRODUCTION A public hearing was held at the August 0', 2010 City Council meeting. The Council discussed the proposed changes at that meeting and directed staff to review the language with the City Attorney incorporating the language modifications suggested and then to include this item on the consent agenda for the August 17` meeting. The primary modifications include the following: • Addition of # 11 in Section 9 -13 -3, General Standards — This includes language that no WECS shall be located in front yards of lots consisting of 2.5 acres or less. • Addition of # 12 in Section 9 -13 -3, General Standards — Similar language was removed from the three different WECS sections and included under the General Standards section to remove duplication of information. • Change "Permit Requirements" to "Insurance Requirements" in subpart C of Sections 9 -13 -4, Residential WECS, 9 -13 -5, Commercial WECS and 9 -13 -6, Roof Mounted Residential WECS. The proposed amount for insurance of Residential and Roof Mounted Residential WECS is $300,000 and $500,000 for Commercial WECS. • Section 12 -13 -5, Design Requirements is not included with this ordinance amendment since no changes are being proposed to that section. • Other minor language modifications are being proposed to streamline the regulations and to correct basic grammatical items. ACTION REQUESTED The City Council is requested to approve the City Code amendment as drafted (or with modifications) and also adopt the summary ordinance that will be published in the Anoka Union. a spectlul 'spectfully Submitted, Angi ra Attachments Summary ordinance for publication, Ordinance Amendment (Edited), Ordinance Amendment (Clean Copy), Wind Energy Ordinance No. 390 - adopted CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. SUMMARY AN ORDINANCE AMENDING CHAPTER # 13, WIND ENERGY CONVERSION SYSTEMS STATUTORY AUTHORIZATION AND POLICY Statutory Authorization This ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statute 462. Policy Chapter # 13 of Title 9 is being amended for re- establishing certain provisions for Wind Energy Conversion Systems (WECS). GENERAL PROVISIONS AND DEFINITIONS Jurisdiction The provisions of this Ordinance shall apply to the City of Andover. Enforcement The City Administrator or his/her designee shall have the authority to enforce the provisions of this ordinance. Interpretation Interpretation of the provisions of this ordinance shall be held to be the minimum requirements and shall be liberally construed in the favor of the governing body. A printed copy of this ordinance is available for inspection by any person during regular hours of the City Clerk. Adopted by the City Council of the City of Andover on this 17` day of August, 2010. ATTEST: Michelle Harmer, Deputy City Clerk CITY OF ANDOVER Michael R. Gamache, Mayor COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: CITY CODE TITLE 9: BUILDING REGULATIONS CHAPTER 13: WIND ENERGY CONVERSION SYSTEMS CHAPTER 12: PERMITTED, CONDITIONAL AND PROHIBITED USES ENUMERATED (Strikeouts are language to be removed and underlining represents new language to be added) Chapter 13 Wind Energy Conversion Systems SECTION 9 -13 -1: Purpose and Intent 9 -13 -2: Definitions 9 -13 -3: General Standards 9 -13 -4: Residential WECS 9 -13 -5: Commercial WECS 9 -13 -6: Roof Mounted WECS 9 -13 -7: Exceptions to the Requirements of this Chapter 9 -13 -1: PURPOSE AND INTENT: The purpose of this chapter is to promote the safe, effective and efficient use of alternative energy sources and systems as the technology becomes available. The purpose of this chapter is also to establish predictable and balanced regulations for the establishment of commercial, residential, and roof mounted WECS, ill the I neatigns 9 -13 -2: DEFINITIONS: The following words and terms shall have following meanings when used in this chapter: WIND ENERGY CONVERSION SYSTEM (WECS): Any device cam; a- �a_wi+�d caa _. Wind t� which converts wind energy to a form of usable electrical energy. Windmills used for agricultural P 1 "4- Q1- -ro, pumping water or f eeding — l ive ok .__and decorative windmills that are less than thirty five op (35) feet in height shall be excluded from this definition. COMMERCIAL WECS: RESIDENTIAL WECS: Means a WECS of forty (40) kilowatts or more in total name plate generating capacity. Means a WECS of less than forty (40) kilowatts in total name plate generating capacity. ROOF MOUNTED WECS: WECS HEIGHT: Means a WECS mounted on top of a building, as set forth in Section 9 -9 -3. The height of the tower /pole plus the rotor radius. 9 -13 -3: GENERAL STANDARDS: The following general standards are requirements of the three types of Wind Energy Conversions Systems (WECS): r No more than one Wind Energy Conversion System (WECS) shall be permitted per lot. II WEC -- - 3) SETBACKS: T-h set back a minimum of 1.5 times the height of the WECS fromE shat be a) €-rG+ the nearest ,! _.�h ti +, » structure_ °� habitable +s- greater. b) €-rern the nearest public right -of- way= i e c) €-'em the nearest property line = and feet or 4.5 j G f ^ t �ni 41mes th h T� — �vv h iGhL v2r -I S-g r �tr� tct }CAS - -S e iir�lt aRy'p{3r {4r} - 2- d) From recreational fields =. pe#iGl e th e) In addition. Na-no portion of the WECS, including the full arc area created by any blades -used in theme shall extend over any aboveground power line or drainage and utility easement. 4) The WECS shall be equipped with both a manual and an automatic braking device capable of stopping th„e PCS operation in high winds. 5) No WECS shall have affixed or attached lights, reflectors, flashers or aRay other illumination, except as may be fsr - the se--devle. -. s- required by the Federal Aviation Administration. 6) The WECS shall be- #ittered -- &Welled -.$r ©.thepM&e__be-d gne Eenstr eted se -as -not te-cause electrical, radio frequency, television, a+4d -or other communication signal interference. — 7) All obsolete and unused towers and equipment shall be removed within twelve (12) months of cessation of operation of + -o, th unless the City Council grants an exemption or an extension. 4se-peP*t- 3 • " wind are allowed • v 50— clim Triural -standards tor noise and these S---R d 1 A ll WECS sh . all comply with all applicable local, state • -•- -• • or less 11 No WECS shall be located in front yards of lots consisting of 2 5 acres 12) No existing WECS shall be physically altered unless it is being removed from the property or through standard maintenance that does not expand the arc area or the height of the structure 13) Violation; Revocation of chapter is grounds for revocatio n and /or removal of a WECS. Permit: Violation of any provision of this of a conditional use permit for a WECS Oft 3- 9 -13 -4: RESIDENTIAL WECS: A. LOCATION: Residential WECS shall be allowed as a conditional use on parcels of land meeting the setback requirements listed in Section 9 -13 -3 and in accordance with the permit and regulations established in this chapter. B. DESIGN REQUIREMENTS: 44131ade arcs created -by-th `"-4-9 DES shall have a minimum of thirty (30) feet of clearance over any accessory structure or tree within the full arc area_ ).7_? _ .... ........ _ 21 _T he WECS, inc the b shall be grounded and shielded. al t�pr4a Gt C]c�"G+ns - rru ttli"l1'I ng &tFke.�nn�Rf -arman wi +h t -he- N'atGa } .�,n�+ nct n� rrc�+ osrcr - t Gal Code, The WECS shall not include a tower - climbing apparatus within twelve (12) feet of the ground. WECS shall display a sign posted at the base of the tower, net tA e xpeed containiac the following information: a) A warning of high voltage, h\Th Oct 4Fe! n- rcr meT c4 emergency telephone number, d) The emergency shutdown procedures, e) siggs information which may be required on the basis of individual applications as safety needs dictate or as identified in the conditional use permit. ppFeved exist . i - R . g VVEGS shall be physiG illy altered withGut req64iRg aR ameRdment te the I er the height of the C. INSRUANCE REQUIREMENTS The applicant for the con ditional use p ermit shall deposit with the City Clerk a policy of liability insu rance for personal inj or property damage in the sum of at least $300,00 The policy shall contain a clause obligating the company issuing to give at le ast thirty (30) days written notice to the CitV before cancellation thereof. The conditional use and buil ding permits are automatically revoked upon the lapse or ter mination of said p olicy. -4- 9 -13 -5: COMMERCIAL WECS: A. LOCATION: Commercial WECS shall be allowed as a conditional use on parcels of land with a minimum of at least five (5) acres in size and in accordance with the permit and regulations established in this chapter. B. DESIGN REQUIREMENTS: 1) Blade arcs created by the WECS shall have a minimum of thirty (30) feet of clearance over any accessory structure or tree within the full arc area created by arty- blades used in the system. 2) The WECS, including the blades, shall be grounded and shielded to in conformance with the National Electrical Code. 3) The WECS shall not include a tower - climbing apparatus within twelve (12) feet of the ground. 4) The WECS shall display a sign posted at the base of the tower containing the following information: a) A warning of high voltage, b}T he- t4ia�faGtur rr ' �„rr, � u�crr' v , E) _ An emergency telephone number, d} __ The emergency shutdown procedures, e} signs may be required ee-##"as +s- 44n4ivi ual a.p atisFi as safety needs dictate or as identified in the conditional use permit. - S' - - -- - - OWN ZZ 9 -13 -5: COMMERCIAL WECS: A. LOCATION: Commercial WECS shall be allowed as a conditional use on parcels of land with a minimum of at least five (5) acres in size and in accordance with the permit and regulations established in this chapter. B. DESIGN REQUIREMENTS: 1) Blade arcs created by the WECS shall have a minimum of thirty (30) feet of clearance over any accessory structure or tree within the full arc area created by arty- blades used in the system. 2) The WECS, including the blades, shall be grounded and shielded to in conformance with the National Electrical Code. 3) The WECS shall not include a tower - climbing apparatus within twelve (12) feet of the ground. 4) The WECS shall display a sign posted at the base of the tower containing the following information: a) A warning of high voltage, b}T he- t4ia�faGtur rr ' �„rr, � u�crr' v , E) _ An emergency telephone number, d} __ The emergency shutdown procedures, e} signs may be required ee-##"as +s- 44n4ivi ual a.p atisFi as safety needs dictate or as identified in the conditional use permit. - S' C. INSURANCE REQUIREMENTS: The applicant for the co nditional use p ermit sh all deposit with the City Clerk a policy of liability ins urance indemnifying the applicant from liability for personal injury or property dam in t he sum of at least $50 0 , 000. The policy shall contain a clause obligating th company is suing the sam to give at least thirty (30) days written notice t the City be fore cancellat thereof. The conditional use and building permi are automatically revoked upon the lapse or termination of said p olic y. �}gu+ld+a�- I '-��� �, br -�d +ng -peg + +red- f�tla- e- E- o�st�uc -tile of a -WECS. 9 -13 -6: ROOF MOUNTED RESIDENTIAL WECS: A. LOCATION: A WECS sited on top of a building shall be allowed as a conditional use GR n- panels of la ef the G4y— eT`"`dGve4s- C-� i n s;« and-- accordance with the permit and regulations established in this chapter. B. DESIGN REQUIREMENTS: 1) The WECS must be less than ten (10) kilowatts generating capacity. 2-The WECS shall not extend higher than fifteen feet (15') above the maximum height allowed for the structure struet re's -maxi+ urr� height -ply 1 s t) in sly tl�e WECS is rno�+ntecl ors 3 ) Certification of compliance by a state professional engineer is required. • . _ - - , _ A �}gu+ld+a�- I '-��� �, br -�d +ng -peg + +red- f�tla- e- E- o�st�uc -tile of a -WECS. 9 -13 -6: ROOF MOUNTED RESIDENTIAL WECS: A. LOCATION: A WECS sited on top of a building shall be allowed as a conditional use GR n- panels of la ef the G4y— eT`"`dGve4s- C-� i n s;« and-- accordance with the permit and regulations established in this chapter. B. DESIGN REQUIREMENTS: 1) The WECS must be less than ten (10) kilowatts generating capacity. 2-The WECS shall not extend higher than fifteen feet (15') above the maximum height allowed for the structure struet re's -maxi+ urr� height -ply 1 s t) in sly tl�e WECS is rno�+ntecl ors 3 ) Certification of compliance by a state professional engineer is required. • . _ - - , _ FR Pnt tn the sta;andarrl m enaRGe that does net expand the aFG aFea Ar the height of the- inti -re of the appFeVed AAAEJ4;ARA se permit. C. INSURANCE REQUIREMENTS: The applicant shall deposit with the City Clerk a policy of liability insurance indemnifying the applicant from liability for per sonal in or property damage in the sum of at least $300 ,000. The policy shal contain a clause obligating the company issuing the same t give at least thirty (30) days written notice to the City before cancellatio thereof. The cond itional use and building permits are automatically revoked up the lapse or termination of said policy. 2 }Bu�lc- fir- �g - °�F- mgt: --A -- build +ng- pern= �Ft- sh�It- Eye -regt� +red - fir-- tl�e- co+�str- �+stion of -a — WEES- 9 -13 -7: EXCEPTIONS: Exceptions to the requirements of this chapter shall include windmills used for agricultural purposes sue; asp; pu rnpiRg water height. Said such exceptions shall be allowed provided that they meet the following: 1) Windmill is not detrimental to the public health, safety and welfare of the neighboring property owners and occupants. 2) Windmill does constitute a Public Nuisance as outlined in Title 4: Public Health and Safety, of the City Code. �1 Aw V) W A H O a N iw �a �z U ~ H A U W E� H �I ti .N N � ° 0 o U � a UJCXU L y P.w �n CL o .� . (j Pam' U 0 a UxXu C4 Gq s . bA Pl a o . ¢ � . Sn. 0 z��z� 9 o U N G4 Pa P1 U � 0 3 � cA �w��x• az a p Q w www P U ro P. P, P. ��d p rl aa�aa�Q N M 7 N ti f. N N r UXX N a. N N O •� N 4J � N uXX 9 i..iU a UJCXU U P.w U a UxXu r a uxxu U U a P U >C >C P, P. UXX � N uXX U U N U >C JC U U C( U x x U U a p, U X x U U M a+ P.P.0 uXX U U N P4 P,P.0 UxX U U P. U Ux UU U U U U N U "p y O U D o ° U ++ a v1 C °' U o cd CL R3 U O U cUC >1 v b0 Qi T N CIS p W Q > n U O o o w L bA Cd bA ti U o . • o U co 0 Y U i ti ° cd 44 0 O � O bA O bA uo 'p cd C i w c t w N N a+ O U y v v O j k Q M O q 4 U y p 7 cd _ cd U O cd m . o ' W ; dd a¢¢¢¢ P]P]W U —Cl - X o e e e Q X = e z P, = e e x o u x u o x = u x e o k e o x e u x u o x e u x = o x u o k e ° / c @ ƒ. / Er- \ / \ ƒ d 4, \° / / 2 t- ƒ ®3 R jjd \ \\ \0 33e 3 = / G e` d { bi f \ ƒ ƒ / \ \ C \ \ \ CL \ —Cl - Adopted by the City Council of the City of Andover on this 17 day of August, 2010. ATTEST: Michelle Hartner, Deputy City Cleric CITY OF ANDOVER Michael R. Gamache, Mayor _ to • CLEAN Coy_ Chapter 13 Wind Energy Conversion Systems SECTION 9 -13 -1: Purpose and Intent 9 -13 -2: Definitions 9 -13 -3: General Standards 9 -13 -4: Residential WECS 9 -13 -5: Commercial WECS 9 -13 -6: Roof Mounted WECS 9 -13 -7: Exceptions to the Requirements of this Chapter 9 -13 -1: PURPOSE AND INTENT: The purpose of this chapter is to promote the safe, effective and efficient use of alternative energy sources and systems as the technology becomes available. The purpose of this chapter is also to establish predictable and balanced regulations for the establishment of commercial, residential, and roof mounted WECS. 9 -13 -2: DEFINITIONS: The following words and terms shall have following meanings when used in this chapter: WIND ENERGY CONVERSION SYSTEM (WECS): COMMERCIAL WECS: RESIDENTIAL WECS: ROOF MOUNTED WECS: WECS HEIGHT: Any device which converts wind energy to a form of usable electrical energy. Windmills used for agricultural pumping water and decorative windmills less than thirty five (35) feet in height shall be excluded from this definition. Means a WECS of forty (40) kilowatts or more in total name plate generating capacity. Means a WECS of less than forty (40) kilowatts in total name plate generating capacity. Means a WECS mounted on top of a building, as set forth in Section 9 -9 -3. The height of the tower /pole plus the rotor radius. 9 -13 -3: GENERAL STANDARDS: The following general standards are requirements of the three types of Wind Energy Conversions Systems (WECS):. 1) No more than one Wind Energy Conversion System (WECS) shall be permitted per lot. 2) Conditional use and building permits are required for all WECS. 3) SETBACKS: WECS shall be set back a minimum of 1.5 times the height of the WECS from:: a) the nearest habitable structure; . b) the nearest public right -of -way; . c) the nearest property line; and d) recreational fields. In addition, no portion of the WECS, including the full arc area created by any blades, shall extend over any aboveground power line or drainage and utility easement. 4) The WECS shall be equipped with both a manual and an automatic braking device capable of stopping operation in high winds. 5) No WECS shall have affixed or attached lights, reflectors, flashers or other illumination, except as may be required by the Federal Aviation Administration. 6) The WECS shall not cause electrical, radio frequency, television, or other communication signal interference. 7) All obsolete and unused towers and equipment shall be removed within twelve (12) months of cessation of operation, unless the City Council grants an exemption or an extension. 8) No "wind farms" are allowed. 9) Noise. All WECS shall comply with all local, state and federal standards for noise. 10)AII WECS shall comply with all applicable local, state and federal regulations and standards. 11)No WECS shall be located in front yards of lots consisting of 2.5 acres or less. 12)No existing WECS shall be physically altered unless it is being removed from the property or through standard maintenance that does not expand the arc area or the height of the structure. 13)Violation; Revocation of Permit: Violation of any provision of this chapter is grounds for revocation of a conditional use permit for a WECS and /or removal of a WECS. 9 -13 -4: RESIDENTIAL WECS: • 12- A. LOCATION: Residential WECS shall be allowed as a conditional use on parcels of land meeting the setback requirements listed in Section 9 -13 -3 and in accordance with the permit and regulations established in this chapter. B. DESIGN REQUIREMENTS: 1) Blade arcs shall have a minimum of thirty (30) feet of clearance over any accessory structure or tree within the full arc area. 2) The WECS, including the blades, shall be grounded and shielded. 3) The WECS shall not include a tower - climbing apparatus within twelve (12) feet of the ground. 4) The WECS shall display a sign at the base of the tower, containing the following information: a) A warning of high voltage, b) An emergency telephone number, c) The emergency shutdown procedures, d) Additional information which may be required on the basis of individual applications as safety needs dictate or as identified in the conditional use permit. C. INSRUANCE REQUIREMENTS: The applicant for the conditional use permit shall deposit with the City Clerk a policy of liability insurance for personal injury or property damage in the sum of at least $300,000. The policy shall contain a clause obligating the company issuing to give at least thirty (30) days written notice to the City before cancellation thereof. The conditional use and building permits are automatically revoked upon the lapse or termination of said policy. 9 -13 -5: COMMERCIAL WECS: A. LOCATION: Commercial WECS shall be allowed as a conditional use on parcels of land with a minimum of at least five (5) acres in size and in accordance with the permit and regulations established in this chapter. B. DESIGN REQUIREMENTS: 1) Blade arcs created by the WECS shall have a minimum of thirty (30) feet of clearance over any accessory structure or tree within the full arc area created by blades used in the system. 2) The WECS, including the blades, shall be grounded and shielded in conformance with the National Electrical Code. 3) The WECS shall not include a tower - climbing apparatus within twelve (12) feet of the ground. 4) The WECS shall display a sign posted at the base of the tower containing the following information: -13• a) A warning of high voltage, b) An emergency telephone number, c) The emergency shutdown procedures, d) Additional signs may be required as safety needs dictate or as identified in the conditional use permit. C. INSURANCE REQUIREMENTS: The applicant for the conditional use permit shall deposit with the City Clerk a policy of liability insurance indemnifying the applicant from liability for personal injury or property damage in the sum of at least $500,000. The policy shall contain a clause obligating the company issuing the same to give at least thirty (30) days written notice to the City before cancellation thereof. The conditional use and building permits are automatically revoked upon the lapse or termination of said policy. 9 -13 -6: ROOF MOUNTED RESIDENTIAL WECS: A. LOCATION: A WECS sited on top of a building shall be allowed as a conditional use in accordance with the permit and regulations established in this chapter. B. DESIGN REQUIREMENTS: 1) The WECS must be less than ten (10) kilowatts generating capacity. The WECS shall not extend higher than fifteen feet (15') above the maximum height allowed for the structure 2) Certification of compliance by a state professional engineer is required. C. INSURANCE REQUIREMENTS: The applicant shall deposit with the City Clerk a policy of liability insurance indemnifying the applicant from liability for personal injury or property damage in the sum of at least $300,000. The policy shall contain a clause obligating the company issuing the same to give at least thirty (30) days written notice to the City before cancellation thereof. The conditional use and building permits are automatically revoked upon the lapse or termination of said policy. 9 -13 -7: EXCEPTIONS: Exceptions to the requirements of this chapter shall include windmills used for agricultural purposes. Said such exception shall be allowed provided that they meet the following: 1) Windmill is not detrimental to the public health, safety and welfare of the neighboring property owners and occupants. 2) Windmill does constitute a Public Nuisance as outlined in Title 4: Public Health and Safety, of the City Code. .1L}' W r�7 W F N MM y Y�1 O �z it Q �a � Z �O U� A O U W F �1 a N N a c N W y U b U V -,U a � s o G . as O �• y 0.1 '7 s U u G U X X G 'y U i G D G C a G a U X X z V) U NaFQOa U � 0.1 � 3 .+/ ♦N W V) i.. MI's a U>CXU U c" n. bq C C G G C c G ti aaaaa�ca N M 7ti% � N G o C a) a a a o a�i N C`J a rD O Ux>C C O 0 G z ti y N a cz N a. 0 . O 24 A C � U OW is OV -,U a UX?CU U as 0.1 s U u a U X X U U a a a U X X V U U z a U>CXU U o U Xx a a a N C`J a Ux>C U A U X x U U c uXX U U C4 u xx U U CG a V x X U U M a a a U U X X U U N a a a U u x x U I U a a U U X k U U V U N N cu U c o G CL U L w ^ T O a) a T > G 4 ti C O O i. cC U Q •� O O O co Cd O ed y by ._ z by CL C N f '� U O ..O sue. O - tt O V U C> O ^ ° 0 .E w m o CL O s C U O C > V d G _. N o C E u " cz 3 o _n oQj L • U N E (D E N N U U ai o U i° r- M D o E ° N `= N r 5 G N U > U N C O (C N w a) L G � L F- U a c <a N o. s= U Y O O i i ro a N o Y � •L ., E .T F LO Y O O 3 3 3 E N •B bio bc O C 7 7 7 cC 7 7 cd cd G N Ao QQQQQ n =QQ W W VUUUU' on 1140 X U U a a s U X a U a a a a U X U U X U U X a U X U U X U U X U U X U U X U U X U U X U U X U w o c L w N c c L 3 co U c c w N O N � N 1 L Y Y N U > L O O N C aL+ U U .2 y C O CO O T bD U N a L s N N N 0) Y H > > > >> 3 3 3 U a on 1140 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 390 THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: CITY CODE TITLE 9: BUILDING REGULATIONS CHAPTER 13: WIND ENERGY CONVERSION SYSTEMS CITY CODE TITLE 12: ZONING REGULATIONS CHAPTER 3: ZONING DISTRICTS AND MAP CHAPTER 12: PERMITTED, CONDITIONAL AND PROHIBITED USES ENUMERATED (Strikeouts are language to be removed and underlining represents new language to be added) TITLE 9 Chapter 13 Wind Energy Conversion Systems SECTION 9 -13 -1: Purpose and Intent 9 -13 -2: Definitions 9 -13 -3: General Standards 9 -13 -4: Residential WECS 9 -13 -5: Commercial WECS 9 -13 -6: Roof Mounted WECS 9 -13 -7: Exceptions to the Requirements of this Chapter 9-13-1: PURPOSE AND INTENT: The purpose of this chapter is to promote the safe effective and efficient use of alternative energy sources and systems as the technology becomes available The purpose of this ch apter is also to establish predictable and balanced regulations for the establishment of commercial residential and roof mounted WECS in the locations and circumstances under which the use may be established without detriment to the public health, s afety and welfare of the neighboring property owners and occupants. 9-13-'2: DEFINITIONS• The following words and terms shall have f ollowing meanings when used in this chapter: WIND ENERGY CONVERSION SYSTEM (WECS): Anv device such as a wind charger, or wind turbine, which converts wind energy to a form of usable energy. Windmills used for agricultural purposes such as for pumping water or feeding I'I livestock and decorative windmills that are less than thirty five (35) feet in heiahf shall be excluded from this definition. COMMERCIAL WECS: Means a WECS of forty (40) kilowatts or more in total name plate gener capacity. RESIDENTIAL WECS: ROOF MOUNTED WECS: WECS HEIGHT: Means a WECS of less than forty ( 40) kilowatts in total name plate generating capacity. Means a WECS mounted on top of a building as set forth in Section 9 -9 -3. The height of the tower /pole plus the rotor radius. 9 -13 -3: GENERAL STANDARDS: The following general standards are requirements of the three types of Wind Eneray Convers Systems (WECS Residential WECS Commercial WECS and Roof Mounted W ECS that are regulated within the City of Andov 1) No more tha one Wind Energy Conversion System (WECS) shall be permitted per lot. 2) WECS PROHIBITED: a) WECS shall be prohibited within the CitV of Andover on any parcel locat within the Scenic River Way or on any land w_ ithin the Waste Disposal Engineering (WDE) Landfill site. b) R oof mounted WECS shall be prohibited on any p arcel located within the City of Andover's Municipal Urban Service Area (MUSA). 3) SETBACKS: The setbacks shall be at least the following distances: a) From the nearest dwelling, school business or other habitable stru cture . 300 feet or 1.5 times the height of the W ECS, whichever is greater. b) From the nearest public right -of -way: 300 feet or 1.5 times the height of the WECS whichever is great c) From t he nearest property line: 300 feet or 1.5 Times the he ight of the W ECS whichever is greater. In no instance shall an p ortion of the W ECS extend over any property line including the full arc area created bV any blades used in the sy stem. d) From r ecreational fields 300 feet or 1.5 times t he height of t he WEC whichever is greater However, in no instan shall any p ortio n of the WECS extend over any blades use m the system. .� `v op e) power line or drainage and utility easement. 4) The WECS shall be eguipped with both a manual and an automatic braking device capable of stopping the WECS oper in high winds. 5) No WECS shall have affixed or attached lights, reflectors flashers or an other ill umination except for those devices requ by the Federal Aviation Administration. 6) The WE CS shali be filtered shielded or otherwis be de signed and constr so as not to cause electrical radio freq uency, t elevision, and other communication signal interference. 7) All obsolete and unused towers and equipment shall be removed within twelve (12) months of cessation of operation of the site unl the City Counci grants an exemption or an extension by amendin th conditional use permit. 8) WECS i nstalled in accordance with the requirements of this c hapter shall not generate power as a commercial enterprise, as defined bV t State of Minnesota Public Utilities Commission. Power can be sold back to the distribution grid but no "wind farms" are allowed. 9) Noise. All WECS shall comply with the Minnesota Pollution Control Agency MPCa standards for noise and those standards set forth in Title 5, Chapter 6 of the City of Andover's City Code. 10)AII W ECS shall comply with all applicable state and federal r egulations. standard including the uniform building code as adopt by th state of Min nesota; national electrical code as adopted by the st of Minnesota. F eder al Aviation Administration (FAA) requirement and Minnesota Pollution C ontrol Agency (MPCA) /Environmental Protect Agency (EPA) regul ations (hazardous waste construction stor mwater. etc.) 11)Violation Revocation of Permit: Violation of any provision of this ch apter is ro unds for revocation of a conditional use permit f a WECS and /or removal of a WECS. 9 -13 -4: RESIDENTIAL WECS: A. LOCATION: Residential WECS shall be allowed as a conditional use on p arcels of land meeting the setback re uirements listed in Section 9 -13 -3 and in accorda with the permit and regulations establishe in this chapter. B. DESIGN REQUIREMENTS: Ia 1) Blade arcs created by the WECS shall have a minimum of thirty (30) feet of clearance over any accesso structure or tree within the full arc area created by any blades used in the system. 2) The WECS including the blades shall be grounded an _s hielded to p rotect against natural lightning strikes in conformance with the Natio Electrical Code. 3) The WE CS shall not include a tower - climbing apparatus wit twelve (12) feet of the ground. 4) The WECS shall dispIgy display a sin posted at the base of the tower, not to excee two (2) square feet in area The sign shall contain the following information: a) A warning of high voltage, b) The manufacture's name, c) An emergency telephone number. d) The emergency shutdown procedures, e) Additional signs may be required on the basis of individual applications as safety needs dictate or as identified in the conditional use permit. C P ERMIT REQUIREMENTS: A conditional use permit an a building p ermit shall b e required prior to the erection of each WECS An app roved co nditional use perm shall be required prior to obtaining a building permit. No existing WE CS shall be physically altered without requiring a a mendment to the conditional use permit unless it is being removed from the property or through standar maintenance that does not expand the are area or t he height of the structure of the approved conditional use permit. 1) Condi tional Use Permit A conditional use permit shall be required for each WECS in all zoning districts unless otherwise noted. Such condition with the City Clerk a policy of liability insurance indemnifying the applicant ..F ..+ 1..., .+ vvv v ..... .. obliga the company issuing the same to give at least thirty ( 30) days written notice to the City before cancellation thereof, the conditional use and building permits to be automatically revoked upon the lapse or termination of said policy. 2) Building Permit A building permit shall be required for the c of a WECS. 9 -13 -5: COMMERCIAL WECS: U ov A. LOCATION: Commercial WECS shall be allowed as a conditional use on _ _l_ of land with a minimu o f at least five (5) acres in siz and in accordance p ar cels t h the permit and regulations established in this chapter. B. DESIGN REQUIREMENTS: 1) B lade arcs created by the WECS shall have a minimum of thirty (30) feet of clearance over any accessory structure or tree within the full arc area created by any blades used in the system. 2) Th WECS including the blades shall be grounded and shielded to p rotect against natural lightning strikes in conformance with the National Electrical Code. 3) T he WECS shall not include a tower - climbing apparatus wthin twelve (12) feet of the ground. 4) The WECS shall display a sin posted at the base of the tower, not to e xceed two (2) square feet in area The sign shall cont the following information: a) A warning of high voltage, b) The manufacture's name,. c) An emergency telephone number, d) The emergency shutdown procedures, e) Additional signs may be required on the basis of individual applications as safety needs dictate or as id entified in the conditional use pen C PE RMIT REQUIREMENTS: A conditional use permit and a building ep rmit shall be required prior to the erection of each WECS. An app roved conditional use permi shall be required prior to obtaining a building permit. No existing WE CS shall be physically altered without requiring an amendment to the condition use permit unless it is being removed from the p roperty or through standard maintenance that does not expand the are area or t he height o f the structure of the approved conditional use permit. 1) Condi tional Use Permit: A conditional use permit shall be required for each WECS in all zoning districts unless otherwise noted. Such conditi shall at a minimum: a) meet the permit and regulations established in this ch apt e r and; b) the applicant for the conditional use pe rmit shall d eposit with the Ci Clerk a policy of liability insurance indemnifying the applicant from liability for personal iniury or property damage in the sum of at least $500,000. The policy of insurance so deposited shall contain a clause obligat the company issuing the same to give at least thirty (30) days written notice to the City before cancellation thereof, the conditional use and b uilding permits to be automatically revoked up the lapse or termination of said policy. - Zl - 2) Building Permit: A building permit shall be required for the construction of a WECS. 9 -13 -6: ROOF MOUNTED WECS: condi use only on parcels of land outside of the C of Hnaovers muni i ul Urban Service Area (MUSA) with a minimum of at least tw and a half (2.5) acres in size and in accordance with the permit and regulations esta blished in this chapter. B. DE SIGN REQUIREMENTS: 1) The WEC must be less than ten (10) kilowatts generating capacity. 2) Th WEC shall not extend higher than fifteen fe (15') above the maximum height allowed for the structure (ie pri ncipal accessorV st ructur e's maximum height plus 15 feet) in which the WECS is mounted on. 3) Each WECS shall comply with applicable provisions of the Minnesota State Building Code. 4) Certifica of compliance by a state professional eng ineer is re quired. C. PERMIT REQUIREMENTS: A conditional use permit and a building Permit sha be required prior to the erection of each WECS. An approved conditional use permit shall be required prior to obtaining a building permit._ No existing WEC shall be physically altered without requiring an amen to. the conditional u se permit unless it is being removed from the property or through standard maintenance that does not expand the arc area or the height of the structure of the approved conditional use p ermit. 1) Cond itional Use Permit A conditional use permit s hall be _ required for each WECS in all zoning distracts unless otherwise noted. Such conditions shall at a minimum: a meet the permit and re ulations established in this ch apter an b) the applicant for the conditional use p ermit shall de posit with the C it y Clerk a policy of liability insurance indem th applicant from l iability for personal iniury or property damage in the sum of at least $ 300,000. The policy of insurance so deposited shall contain a clause obligating th company issuing the same to give at l east thirty (30) days written notice to the CitV before cancellation thereof, the conditional use a nd bu ilding permits to be automatically revoked upon th lapse or termination of said policy. 2) Bui lding Permit A building permit shall be required fo the construction of a WECS. 9-13-7 EXCEPTIONS Exceptions to the requirem of this chapter shall include windmills used for agricultural purposes such as for pumpi water or feeding livestock and decorative windmills that are less than thirty fi 35 feet in ZZ • height Said such exceptions shall be allowed provided that they mee the following: 1) Win dmill is not detrimental to the public health safety and w elfare o f the neighboring property owners and occupants. 2) Windmill does constitute a Public Nuisance as outlined in Title 4: Public Health and Safety, of the City Code. TITLE 12 CHAPTER 3 12 -3 -5: MINIMUM DISTRICT REQUIREMENTS: B. Maximum Height: 1. Principal Structure Height: A Conditional Use Permit may be granted to allow principal buildings to exceed the height limits imposed by provisions of this title provided it is determined that: a. Adequate fire protection and other safety features are provided. b. The height and bulk of the building will not destroy a scenic or appropriate view, will not shut off light and air from surrounding properties, or otherwise be detrimental to the public. c. In no event, however, shall any building occupy more than the permitted percentage of lot area as provided in this title. (Amended Ord. 314, 10 -4 -05) 2. Exemptions From Height Limits: Height limitations shall not apply to the following: a. Barns, silos and other agricultural structures for rural agricultural uses, b. Church spires, steeples, belfries, cupolas and domes c. Chimneys, flagpoles d. Public utility facilities e. Transmission towers and antennae subject to City Code 9 -12 f. Parapet walls extending not more than four feet (4') above the height of the building. (Amended Ord. 314 10 -4 -2005) 602030 q. Wind Enercly Conversion Systems MECS) subject to City Code Title 9 Chapter # 13. (see chart on following pages) - 24 or r� A F a N �z O A a -, a uX U P- Pa C�7U w uXXr-) U aiw p U >C>C U U U w p�., c) U v eq b N kn C4 a U �C PG U U M a 13 U >C >C U U N Ri aiaU U?C>C U U Y � U .p a o � r w L o Y a M O A 0 0 4: 0 ro r. c Cl, Y . yet 74 O O w 0 U -0 o Cf to ' O 0 0 0 V y •tl '� C q . �; ,0 'O O V O O H O ti ° ` 44 y O 3 u cn � "d U O d p' V ?-' p o y iyr Y b ..+ H p N O O y W N� w0 r0 �.? w o � y oo c a o o o o Pa Y a zi 48 4) m o o d v Qj N E-1 b 9 .b 'Y N -0 O O m c d N + v v a yy�6�W WG4000UC _2wUdip k oo G P�mG x Go /mom =Q k U U x o Q k. m a k Q uk J uR » = k a o k U ox a o k 9 o * » % 4 } \� \ / \ > . q \ / f ƒ\ƒ a \ � °&2 /f$ 0 f) C7 ® ;- # ])I bf §) \ z33 w 2NA `0© \k% 0 0\ § \ \\ )» bf \ } \ 4 4 g ] \ \ \ f * A > > _2wUdip Adopted by the City Council of the City of Andover on this 16 day of March, 2010. ATTEST: CITY OF ANDOVER Mi helle Hartner, Deputy City Clerk *NEShaelR. Gamache, Mayor '21- TO: Mayor and Councihnembers CC: Jim Dickinson, City Administrator FROM: Erick Sutherland, Recreational Facilities Director SUBJECT: Amend Fee Ordinance No. 377 DATE: August 17, 2010 (763) 755 -5100 INTRODUCTION The Andover Community Center is proposing the following rate changes as recommended by the Community Center Advisory Commission. Ice Current Proposed Effective Prime Weekdays $175.00 $180.00 9/1/10 Prime Weekends $175.00 $180.00 9/1/10 Fieldhouse Current Proposed Effective Prime Weekdays $43.00 $45.00 9/1/10 Prime Weekends $43.00 1 $45.00 9/1/10 Meeting Rooms Current Proposed Effective 1/2 Room $20.00 $25.00 9/1/10 Full Room $30.00 $50.00 9/1/10 Skate Sharpening Current Proposed Effective $3.00 $4.00 9/1/10 A survey was done of nearby facilities to determine these proposed changes. BUDGET IMPACT The additional revenue will help off -set the operational costs of the Andover Community Center. ACTION REQUESTED The City Council is requested to amend the fee ordinance with the changes mentioned above. Respectively Submitted, Erick Sut erland Recreational Facilities Manager Attachment: Ordinance 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORD. NO. AN ORDINACE AMENDING THE CITY CODE TITLE 1 -7 -3 ESTABLISHING PERMIT FEES, SERVICE CHARGES, AND VARIOUS OTHER FEES TO BE COLLCTED BYTHE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: City code 1 -7 -3 is hereby amended as follows: Community Center Iee Prime Weekdays $180.00 Prime Weekends $180.00 Fieldhouse Prime Weekdays $45.00 Prime Weekends $45.00 Meetine Rooms 1/2 Room $25.00 Full Room $50.00 Skate Sharoenine $4.00 Adopted by the City Council of the City of Andover on this 17` day of August, 2010. Attest: CITY OF ANDOVER Michelle Hartner- Deputy City Clerk Michael R. Gamache -Mayor 9 C I T Y 0 F * ID 0 V E A 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: FROM: SUBJECT: DATE: Mayor and Councilmembers Jim Dickinson, City Administrator Approve 2011 Anoka County Sheriff Contract August 17, 2010 INTRODUCTION Each year the City Council approves the subsequent years (2011) law enforcement contract with the Anoka County Sheriff's Office as part of the annual budget process. The 2011 contract is attached for the City Council approval. DISCUSSION The 2011 City of Andover Law Enforcement expenditure budget is $2,615,407 which is offset by a Police State Aid revenue budget of $112,860 and School Liaison revenue budget of $83,988 reflecting a net tax levy impact of $2,418,559. The Anoka County Sheriff's contract provides for 80 hours per day of patrol service, 12 hours per day of service provided by a Community Service Officer, a School Liaison Officer in the middle school and high school, a full -time patrol investigator, and 50% of the costs associated with the Crime Watch Program's coordinator position. BUDGET IMPACT The contract total of $2,615,407 is contained in the City of Andover 2011 Budget. ACTION REQUESTED The Andover City Council is requested to approve the attached 2011 Anoka County Sheriff's Contract. Attachment — Sheriff's Contract Office of the Sheriff Anoka County Sheriff Bruce Andersohn 13301 Hanson Boulevard NW, Andover, MN 55304- 4009(763)323 -5000 Fax (763)422 -7503 July 28, 2010 The Honorable Mike Gamache and Council Members of the City of Andover 1685 Crosstown Boulevard NW Andover, MN 55304 Dear Mayor Gamache and Council Members: Attached for your review are three original copies of the 2011 Law Enforcement Contract between the City of Andover and the Anoka County Sheriff's Office. After all necessary signatures are obtained from the City of Andover representatives; please forward the contracts to Sergeant Paul Lenzmeier in our administrative division. He will then return a fully executed copy of the contract for your records. If you need any additional information or have any questions, please do not hesitate to contact Sergeant Lenzmeier. As always, we strive to provide your city with the finest law enforcement services possible and look forward to continued service to your community. Sincere , ce B. dersohn Sheriff, Anoka County BBA:pI attachments Affirmative Action / Equal Opportunity Employer Anoka County Contract No. 2010 -0206 LAW ENFORCEMENT CONTRACT THIS CONTRACT is made and entered into this day of 2010, by and between the County of Anoka, a political subdivision of the State of Minnesota, and the Anoka County Sheriff, hereinafter referred to as the "County," and the City of Andover, 1685 Crosstown Boulevard Northwest, Andover, Minnesota 55304, hereinafter referred to as the "Municipality," for the period of January 1, 2011, through December 31, 2011. WITNESSETH: WHEREAS, the Municipality is desirous of entering into a contract with the County, through the Office of the Anoka County Sheriff (hereinafter Sheriff), for the performance of the law enforcement functions hereinafter described within the corporate limits of said Municipality; and WHEREAS, the County is agreeable to rendering such services and law enforcement functions on the terms and conditions hereinafter set forth; and WHEREAS, such contracts are authorized and provided for by Minn. Stat. §§ 471.59 and 436.05. NOW, THEREFORE, pursuant to the terms of the aforesaid statutes, and in consideration of the mutual covenants expressed herein, it is agreed as follows: PURPOSE The County, through its Sheriff, agrees to provide police protection within the corporate limits of the Municipality to the extent and in the manner as hereinafter set forth. II. SERVICES TO BE PROVIDED BY THE COUNTY A. Except as otherwise hereinafter specifically set forth, such services shall encompass the duties and functions of the type normally coming within the jurisdiction of the Sheriff pursuant to Minnesota Law, and, in addition, the Sheriff and his duly assigned deputies shall, within the Municipality's corporate limits, exercise all the police powers and duties of city police officers as provided by Minn. Stat. § 436.05. B. The rendition of services, the standard of performance, the discipline of the deputies, and other matters incident to the performance of such services and the control of personnel so employed, shall remain in and under the sole control of the Sheriff. C. Such services shall include the enforcement of Minnesota State Statutes and the municipal ordinances of the Municipality. D. The County shall furnish and supply all necessary labor, supervision, equipment, and communication facilities for dispatching, jail detention (including the cost of such detention), and daily patrol service as specified in Paragraph II.E. of this Contract, and shall be responsible for the direct payment of any salaries, wages, or other compensation to any County personnel performing services pursuant to this Contract. E. The County agrees to provide law enforcement protection as follows: For the period of January 1, 2011, through December 31, 2011, the Sheriff will provide Eighty (80) hours per day of daily patrol service. Said daily patrol service shall be exercised through the employment of four patrol cars, to be supplied, equipped, and maintained by the County and staffed by Sheriffs deputies. Further, said daily patrol service will provide and fulfill those services and duties ordinarily provided and fulfilled by city police officers as provided by state law and municipal police officers as provided by state law and municipal ordinances. The Sheriff will also provide twelve (12) hours per day of service by a Community Service Officer. In addition, the Sheriff will provide the service of a Community Service Officer for park security, twenty (20) hours per week, April through September. The Sheriff, upon consultation with the Law Enforcement Committee created pursuant to Paragraph VI. herein, shall determine the time of the day during which the patrol service shall be provided. The Sheriff may periodically change the times of patrol service in order to enhance the effectiveness of the coverage. The Sheriff will also provide an additional Patrol Investigator. The Investigator will provide an additional forty (40) hours per week coverage investigating crimes within the City of Andover. The Investigator will be issued a vehicle and be granted take -home privileges, per Anoka County Sheriff's Office Policy, for that vehicle. The Sheriff will also provide 2 full -time Deputy Sheriffs to be assigned as a School Liaison Officer, in the Municipality's schools during the school year. This will include the middle school and the high school. The County also agrees to cover 50% of costs associated with the Crime Watch Program's coordinator position. The Municipality agrees to cover the remaining 50 %. During the non - school months, these officers will continue to be -2- assigned in the Municipality to work in such areas as patrol, selected enforcement efforts, and crime prevention. III. DUTIES OF MUNICIPALITY A. It is agreed that the Sheriff shall have all reasonable and necessary cooperation and assistance from the Municipality, its officers, agents, and employees, so as to facilitate the performance of this Contract. B. This Contract shall not alter the responsibility for prosecution of offenses occurring within the Municipality as is currently provided by law. Likewise, collection and distribution of fine monies shall be controlled in the manner provided by law. IV. COMPENSATION/TERM For law enforcement protection services as specified herein for January 1, 2011, through December 31, 2011, the Municipality agrees to pay to the County the sum of Two Million Six Hundred Fifteen Thousand Four Hundred Seven Dollars and 00 /100s ($2,615,407.00). Said sum is payable in four (4) equal installments due April 4, 2011; July 4, 2011; October 4, 2011; and December 30, 2011. The County agrees that the Municipality will receive a credit against its contract price obligation as a result of anticipated Police State Aide. The amount of the credit will be determined by the amount of money received per sworn officer from the State of Minnesota times the number of sworn officers charged to service the contract. V. RENEWAL This Contract may be renewed for a successive period of one (1) year. Said renewals shall be accomplished in the following manner: A. Not later than one hundred twenty (120) days prior to the expiration of the current Contract, the County, through its Sheriff, shall notify the Municipality of its intention to renew. Said notification shall include notice of any increase in total contract cost. B. Not later than ninety (90) days prior to the expiration of the current Contract, the Municipality shall notify the Sheriff of its intention to renew and its acceptance of increased costs. -3- C. The renewal shall be officially approved by the parties' respective governing bodies prior to expiration of the current Contract. VI. LAW ENFORCEMENT COMMITTEE The County, through its Sheriff or his designee(s), agrees to meet, from time to time, with any duly designated law enforcement committee of the Municipality. The purpose of said meetings shall be to. make suggestions for improvement in the implementation of this Contract or for amendments thereto; provided, however, that no such suggestion or amendment shall be binding upon either party until reduced to writing and duly signed by the parties hereto. The membership of said committee, and the time and place of said meetings, shall be determined by the Municipality with reasonable notice to the Sheriff. VII. DISBURSEMENT OF FUNDS All funds disbursed by the County or the Municipality pursuant to this Contract shall be disbursed by each entity pursuant to the method provided by law. VIII. STRICT ACCOUNTABILITY A strict accounting shall be made of all funds, and reports of all receipts and disbursements shall be made upon request by either party. IX. AFFIRMATIVE ACTION In accordance with Anoka County's Affirmative Action Policy and the County Commissioners' policies against discrimination, no person shall illegally be excluded from full - time employment rights in, be denied the benefits of, or be otherwise subjected to discrimination in the program which is the subject of this Contract on the basis of race, creed, color, sex, sexual orientation, marital status, public assistance status, age, disability, or national origin. X. INDEMNIFICATION The Municipality and the County mutually agree to indemnify and hold harmless each other from any claims, losses, costs, expenses, or damages, injuries or sickness resulting from the acts or omissions of their respective officers, agents, or employees, relating to the activities conducted by either party under this Contract. i!e XI. TERMINATION This Contract may be terminated by either party at any time with or without cause upon not less than one hundred eighty (180) days written notice delivered by mail or in person to the other party. Notices delivered by mail shall be deemed to be received two (2) days after mailing. Such termination shall not be effective with respect to services rendered prior to such notice of termination. XII. NOTICE For purposes of delivering any notices hereunder, notice shall be effective if delivered to the Anoka County Sheriff, 13301 Hanson Boulevard Northwest, Andover, Minnesota 55304, on behalf of the County; and the City Administrator of the City of Andover, 1685 Crosstown Boulevard Northwest, Andover, Minnesota 55304, on behalf of the Municipality. XIII. ENTIRE AGREEMENTIREQUI REM ENT OF A WRITING It is understood and agreed that the entire agreement of the parties is contained herein and that this Contract supersedes all oral and written agreements and negotiations between the parties relating to the subject matter hereof, as well as any previous contract presently in effect between the parties relating to the subject matter thereof. Any alterations, variations, or modifications of the provisions of this Contract shall be valid only when they have been reduced to writing and duly signed by the parties herein. -5- IN WITNESS WHEREOF, the Municipality, by its governing body has caused this Contract to be signed by its Mayor and attested by its Clerk, and the County of Anoka, by resolution of the County Board of Commissioners, has caused this Contract to be signed by the County Sheriff, Chairman of the County Board of Commissioners, and attested by the County Administrator, all on the day and year first above written. COUNTY OF ANOKA CITY OF ANDOVER By: By: Dennis D. Berg., Chair County Board of Commissioners Its: Dated: ATTEST Dated: By: By: Terry L. Johnson County Administrator Its: Dated: Dated: By: BruceLA erso n Sheriff Dated: 7f 3 a to APPROVED AS TO FORM In Dan Klint Assistant County Attorney Dated: W-21 Andover - Cost Summary January 2011 - December 2011 I. PERSONNEL A. Sworn Deputy Sheriff 1.) 16.80 Patrol Deputies 1,071,645 2.) 7 Overtime (Average hours /month per Deputy) 68,781 3.) 2 Liaison Officers 127,577 4.) 1 Patrol Investigator 64,688 B. Non -Sworn C.S.O. 69,204 Non -Sworn C.S.O. - Parks 8,216 C. Crime Watch Coordinator 20 hours /week 23,945 Benefits for Sworn and Non -Sworn Personnel Total Benefits 594,178 TOTAL PERSONNEL COSTS II. VEHICLE A. Police Equipped Vehicles 4 Squads B. C.S.O. Vehicle 1 Vehicle C.S.O. Vehicle - Parks 1 Vehicle 1I2 Year C. Liaison Vehicle 2 Vehicle D. Crime Watch Coordinator Vehicle - 1/2 E. Patrol Investigator Vehicle F. Total Maintenance Costs for all vehicles 1.) Vehicle 2.) Emergency & Communications Equipment 3.) Emergency Vehicle Equip. repic fee 4.) Insurance 5.) Cellular Telephone Total Maintenance Costs TOTAL VEHICLE COSTS Ill. Administrative Costs & Crime Watch Program Costs Administrative, Clerical, Etc. IV. TOTAL COST TO CONTRACTING MUNICIPALITY 'Less Amount Received From State for Police State Aid NET COST TO CONTRACTING MUNICIPALITY $2.028,235 102,000 7,200.00 3,600.00 14,400.00 2,650.00 7,200.00 197,800 15,832 2,500 22,950 4,620 243,702 $380,752 $206,420 $2,615,407 112,860 $2,502,547 "This figure is determined by the State and is subject to fluctuation. The latest estimate is $5,700 per Deputy. Revenue received is for previous year Deputy hours hired prior to July 1 Detail Attached Andover Eighty Hour Coverage 365 DAYSNEAR January 2011 - December 2011 Twelve Hours C.S.O. 365 DAYS/YEAR Park CSO Twenty Hours/Week - April Through September I. PERSONNEL A. Sworn Deputy Sheriff 1.) 16.80 Deputies at $5,316 /month $1,071,645 2.) 7 Overtime (Average hours /month per Deputy) 68,781 3.) 2 Liaison Officer 127,577 4.) 1 Patrol Investigator 64,688 B. Non -Sworn C.S.O. 69,204 Non -Sworn C.S.O. - Parks 8,216 C. Benefits for Sworn and Non -Sworn Personnel P.E.R.A. (Sworn) 191,908 P.E.R.A. (Non- Sworn) 5,613 FICA 5,923 Medicare 19,324 Severance Allowance 34,126 Unemployment Compensation 2,115 Life Insurance 832 Health Insurance 269,775 Dental Insurance 7.920 Long Term Disability Insurance 2,932 Worker's Compensation 21,293 Uniforms 21,082 Total Benefits 582,841 TOTAL PERSONNEL COSTS $1,992,953 II. VEHICLE A. Police Equipped Vehicles 4 Squads 102,000 B. C.S.O. Vehicle 1 Vehicle 7,200.00 C.S.O. Vehicle - Parks 1 Vehicle 1/2 Year 3,600.00 C. Liaison Vehicle 2 Vehicle 14,400.00 D. Investigator Vehicle 1 Vehicle 7,200.00 D. Maintenance Costs 1.) Vehicle 195,400 2.) Emergency & Communications Equipment & replc.fee 15,832 3.) Emergency Vehicle Equipment replc. Fee 2,500 4.) Insurance 21,600 5.) Cellular Telephone 4,440 Total Maintenance Costs 239,772 TOTAL VEHICLE COSTS $374,172 III. Administrative Costs Administrative, Clerical, Etc. $199,295 IV. TOTAL COST TO CONTRACTING MUNICIPALITY $2,566,420 'Less Amount Received From State for Police State Aid 112,860 NET COST TO CONTRACTING MUNICIPALITY $2,453,560 `This figure is determined by the State and is subject to Fluctuation. The latest estimate is $5.700 per Deputy. Revenue received is for previous year Deputy hours fired prior to August 1 Andover Crime Watch Coordinator January 2011 - December 2011 Average 20 Hours /Per Week 260 DAYS(YEAR L PERSONNEL A. Civilian 1.) 1 Crime Watch Coordinator 47,890 B. Benefits for Non -Sworn Personnel P.E.R.A. (Non- Sworn) 3,472 FICA 3,664 Severance Allowance 1,293 Unemployment Compensation 72 Life Insurance 40 Health Insurance 13,625 Dental Insurance 400 Long Term Disability Insurance 105 Worker's Compensation 15 Uniforms 0 Total Benefits 22,686 TOTAL PERSONNEL COSTS $70,576 II. VEHICLE A. Crime Watch Coordinator B. Maintenance Costs 1.) Vehicle 2.) Cell Phone 3.) Insurance Total Maintenance Costs TOTAL VEHICLE COSTS III. Administrative Costs Administrative, Office Space, Office Supplies, Etc. IV. Program Costs V. TOTAL COST OF CRIME WATCH PROGRAM VI. CRIME WATCH PROGRAM City Of Andover 50 % NET COST TO CONTRACTING MUNICIPALITY 1 Vehicle leased annually 4,800 360 2,700 5,300 7,860 $13,160 $7,239 $7,000 $97,975 $48,987 $48,987 Analysis Of Patrol Staffing Requirements Andover 1. Communitv Generated_ Workload • Calls For Service 11,089.00 • Handling time /CFS in hrs. ( @34:18 Actual) 0.57 • Total CFS handling time in hrs. 6,317.03 • Officer back -up rate ( @1.4 — Est.) 0.40 • Officer back -up time (back -up @75% of first unit time on scene) in hours. 1,895.11 • Number of bookings (Est.) 234.00 • Booking time (Est. @ 0.75 hrs /booking) in hours 175.50 • Number of reports 11,089.00 • Report writing time (est. @ 30 minutes min. avg) in hours 5544.5 Total Time Required To Handle Community Generated Workloads (Hrs.) 13,932.14 2. Time for Preventative Patrol and Self Initiated Activities ((a? Alternative Levels of Proactivitv), in Hours. • 50% of Available Time 13,932.14 • 40% of Available Time 9,288.10 3. Total Time Required To Handle Both Reactive and Proactive Activities (in Hrs.) @ 50% of Available Time 27,864.29 • @ 40% of Available Time 23,220.24 4. Officer Availability Est Availability • Net shifts worked 2,080 • Net hours lost on shift 362 Net hours worked each year 1,718 5 Deputies Required to Handle Workloads - @ 50% of Proactive Time 16.22 • @ 40% of Proactive Time 13.52 6. Deputies Required Given Est. Turnover and Time Needed to Academy and Field Train • @ 50% of Proactive Time 16.77 • @ 40% of Proactive Time 13.97 Based on 2009 Calls for Service 1. C I T Y O F ND OVE 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: August 17, 2010 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 IMPACT 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. submitted, Contract 2010 -2011 Contract for School Liaison and Prevention Program Officer Services Between the Anoka — Hennepin School District No. 11. and the City of Andover This contract by and between the City of Andover (hereafter referred to as "City") and Anoka — Hennepin Independent School District No. 11 (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: Promote crime prevention within District schools. Provide drug abuse education. Coordinate activities between the District, the criminal justice system, and social services. 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. TERM OF CONTRACT. The term of this contract shall be from July 1, 2010 to June 30, 2011, District's fiscal year, renewable each year unless terminated by either party as defined in paragraph 10. 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 indicating services provided at the secondary level, Prevention Program schedules and the name of the officer(s) providing the service. 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. 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. TERMINATION. Either party may terminate this agreement upon 30 days written notice of such termination. All payment due hereunder shall be prorated in the 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 of this contract, District shall pay City the sum $83.988.00 Request for payment should be submitted by June 1, 2011 of the fiscal year. 11. 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 Signed By Title Date Anoka — Hennepin School District No. 11 Signed By .1 , '& �j u� e Director of Stude t Services 4 AN OKA 9n1n -9011 HENNEP SCHOOLS CALENDAR Afumm without limit 2010 -2011 Calendar Key Dates - Teacher Duty Days July 2 ............. Spring Holiday -12 month employees, School District closed July 5 ........................... School District closed Aug 24 - 26 ............... . ... New Teacher Orientation Aug 30 - Sept 3 ...... . ............ Preschool Workshop September 6 ............ Labor Day, School District closed September 7 .. . ......................... School opens Oct 4 ............ 1 -5 Staff Development, no 1 -5 Students October 20....... Staff Development, no Gr 1 -12 students Oct 21 - 22 ............. Teachers' Convention, no school November 24 ..... Gr 1.12 P/T conference conversion day, 6 7 8 no Gr 1 -12 students Nov 25 - 26 ..... Thanksgiving break, School District closed Dec 3 ........ . ..... . . End of Trimester I, Gr 1 -5: 57 days; 89 Gr 6 -12: 58 days Dec 6 ..... , ... Gr 1 -12 Staff Planning; no Gr 1 -12 students Dec 23 - Dec 31 ................ Winter break, no school Dec 23 & 24 ...................... School District dosed Dec 31 .......................... School District closed January 3 ............................ School resumes January 17........ Martin Luther King's Birthday, no school January 18 ....... Staff Development, no Gr 1 -12 students February 21 ........ President's Day, School District closed March 10. , ... , ...... End of Trimester il, GR 1 -12: 58 days March 11 ............. Staff Planning, no Gr 1 -12 students March 14 -18 .................. Spring break, no school March 18 .... , ..... Spring Holiday -10 month employees March 21 ............................. School resumes April 22 .......................... School District closed May 30 .............. Memorial Day, School District closed June 9 .............. End of Trimester III, Gr 1 -12: 57 days June 10 .................... Staff Planning, no students NOTE: Every effort will be made to make up instructional days lost to emergency dosing. Make up of lost instructional days 4 occur first by convening days designated as 'staff planning' (December 6. March 11, June 10); second, by reducing spring break or extending the school year beyond June 9. 3/2010 KEY - TEACHER DUTY DAYS ■ Schools Not In Session - No school for students, teachers, pares. cooks Staff Planning /Staff Development - No school for K -12 students ■ Elementary Staff Development - No school for K -5 students Parent/Teacher Conference Conversion Day - Check with individual buildings for actual conference schedule School District Closed - Designated Holiday 0 End of Trimester Q New Teacher Orientation JULY JANUARY M T W TH F M T W TH F 1 ■ 3 so 4 81 5 82 6 83 7 84 ■ 6 7 8 9 10 1186 JZ87 1388 89 12 13 14 15 16 0 18 90 1991 2092 2193 19 20 21 22 23 2494 2595 2696 2797 2898 26 27 28 29 30 3199 AUGUST FEBRUARY M T W TH F M T W TH F 2 3 4 5 6 1 100 2 io1 3 102 4 103 9 10 11 12 13 7104 8105 9106 101 11108 16 17 18 19 20 14109 151ao 16111 17112 18113 23 I 25 2� 27 N 22114 23115 24116 25 07,1 301 31 2 28119 SEPTEMBER MARCH M T W TH F M T W TH F 1 3 2 4 3 5 1 120 2 121 3 122 4 123 ■ 7 6 8 7 9 8 10 9 7 124 8 125 9 126 10 127 11 128 1310 14 11 15 12 16 13 17 14 20 21 16 22 17 23 is 24 19 21' 22 23131 24132 25133 27 20 28 21 29 22 30 23 28'34 29135 30'36 31 137 OCTOBER APRIL M T W TH F M T W TH F 1 24 1 138 0 5 5 26 6 27 7 28 8 29 4139 5140 6141 7 142 8 143 11 30 12 31 13 32 14 33 15 34 11 12145 13146 14147 15148 18 35 19 36 20 37 18149 19150 20151 21 152 ■ 25 38 26 S 27 40 28 41 29 42 25 26154 27155 28156 29157+1 NOVEMBER MAY M T W TH F M T W TH F 1 43 2 44 3 45 4 46 5 47 2 159 3 160 4 161 5 162 6 163 8 48 9 49 10 50 11 51 12 52 9 164 10165 11166 12167 13 168 15 53 16 54 17 55 18 56 19 57 16169 17170 18171 19 172 20 173 22 ss 23 59 24 60+1 - 23174 24175 25176 26 177 27 178 29 6 30 63 31 179 DECEMBER JUNE M T W TH F M T W TH F 1 64 2 as 0 66 1 180 2 181 3 182 6 67 7 68 8 69 9 70 10 71 6 183 7 184 8 185 0186 10 187 13 72 14 73 15 74 16 75 17 76 13 14 15 16 17 20 77 21 78 22 79 20 21 22 23 24 27 28 29 30 ( i) ANLb 6 V 9 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 Sheriff's Office SUBJECT: Anoka County Sheriffs Department Monthly Report - Sheriff DATE: August 17, 2010 INTRODUCTION Captain Tom Wells & Crime Watch Coordinator Laura Landes from the Anoka County Sheriff's 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 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CLAN DOVER. MN. US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administra Will Neumeister, Community Deve ent Director W�+ FROM: Courtney Bednarz, City Plann# SUBJECT: Consider Special Bow Hunting Request for Smith's Rolling Oaks Neighborhood - Planning DATE: August 17, 2010 INTRODUCTION Members of the Smith's Rolling Oaks Neighborhood have requested permission for a special bow hunt from November 15 through December 31" of this year. DISCUSSION Details of Proposal The proposal is attached along with a petition that was circulated by the group that would like to bow hunt. A map of the subject area is attached. Public Notice A notice was sent to the surrounding neighborhood. Staff received two phone calls in favor of the proposal. Additionally, the attached documentation was provided by a homeowner opposed to the proposal to illustrate a past issue with bow hunters trespassing in pursuit of a wounded deer and also to illustrate the difficulty in enforcing regulations. Anoka County/Bunker Hills Regional Park Special Hunts Staff contacted Anoka County to learn how they determine when deer population warrants a special hunt within the regional park system. This information will be available at the meeting. ACTION REQUESTED The Council is asked to determine whether the special bow hunt will be allowed and if so, whether the location, dates and criteria within the proposal are acceptable. Attachments Special Bow Hunt Proposal Petition in Favor of Proposal Documentation of Past Issues Map Illustrating 150 Foot Distance from Homes Separate Attachment (Blue Cover) Documentation of 2006 Bow Hunting Proposal Ran i , Proposal for Bow-Hunting of Deer in Smiths' Rolling Oaks This petition is a proposal to allow bona- huntin In Smith's Rolling Oaks. This x}'ould include the area covered from 145"' Lane(north side) to 150` Lane (back property line), and from University Avenue Extension to Evergreen Street (,.back property tine). The proposed would comply and follow all Lepartrne a of 1 apical Resources hunting regulations; including those under hunting method restrietioiis, which apply to the haiting of deer and no elevated stands being higher than 16 feet. (from the 3007 M innesota Hunting and T Regul ations ljantibook) We are submitting a proposal and it is just a proposal regarding the Bow Hunting Area that would include the following areas: 146 St. University Ave., Butternut, Evergreen and 150 As previously proposed, that bow hunting would be limited to the residents only of said properties. • Abide by a DNR Regulations • May only hunt from a tree stand o Therefore you would be shooting into the ground if missing the target • Can only field dress the deer on your property • Can track the deer by getting permission of landowner • Does only would be shot as we are trying to thin the heard o 1 doe =3 deer as a does usually has twins • Hunting time would be up to the counsel o Our suggestion would be the middle November through December 31 as tracking would be easier • This would be a trial year and baring anything negative 1 Z o Would be up for discussion next by the Council CITY OF N66AY Incorporated 1974 Petition for Special Bow Hunt November 15 - December 31, 2010 ® �IIIIIIIIIIIIIIIIIIIIIII • � — ' — i F�t • 1�i.I'I� ® —'— m00 ®00 ®� © © © ®� City of Ham Lake PmIrls Knoll Park 329 DID _ N Area Included in Petition for Special Bow Hunt W --E .s ,3_ Petition to allow bo-vi-hunting of deer in C) Smiths' Boding Oaks area Address Yes, No j Sign-a-ft e 70, � uTjl -- --- N3 D o &cf1-FR'A/L1JL /4e Cc z ! i i f LA if E N 4 0?Q 13 uItEP Nall-L4-6- j /� C9 Ili/ `� I -� 11)4 6 - (I nil ME Address "des ; No i Signature 1-4_9 n J .✓ I^ ''`'� �G�y�'-' ',cv l 41 q I j I I a bbragp'NOT! /49 41 j i j I j I I ' i I I I j I I j 1 _ i 1 i I f I ME ztz:VCRGSEEI)LI-14 74 5 w el' C vi 5j� /--, P; e E p 13 1 - � 0 C�) 93 e-a 7'77 VE ze P� 1 4— -161, 4- i 4- - N -*9'- 'N n m Address Yes No S-lgnzt 15 ci N Lk bow L A/ Lh 15 c) L IV ISD L A/ I F-- v i L I i rj i , A , -/ ( — T 0 - N -*9'- I ,l l_t�i_L;c.y_�� - =c 1 ,L� �;i P;'C� 1- �, t- try ' �� �, e' �; , �: , � r ✓c__..:; .;- �" LYl> 1.,' Ci%t t�Li7 _. '�.._i_` L? �_�.. -.. L Y t "J t y IT ✓< I �( n .. �.�1�' VJ �I.LL�,i. �li•V�.'.� 1 I �CI�L 1.1 �= l.�J '���i�i ��'�.`� I ( i I a I i � Y; Z i I - -iJ O Z f— z W f] U z W rn z W U. LL u W Q z Agency Name: ANOKA COUNTY SHERIFFS OFFICE IMN0020000 _� ORI : Add'I JCF ❑ Pages: ❑ 111 1111111 * O 6 2 7 6 1 1 9 Repotting Icer s : Atldress (Street, City, 5tate, ZIP): 137 ANDOVER BLVD NW ANDOVER, MN 55304- 13021 HLAVINKA, MICK Total Value Stolen (Property): Date of Birth: ate Reported: Assigne : ve : eared: 11/23/2006 11:12 AM 1112 1123 1133 Total Value Damaged (Property): TR ace: WHITE $0.00 E arliest Date me ccume : Latest ate/Time occurred: Total Value Recovered (Property): Location o ense Incident: Apt.: Grid: 137 ANDOVER BLVD NW ANDOVER MN 55304- A70000- ANDOVER HANSON >UNIV, - >161ST MOC Code: Classification: Disposition: 09850 ORDINANCE COMPLAINTS -ALL OTHER ASSISTED /ADVISED Apt: Date of Birth: 'a Sex: MALE ace: WHITE H eight: Weight: Hair Color: Eye Color: Home /Bus. one: Work/ Bus. Cell: Cell/Pager/Fax: ❑Person ❑ Business J U: Code: Name: Incident Narrative 1 RP STATED 3 HUNTERS WERE BOW HUNTING ON THE PROPERTY, ON THE SOUTH SIDE OF ANDOVER BLVD. AND WEST OF BUTTERNUT. RP STATED THAT THE CITY OF ANDOVER WAS IN THE PROCESS OF DETERMINING IF BOW HUNTING WILL BE ALLOWED. RP STATED HUNTERS WERE NOW ON THE PROPERTY, TRACKING AN INJURED DEER THAT THEY HIT ON, THE PROPERTY ABOVE. I SPOKE TO HUNTERS WHO SAID THEY HAD PERMISSION FROM THE DEVELOPER MARK AND SCOTT ANDERSON, TO HUNT ON SAID PROPERTY. RP GAVE THE HUNTERS PERMISSION TO TRACK THE DEER. RP ONLY WANTED IT DOCUMENTED AND NO FORMAL COMPLAINT. NAMECODES A -Adult Arrested, AC- ArrestIngCUzen, C- Compialnant, D- Driver, F- Family /Parent, G- Guardian, J- Juvenile Arrested, M - Mentioned, MP - Missing Person, I - Other Involved, 0 - Owner, P - Passenger, PT - Perpetrator, R - Reportee, S - Suspect, V - Victim, W - Witness W Q z W Q U Person ❑ Business AN : A Code: R Name: Alias: Atldress (Street, City, 5tate, ZIP): 137 ANDOVER BLVD NW ANDOVER, MN 55304- ApL: Date of Birth: ex: FEMALE TR ace: WHITE H eight: Weight: Hair Color: Eye Color: HomelBus. Phone: Work/Bus. Cell: Cell /Pager /Fax: Person ❑ Business A C ode: I Name: MI as: I Address (Street, City, State, p): Apt: Date of Birth: 'a Sex: MALE ace: WHITE H eight: Weight: Hair Color: Eye Color: Home /Bus. one: Work/ Bus. Cell: Cell/Pager/Fax: ❑Person ❑ Business J U: Code: Name: Alias: Add ress Street, City, State, Zip): Apt: Date of Birth: Sex: Race: H eight; eight: air Color: ye Color. ome Bus. Phone: Work/Bus. Cell: Cell/Pager/Fax: Supervisor. 7 777 7 elated Case Number: 71 Page 1 of 2 l/8 . 1& . 1 I _L_ . L Ir _,Jin IIlil1r 1 JlJ 1l['IJ. Ul U A - . Narrative 1 Continuation: Page 1 of 1 Case Number. *06276119* Author: I CONTACTED CITY AND GOT BACK TO P.M.H. WITH THE ORDINANCE INFORMATION. NFA. CLEAR. DEPUTY HLAVINKA #152 MG .4i 14 -Ac -s ue ` - ���• N V,� ' 4ZC� —k E (A - -�� I C-� r f) a J n� - Al C � � 6U a41- zlxl� c 9 f`t_ Rl1!Q �.� csa �`�C _. `tee ern 1 �- c c -, x, tee- _. - -- - - -- ` IQ, x : v��1 —C► �n -cam— -�i r= n cA , _ CLe� _ _� v r, - cN 4 d`c - �aC�.Q _ . 9 `. , ` � � ` , i ' � r ` � l ` � R t /, i l s t t r'�• {{ r u f• � e .F � r th -�. n '� i 1 yp� i � = rw x .� 4'�$ di t,�°,nt`,� .:+ R g v ♦ j t _.r ■� � L �; �Y^� -.� �J'f`5 .,,5 a '`Yc" �?' ��' x��> `�Jw I « t r ' . '� { _,��i ��> ., �.✓ �vi r.N �5�: �' }iF� 1.�. 1' � zv✓�I�}.*� -:. "�r ° fyJ sr � SV`� •^?�!•� 4� r •1 �� � ✓ � ty�i I ^ 4� � t�i<` ti ���.+$ u t r rU ����e�r R { t� [ f Y' , 1 v r t � ""� z, i .:. '�' J1� . 2'�� .'T .r �1 •' ��sp , t a) { �n` 4 '. t � .1- .2r2,1 lfL,��`�, :'Fad:! kt o�ii✓'�' � r,Y s�"z,"�'`' � u` ly'y Y ', i� � 1 » �S t� wt 1./ w H �,4'x `� `, ♦71... 11 K { � �� { � ��fr 3i I Vt > ti����k' � � >� r _ • S� _ r a n : �� �w fe, ;'� e C 1 i Q n �.r ; '� us,'Yyu 4 13 { • l r x , n ,31 ( „ > ' Y 3 z i 7 �Y' is - , is 1 rr... 7 , 21 r r " �1 • 'z' S w i 1 i'h C. 'r3r - w z y . i �i� \ \I ■i t- r ,�> •� �>a � - � uv l 1 c , . tit 0 1 T 1 1 �. i ■ ■ \7f. -fit' • ■1 It 1 ■r Ismv No Sim '�+"` ♦ +.� `� [:� ■L ■� _ � _,1111■ C I T Y O F ND OVE 1685 CROSSTOWN BOULEVARD N.W. • ANRPY MINNESOT 55304 • (763) 755 -5100 FAX (763) 755 -6923 CI.ANDOMN.US) TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator Will Neumeister, Community Dev n hectorp. - FROM: Courtney Bednarz, City Plannett SUBJECT: Separate Attachment/Consider Special Bow Hunting Request for Smith's Rolling Oaks Neighborhood - Planning DATE: August 17, 2010 INTRODUCTION The minutes and reports from the similar 2006 proposal are attached. DISCUSSION Discussion will be held at the meeting. ACTION REQUESTED Please add these materials to the packet. Attachments Documentation of 2006 Bow Hunting Proposal Z t lly submitted, JUNG 6,7_oO4, COvvoc,L Mtavre 10 Regular Andover City Council Meeting Minutes —June 6, 2006 Page 9 MAYORIC©UNCH, .INPUT (Archery Season for Deer Hunting) - Councilmember Jacobson stated some of the people on University Avenue, north of Andover Boulevard, have wondered if the City would allow them to have an archery season in there area to weed out some of the deer. He did not know the process they would have to go through to allow that this Fall. Councilmember Trade stated she would be concerned with the children in the area and if this were to occur she would want it well noticed and have a limited time. Councilmember Knight indicated it is a DNR issue. Councilmember Trade stated she would feel more comfortable with a petition from the neighborhood indicating they would keep their children in the home during this time. Her concern was with safety. (Park and Trail Naming) —Mayor Gamache stated he sent an email regarding naming the parks and trails and he agreed they should probably come up with some type of policy. He asked Mr. Dickinson if it could be added to their next workshop agenda. Mr. Dickinson stated he could add it (Meadow Creek Christian School Thanks) — Mayor Gamache thanked Meadow Creek Christian School for the invitation to their event last week They are raising a lot of money for their school project and they did a great job. (Quad City TV Hosting) - Councilmember Trade stated with the change in hosts for the Quad City TV they are being asked to go to Champlin all of the time and she was not finding that convenient and she wondered if they could advertise and have someone in Andover who would be willing to do the interviews in Andover and consider it a community service. Mayor Gamache did not think it had anything to do with the host. He thought it was pushed by Susan Huston to have it all recorded at the studio and he indicated he could discuss this with her to see what could be done. (Fun Fest Booth) — Mayor Gamache wondered if the Council wanted to set up a booth this year at Fun Fest. The Council thought it was a good idea. Motion by Jacobson, Seconded by Knight, to adjourn. Motion carried unanim ously. The meeting adjourned at 8:50 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary X �i jE 27 '240040 V/Xk:2 � nMwTFS Special Andover City Council Workshop Meeting Minutes —June 27, 2006 Page 8 Mr. Dickinson presented the Council with a document to sign that states the City is opposed to the alternate for the Minnesota/Canadian Pipeline project. Deer Hunt Mr. Dickinson stated that after research with the DNR, it would appear the City does not want a special hunting season. He stated he is currently working on ordinance modifications within the current season that would allow bow and arrow hunting. Discussions Regarding Marystone Boulevard Mr. Dickinson said the issue will be coming up in the next month. He believes the residents want it to be a City initiated project. Mr. Berkowitz added there are many problems with that area. Public Works Property Q Mr. Dickinson stated there has been some work on the wash station behind the Public Works building and the City will be receiving a MCES grant from the Metropolitan Council. Carnival Councilmember Knight brought up his concern about the pavement where the carnival will be set up and who will pay for repairs if needed. Mr. Dickinson said that the City has historically paid for such repairs and that he has requested pads be put under the rides. Stealing Mail, Washing Checks Councilmember Orttel asked if the people have been convicted who were charged with washing and cashing checks. Mr. Dickinson stated he would look into the issue and report back to the Council. Fire Chief Dan Winkel Speaking to the Recreational Fire Ordinance. Mr. Dickinson stated that there will be a short meeting on July 5 . Councilmember Jacobson brought up an issue about some neighbors who are engaged in a dispute. The Council discussed the fire ordinance and nuisance code in regard to the dispute. Councilmember Jacobson stated the ordinance, which allows four recreational fires a week, needs to be reviewed. Councilmember Orttel asked the issue be put on the next agenda TvLy S Zook 'Co�� (c�'1,�s 10 Regular Andover City Council Meeting Minutes — July 5, 2006 Page 7 Councilmember Jacobson stated he is not against forming a committee but if they decide in September, they will only have two months to get it all together for the ballot. Councilmember Knight reviewed who they should have on the committee to review this. He stated they want to get a mix of rural and urban. The Council discussed how they should advertise for the committee. UPDATE ONSPECL4L DEER HUNT REQUEST City Administrator Dickinson stated Council has requested information regarding a special hunt to reduce nuisance populations of geese and deer within the City. Councilmember Orttel stated if they have a neighborhood with a hundred homes and they have a deer problem, chances are not everyone will think it is a problem so what do they do about that. Mr. Dickinson stated they would just open up the areas to hunt on their own land or permission to hunt on someone else's land. Councilmember Jacobson wondered if there is a limit on the number of licenses. Councilmember Knight explained how the license works. Mayor Gamache wondered if they should have a public hearing on this. Councilmember Orttel thought a public hearing would resolve a lot of questions that will be brought up by the public. Councilmember Jacobson wondered how they would notify the residents in the area of a public hearing. Mr. Dickinson stated this is an ordinance modification, not a variance type of request so they would come through a temporary ordinance process to say the map is referenced and they would modify the map. Councilmember Trude stated her concern is the residents will be surprised about Andover allowing bow hunting in peoples' backyards and she thought they need to look at this being really restricted if this goes forward like they do in Bunker Park. Councilmember Ordel stated it will need to be specific times and dates. ADMINISTRATOR'S REPORT City Administrator Dickinson updated the Council on Administrative and City department activities, Fun Fest activities, road improvement project, development activity and miscellaneous projects. MAYOR/COUNCLL INPUT Ly 5 Zoo lP 5'T PorLT ANL6 ' O F OWE TO: CC: FROM: SUBJECT: DATE: 1685 CROSSTOWN BOULEVARD N.W. . MAIN (763) 755 -5100 FAX (763) 755 -89 OVER, MINNESOTA 55304 ,WWW.CI.ANDOVER.MN.US Mayor and Councilmembers Jim Dickinson, City Administ Will Neumeister, Community Director Andy Cross, Associate Planner. Z Update on Special Deer Hunt Request - Administration July 5, 2006 INTRODUCTION Council requested information regarding a special hunt to reduce nuisance populations of geese and deer within the City. DISCUSSION Any decisions regarding a hunt in the City during the regular firearm or bow hunting season is at the City's discretion. The City's discharge ordinance governs where people may hunt. Any change in the Ordinance requires a Council action. If the Council wishes to change the borders of the restricted hunting zones, it will require a Code Amendment. A process is in place for Code Amendments that requires an application, public notification and public hearing, and a final resolution. If an effort is made to reduce the deer or goose population in the City, it will probably need to be carried out during the regular hunting season. Any out -of- season hunting in the State of Minnesota requires a significant investment of time and resources on the part of the City. While the DNR would play an advisory role and issue the permit to take deer, it is in the City's hands to manage the program and provide the DNR with documentation detailing the symptoms of a deer population problem in the City. This would include a deer population survey (from a fly -over count), deer / car collision figures, resident complaints, etc. If the DNR determines that the animal population is presenting a problem that cannot be resolved through the normal hunting season, then a population goal would be set with a plan to remove a set number of animals per year. Respectfully submitted, J � Andy Cross A ll(pv�;-r 22 Zdo(P I W-k S1k Mtvarcr,_ Q Special Andover City Council Workshop Meeting Minutes — August 22, 2006 Page 9 1 CHANGES INDEER HUNTING REGULATIONS Mr. Neumeister stated Council requested information on changing the border of the bow hunting area on the map to allow hunting in an area where it is currently prohibited. He reviewed Chapter 5 -4 of the City Code. He noted several property owners in the Prohibited Zone have requested that their land be placed in Restricted Zone 2, which would allow them to hunt deer with bows and arrows on their property. Their properties are in the R -1 zoning district, which means they are at least 2.5 acres and have private wells and septic systems. The area to be added would be north of Andover Boulevard between Prairie Road and University Avenue. He indicated to accomplish this request, the Council will need to change the "Firearm/Bow Discharge Map." If the Council approves this map amendment, then final changes will be made to the official map on file at the City. As with all changes to the City Code, a public hearing will be required. Councilmember Trade noted the west side of Prairie Road should not be cross - hatched. Councilmember Jacobson asked if the deer were not killed in this area what other options did they have. City Administrator Dickinson stated there are few options. Councilmember Knight expressed concern about the boundaries with the neighborhoods and how they would keep arrows from going into neighboring yards. He asked what they would do with wounded animals. He indicated with bow hunting, deer are not immediately killed and would run. Councilmember Knight believes they should state a resident can hunt on their property as long as they have the neighbor's permission on both sides of their property. Mr. Neumeister stated it is virtually impossible to change the hunting regulations and all they can change is the map. Councilmember Trade stated she is concerned about the risk and the risk is high. . Councilmember Orttel did not know how effective this change would be. Councilmember Jacobson did not know what good it would do to have the bow hunting. Councilmember Knight suggested they require an elevated stand so the bow would be shot toward the ground. © Councilmember Trade did not believe there has been enough demand for this. Councilmember Orttel stated he understood the resident's concerns, but he did not know what good this would do. �v6vST 2Z� 2oo(a ktn[YSMop l�t,nl v Tik Z a Special Andover City Council Workshop Meeting Minutes —August 22, 2006 Page 10 Councilmembers Jacobson and Trude stated they did not believe they should hold the public hearing. Councilmember Knight stated he believes a public hearing would be a good idea. Mayor Gamache stated a public hearing would be interesting to see what kind of turnout they would have and it might be worth having a public hearing to talk about it Councilmember Orttel agreed they should have a public hearing to discuss this. Councilmember Jacobson stated by the time they hold the public hearing, it went to P &Z and it came back to them, the season would be over. Mr. Neumeister stated it is his recommendation they have the public hearing at Council, and bypass the P &Z meeting. Councilmember Jacobson is not happy about a public hearing, but if the rest of the Council want one, they should hold the public hearing. Councilmember Knight stated part of the problem is the more deer there are, the more automobile accidents there would be, and the more people would get injured. 2006 BUDGET UPDATE Mr. Dickinson stated the City Departments have prepared requested 2007 Annual Operating Budgets; the deadline for each department's submission to Finance/Administration was July 5, 2006; Finance compiled all of the department's requests and Finance/Administration conducted individual department meetings to review requests and ultimately prepared the proposed 2007 Annual Operating Budget for City Council review. He reviewed the budget guidelines and requested Council input. Councilmember Jacobson asked if staff knew what might be a carryover on unused funds this year. Mr. Dickinson responded whatever is saved they make available for next year's budget to keep the levy down. The adopted budget for 2006 was 7.9 million and estimates for expenditures was 7.8 million. He noted they would be $100,000 under budget in the general fund. However, he noted revenues are going to be higher than anticipated due to storm permits. He stated within the fund balance area they are doing well. Councilmember Trude asked if they want to add another Sheriff Deputy at this time based on people following the budget so closely. She noted this is a pretty much status quo budget with Q significant increases in road funding and minim cost of living increases. Mr. Dickinson stated they had reduced staff this year by 2 full time staff employees. Councilmember Knight asked how they determined any additional police need. Mr. Dickinson } vroUST 22 26o(0 snk-cr Wpa2T C I T Y O F NDOVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 MAIN (763) 755 -5100 FAX (763) 755 -8923 • WWW.CLANDOVER.MN.US TO: Mayor and CounciImembers CC: Jim Dickinson, City Administrator w Will Neumeister, Community Development Directort'td-1• -- FROM: Andy Cross, Associate PIanner/46 SUBJECT: Changes in Deer Hunting Regulations - Planning DATE: August 22, 2006 5 INTRODUCTION Council requested information on changing the border of the bow hunting area on the map to allow hunting in an area where it is currently prohibited. DISCUSSION Chapter 5 -4 of the City Code regulates where firearms may be discharged in the City. It is referred to as our "Discharge Ordinance." The ordinance references a map that illustrates three discharge zones in Andover: 1) Prohibited Zone: The discharge of firearms and bows is completely prohibited. 2) Restricted Zone 1: 10 acres required to shoot a gun, 2.5 acres required to shoot a bow & arrow. 3) Restricted Zone 2: 10 acres required to shoot a gun at geese, 40 acres required to shoot a gun at deer. 2.5 acres required to shoot a bow & arrow: Several property owners in the Prohibited Zone have requested that their land be placed in Restricted Zone 2, which would allow them to hunt deer with bow & arrow on their property. Their properties are in the R -1 zoning district, which means they are at least 2.5 acres and have private wells and septic systems. The area to be added would be north of Andover Boulevard between Prairie Road and University Avenue (see attachment). To accommodate this request, the Council will need to change the "Firearm/Bow Discharge Map." If the Council approves this map amendment, then final changes will be made to the official map on file at the City. As with all changes to the City Code, a public hearing will be required. Respectfully submitted, Andy ross Attachments City Code 5 -4 "Discharge Ordinance" Discharge Map with Proposed Change �tv to u S Z2 2bco SrA,t F OF--w T>A-tcE Z CHAPTER 4 WEAPONS SECTION: 5 -4 -1: Discharge Of Weapons 5 -4 -1: DISCHARGE OF WEAPONS: A. Definitions: The following definitions shall apply in the interpretation and enforcement of this section: BOW: All long bows used for target and hunting purposes as regulated and defined by Minnesota Statutes Chapter 978. FIREARM: Shotguns and pellet weapons, whether CO2 or pneumatic B. Compliance With Provisions: No person shall discharge at any time a firearm or bow upon or onto any land or property within the city except as provided by this section. C. Prohibited Discharges: 1. No person shall discharge a firearm within five hundred feet (500') of any residence or a bow within one hundred fifty feet (150') of anv powered. HANDGUN: A hand held weapon with a rifled barrel and discharging a single shot or pellet at a time. IMMEDIATE FAMILY: All persons related to the landowner that shall include the children, grandchildren and their spouses. RIFLE: A shoulder weapon with a long bored barrel or barrels and discharging a single shot or pellet at a time. SHOTGUN: A shoulder weapon with a smooth bored barrel or barrels and normally discharging more than one pellet at a time, except when using a single slug. (Amended Ord. 240, 10 -6- 1998, eff. 1 -1 -1999; amd. 2003 Code) B. Compliance With Provisions: No person shall discharge at any time a firearm or bow upon or onto any land or property within the city except as provided by this section. C. Prohibited Discharges: 1. No person shall discharge a firearm within five hundred feet (500') of any residence or a bow within one hundred fifty feet (150') of anv A&UST 22,2.1, �5k PF 4F-mil T�*&OE 3 residence. 2. No person shall discharge a firearm or bow on public property owned or operated by the city, county, state or school district. 3. The discharge of a rifle or handgun utilizing a solid projectile shall not be allowed within the city. D. Permitted Discharges; Restrictions: 1. Written permission by the property owner shall be given to any person prior to the discharge of a firearm or bow on his /her property. 2. When recreational target shooting is conducted, the projectile shall be directed at a target with a backstop of sufficient strength and density to stop and control the projectile. 3. When discharging a firearm or bow, the projectile shall not carry beyond the property line. (Amended Ord. 240, 10 -6 -1998, eff. 1 -1- 1999) E. Permit To Hunt Deer: 1. Permit Required: An individual annual or seasonal permit is required by the city for the discharge of firearms for the purpose of hunting deer with a shotgun (slug only) in designated areas of the city as shown on the map attached to Ordinance 240 which ordinance is on file in the office of the City Clerk for public use and inspection. Said map and the language contained and stated on the map shall become part of this section. Discharge of firearms in these areas requires a city permit and shall occur no closer than one - quarter (1/4) mile from any urban development, park or institutional use. (Amended Ord. 240, 10 -6 -1998, eff. 1 -1 -1999; amd. 2003 Code) 2. Consent Of Property Owners: A request for such permit shall be accompanied by written permission from fifty percent (50 %) or more of the adjacent landowners. 3. Time Limit On Acquiring Permit: Permits shall be obtained from the city thirty (30) days prior to the opening day of firearm deer season as established by the Minnesota Department of Natural Resources. 4. Conditions Of Issuance: Such permit shall only be issued under the terms consistent with this section and all applicable state and federal laws and regulations concerning the hunting of deer via firearm. AV&vsr- 22, loaf S fF rQsp T F. Exemptions From Provisions: 1. The provisions of this section shall not apply to the discharge of firearms, rifles or handguns when done in the lawful defense of persons or property. No part of this section is intended to abridge the constitutional right to keep and bear arms. 2. The City Council may approve an exemption to this section to allow the discharge of firearms and bows for the sole purpose of managing and controlling wildlife populations, provided the hunt has received the support from the Minnesota Department of Natural Resources. G. Violation; Penalty: Any person who violates any provision of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished according to state law. (Amended Ord. 240, 10 -6 -1998, eff. 1- 1 -1999) © ©>< 7 Regular Andover City Council Meeting Minutes — September 5, 2006 Page 4 Item 9 Approve Lawful Gambling Exempt Permit/Andover Wrestling Club Item 11 Approve Appointment Secretary A Item 12 Approve Quote/Authorize Expenditures for Lift Station #1 Item 13 Approve Contribution to Anoka County Sesquicentennial (Res. R105 -06) Item 14a Award Bids — Surplus Equipment Motion by Jacobson, Seconded by Knight, approval of the Consent Agenda as read. Motion carried 4 ayes, 1 present (Jacobson). Councilmember Jacobson stated he wants to change his vote to present because he has a conflict of interest with Item 4. PUBLIC HEARING /ORDINANCEAMENDMENT/DEER HUNTING REGULATIONS City Administrator Dickinson explained the City Council is considering adopting a change to the Firearm/Bow Discharge Map, which illustrates where hunting and shooting activities may take place in the City. Several property owners in the Prohibited Zone have requested that their land be placed in Restricted Zone 2, which would allow them to hunt deer with bows & arrows on their property. Mr. Dickinson reviewed the information with the Council. Councilmember Trade asked for clarification on how this item was brought to the Council. Mr. Dickinson explained. Commissioner Knight asked how many of the parcels would be 2.5 acres or greater. Mr. Dickinson stated at minimum they are 2.5 acres but some could be larger. Mr. Beduarz showed the corrected shaded area proposed for bow hunting. Councilmember Trade asked if this was an error in publication or notification. Mr. Dickinson stated they need to only consider the area east of Prairie Road. Motion by Councilmember Jacobson, Seconded by Councilmember Knight, to open the public hearing at 7:34 p.m. Motion carried unanimously. Mr. John Beam, 121 Andover Boulevard, asked if this would permit only the landowner to hunt on their property. Councilmember Orttel indicated that is correct Mr. Beam asked how the permission © aspect happens. Councilmember Trade stated it would need to be written permission of surrounding neighbors. She stated they have to look at their ordinance. The other Councilmembers indicated there is no ordinance pertaining to this. Mr. Dickinson stated he would enhance bullet item two indicating they would have to get written permission of all adjacent property owners. q15 - 10G A tnwTt—� 2 o F 7 Q Regular Andover City Council Meeting Minutes — September 5, 2006 Page 5 Mr. Beam asked if this meant that no people other than the property owners could hunt. Did this mean relatives of the property owner could not hunt on the owner's land. He wondered where the line is. Councilmember Trude stated their existing ordinance refers to immediate family but that is in regard to farms. Councilmember Orttel indicated on large parcels, it could only be immediate family. Councilmember Jacobson referred to Chapter 4 of the ordinance regarding weapons. City Attorney Hawkins stated the ordinance does not state anything regarding immediate family. If they want to limit it to only family members it should be included. Councilmember Orttel thought their intent would be to only allow immediate family and relative's authorization to hunt. Mr. Beam assumed the hunter would need a license and he wondered if there was any concern about bonding for reparations in case of damage to adjacent properties. Councilmember Orttel thought it was standard property law that if there was damage, they would need to pay to repair it. Councilmember Trude stated there is no City license discussed so State Law allows anyone over a certain age to go without any training to get this license and the time period is several months. Councilmember Orttel stated they have to follow the State Law. Mr. Beam stated there is also a standard hunting procedure that a wounded animal may be followed by the hunter. He wondered if that will prevail here. Councilmember Knight indicated that is State Law. Mr. Beam saw some real concerns in terms of hunting an animal that may be injured and may barge onto someone else's property where there may be young children. He thought this was areal liability and should be looked at. Mr. Dickinson stated regarding the notifications, the mailings and advertisement did go out appropriately. Ms. Arlene Elin, 137 Andover Boulevard, stated her parcel is 3.5 acres and she is not interested in having any bow hunting on any of the properties. She stated Mr. Beam's property and hers have the bulk of the forests and she enjoys seeing the deer on her property. She is not at all for this and thought there was a huge safety issue with this. She stated an injured deer.hit by a bow is going to go where they know they are safe which the woods are. She stated she is totally opposed to this. She thought if they wanted to present a proposal for thinning a heard of deer they should do that but this is a proposal to change the zoning to allow hunting. They are two different issues. There have been no studies from the DNR to say how many deer are in the area and is the concern wanting to hunt or wanting to thin the heard. She did not see the concerns anywhere regarding too many deer in the area. Ms. Ruth Moss, 147 and University Avenue, stated they have a lot of deer in their area but she is against having bow hunting on her property or surrounding area. She thought no trespassing signs in a residential area would be out of place and she wondered who would clean up the area after hunters came through. She thought there was a better way to control the deer population. q /s106, mwrT Fs ::�->df�7 Regular Andover City Council Meeting Minutes — September 5, 2006 Page 6 Mr. Doug Kelly, 14745 Evergreen Street, stated he is for the bow hunting being reinstated. He would like the right to make that choice. He did not think people would come from the outside to hunt on their properties but he would like the right to hunt in his backyard if they had the choice. He indicated goose hunting is permitted close to their homes with shotguns on forty acre parcels. This is also open for deer hunting with slugs and shotguns. Ms. Linda Meyer, 155 Andover, stated they have been there five years and have spent the last four years pushing their lawn further back and it is a beautiful backyard. She noted her grandchildren play out there. The thought of deer hunting going on in their back yard is out of the question. She stated they live in a residential area with other homes and people. The resident next to her feeds the deer. She did not think hunting deer should be permitted in their backyards. Mr. Don Wilson, 14920 University Avenue NW, stated he is in favor of hunting with bows. He did not think anyone would be injured. He also thought that if a deer is shot, it needs to be followed to take care of them. It is the law and a hunter cannot just leave a wounded deer. He thought if the City wants to make some laws regarding this they should and the hunters will follow them. Ms. Shirley Beam, 121 Andover Boulevard, passed out and read a letter regarding this item to the Council. Mr. Jeff Price; 330146' Lane, stated he has had 34 years experience and he has yet to trespass. It is up to him to find the boundaries; it is his responsibility. They have a whole book of laws. He has heard that a lot of deer have been killed on Andover Boulevard and he wondered who benefits from that They have automobile damage, life safety issues and the deer goes to waste. He wondered why they won't let a hunter take a deer and benefit from the meat. He did not see a problem with that hunt. He noted elevated stands are very safe for bow hunting and he thought hunters use ethics. He stated it is right to ask permission of the property owners to go on their property. Ms. Cynthia Fetser, 172 146' Avenue, stated she is not a hunter; she is a veterinarian. She has lived in the area for several years and has seen them go from one or two deer in their yard to maybe twelve or thirteen deer in their yard. She is concerned about the deer population and how they are getting hit and killed on the road. She stated the hunters she knows that want to hunt in her neighborhood are extremely responsible people who take hunting seriously. They want to hunt and not wound and to make sure the animals are not suffering. The hunters she knows that want to have this passed feel strongly about making sure theses animals are not wounded. She supports them being able to do that on their property if they get permission from the people around them. Mike Engelmann and Nancy Engelmann, 1483 5 Evergreen Street NW, stated their concern is about safety. They presented a letter to the Council and showed a drawing of their property and the shooting radius allowed in Andover. Mr. Engelman stated he could not place the radius anywhere on his property and be the required shooting radius of 150 feet from any occupied residence. He stated they are against the bow hunting. q f S /aCv i�t !►vv7� �IoF7 Regular Andover City Council Meeting Minutes — September S, 2006 Page 7 Mr. Adam Winiarezyk, 14942 Evergreen Street, stated they are strongly opposed to this change. Andover is a rapidly developing and populated suburban area now and opening up more residential areas to hunting is not the direction the City should be moving in. The City should be moving in the opposite direction for this reason. They are not a rural area anymore. This area under consideration is relatively small but there are always a lot of children, walkers, drivers and bikers outside at all times. He stated he is not against hunting. He is a hunter himself but is considerate to go up north to hunt. He did not think this is safe. Ms. Marsha Murphy, 14826 Butternut Street NW, stated there are more deer than twenty -five years ago but there is also more population in Andover. She stated if this change is passed she could have four neighbors hunting at the same time. She has a strong concern for her children and they go to school and come home during prime hunting time. She is totally against this. Mr. Pat Cahill indicated he is at the meeting representing Chris Wallace at 225 Andover Boulevard. He is a hunter but has some concerns as far as the bow hunting goes. There are some issues regarding the population of deer and he has been around that area enough to know that it is not a biological caring capacity that they are worried about; it is a social caring capacity which is how many deer that people in the area will tolerate. That area could probably handle two to three times the number of deer biologically than it has now. It all comes down to how many car kills and how much people will tolerate. A legal issue that would need to be addressed is people that do feed in their backyards on a two and a half acre lot. If you are two lots away and those deer are heading to that feeding pile, there are some baiting issues that run within the State of Minnesota and those would have to be addressed. As far as trespassing to pursue wounded game, he was almost sure that if they leave the property and go to the next property, unless they have permission from that owner, they cannot carry a weapon with them to go to the next property but they can pursue the wounded game. Mr. Cahill stated if the property owner does not give permission, the only way they can go on the property is with a Conservation Officer or someone appointed from the DNR- He did know that on small 2.5 acre lots, they are going to have a percentage of deer that do get hit with a bow, even a fatal hit that are going to leave the property. He stated it is up to the bow hunter to follow the game. Mr. Cahill stated he is not opposed to hunting himself but he thought there are some issues that need to be addressed. He stated the only thing that he knows is that any of the hunts he has been involved with in small tracts of land like this, those allowed people from outside areas. This one will not but everyone has to have a bow hunting certification through the State of Minnesota and they also have to pass a proficiency test to show they are capable of hitting a certain number of arrows in a designated size target at twenty yards. With those kinds of restrictions he thought it was possible to hold a hunt but it takes some time to get those things in play plus getting everybody else in the neighborhood understanding what is happening and also having a general consensus of everyone there that knows what is going on. He also did not think that if they are going to have a hunt that they could have it at the beginning of the season, which starts September 16 and ends on December 31 ' Most of the hunts that they do run a period of three or four days and they try to pick the days where people are not going to be out and active. Most of them they do run late in the year and most 4/ c /- 6 fA(NGTE5;. roe 7 ® Regular Andover City Council Meeting Minutes — September 5, 2006 Page 8 of the time snow is on the ground. That way it is easier to follow game. Most people are not outside playing and they are notified that on certain days there will be hunters there and it would be tightly regulated. His biggest concern is the way this is written is that it is pretty loosely regulated and does not leave a lot of room for safety issues and general concern of how it is presented to the public in the form of bow hunting. He thought if they are going to do something like this, they do it in the best way possible for the image of bow hunting to the public in the area. Councilmember Orttel asked what another way of getting deer is. Mr. Cahill stated they could hire a sharp shooter, which would be pretty expensive. Councilmember Orttel stated they originally wanted to have a hunt for a couple of days but the DNR would not allow that so the City needs to expand their hunting area to allow bow hunting during the entire hunting season which seems pretty liberal. Mr. Cahill stated they could also trap the deer, which would also be pretty expensive. He stated the most effective way has been through hunting and it can be done through bow hunting and he would like to see it done on pretty tight parameters so it is controlled and they do not have a black eye co ming out on the bow hunting issue. He stated some of the hunts, like Bunker Hills, have worked to control the deer population. Commissioner Knight asked how high an elevated stand typically needs to be. Mr. Cahill stated there is no height restriction and the only regulation they use is that they do not have screw -in tree steps. As far as height, it is what the State of MN says and a portable stand has no height restriction on it. Mayor Gamache asked if this area has quite a bit more space left before it biologically becomes an issue. Mr. Cahill stated when they start looking into a forest and can see from head high to the ground that there is no vegetation that is when there are way too many deer. He stated they are a long ways from that Councilmember Trade indicated she is not certain if they investigated the route that Bunker Hills uses. Mr. Dickinson stated they looked at that process early on and that is an option afforded to them if they are willing to go through the costly fly -over concepts with DNR officials. It has to be completely petitioned of the DNR and the DNR has to do the review, counts via an aerial and it is very costly. He stated a project of this size does not meet the DNR criteria Councilmember Knight stated a correction is with a wounded animal. They can go onto other properties with a weapon. When pheasant hunting you have to leave the weapon behind. Councilmember Trade asked if it is correct that at a certain age a person could get a license without ® any training for bow hunting. Mr. Cahill thought there was something now that stated under a certain age you need to have a bow hunting certificate to now get a license in the State of Minnesota Councilmember Trade thought a concern the residents have is the State does not regulate the quality of people pulling that license. Mr. Cahill thought this was something the City could require, that a person would have to have the certification in his possession to hunt. [_J E Regular Andover City Council Meeting Minutes — September S, 2006 Page 9 qA/me, mfj%;� 6 OF 7 Mr. Wayne Regotta,134146 Lane, agrees with the people on the other side of Andover Boulevard. He asked if this only includes the bow hunting of deer or other things. Mayor Gamache stated it is to just bow hunt deer. Mr. Regotta stated he does not support this change. Mr. Ray Sowada, 14921 Butternut Street, stated he has lived in the area since 1978 and they have had very few deer but as the population of Andover starts growing and the houses appear, the deer start going in the treed areas. He stated a lot of the deer come up from Bunker Hills and work their way up to the area when they have the hunting season down in the park. He started this to get something going and to include the 2.5 acres for the deer hunting. He has bow hunted since he was twenty years old. He indicated he is for this hunt. Councilmember Trade asked if Mr. Sowada would have a problem getting his neighbors to allow him to hunt on his property. Mr. Sowada thought his neighbors would allow him to hunt. Motion by Councilmember Jacobson, Seconded by Councilmember Trade, to close the public hearing at 8:28 p.m. Motion carried unanim ously. Mayor Gamache stated he had several questions. He is not familiar with the history of why the hunt area moved north and he would like to have staff look into this. He stated some of the things Mr. Cahill brought up were pretty interesting because some of the concerns he has are if they are to do this, it be done correctly. Some of the issues the residents have are legitimate; however, for some it is just in their backyards where hunting is already allowed. Mayor Gamache stated they may want to look at requiring a bow hunting certificate in order to bow hunt. A resident asked if they should require a rifle hunter to also have a certificate because rifle hunting is allowed just to the north of them. Mayor Gamache indicated he wants to have staff look into this. Motion by Councilmember Trade, Seconded by Councilmember Jacobson, to deny the change. Councilmember Knight stated he is a bow hunter and he could tell them from both sides of the issue there are some very valid positions. First of all, deer hit with an arrow rarely go less than fifty yards; usually it is one hundred or more. Deer are involved in car accidents at an unbelievable rate. There is a problem with deer. Deer also destroy a lot of plants in yards and it is a dilemma. Hunting in the next yard is also a dilemma. He did not know how they could get all the neighbors to consent to a hunter bow hunting on their property. He also wondered how tall a stand needs to be. He has had more calls opposing this than opposing anything else in a long time. ® Councilmember Jacobson stated he once lived in this area and there are a lot of unanswered questions. He did not think the take on the deer would be very many in terms of numbers that would solve their problem. While he understood there is a problem he did not know if the way being proposed is the right way to do it right now. If they are going to do something, he thought it needs more thought and consideration and he would not be able to vote for it this year. qb — le o MrVVr&5 Regular Andover City Council Meeting -7 o if 7 Minutes —September S, 2006 Page 10 Councilmember Trude indicated she is also against this because of the safety issue for the children. She thought three months was too long to allow a hunt to happen especially with children going to school and walling in the area. Councilmember Orttel stated there are two problems he has. In the discussion most of it had to do with_the technicalities of how they could fit hunting into 2.5 acre areas and he thought this was foolish because half the city does this and they have done it for thirty years or more and there has never been a problem of any type. The issue is if there is a problem, no one is addressing. the problem. The neighborhood came to them indicating there was a problem and asking for a solution. He stated he was surprised there was no other way than to harvest the deer. He was also surprised they would use shot guns in Ham Lake because he was told they did not. He stated there is a problem that ought to be addressed before it gets worse. Mayor Gamache felt they need more information before they either approve or deny the change. He was not ready to go ahead with a vote to say no to make a change. Councilmember Trude stated the reason she made the motion to deny was because the people have been disturbed in their neighborhood with the information that deer hunting may happen in their neighborhood and they are concerned about everything the Council has heard about and she did not see that postponing this decision will give them the ability to go home and relax and not worry. She counted twelve people that spoke against it and she has had phone calls and emails from others opposing this. She stated if this is postponed to get more information, the implication is this may happen and the residents will need to stay tuned and she felt this is not a good way to leave all the people that came to the meeting. Motion failed to deny the change on a 2 ayes, 3 nays (Knight, Gamache, Orttel). Mayor Gamache stated there have been no changes to the ordinance so hunting is still not allowed in that area. Councilmember Knight stated feeding the deer did not do them or the public any good because it is encouraging the deer to be around and gather and cause problems. CONSIDER NOVEMBER BALLOT QUESTION— OPEN SPA CEREFERENDUM City Administrator Dickinson explained an Andover Council 2005 -2006 goal is to explore open space preservation. Questions relative to open space were integrated into the recent community survey conducted by Decision Resources, Inc., which indicated that there is strong support for the City to purchase open space for the purpose of preservation. The survey also indicated that residents would be supportive of an increase in property taxes to support open space preservation in the amount of $20.60 on an annual basis. zbo sin - I Of C1 NDO � F t5 J � 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 MAIN (763) 755 -5100 FAX (763) 755 -8923 • WWW.CLANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator Will Neumeister, Community Develop ent Directorz FROM: Andy Cross, Associate PlannerAM SUBJECT: Public Hearing/Ordinance Amendment/Deer Hunting Regulations - Planning DATE: September 5, 2006 INTRODUCTION Council is considering adopting a change to the Firearm/Bow Discharge Map, which illustrates where hunting and shooting activities may take place in the City. DISCUSSION Several property owners in the Prohibited Zone have requested that their land be placed in Restricted Zone 2, which would allow them to hunt deer with bow & arrow on their property. Their properties are in the R -1 zoning district, which means they are at least 2.5 acres and have private wells and septic systems. The area to be added would be north of Andover Boulevard between Prairie Road and University Avenue (see attachment). Council may consider adding conditions to the Ordinance approval that would require safety and courtesy measures to be taken under consideration, such as shooting only from elevated deer stands and requiring permission from adjacent property owners. Space has been included on the attached Ordinance Amendment to include conditions. ACTION REQUIRED The Council must decide whether or not to change the boundaries of the Prohibited Area on the Discharge Map. If the Council approves this map ordinance amendment, then final changes will be made to the official map on file at the City. Respectfully submitted, Attachments Ordinance Amendment Andy City Code 5 -4 "Discharge Ordinance" Current Discharge Map J Discharge Map with Proposed Change CITY OF ANDOVER �o F COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: CITY CODE TITLE 5: POLICE REGULATIONS CHAPTER 4: WEAPONS Section 5 -4 -1 (E) (1): PERMIT TO HUNT DEER The map referenced in this paragraph shall be changed. The area east of Prairie Road NW and north of Andover Boulevard NW shall be removed from the Prohibited Area and placed in the Restricted Area. See Exhibit A. WHEREAS, the City Council has heard a request to remove the area north of Andover Boulevard NW and east of Prairie Road NW from the Prohibited Area of the Firearm/Bow Discharge Map referenced in Section 5 -4 -1 of the City Code and place it in the Restricted Area; and, WHEREAS, the City Council has held a Public Hearing pursuant to the requirements of the City Code; and, J NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees to change the borders of the Prohibited Area of the Firearm/Bow Discharge Map subject to the following conditions: 1) Bows must be used from an elevated deer stand. 2) Hunters must have the permission of all adjacent property owners. Adopted by the City Council of the City of Andover on this 5 day of September, 2006. CITY OF ANDOVER Michael R. Gamache, Mayor ATTEST: Vicki Volk, City Clerk ��1 ~ ........- ...,,""".. ..'".,......~ ..~~...._'..... """"._u eJ .......'.....~ ..,,-...... . .....,.~ . ..~,.... 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'ji0 tl: ~~&.~ Ii'" ~i e:g~,t;;';~~ : .," .$ ~ " -Ii' Q- " w~~~ :.E~ ., s.~ ~.!.~"i ::0", i&.s~=!= u "" ~~ 0 '" n i.~ I (l!'O~'@ 'Il~ O<<;"tlIoO~'C'g 5 " aU :::.~ ~ji.! ,,0 005 "g-S i ~Il):~ a:l . 0" ~ .!:6 t!~ Ci"'!i~ 8~ ~~ .5:a:a 5.~]:5 . . d VL^J 3 8 CI 'if H 88 10 MO 8 IL^J ClV 3 CI 1.:1 038 0 dO Cld 5 - of q CHAPTER 4 WEAPONS SECTION: 5-4 -1: Discharge Of Weapons 5 -4 -1: DISCHARGE OF WEAPONS: A. Definitions: The following definitions shall apply in the interpretation and enforcement of this section: BOW: All long bows used for target and hunting purposes as regulated and defined by Minnesota Statutes Chapter 97B. FIREARM: Shotguns and pellet weapons, whether CO2 or pneumatic powered. HANDGUN: A hand held weapon with a rifled barrel and discharging a single shot or pellet at a time. IMMEDIATE FAMILY: All persons related to the landowner that shall include the children, grandchildren and their spouses. RIFLE: A shoulder weapon with a long bored barrel or barrels and discharging a single shot or pellet at a time. SHOTGUN: A shoulder weapon with a smooth bored barrel or barrels and normally discharging more than one pellet at a time, except when using a single slug. (Amended Ord. 240, 10 -6- 1998, eff. 1 -1 -1999; amd. 2003 Code) B. Compliance With Provisions: No person shall discharge at any time a firearm or bow upon or onto any land or property within the city except as provided by this section. C. Prohibited Discharges: 1. No person shall discharge a firearm within five hundred feet (500') of 1 any residence or a bow within one hundred fifty feet (150') of any 6 61P9 residence. 2. No person shall discharge a firearm or bow on public property owned or operated by the city, county, state or school district. 3. The discharge of a rifle or handgun utilizing a solid projectile shall not be allowed within the city. D. Permitted Discharges; Restrictions: 1. Written permission by the property owner shall be given to any person prior to the discharge of a firearm or bow on his /her property. 2. When recreational target shooting is conducted, the projectile shall be directed at a target with a backstop of sufficient strength and density to stop and control the projectile. 3. When discharging a firearm or bow, the projectile shall not carry beyond the property line. (Amended Ord. 240, 10 -6 -1998, eff. 1 -1- 1999) J E. Permit To Hunt Deer: 1. Permit Required: An individual annual or seasonal permit is required by the city for the discharge of firearms for the purpose of hunting deer with a shotgun (slug only) in designated areas of the city as shown on the map attached to Ordinance 240 which ordinance is on file in the office of the City Clerk for public use and inspection. Said map and the language contained and stated on the map shall become part of this section. Discharge of firearms in these areas requires a city permit and shall occur no closer than one - quarter (1/4) mile from any urban development, park or institutional use. (Amended Ord. 240, 10 -6 -1998, eff. 1 -1 -1999; amd. 2003 Code) 2. Consent Of Property Owners: A request for such permit shall be accompanied by written permission from fifty percent (50 %) or more of the adjacent landowners. 3. Time Limit On Acquiring Permit: Permits shall be obtained from the city thirty (30) days prior to the opening day of firearm deer season as established by the Minnesota Department of Natural Resources. 4. Conditions Of Issuance: Such permit shall only be issued under the terms consistent with this section and all applicable state and federal laws and regulations concerning the hunting of deer via firearm. J laic 9 IJ F. Exemptions From Provisions: 1. The provisions of this section shall not apply to the discharge of firearms, rifles or handguns when done in the lawful defense of persons or property. No part of this section is intended to abridge the constitutional right to keep and bear arms. 2. The City Council may approve an exemption to this section to allow the discharge of firearms and bows for the sole purpose of managing and controlling wildlife populations, provided the hunt has received the support from the Minnesota Department of Natural Resources. G. Violation; Penalty: Any person who violates any provision of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished according to state law. (Amended Ord. 240, 10 -6 -1998, eff. 1- 1 -1999) J nom C IT Y OF NDOVE: 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor & Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Supplemental Agenda Items for September 5, 2006 City Council Meeting DATE: September 5, 2006 The City Council is requested to receive the following supplemental information. Consent Items Item #14a. Award Bids - Surplus Equipment (Supplemental) - Finance Discussion Items Item #15. Public Hearing/Ordinance Amendment/Deer Hunting Regulations (Supplemental) — Planning (Additional Letter received) 14941 Butternut St. NW C � 0-F Andover, MN 55304 September 2, 2006 Andover City Council: I strongly urge you to NOT amend City Code, Title 5, Chapter 4 to allow further bow hunting in the proposed area. I live in that area. I enjoy the deer in my yard since the city has developed so much that it has destroyed their natural habitat. But it is really a question of safety. Please check with the city of Plymouth as it recently CLOSED its city owned archery range due to safety issues. Yes, we have two and one -half acre lots and larger, but some homes are still close and the deer can be between houses. Compound bows will travel a significant distance and I don't believe there is any licensing necessary to shoot a bow. Also, it would greatly upset me to see a wounded deer in my yard. In that case, I would call the city and expect them to provide veterinary services for the animal. I will not allow hunters on my property. I do not want zealous hunters shooting anything in my yard. Sincerely, /J Jean Carlstrom I T Y O F 1DOVE 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 Administrato Will Neumeister, Community Development Director FROM: Courtney Bednarz, City Planne4 SUBJECT: Consider Two Year Time Extension/Timber Trails 2 °d Addition - Planning DATE: August 17, 2010 INTRODUCTION Landmark Community Bank is seeking a time extension to extend the approval of this plat for two more years. DISCUSSION The site of the approved Timber Trails 2 °d Addition Plat has been purchased by the bank that initially financed the project. Background The final plat was approved September 4, 2007. The preliminary and final plat resolutions are attached. State law protected the terms of approval for two years as shown in the attached excerpt of State Statute 462.358. A one year time extension was approved last year to extend the approval through September 1, 2010. Changes in City Regulations Since Approval The only changes to the City Code that would affect this plat are the park dedication and trail fees. ACTION REQUESTED The Council is asked to consider the proposed time extension for Timber Trails 2 nd Addition. Attachments Proposed Resolution Previous Extension Resolution R066 -09 Final Plat Resolution R123 -07 Preliminary Plat Resolution R099 -07 Applicant's Letter State Statute Excerpt Location Map Final lat R e Kitted, e Cc: Jerry Moynagh Landmark Community Bank 711 6 Avenue NE P.O. Box 250 Isanti, MN 55040 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES NO. A RESOLUTION GRANTING A TWO YEAR TIME EXTENSION OF THE APPROVED FINAL PLAT FOR TIMBER TRAILS 2' ADDITION WHEREAS, a final plat for Timber Trails 2 Addition was approved by the City Council on September 4, 2007; and WHEREAS, the subject property has since been purchased by Landmark Community Bank; and WHEREAS, Landmark Community Bank has requested a time extension to complete the approved plat; and NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Andover hereby approves a two year time extension to complete Timber Trails 2nd Addition subject to the following: 1. The plat shall be completed in conformance with Resolutions R123 -07 and R099 -07. 2. Landmark Community Bank either assuming the development agreement entered into by the original developer or entering into a new development agreement acceptable to the City Attorney. 3. Park dedication and trail fees shall be paid at the rate in effect at the time the plat is recorded with Anoka County. Adopted by the City Council of the City of Andover this _ day of September, 20_ ATTEST: CITY OF ANDOVER Michelle Hartner, Deputy City Clerk Michael R. Gamache, Mayor CITY OF ANDOVER ® COUNTY OF ANOKA STATE OF MINNESOTA RES NO. R066 -09 A RESOLUTION GRANTING A ONE YEAR TIME EXTENSION OF THE APPROVED FINAL PLAT FOR TIMBER TRAILS 2 ADDITION WHEREAS, a fmal plat for Timber Trails 2 nd Addition was approved by the City Council on September 4, 2007; and WHEREAS, the subject property has since been purchased by Landmark Community Bank; and WHEREAS, Landmark Community Bank has requested a time extension to complete the approved plat; and NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Andover hereby © approves a one year time extension to complete Timber Trails 2nd Addition subject to the following: 1. The plat shall be completed in conformance with Resolutions R123 -07 and R099 -07. 2. Landmark Community Bank either assuming the development agreement entered into by the original developer or entering into a new development agreement acceptable to the City Attorney. Adopted by the City Council of the City of Andover this 1 n day of September, 2009. TTTEST:- M Mk elle Harmer, Deputy City Clerk CITY OF ANDOVER ael R. Gam' e, Mayor E N —5,�- CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO R123 -07 A RESOLUTION APPROVING THE FINAL PLAT OF "TIIVMER TRAILS 2ND ADDITION" ON PROPERTY LOCATED IN SECTION 5, TOWNSHIP 32, RANGE 24 LEGALLY DESCRIBED AS: That part of the following described tract lying in the southwest quarter of the northwest quarter of Section 5, Township 32, Range 24, described as follows: That part of the East 1584 feet of said South Half of the Northwest Quarter lying South of a line drawn parallel to the North line of said South Half of the Northwest Quarter of Section 5, and distant 770 feet South from said North line, except road. WHEREAS, the City Council has approved the preliminary plat of the project to be known as "Timber Trails 2nd Addition"; and WHEREAS, the property owners have presented a final plat of Timber Trails 2nd Addition; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the final plat of Timber Trails 2nd Addition contingent on the following: 1. The plat shall conform to the final plat stamped received by the City of Andover on August 27, 2007 and shall be subject to all of the conditions of the Preliminary Plat Resolution 099 -07. 2. Approval of the plat is contingent upon staff review and approval for compliance with City ordinances, policies, and guidelines. 3. Plat approval is contingent upon a development agreement acceptable to the City Attorney. A financial guarantee will be required as a part of this agreement to assure all of the subdivision improvements will be completed. 4. Prior to recording the final plat for Timber Trails 2 Addition, the developer shall be required to install eight (8) spruce trees on the lot located at 17697 Tulip Street NW to help screen headlights from 177 ' Avenue, or submit a $2,500 escrow with the City for the installation. Adopted by the City Council of the City of Andover this 4 day of September, 2007. ATTEST: Victoria Volk, City Clerk CITY OF ANDOVER ,Michael R. Gamache, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA. RES. NO 099 -07 A RESOLUTION APPROVING THE PRELRA NARY PLAT OF "TIMBER TRAILS 2ND ADDITION" ON PROPERTY LOCATED IN SECTION 5, TOWNSHIP 32, RANGE 24 LEGALLY DESCRIBED AS: That part of the following described tract lying in the southwest quarter of the northwest quarter of Section 5, Township 32, Range 24, described as follows: The east 1584 feet of said northwest quarter lying south of a line parallel with and 770 feet south of the north line of said southwest quarter of the northwest quarter; except road and subject to easements of record. And that part of the southeast quarter of the northwest quarter of Section 5, Township 32, Range 24, lying south of the north 770 feet thereof, except road and subject to easements of record, Section 14, Township 32, Range 24, Anoka County, Minnesota. WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and WHEREAS, pursuant to published and mailed notice thereof, the Planning Commission has conducted a public hearing on said plat, and; WHEREAS, as a result of such public hearing, the Planning Commission recommends to the City Council the approval of the plat, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby approves the preliminary plat subject to the following conditions: 1. The Preliminary Plat shall address all comments from the Engineering department and Community Development before grading may commence. 2. The Preliminary Plat shall address all comments from the Andover Parks and Recreation Commission as approved by the City Council. 3. The developer shall pay a Park Dedication Fee of $15,090 and also a Trail Fee of $3,672. 4. The developer obtains all necessary permits'from the Coon Creek Watershed District, DNR, Corps. of Engineers, LGU, MPCA, Anoka County Highway Department and any other agency that may be interested in the site. 5. The developer shall be responsible for the cost of construction of all improvements proposed as a part of the preliminary plat. 6. Such plat approval is contingent upon a development agreement acceptable to the City Attorney. A financial guarantee will be required as a part of this agreement to assure all of the subdivision improvements will be completed. i XJ 7. The developer shall be responsible for improvements to the intersection of Tulip Street (CSAH 58) and the proposed 177' Avenue required by the Anoka County Highway Department. 8. Prior to final plat approval the developer shall install eight (8) spruce trees on the lot located at 17697 Tulip Street NW to help screen headlights from 177`" Avenue. 9. Council retains the right to reconsider the trail location at final plat. Adopted by the City Council of the City of Andover this P day of July, 2007. ATTEST: E 0& Victoria Volk, City Cleric CITY Ke 761 D. Orrtel, Acting Mayor _4(�_ L A LANDMARK Community Bank August 9, 2010 711 61h Avenue NE. P.O. Box 250 14150 St. Francis Blvd NW 1048 Meadowlands Drive Ste 100 Isanti, MN 55040 Ramsey, IN 55303 White Bear Township, MN 55127 phone 763 -444 -5528 phone 763 -712 -1277 phone 651 -653 -0768 Mr. Courtney Bednarz City Planner The City of Andover 1685 Crosstown Boulevard NW Andover, MN 55304 2n p Re: Jesh peat- Timber d A d itio n rails � u Fn To Whom it may concern: Please be advised that Landmark Community Bank N.A., as the owner of the property located at "Timber Trails 2 Addition" of which has a plat presently pending, is requesting that the City of Andover extend the time frame for the completion of the project for two years from the date of the acceptance of this request. Should there be any paper work necessary to complete this request we would ask for your assistance in directing that paper work to us. Should you have further questions please tact me directly at 763 - 444 -7730. Jerome W. Moynagh VP Commercial Lending 14150 St Francis Blvd NW Ramsey, MN 55303 FDIC I MEMBER I w ww landmark- bank.net LENDER State Statute Excerpt MINNESOTA STATUTES 2008 462.358 462.358 OFFICIAL CONTROLS: SUBDIVISION REGULATION; DEDICATION. Subd. 3c. Effect of subdivision approval. For one year following preliminary approvaland for two years following final approval, unless the subdivider and the municipality agree otherwise, no amendment to a comprehensive plan or official control shall apply to or affect the use, development density, lot size, lot layout, or dedication or platting required or permitted by the approved application. Thereafter, pursuant to its regulations, the municipality may extend the period by agreement with the subdivider and subject to all applicable performance conditions and requirements, or it may require submission of a new application unless substantial physical activity and investment has occurred in reasonable reliance on the approved application and the subdivider will suffer substantial financial damage as a consequence of a requirement to submit a new application. In connection with a subdivision involving planned and staged development, a municipality may by resolution or agreement grant the rights referred to herein for such periods of time longer than two years which it determines to be reasonable and appropriate. Subd. 4. [Repealed, 1982 c 415 s 3]. i C 1vLo Y E Incorporated 1974 Timber Trails 2nd Addition - - - -- - 3746 3694 3638 ci 3911 18072 18071 "— Q 3691 3639 3950 ''CBS 17987 3804 1600 18006 `-86T A 1 7958 / 1g)) 9V -- M M 17940 17sS> J 17935 F- 17919 17 922 CO N 17900 3851 17883 �- 1 7822 1 7806 r 17754 yeas �F inter st owned theme o 1 7761 / Timber Trail 3847 3795 19 — + 17662 N a7ss1 17661 ' 17615 F _ 17617 3824 N i O 17621 17581 17573 17574 17575 17548 17541 17525 17526 17527 �- 17522 17501 U ='CZ-5 -MAV - -- — 3561 3521 3568 3520 M 17757 17752 17731 17726 17697 17708 17641 17642 17619 17620 3545 17590 17 17541 N 17538 M rH A � F 17525 347 = Subject Property r % � Location Map N W- � E s `- o i I I 1 avow Almf=! CQ —Je hN':52i "o € y R 60=03 Sll1SA3 e r A 4 Cow m w A.VxN m AY2Yl5 in= � u 2 sa $ UU V U � $ 51 _J 3 s g �R•Gp 2 €rtpgg .n ggyypp � a,„ s � - 1 € ___ as. _ -- q � C1 I S R �& ___________ ____� ! 14,.,lyfie L 1 5 - U 1 1 t ^J r "ti:Y e Sh4la° s N C I� r K $ L� e l l 5 — l! 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'ss ;a' p's_ ,' n � '5 $ F � . y p a .S � t 1 3 ♦^ wp -2 Eel ji TTY0 F )OVE. 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: FROM: SUBJECT: DATE: Mayor and Council Members Jim Dickinson, City Administrator Schedule September Council Workshop August 17, 2010 INTRODUCTION (D The Council is requested to schedule a Council Workshop for the month of September for a number of miscellaneous business items. DISCUSSION Potential agenda items for a general September workshop have been identified as follows: 1. Bus Tour ? ? ?? 2. Community Center 2011 Proposed Budget Presentation 3. Discuss City Newsletter Options 4. 2011 -2015 Capital Improvement Plan Discussion 5. 2010 Budget Implementation Progress Report — Focus on 97% Directive 6. 2011 Budget Development Discussion 7. Preview 2011 Preliminary Tax Levy Presentation 8. Other Topics Other items may be added upon Council request or operational need. ACTION REQUIRED Schedule a September Council workshop a suggested date is September 28 at 6:00 p.m., or another date and time acceptable to the Council. . 1 F NIDOVE / 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: FROM: SUBJECT: DATE: Mayor and Councilmembers Jim Dickinson, City Administrator Administrator's Report August 17, 2010 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. DATE Auqust 17, 2010 ITEMS GIVEN TO THE CITY COUNCIL • July 2010 Building Dept. Report PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA. THANK YOU. VAN CITY OF ANDOVER 2010 Monthly Building Report TO: Mayor and City Council FROM: Don Olson JULY BUILDING PERMITS Permit/Plan Tax Total Valuation 4 Residential $ 11,528.86 $ 493.00 $ 12,021.86 $ 986,000.00 Single Family 3 6,941.61 283.50 7,225.11 567,000.00 Septic 1 4,587.25 209.50 4,796.75 419,000.00 Townhome - - - - 2 Additions 1,394.41 30.30 1,424.71 60,600.00 Garages - - - - 1 Basement Finishes 100.00 5.00 105.00 - 1 Commercial Building 7,686.94 400.00 8,086.94 800,000.00 Pole BldgsBams - - - I Sheds 116.57 1.05 117.62 2,100.00 2 Swimming Pools 191.70 3.90 195:60 7,800.00 Chimney /StovelFireplace - - - 2 Structural Changes 308.39 4.90 313.29 9,800.00 2 Porches 535.75 8.65 544.40 17,300.00 8 Decks 867.50 13.60 881.10 27,200.00 - Gazebos - - - - - Repair Fire Damage - - - - 11 Re -Roof 825.00 55.00 880.00 - 6 Siding 450.00 30.00 480.00 - - Other - - - - - Commercial Plumbing - - - - 2 Commercial Heating 468.76 7.20 475.96 14,400.00 1 Commercial Fire Sprinkler 25.00 0.65 25.65 1,300.00 1 Commercial Utilities 1,270.09 34.00 1,304.09 68,000.00 1 Commercial Grading 895.54 20.00 915.54 40,000.00 45 Total Building Permits $ 26,664.51 $ 1,107.25 $ 27,771.76 $ 2,034,500.00 PERMITS Permit/Plan Tax Total Fees Collected 45 Building Permits $ 26,664.51 $ 1,107.25 $ 27,771.76 Ag Building - - Curb Cut - - Demolition - - - Fire Permits - - - Footing Renewal - Moving - 46 Heating 3,690.00 230.00 3,920.00 5 Gas Fireplaces 450.00 25.00 475.00 22 Plumbing 1,780.00 110.00 1,890.00 128 Pumping 1,920.00 - 1,920.00 - Septic New - - - 1 Septic Repair 75.00 75.00 4 Sewer Hook -Up 100.00 10.00 110.00 4 Water Meter 200.00 - 200.00 2 Sewer Change Over/Repair 100.00 10.00 110.00 - Water Change Over I - - - 19 Sac Retainage Fee 39,900.00 - 39,900.00 4 Sewer Admin. Fee 60.00 - 60.00 6 Certificate of Occupancy 60.00 - 60.00 4 License Verification Fee 20.00 - 20.00 - Reinspection Fee - - - 14 Contractor License 700.00 700.00 4 Rental License - Single 200.00 - 200.00 2 Rental License - Multi 150.00 150.00 Health Authority - - - 310 TOTALS $ 76,069.51 $ 1,492.25 77,561.76 $ 2,034,500.00 Total Number of 1lomes YTD 2010 45 Total Number of Homes YTD 2009 22 Total Valuation YTD 2010 $ 11,483,907.81 Total Valuation YTDI 1 2009 $ 6,325,932.00 Total Building Department Revenue YTD 2010 $ 255,735.65 Total Building Department Revenue YTD 2009 $ 158,819.35 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 August 17, 2010 City Council Meeting DATE: August 17, 2010 The City Council is requested to receive the following supplemental information. Agenda Item #1. Minutes Discussion Items Item #8. Anoka County Sheriff's Dept. Monthly Report (Supplemental) — Sheriff submitted, %X&bop 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, August 17, 2010 Call to Order — 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (7/20/10 Workshop, 7/20/10 Closed, 8/4/10 Regular, 8/4/10 Closed) Consent Items 2. Approve Payment of Claims — Finance 3. Declare Surplus Material /Sand - Engineering 4. Approve City Code Amendment/Changes to the Wind Turbine Ordinance - Planning 5. Amend Community Center Fees /Fee Ordinance No. 377 — Community Center 6. Approve 2011 Anoka County Sheriff's Contract — Administration 7. Approve Contract for School Liaison/Anoka- Hennepin School District #11 - Administration Discussion Items 8. Anoka County Sheriffs Department Monthly Report— Sheri 9. Consider Special Bow Hunting Request for Smith's Rolling Oaks Neighborhood - Planning 10. Consider Two Year Time Extension/Timber Trails 2 " Addition — Planning Staff Items 11. Schedule September Workshop Meeting - Administration 12. Administrator's Report -Administration Mayor /Council Input Closed Session — Public Works Union Negotiations Update Adjournment 08116/2610 09:07 7637674679 CITY OF ANDOVER -.TULY 2010 ANOKA CO SHER PATROL ITEM ,1111;'4' JUNE YT.D 2010 JULY YTD 2009 Radio Calls 1,066 946 5,906 5,495 Incident Reports 874 858 5,706 6 3 266 Burglaries 14 8 50 59 Theflz 59 64 333 314 Crim Sec Cond. 3 2 12 _ 19'T Assault 5 8 45 45 Darn to Prop 35 30 153 153 Har Comm 10 10 84 77 Felony Arrests 5 3 22 33 - - 11 GM Arrests 2 2 9 ~ Msd Arrests _ 22 46 270 284 DUI Arrests 9 11 74 89 Domestic Aar. 3 9 M_ 39 46 Warrant Arr. 8 1.1. 65 72 Traffic Arr. 160 1.59 1,357 1,609 DUI OFFENSES: DAY OF Sunday Monday Tuesday Wednesday Thursday Friday Saturday WEEK: TIME: 02:30 01:25 01:29 00:07 00:07 00:13 00:22 01 :43 02:34 08/16/2010 09:07 7637674679 ANOKA CO SHER PATROL PAGE 03103 CITY OF ANDOVER —JULY 2010 COMMUNITY SERVICE OFFICER REPORT ITEM JULY JUNE YTD 2010 JULY VTD 2009 Radio Calls 85 124 712 861 Incident Reports 80 135 718 558 Accident Assists 2 1 24 54 Vehicle Lock Out 20 24 145 171 F..xtra Patrol 453 390 1,676 1,425 House Checks 1 0 6 6 Taus. Checks 10 5 44 231 Animal Compl. 34 51 245 286 Traffic Assist 3 9 69 .98 Aids: Agency 125 186 969 11333 Aids: Public 21 29 206 316 Paper Service 0 0 18 14 inspections 0 0 0 3 1 10rdinance Viol- 5 4 24 4