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CC - March 15, 2011
NAD 06 WE 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, March 15, 2011 Call to Order — 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (3/1/11 Regular) Consent Items 2. Approve Payment of Claims — Finance 3. Award Contract/11 -14 /Tower #1/Painting & Rehabilitation - Engineering 4. Approve Playground Equipment Purchase /Timber Trails Park & Nordeens Park — Engineering 5. Approve Quote /11 -22 /Andover YMCA/Community Center Shelter — Engineering 6. Approve Agreement with Anoka County /Andover Community Center as a Mass Dispensing Site — Fire 7. Approve Resolution Adopting an Amended Assessment Repayment Schedule /Project 02 -33 Andover Station North/1851 Bunker Lake Blvd NW - Administration Discussion Items 8. Anoka County Sheriff s Department Monthly Report — Sheri 9. Public Hearing Vacation of Easement/Lot 6, Block 1, Timber River Estates - Planning 10. Consider Conditional Use Permit, /Outdoor Storage /ABC Mini Storage, 13624 Hanson Blvd - Planning 11. Consider Recommendation for Appointment/Coon Creek Watershed District Vacancies — Engineering 12. Consider Resolution Supporting Recommendations Relating to the Coon Rapids Dam, as Approved by the Coon Rapids Dam Commission — Administration Staff Items 13. Schedule April EDA Meeting - Administration 14. Schedule April Council Workshop - Administration 15. Administrator's Report -Administration Mayor /Council Input Adjournment ANLb 6W^� 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.AN DOVER. MN. US TO: Mayor and City Council CC: Jim Dickinson, City Administrator FROM: Michelle Hartner, Deputy City Clerk SUBJECT: Approval of Minutes DATE: March 15, 2011 INTRODUCTION The following minutes were provided by TimeSaver for City Council approval: March 1, 2011 Regular DISCUSSION The minutes are attached for your review. ACTION REQUIRED The City Council is requested to approve the above minutes. Respectfully submitted, Michelle Hartner Deputy City Clerk Attach: Minutes 1 2 3 4 5 6 REGULAR ANDOVER CITY COUNCIL MEETING — MARCH 1, 2011 7 MINUTES 8 9 10 The Regular Bi- Monthly Meeting of the Andover City Council was called to order by Mayor Mike 11 Gamache, March 1, 2011, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, 12 Andover, Minnesota. 13 14 Councilmembers present: Sheri Bukkila, Don Jacobson, Mike Knight, Julie Trude 15 Councilmember absent: None 16 Also present: City Attorney, Scott Baumgartner 17 Director of Public Works /City Engineer, Dave Berkowitz 18 City Administrator, Jim Dickinson 19 Others 20 21 22 PLEDGE OFALLEGL4NCE 23 24 25 SPECL4LPRESENTATION— ANOKACOUNTY RECORDS MANAGEMENTSYSTEM 26 27 Captain Wells and Andover Fire Chief, Dan Winkel requested the Council's support for the 28 Records Management System. Chief Winkel noted this system will support the police and fire 29 departments within the County. Anoka County Attorney, Tony Palumbo was present at the 30 meeting to introduce himself to the Council, provide a presentation on the Anoka County 31 Records Management System and request the City Council to consider a resolution of support for 32 the ongoing special legislation that funds the system. Mr. Palumbo noted he is also Chair of the 33 Anoka County Joint Law Enforcement Council. He reviewed the proposed project of upgrading 34 the County's computer system. A video showing how the current system operates was shown. 35 36 Police Chief, Chris Olson from the Blaine Police Department addressed the Council and 37 emphasized the importance of sharing information between departments. He noted there are two 38 phases of the project. He noted an estimate of the cost is $3.5 to $5.5 million and they are not 39 seeking any additional funding from Cities for this project. 40 41 Fridley Police Chief, Don Abbott reviewed the cost that would be shared throughout the County. 42 The Anoka County Board would issue bonds and payment for bonds for this project would begin 43 in 2013. This project will have a line item on the property tax statement and he gave an example 44 on a $200,000 house the cost would be approximately $7.00. This bond will not exceed $12.5 45 million. 46 47 County Attorney Palumbo requested Council pass a resolution in support of the project. 48 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 Regular Andover City Council Meeting Minutes March 1, 2011 Page 2 Mayor Gamache asked if the original piece of legislation is being extended with a few word changes. He noted Andover's State Representatives are co- authors of the legislation supporting the project. Councilmember Bukkila commended the speakers on pulling this together and combining the jurisdictions. Motion by Bukkila, Seconded by Trude to approve a resolution of the City of Andover supporting a County wide integrated public safety information system and legislative changes necessary to allow the use of specific bonding authority provided in Minnesota Statue 383E. Councilmember Jacobson asked why the bond is needed for the new program. Mr. Palumbo stated the present system being used does not unify the records across departments. They are wanting to upgrade the system so all departments have access to the same records. The flow of information would be smoother and more error free. Fridley Police Chief Abbott stated the system currently has fragmented information and the same information needs to be typed numerous times. Councilmember Jacobson referred to 1.21 —1.23 portion of the legislation. Kate McPherson, with the County Attorney's Office, stated one of the concerns the County Board had were wanting the Cities to have input in joint projects. The $12.5 million ceiling will be included. Ms. McPherson stated they want the amounts to be there for future shared service projects. Councilmember Jacobson stated he has concerns with having such a high amount. Councilmember Knight asked if this is funding for technical rather than processes. Ms. McPherson stated it is a technical project. Each city will decide how the tool is utilized. Councilmember Trude stated she also had some reservations, but now knowing how closely the Police and Fire Chiefs are tied to the Cities, the Joint Law Enforcement Council provides a benefit to all the Cities. She thanked the attendees for their presentation. Mayor Gamache commended the Joint Law Enforcement Council and all the Police and Fire Departments on working together for the benefit of Anoka County. Mayor Gamache noted he sits on the Joint Law Enforcement Council. Motion carried unanimously. (See Resolution R019 -11) RESIDENT FORUM Eric Kohnke, 921 158' Avenue NW, asked regarding Agenda Item #9, if the next step was to go to public hearing or will it be voted on tonight. He asked that Item #9 be postponed until after the March 28h court date of a current assessment appeal. His concern is Statute 429 provides only 4 votes are needed. Mayor Gamache stated Agenda Item #9 only covers the road and how 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 Regular Andover City Council Meeting Minutes —March 1, 2011 Page 3 much the City would finance. AGENDA APPROVAL Mayor Gamache noted Item #3 and Item #4 the actual bids were received and Item #10 has a resolution added. Motion by Jacobson, Seconded by Knight, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OFMINUTES February 15, 2011, Regular Meeting. Councilmember Trude made the following corrections: Page 2 Line 27, inserting two words "Bunker Lake Boulevard and stated many of the road "requests regarding" projects within the City have been put off. Page 2 Line 29, delete "there by" and "done" "She also requested the County allow landscaping along Hanson... ". Page 3 Line 21, delete "the streets ", insert 148' Lane, directly south of Andover Elementary ". Page 4, Line 30, add a comma after the word "volume ". Page 5, Line 44, insert "on the south side of 148`" Lane ". Councilmember Jacobson made the following correction: Page 2, Line 44, change the word "their" to "its ". Motion by Knight, Seconded by Jacobson, to approve the minutes as amended. Motion carried unanimously. February 15, 2011, Closed Meeting: Councilmember Jacobson questioned Page 1 Line 29 ... remove "jury". Page 1, Line 33 — details are how the road was done Page 2, Line 11, pay to install the sewer pipe 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 Regular Andover City Council Meeting Minutes —March 1, 2011 Page 4 Motion by Jacobson, Seconded by Trude, to approve the minutes as amended. Motion carried unanimously. CONSENT ITEMS Item 2 Approval of Payment of Claims Item 3 Award Bid/11- 4/2011 Seal Coating (Supplemental) (See Resolution R020 -11) Item 4 Award Bid /11- 5/2011 Pavement Markings (Supplemental) (See Resolution R021- 11) Item 5 Approve Change Order #1/08 -8 /Sunshine Park Skateboard Facility (See Resolution R016 -11) Item 6 Approve Feasibility Report/Order Public Hearing /10 -30 /Crosstown Drive NW Reconstruction (See Resolution R017 -11) Item 7 Approve Hold Harmless & Easement Encroachment Agreement/15154 Verdin Street NW Reconstruction Item 8 Approve Final Plat/Woodland Estates 5t' Addition (See Resolution R018 -11) Motion by Jacobson, Seconded by Bukkila, approval of the Consent Agenda as read. Motion carried unanimously. CONSIDER APPROVING AMENDED ASSESSMENT MANUAL (POLICIES AND PROCEDURES GUIDE) Mr. Berkowitz explained the City Council is requested to consider approving the amendments to the Assessment Manual (Policies & Procedures Guide) to address how improvements to existing gravel roads would be assessed. Proposed changes to the Assessment Manual that would allow the City Council to approve a 50% assessment rate based on total project cost were included. The revision also identifies criteria that the City Council can consider to determine if the petitioned project is viable and should be partially funded by the City's Road & Bridge Fund. Mr. Berkowitz further explained the annual cost for the City to maintain gravel roads is close to the same as paved roads. For gravel roads there is dust control which is sprayed once during the summer, grading the road which occurs 4 to 5 times per year and reshaping (adding additional class 5) which occurs approximately once every 4 years. For a paved surface the maintenance items include crack seal and seal coat once every 8 years and annual sweeping costs. Although the annual maintenance cost may be similar, the long term replacement cost is not. The current policy is 25% of the roadway reconstruction is assessed to benefitting properties and the remaining cost is funded by the City. Gravel roads do not have a replacement cost. The City Council is requested to consider approving the amended Assessment Manual (Policies & Procedures Guide). Regular Andover City Council Meeting Minutes —March 1, 2011 Page 5 1 Councilmember Trade stated she has a concern that under the law residents still have the opportunity 2 to petition and pay 100 %. City Attorney Scott Baumgartner submitted amended language. 3 4 Mayor Gamache stated we would still want a petition from Flintwood Street requesting the project. 5 Councilmember Trade asked if those residents would be invited to a public hearing. Mayor 6 Gamache stated a letter would be sent to the residents and a petition would still be needed. 7 8 Councilmember Jacobson stated this is the same as Statute 429. Mayor Gamache stated the 9 residents can petition and if City funding is not available the residents could pay 100 %. 10 11 Mr. Berkowitz read the proposed wording change written by Mr. Baumgartner. 12 13 Councilmember Knight asked if it was one landowner would it be 50 -50. Mr. Berkowitz stated 14 that would be the Council's discretion. 15 16 Mr. Baumgartner inserted "upon petition of all property owners ". 17 18 Mayor Gamache stated if the Council agrees they would pay up to 50 %. 19 20 Councilmember Bukkila stated she would not want to approach residents with an offer and then 21 reconsider. Councilmember Trade stated she feels the new wording is better. 22 23 Motion by Trade, Seconded by Knight, to amend the manual with the handwritten proposal 24 drafted by the City Attorney. 25 26 Councilmember Jacobson suggested this be tabled and sent back to staff for review and 27 modification and brought back to the next meeting. 28 29 Councilmember Trade stated she has no problem with the wording that is proposed. 30 31 Councilmember Jacobson stated he has a problem with number 1. 32 33 The wording suggested by the City Attorney was as follows: 34 35 "Improvements to existing gravel roads may either be initiated by the City Council or upon 36 petition of all property owners abutting the existing gravel road. 37 38 1. If the City Council proposes to improve the existing gravel road, all properties benefitting 39 from said improvements shall be assessed for 50% of the project costs under methods of 40 assessment. 41 42 2. If improvements are initiated by neighborhood petition, the City Council will determine 43 whether the City will participate in a 50150 cost share of the project with the 44 neighborhood. Said determination shall be based upon consideration of the following: 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 Regular Andover City Council Meeting Minutes —March 1, 2011 Page 6 • Role street serves to the surrounding area/community. • Budget impact to the Road & Bridge Fund. • No more than one mile of improvement for any given year. • Other similar projects are planned in the general vicinity of such project for that construction season. Mr. Berkowitz stated the Genthan Ponds is an alternate bid with another bid which is scheduled for award on April 4, 2011. The gravel road residents would be advised of the new policy and a meeting would be held with the neighborhood. The neighborhood would then need to petition. The Council would then make a decision on what the City's portion would be. Motion carried 4 ayes, 1 nay (Jacobson). CONSIDER APROVAL OF BOND SALE - $265,000 G.O. EQUIPMENT CERTIFICATE, SERIES 2011A Mr. Dickinson reviewed the City Council is requested to approve the sale of $265,000 General Obligation (G.O.) Equipment Certificates, Series 2011A to provide financing for equipment purchases that were approved as part of the 2011 City of Andover Operating Budget and 2011- 2015 Capital Improvement Process (CIP). Mr. Dickinson reviewed the events that led to the approve bond sale request. The Council is requested to approve the resolution providing for the issuance and sale of $265,000 G.O. equipment certificates, series 2011A and levying a tax for the payment thereof. Motion by Jacobson, Seconded by Trude, to adopt the resolution providing for the issuance and sale of $265,000 G.O. Equipment Certificates, Series 2011A and levying a tax for the payment thereof. Motion carried unanimously. (See Resolution R022 -11) SCHEDULE MARCH EDA MEETING Mr. Dickinson requested the Council schedule an Economic Development Authority (EDA) meeting at 6:00 p.m. before the March 15, 2011 City Council Meeting. Motion by Trude, Seconded by Bukkila, to schedule an EDA Meeting at 6:00 p.m. before the March 15, 2011 City Council Meeting. Motion carried unanimously. 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 Regular Andover City Council Meeting Minutes —March 1, 2011 Page 7 ADMINISTRATOR REPORT City Staff updated the Council on the administration and city department activities, legislative topics, update on development/CIP projects and meeting reminders. Mr. Dickinson noted they are planning a new look for the City website. Councilmember Trude requested a different font be used which is easier to read. Mr. Berkowitz stated staff continues to work on pothole patching. He stated the Mississippi and Rum Rivers have potential for flooding. The City is prepared with pumps available. If sand bags are needed the City has bags and sand. Mayor Gamache noted those properties along the Rum River were notified the City would not be available to help with sand bagging. Mr. Dickinson provided a report on the Anoka County HRA CDBG grant reviews. Andover is in line to receive a $100,000 grant. Mr. Dickinson stated there are 8 new homes to date being constructed in the City. MAYOR/COUNCIL INPUT (Speed Limit on Crosstown Drive) — Mayor Gamache requested staff look at lowering the speed limit on Crosstown Drive. (Home Improvement Show) — Mayor Gamache noted the Home Improvement Show will be March 19th, 20119 a.m. — 3 p.m. at the Community Center. (LMC Legislative Conference) — Councilmember Trude asked if any of the Councilmembers are planning to attend the LMC Legislative Conference. Mr. Dickinson noted Governor Dayton has been invited to attend, but is not yet confirmed. (Death of Brooklyn Park Mayor) — Mayor Gamache announced the Mayor of Brooklyn Park, Steve Lampi passed away. Motion by Jacobson, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting adjourned at 8:45 p.m. Respectfully submitted, Debbie Wolfe, Recording Secretary Regular Andover City Council Meeting Minutes —March 1, 2011 Page 8 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — MARCH 1, 2011 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE .......................................................................... ............................... 1 SPECIAL PRESENTATION — ANOKA COUNTY RECORDS MANAGEMENT SYSTEM (See Resolution R019 -11) ........................................................................... ............................... 1 RESIDENTFORUM ....................................................................................... ............................... 2 AGENDA APPROVAL ................................................................................... ............................... 3 APPROVALOF MINUTES ............................................................................ ............................... 3 CONSENTITEMS .......................................................................................... ............................... 4 Item 2 Approval of Payment of Claims .................................................... ............................... 4 Item 3 Award Bid /11- 4/2011 Seal Coating (Supplemental) (See Resolution R020-1 1) ......... 4 Item 4 Award Bid /11- 5/2011 Pavement Markings (Supplemental) (See Resolution R021 -11) ....................................................................................................... ............................... 4 Item 5 Approve Change Order #1/08 -8 /Sunshine Park Skateboard Facility (See Resolution R016 -11) .............................................................................................. ............................... 4 Item 6 Approve Feasibility Report/Order Public Hearing/10 -30 /Crosstown Drive NW Reconstruction (See Resolution R017- 11) ........................................... ............................... 4 Item 7 Approve Hold Harmless & Easement Encroachment Agreement/15154 Verdin Street NW....................................................................................................... ............................... 4 Item 8 Approve Final Plat/Woodland Estates 5h Addition (See Resolution R018- 11) ........... 4 CONSIDER APPROVING AMENDED ASSESSMENT MANUAL (POLICIES AND PROCEDURES GUIDE) ............................................................................ ............................... 4 CONSIDER APROVAL OF BOND SALE - $265,000 G.O. EQUIPMENT CERTIFICATE, SERIES 2011A (See Resolution R022- 11) ................................................. ............................... 6 SCHEDULE MARCH EDA MEETING ......................................................... ............................... 6 ADMINISTRATOR REPORT ........................................................................ ............................... 7 MAYOR/COUNCIL INPUT ........................................................................... ............................... 7 (Speed Limit on Crosstown Drive) .............................................................. ............................... 7 Home Improvement Show ...................... 7 (LMC Legislative Conference) .................................................................... ............................... 7 (Death of Brooklyn Park Mayor) ................................................................. ............................... 7 ^ 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 Directc FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Payment of Claims DATE: March 15, 2011 INTRODUCTION Attached are disbursement edit lists for claims related to the on going business of the City of Andover. DISCUSSION Claims totaling $111,327.10 on disbursement edit list #1- 3 from 03103/11— 03/11/11 have been issued and released. Claims totaling $801,814.57 on disbursement edit list 44 dated 03/15/11 will be issued and released upon approval. BUDGET RVIPACT 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 $913,141.67. Please note that Council Meeting minutes will be used as documented approval. Respectfully submitted, Lee Brezinka Attachments: Edit Lists O N �1 U W 0 4 O C� U �U Y U U U a a N N O O P � N ti wr a a 0 L w 0 a d e z U ai 0 z b U w U V) N N N N N O p O O O O O O p'M M M M M O x<rd•�d•v� U rl rl - �U. 0 0 0 0 c, 0 0 0 0 U O O O O O O a 0 .nl v rW z r H t O q b p p N U O per, CL N v �z a too � to m u CJm Q U g U U Cl O O O O O p O O O O O O � O lq N 00 d• �o GD N N r 4\ 0 p 0 0 0 M M M g 0 0 0 0 0 0 0 z b L1 U d N h V'1 Vl O V'1 O Vl Vl O O N��N O 0 0 0 0 0 0 0 0 0 &0 0 0 0 0 0 0 0 0 U 00 OO 00 00 00 07 00 00 00 x 'T'T1 d �rv<ry 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 U �o �D io \D �o l0 \D �o �o ON N N N N N N N NO 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 (D n n0 - -.fir 000 NNE 00m V'm Oi N cV N�o N M %D It 00 \D O O\ cq N M pa. C) b ti q o � � o � y0 V .'r r' . 1 N _��'D� DP.c� �Y p�.p� � o as°.°^ nwpw v(jF ocGac -'.o � a�mU 0 �0 'y '. 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N 1 H O 0 0 0 0 a U U a O U �a W. y N O O ON N N N U > ai a�i El O O O O o O U 0 o �w C> b� OO �� \ oE- � O 3 W � O O Vl V'1 � ONO VMl l� O O 00 00 •--� N V1 M M O O M M � -'Q > W AAF � b N W O Do x U x 0 LP U � YY F P. N 1 H O 0 0 0 0 a U U a O U �a W. y N ctl U [ fn ° � �' Y U > ai a�i El v° P ^ y m ° U 0 o �w d0 Caz � O 3 0 3 U a a, 0 4A 3 0 w'0o odo �3c°��n0 o ^o � -'Q > UOF AAF V1 N Q U � U � F�y1 W N r4 r-1 O �1 O /4 M n °O N ON ON i b G b ❑ r- ' 6-00 'o 6O > > > N -8P > W W W 00 N W O Do x U x 0 LP U � YY F P. N 1 H O 0 0 0 0 a U U a O U �a W. 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 CC: Jim Dickinson, City Administrator FROM: David D. Berkowitz, Director of Public Works /City Engineer SUBJECT: Award Contract /11- 14/Tower #1/Painting & Rehabilitation - Engineering DATE: March 15, 2011 INTRODUCTION The City Council is requested to consider awarding the contract for Project 11 -14, Tower #1/Painting & Rehabilitation. DISCUSSION The City Council is requested to consider awarding the contract at the City Council Workshop scheduled for March 29, 2011 for Project 11 -14, Tower #1/Painting & Rehabilitation. The bid opening is scheduled for March 17, 2011. Bid results will be provided at the March 29, 2011 City Council Workshop. BUDGET IMPACT The estimated project cost (design and construction) is $650,000 and will be funded by the Water Trunk Fund. ACTION REQUIRED The City Council is requested to consider awarding the contract for Project 11 -14, Tower #1/Painting & Rehabilitation at the City Council Workshop scheduled for March 29, 2011. Respectfully submitted, David D. Berkowitz cc: Dan Zienty, SEH 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755 -5100 FAX (763) 755 -8923 9ZWW.ANDOVERMN.GOV TO: Mayor and Council Members CC: Jim Dickinson, City Administrato David D. Berkowitz, Director of Pub 1 orks /City Engineer FROM: Todd J. Haas, Asst. Public Works Director SUBJECT: Approve Playground Equipment Purchase/Timber Trails Park & Nordeens Park - Engineering DATE: March 15, 2011 INTRODUCTION The City Council is requested to approve the purchase of playground equipment for Nordeen's and Timber Trails Park. DISCUSSION Based on direction from the City Council Workshop meeting of January 25 (see attached), staff based on neighborhood input for each park has selected equipment, consistent with previous equipment replacements and budget, for Nordeen's and Timber Trails Parks. Attached for your review is the playground equipment that is recommended at each park along with the quotes received from Minnesota Wisconsin Playground. The quote also includes the purchase of a couple spring rides at each park (the existing spring rides at each park are in need of replacement). There are existing climbers at each park that will be refurbished by the Parks Maintenance crew and a new sand box with a new digger (currently in stock at Public Works) will be installed at Nordeen's Park. New swings will also be installed at each park. Labor for the installation of the playground equipment and all other work will be completed by certified installers that currently work in the Public Works Park Maintenance Department. Note: These two parks are the same parks that were planned to be updated with new equipment back in 2010 but it was delayed to help fund Hawk Ridge Park improvements. The two parks are identified in the 2011 -2015 CIP. BUDGET IMPACT $45,000 has been budgeted for the purchase of the both playgrounds (equipment is $37,898.97). The remaining funds will be used for chips (fall zones), concrete access walkways and borders. ACTION REQUIRED The City Council is requested to approve the purchase of playground equipment for Nordeen's and Timber Trails Park. Mayor and Council Members March 15, 2011 Page 2 of 2 Respectfully submitted, Todd J. Haas Attachments: 2011 CIP, January 25, 2011 Council workshop minutes (page 7), Colored drawings of equipment, Aerial photo of the layout of each park, Quote from MN -WS Playground, - a-- 9 U r i Capital Plan City of Andover, MN Project# 11- 45000 -01 Project Name Replace/Repair Play Structures - Various Parks 2011 thru 2015 Type Improvement Department Park & Rec - Operations Useful Life 10 Years Contact DPW / City Engineer Category Park Improvements Priority 1 -High Description Repair to fall zones and achieve ADA accessibility. Replacement of playground equipment and other major replacements, such as short fences on ball fields, soccer goals, and any area of play that does not meet safety specifications. The proposed rebuilds are as follows: 2011 - Nordeens &Timber Trails 2012 - Pleasant Oaks Park &Woodland Meadows Park 2013 - Green Acres Park & Northwoods East Park 2014 - Langseth Park & Andover Lions Park equipment no longer meets ADA requirements, such as entrapments, fall zones and handicap accessibility. Working to bring the parks up to t all safety requirements. Expenditures 2011 2012 2013 2014 2015 Total Equipment 45,000 45,000 45,000 45,000 45,000 225,000 Total Total 45,000 45,000 45,000 45,000 45,000 225,000 Funding Sources 2011 2012 2013 2014 2015 Total Capital Projects Levy 45,000 45,000 45,000 45,000 45,000 225,000 Total 45,000 45,000 45,000 45,000 45,000 225,000 maintenance and will meet all safety 37 �3- Andover City Council Workshop Meeting Minutes January 25, 2011 Page 5 Councilmember Bukkila suggested adding information to the newsletter rega ' train t�,-and why they are at certain crossings longer. Mr. Dickinson s ' e would researcGt 's, but would ask Ms. Leibfried to submit some mat ' S. Councilmember Bu ointed out there is rti on the Coon Creek underpass where the park trail goes through a ked can be done about that. Mr. Berkowitz acknowledged kids do congrega taff has worked with the County Sheriff's office to get more patrols e. Mr. Dickinso_D,� he would work to increase police presence. thanked Mr. Hamel and Ms. Leibfried for their time and the PLAYGROUND EQUIPMENT REPLACEMENT Mr. Berkowitz noted there is a significant amount of playground equipment that should be replaced. Some of the playground equipment needs replacing due to the obvious wear. In 1999, the Park and Recreation Department received a consultant recommendation the City put money aside for playground equipment replacement. This recommendation was based on a 15 to 20 year time frame at the time. Changes in safety, ADA requirements, deterioration, and vandalism play a role in timing of replacing equipment. The annual funding program started in 2000 and has allowed the City to address all of these issues. Kevin Starr, Park Maintenance Supervisor, explained the process of determining which playground equipment needs replacement. The Staff is not pulling equipment that does not need to be removed. Equipment is being pulled due to safety concerns. He noted there are 38 structures that will ultimately need replacing, and if the staff continues at the pace it is going, the first round will be done in four years. The City has difficulty in taking care of what is out there with just maintenance and replacement. Councilmember Trude commented Timber Trails seems to be in a neighborhood where the children are too old for the equipment at the park. She said she doesn't see younger kids in the neighborhood. Also, the kids seem to use the play sets in the back yards instead of the park. Mr. Starr agreed this is one of the more underutilized parks. The ball field and soccer field do not get used much, but it is scheduled by the Associations. Councilmember Bukkila asked about the inventory and if the parks are getting the same consistent structures. She asked if there are smaller accessories that could be used instead of a large structure or a new park. I Li Andover City Council Workshop Meeting Minutes January 25, 2011 Page 6 Mr. Starr answered they are looking at the state of the equipment to determine replacement. His department is on track for keeping up with putting in safe structures, they try to be consistent with the replacements. Mayor Gamache suggested the City no longer build one acre parks. The property becomes the City's and the City has to maintain it. Councilmember Knight commented the dilemma is in the demographic information. Parents aren't letting their kids out as much anymore, and there is a safety factor. Mr. Starr agreed that the parks are mostly used for organized sports. There are many indoor games and sports. Ted Butler, Park & Recreation Commission Chairman, noted all parties agree that the maintenance needs to be done frugally. He discussed the demographics. New homeowners may prefer to keep a play structure even if the previous homeowners didn't use it. Mr. Butler noted if a park is removed and there is a vacant lot, it may deter younger families from buying in that neighborhood. Mr. Starr said they have been focusing on ages 2 to 12 in the parks they have been refurnishing lately. Councilmember Bukkila suggested putting in a blacktop surface at some of the parks. She mentioned the idea of creating a menu list of items for the public to choose from for installation when adding or reconstructing in a park. Councilmember Jacobson raised the idea of having the Park and Recreation Commission look at an overall plan and develop objectives, and determine what needs to be done to each park. Mr. Butler agreed this overall philosophy for the parks would be helpful. One of the challenges is working within the CIP. It would be helpful to have more discussion in regard to the dollars that are being used for improvements. Mr. Dickinson commented there is value in having a developed park rather than abandoning a park in a neighborhood. Developers and Builders see value in having a nearby park. If there is an area of starter homes, there will be families. Mr. Butler posed the question of how to get more use out of the parks. Most of the use is organized athletic associations. Mr. Dickinson brought up the possibility of the Park Commission conducting a "Decision Resources" community survey regarding parks. He said this would cost about $12,000. A recommendation for a survey could be brought forward by the Park Commission for discussion. This gathering of community information could start an overall philosophy on repairing parks. _S - Andover City Council Workshop Meeting Minutes January 25, 2011 Page 7 Mr. Butler suggested notifying the area around a park when and why a park is being pulled and asking what should replace that park. Councilmember Trude recommended Mr. Starr bring forth to the Council a proposal for replacement of the two parks that are scheduled for replacement this year. Mr. Berkowitz summarized the City Council's direction as follows: Staff will revisit the park dedication study; the Park and Recreation Commission will come up with a philosophy on how park replacement and renovations for rural and urban parks are done; a survey by the Park and Recreation Commission will be sent out to the neighborhood; a replacement recommendation from the Park and Recreation will go to the City Council; City Council will approve. FENCE PERMITTING DISCUSSION directed by the Council Mr. Berkowitz presented examples of particular lots that cou be impacted by allowing fences in drainage and utility easements. He provi scenari of situations where fencing has encroached the drainage utility ease nts in ponding o wetland areas. He said it is very difficult to get back to the dr 'age areas for maintenance. Councilmember Ja bson asked how often Staff needs to us a access to these areas. Brian Kraabel, Utilitie anager, answered it depends o e situation. Councilmember Trude asked w t gets clean . Mr. Kraabel explained sludge and silt are cleaned to help prevent the pon and etlands from being choked out. Mr. Berkowi/movable explained o in tration design criteria is put into place access will be more and encro ents o the easements will be a bigger problem. Fences need outsid a wetland area Fences on the back of the property restricts the pa ent's access to work ound these ponds. Councilmemson suggested putting up a gate o allow access, or possibly a split rail fence witable section. Mr. Berkowitz res nded if that is allowed, the homeowners lieve they can use the property rig up to the fence. There must be room to�Kring in equipment. Co member Trude said there is confusion because people be% r ri , and it is theirs on the deed. Mr. Berkowitz stated the City h nderlying easement. The City is responsible to ensure the storm properly. IC - there is a property ghts of the tksystem functions 'c 2; N a, s rn c L W a� U) c Ti v+ N m C E i l0 C a � L °J v a a a .a d N N Y V U ~ N CC C �ct: d L c c m F" Cn U v+ N m C E i l0 C a � L °J v a a a G. IV � d Z� 3 v LE v 0 cr �c d C L a° o L N N G N �v d F-' Q L N .D E v �0 L a� 6. m 3 a, Qf v m d c c w d N N 7 L F� U t/9 3 LL G. IV � d Z� 3 v LE v 0 cr �c d C L a° o L N N G N �v d F-' Q L N .D E v �0 L a� 6. m 3 a, Qf v m d c c e Av s Y CL 4 ti 0 UC br :�rii: '�ii3 m N N N O a a d L O T C m w m W d L_ N y J O C a_ J 0 L y J 0 } T c O R m a c o ° N N ° C ° O j E°a CD 0 V U N N h N y y ay� O) J ¢ "tea° C ti C O Q ° O m _� €EU c0 y C � L H N H Q N � Ewa v C y N ° O�8 Iirl�SQt U�/ISCOi'1S�f� Minnesota / Wisconsin Playground W 5101 Highway 55, Suite 6000 QUOTE Golden Valley, Minnesota 55422 #4088 Ph.800- 622 -5425 1763-546-7787 Fax 763 - 546 -5050 1 info @mnwiplay.com 03/04/2011 Nordeen's Park City of Andover Ship To Zip: 55304 Attn: Kevin Starr 1685 Crosstown Blvd Andover, MN 55304 Fax: (763) 755 -8923 kstarr @ci.andover.mn.us Quantity Description, Unit Price Amount 1 178749 GameTime - Owner's Kit $44.00 $44.00 1 11863 GameTime - PrimeTimeStraitaway $19,522.00 $19,522.00 - Palette: Spring 1 360 GameTime - Swampy Only $683.00 $683.00 1 4893 GameTime - "C "Spring -Loose Fill $180.00 $180.00 1 359 GameTime - Frog Only $683.00 $683.00 1 4893 GameTime - "C "Spring -Loose Fill $180.00 $180.00 Contract: USC SubTotal: $21,292.00 Discount: ($4,961.44) Tax: $1,214.67 Freight: $1,337.40 Total Amount: $18,882.63 This quotation is subject to polices in the current Gametime Park and Playground catalog and the following terms and conditions. Our quotation is based on shipment of all items at one time to a single destination, unless noted, and changes are subject to price adjustment. Purchases in excess of $1,000.00 to be supported by your written purchase order made out to Gametime, c/o Minnesota/Wisconsin Playground. Pricing: fo.b. factory, firm for 30 days from date of quotation. Payment terms: payment in full, check submitted with order Exclusions: unless specifically included, this quotation excludes all site work and landscaping; removal of existing equipment; acceptance of equipment and off - loading; storage of goods prior to installation; equipment assembly and installation; safety surfacing; borders and drainage provisions. Order Information: Bill To Company: Attn: Address: City, State, Zip: Contact: Tel: Fax: Ship To: Project Name: _ Attn: Address: City, State, Zip: Contact: Tel: Fax: Page 1 of 2 —9- � � d M .� � � � E � \ \�f m� k7 0.- •§ E c � P� � & � ■� J� \�T-1 C \N H ■ % 6 � arel \� ew 0-- � \ « % < \� % <«Z� �7 e � G � « \\ e t $/ - \0 - ve 1 li M L w Minnesota / Wisconsin Playground �1/i11`lt' esopt� '1 IS�C■�OwI `sin 5101 Highway 55, Suite 6000 V i IQID Golden Valley, Minnesota 55422 Ph. 800 - 622 -5425 1763-546-7787 Fax 763-546-50501 info @mnwiplay.com Timber Trails Park City of Andover Attn: Kevin Starr 1685 Crosstown Blvd Andover, MN 55304 Fax: (763) 755 -8923 kstarr@ci.andover.mn.us QUOTE #4087 03/04/2011 Ship To Zip: 55304 �Qtmntity: Part 1 9- Description unit Price Amount 1 178749 GameTime - Owner's Kit $44.00 $44.00 1 359 GameTime - Frog Only $683.00 $683.00 1 4893 GameTime- "C "Spring -Loose Fill $180.00 $180.00 1 11793 GameTime - PrimeTime Recess Ridge $18,953.00 $18,953.00 - Palette: Flashy 1 388 GameTime - Duck Assembly $683.00 $683.00 1 4893 GameTime - "C "Spring -Loose Fill $180.00 $180.00 1 396 GameTime - Mini Bike Assembly $683.00 $683.00 1 4892 GameTime - Rubber Spring S/M $197.00 $197.00 Contract: USC SubTotal: $21,603.00 Discount: ($4,965.68) Tax: $1,223.27 Freight: $1,155.75 Total Amount: $19,016.34 This quotation is subject to polices in the current Gametime Park and Playground catalog and the following terms and conditions. Our quotation is based on shipment of all items at one time to a single destination, unless noted, and changes are subject to price adjustment. Purchases in excess of $1,000.00 to be supported by your written purchase order made out to Gametime, c/o N innesota/Wisconsin Playground. Payment terms: payment in full, check submitted with order. Shipment: order shall ship within 30-45 days after GameTime's receipt and acceptance of your purchase order, color selections, approved submittals, and receipt of deposit, if required. Exclusions: unless specifically included, this quotation excludes all site work and landscaping; removal of existing equipment; acceptance of equipment and off - loading; storage of goods prior to installation; equipment assembly and installation; safety surfacing; borders and drainage provisions. Page 1 of 2 Q- - -O �(. a. �?J- 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.AN DOVE RMN.GOV TO: Mayor and City Council —� CC: Jim Dickinson, City Administrator David D. Berkowitz, Director of Public /City Engineer FROM: Todd J. Haas, Asst. Public Works Director SUBJECT: Approve Quote /11 -22 /Andover YMCA/Community Center Shelter - Engineering DATE: March 15, 2011 INTRODUCTION The City Council is requested to approve the quote for the installation of the Community Center Shelter, Project 11 -22. DISCUSSION Attached is the quote received from Minnesota Wisconsin Playground for the purchase of the shelter. The cost of the shelter is as follows: Shelter: $12,930.00 Structural Engineers Certification: $ 1460.00 Tax: $ 1147.44 Estimated Freight: $ 2300.00 Total Amount: $17,837.44 Additional estimated costs are as follows: Concrete for footings, slab and sidewalks: $12,000.00 Building permit: $ 600.00 Staff will be obtaining quotes for the cost of the concrete and present them at a future council meeting. The Public Works Department staff will be constructing the shelter. The shelter needs to be done and ready for use by the Andover YMCA before school is out on June 9th. The Public Works Department staff will also prepare grading of the site and do the restoration once the shelter is completed. BUDGETIMPACT The budget is $35,000. The City will be responsible for purchasing the shelter and concrete. The Andover YMCA will reimburse the city for the cost of these improvements. Mayor and Council Members March 15, 2011 Page 2 of 2 ACTION REQUIRED The City Council is requested Shelter, Project 11 -22. Respectfully submitted, Todd J. Haas to approve the quote for the installation of the Community Center Attachments: Quote from MN -WS Playground, Photo of shelter, Plan layout Cc: Art Tart, Andover YMCA (Copy Hand Delivered) -a. - M, a o, ,a, � W Sales Rep: Harlan Lehman City of Andover Attn: Todd Hass 1685 Crosstown Blvd Andover, MN 55304 thass @ci.andover.mn.us Minnesota / Wisconsin Playground 5101 Highway 55, Suite 6000 Golden Valley, Minnesota 55422 Ph. 800 - 622 -5425 763 - 546 -7787 Fax 763 -546 -5050 1 info @mnwiplay.com 20' z 40' shelter QUOTE #4090 03/07/2011 Ship To Zip: 55304 1 Shelters - 20'x 40' Laminated Gable End $12,930.00 $12,930.00 Shelter, 4:12 Roof Pitch, 7'6" Eave Height, Steel Standard Mount columns, 412" x 6" T and G Roof Decking, 30 year Certain Teed Landmark Architectural Shingles 1 Engineering Shelters - Seals, footings & calculations $1,460.00 $1,460.00 Contract: USC SubTotal: $14,390.00 Tax: $1,147.44 Estimated Freight: $2,300.00 Total Amount: $17,837.44 This quotation is subject to polices in the current Gametime Park and Playground catalog and the following terms and conditions. Our quotation is based on shipment of all items at one time to a single destination, unless noted, and changes are subject to price adjustment. Purchases in excess of $1,000.00 to be supported by your written purchase order made out to Gametime, c/o N innesota/Wisconsin Playground. Submittals: our design proposal reflects the spirit and intent of the proj ect plans and specifications. While some variations may exist between our quotation and the project design, the differences do not materially affect the intended use. GameTime designs and specifications are unique and not intended to be identical m all respects to other manufacturers. We shall submit for review and approval by the owner's representative detailed drawings depicting the equipment to be furnished accompanied by specifications describing'materials. Once approved these drawings and specifications shall constitute the final documents for the project and shall take precedence over all other requirements. Exclusions: unless specifically included, this quotation excludes all site work and landscaping; removal of existing equipment; acceptance of equipment and off - loading; storage of goods prior to installation; equipment assembly and installation; safety surfacing; borders and drainage provisions. Order Information: Bill To: Company: Attn: Address: City, State, Zip: Contact: Tel: Fax: Ship To: Project Name: _ Attn: Address: City, State, Zip: Contact: Tel: Fax: Page 1 of 2 -3- -as - ... _ .i •• . Ar lz �. r'- x i a IIJ,,. +h -tom S _. r _ s T T T 175 SF 20' 140' 1 SHELTER 2'x521 SLAB (1661 SF) 220 SF CONCRETE: 2354 SF X $5.00 /SF = $11,770 rn N H. \Engineering \City Projects \Open City Projects \04 -55 Public Works Expansion Phase 2\Drefting \Expansion \dwg \O✓ I It yqucdwg, 3/2/20113:37:10 PM, 120 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755 -5100 FAX (763) 755 -8923 • WWW.CLAN DOVER. MN. US TO: CC: FROM: SUBJECT: DATE: Mayor and Councilmembers Jim Dickinson, City Administrator Dan Winkel, Fire Chief A4). Mass Dispensing Site at Andover Community Center March 15, 2011 INTRODUCTION The Anoka County Community Health and Environmental Services Department has communicated to the Andover City Staff interest in using the Andover Community Center as a mass dispensing site for medication in the event of a public health emergency. DISCUSSION As part of the overall County Emergency Plan city staff has had discussions with the Anoka County Community Health and Environmental Services Department regarding the use of the Andover Community Center as a mass dispensing site. The Fire Chief /City Emergency Manager originally suggested to the County Health people that the Community Center would be a good site to provide dispensing for the cities in the western portion of the County. After evaluating and checking for available sites that could react fairly quickly, it was decided that the Andover Community Center would be large enough and convenient for the areas needed to be served. Currently the Blaine Sports Center has been established as the site for those who live in the eastern portions of Anoka County. BUDGET IMPACT There would be no immediate budget impact for the dispensing site. The County Health and Environmental Services Department will work with city staff to provide any additional equipment or gear that may be needed for the dispensing site. Most of the needs would center on tables and chairs as well as banner tapes for line security and organization. The County Emergency Manager has also committed resources on an as needed basis in the event of a county health emergency. RECOMMENDATION Staff is recommending that the Mayor and City Council approve the agreement for the Community Center to be used as an Anoka County Mass Dispensing site in the event of a public health emergency. Respectfully submitted, cL 047 ; 0 Dan Winkel, Fire Chief / Emergency Management Director - �L - COUNTY OF ANOKA COMMUNITY HEALTH & ANOKA ENVIRONMENTAL SERVICES DEPARTMENT u COUNTY Anoka County Government Center Public (763) 422 -6965 2100 P Avenue Fax (763) 422 -6957 Health Anoka, MN 55303 -6041 3/8/11 Andover Community Center Attn: Dan Winkel, Andover Fire Chief 15200Hanson Blvd. NW Andov r, MN/ 55304 N Dea ief Winkel: The purpose of this letter is to document the verbal agreement made between the Anoka County Community Health & Environmental Services Department and the Andover Community Center regarding the use of your facility as a mass dispensing site in the event of a public health emergency. A mass dispensing site is a location where medication (for example, antibiotics or vaccines) is provided to a large number of citizens within a short time period in response to a threat to the public's health. In the event Andover Community Center is needed for emergent use, we will notify your designated point of contact to request the use of the facility and to provide information about our specific needs. Compensation will be provided as outlined in state law. A more detailed written agreement will be drafted and presented for approval at the time of an incident requiring the use of the facility as a mass dispensing site. We are required to conduct a site survey every other calendar year as part of our ongoing emergency response planning. Mass dispensing site plans may also need to be tested through periodic exercises conducted at Andover Community Center. Every effort will be made to minimize the impact on day -to -day business and pre - planned events. We will coordinate arrangements for any on -site exercises in advance with your designated facility contact. Please sign both attached forms to indicate your willingness to be designated as a mass dispensing site. A facility copy will be provided for your records. If you have any questions please contact Lydia Sirucek at 763 - 422 -7026. Thank you for your continued support and participation in our community emergency preparedness planning. Sincerely, Marma McManus, Director Anoka County Community Health and Environmental Services Enclosures Ade ANOKA COUNTY We agree to be designated as a mass dispensing site in Anoka County and understand the following expectations: • Our facility will be available for use as a mass dispensing site in the event of a public health emergency, • Our facility may be used to conduct planned mass dispensing exercises, and • Our facility will allow a scheduled site survey every other year. ANDOVER COMMUNITY CENTER: Print Name Job Title Signature Date ANOKA COUNTY COMMUNITY HEALTH & ENVIRONMENTAL SERVICES DEPARTMENT: v�c-�r / Print Name Job Title 4_ Date d // A ANOKA COUNTY We agree to be designated as a mass dispensing site in Anoka County and understand the following expectations: • Our facility will be available for use as a mass dispensing site in the event of a public health emergency, • Our facility may be used to conduct planned mass dispensing exercises, and • Our facility will allow a scheduled site survey every other year. ANDOVER COMMUNITY CENTER: Print Name Job Title Signature Date ANOKA COUNTY COMMUNITY HEALTH & ENVIRONMENTAL SERVICES DEPARTMENT: Is Job Title Signature Date Is rl'6N b 6 W 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 Resolution Adopting an Amended Assessment Repayment Schedule for the Improvement of Project 02 -33 Andover Station North for site grading, sanitary sewer, water main, streets, storm sewer, and trails & sidewalks DATE: March 15, 2011 INTRODUCTION City Administration has been approached by Povlitzki Properties LLP, owners of PIN 34- 32 -24- 13 -0015 (1851 Bunker Lake Blvd. NW), that due to the current economic conditions they are requesting an amended assessment repayment schedule for assessments from Project 02 -33 Andover Station North. DISCUSSION Brad Povlitzki, President of Povlitzki Properties LLP, the owner of the property has communicated to City Administration they are committed to making the future payments, but due to current economic conditions is requesting an extension of the term and a deferment of the 2012 principal payment to the extended term. Administration is recommending the attached resolution be approved extending the term to thirteen (13) years and spreading the 2012 principal over the extended term. This recommendation is consistent with a previously approved amended assessment repayment schedule for Grey Oaks Inc. The outstanding principal not currently certified to Anoka County is $231,253.42. ACTION REQUESTED Approve the attached resolution, a Resolution Adopting an Amended Assessment Repayment Schedule for the Improvement of Project 02 -33 Andover Station North for site grading, sanitary sewer, water main, streets, storm sewer, and trails & sidewalks, and require Povlitzki Properties LLP sign a waiver of irregularities. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ADOPTING AN AMENDED ASSESSMENT REPAYMENT SCHEDULE FOR THE IMPROVEMENT OF PROJECT. 02 -33, ANDOVER STATION NORTH FOR SITE GRADING SANITARY SEWER, WATER MAIN, STREETS, STORM SEWER, AND TRAILS & SIDEWALKS. WHEREAS, the City Council adopted Res. No. 089 -07 on June 19, 2007. A resolution adopting the assessment roll for the improvement of site grading, sanitary sewer, water main, streets, storm sewer, trails and sidewalks for Project 02 -33 Andover Station North. WHEREAS, Povlitzki Properties LLP, owners of PIN 34- 32 -24 -13 -0015, and the City are in agreement that due to current economic conditions it is appropriate to amend the repayment schedule of the outstanding assessment roll for PIN 34- 32 -24 -13 -0015 adopted as Res. No. 089 -07. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed amended assessment terms, a copy of outstanding assessments which is attached hereto and made part hereof, is hereby accepted and shall constitute the amended special assessment payments against PIN 34- 32 -24 -13 -0015 named therein Res. No. 089- 07, and said tract of land is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments together with principal and accrued interest, extending over a period of 13 years, except for 2012 where only accrued interest will be paid. The first of the installments to be payable on or before the first Monday in January, 2008 and shall bear interest at a rate of 5.5 percent per annum from the date of the adoption of this assessment resolution (Res. No. 089 -07). 3. The owners, of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 15th day of March , 2011 , with Councilmembers Councilmembers ATTEST: Michelle Hartner - City Clerk voting in favor of the resolution, and voting against, whereupon said resolution was declared passed. CITY OF ANDOVER Michael R. Gamache - Mayor Ll a Od 9 i V U vai � O F dN O� m vmi v o d NIq a 0 N M N F » en v a M „d M P N N I V vs ss o m m va en v M h P V1 Vi 69 m a rmi N N h T Vi d3 0.r. w h m N b Vi h m ti di O n a r di c CO 6 O a O e d. v a :s F O N1 h V zF N Vi H 9 C i E V O 9 � L C �4 z' vs V M O b V M W N O V n b A M N Q v CIL .N- P W h °w a M ti zv r h a r O V3 V M N N a a .p a N Vi M a d g � .Nr d a R M d C � O 8d A � ro dN O� m vmi v o d NIq a 0 N M N F » en v a M „d M P N N I V vs ss o m m va en v M h P V1 Vi 69 m a rmi N N h T Vi d3 0.r. w h m N b Vi h m ti di O n a r di c CO 6 O a O e d. v a :s F O N1 h V zF N Vi H 9 C i E V O 9 � L C �4 z' vs V M O b V M W N O V n b A M N Q v CIL .N- P W h °w a M ti zv r h a r O V3 V M N N a a .p a CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA Agreement of Amended Assessment Repayment Schedule and Waiver of Irregularity and Appeal THIS AGREEMENT, is made this 15th day of March, 2011 between the City of Andover, State of Minnesota, hereinafter referred to as the City, and Povlitzki Properties LLP of Anoka County, State of Minnesota, hereinafter referred to as owner. In consideration of the March 15, 2011 action of the City Council, at the owner's request, to cause an amended assessment repayment schedule for the improvement of site grading, sanitary sewer, water main, streets, storm sewer and trails and sidewalks for project 02 -33 Andover Station North originally adopted by the City on June 19, 2007 (Res. No. 089 -07), the amended assessment repayment schedule and City of Andover resolution of approval is attached to this agreement and meets with the owner's approval. Owner expressly waives objection to any irregularity with regard to the said improvement assessments and any claim that the amount thereof levied against owner's property is excessive or otherwise not due and owing by Owner, together with all rights to appeal said improvement assessments. Brad Povlitzki Jim Dickinson, City Clerk Povlitzki Properties LLP City of Andover Notary block for Povlitzki Properties LLP: STATE OF MINNESOTA ) ss. COUNTY OF ANOKA ) I certify that I know or have satisfactory evidence that Brad Povlitzki is the person who appeared before me, and said person acknowledged that he /she signed this instrument, and on oath stated that he was authorized to execute the instrument and acknowledged it as the President of Povlitzki Properties LLP., a State of Minnesota limited liability partnership, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Notary Public Print Name My commission expires -Li - Notary block for City of Andover: STATE OF MINNESOTA ) ss. COUNTY OF ANOKA ) I certify that I know or have satisfactory evidence that Jim Dickinson is the person who appeared before me, and said person acknowledged that he signed this instrument, and on oath stated that he was authorized to execute the instrument and acknowledged it as the City Clerk of the City of Andover, a municipal corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Notary Public Print Name My commission expires -6- CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 089 -07 MOTION by Councilmember Trude to adopt the following: A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT _. 02 -33, ANDOVER STATION NORTH FOR SITE GRADING SANITARY SEWER WATER MAIN STREETS STORM SEWER. TRAILS & SIDEWALKS. WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a period of 8 years, the first of the installments to be payable on or before the first Monday in January, 2008 and shall bear interest at a rate of 5.5 percent per annum from the date of the adoption of this assessment resolution. 3. The owners, of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer. MOTION seconded by Councilmember Knight and adopted by the City Council at a regular meeting this 19th day of June , 2007 ,with Councilmembers Trude Knight Orttel Gamache Jacobson voting in favor of the resolution, and Councilmembers none voting against, whereupon said resolution was declared passed. CITY OF ANDOVER IT A ATTEST: chael R. Gam-ache - Mayor Victoria Volk - City Clerk { s aC Q (D E Oa v (% S N a J N m e O IL 9 LO �p r C N N co a d Nr Q. N K3 � N E M E co a U Gp co N N (fl Cq N 6) O h F � w Ul Kl W m :a m � v CL e ®. w y. i0 O � Z .y � w Z Z G 9 9 O � w O O (tl r P > Q d O Q C C ® r Q N aJ0 � f m EL LO �p r C N N co a d Nr Q. N K3 � N E M E co a U Gp co N N (fl Cq N 6) O h F � w Ul Kl W m :a m � v CL e ®. w y. i0 O � Z .y � w � O � r O C-4 ® r Q N C w3 s �LD COV CNO co 0 w O e �N � O = O M U to w N O N G N N N Ian Ld N (A tl N C G co m M O7 E m cor to 8; ® 10�. QU FA 64 N A7 N � N � CD L co a] r NN C? N NN O TY . N LO � Sg E S ,_ fA 4fl N 0 B. N N W N c co M M a O � 3 r T u7 � 0) d,I, N LO LO LO � 7B 0 Iz c EJ} fR 3 N E � � M C O cs W �c > O 00 (0 iA O N OD O r0. � Vr o z f0 (D N m V' M OLo co C14 td I— C7 C. Id N N N Id d co c o CO 0n0It00 w0 0 LO co CJ i- C)mpo W rm co O) Co CF O) (O I± N Ol W m hN cm (co C CO Cl) I�-N (NO B (h C1 N CII B H3 fA � fA 12 C e v O E �' NOOrN M Ict to C,ao-j OOr r r c-rr N N N N N N N N N O D VE 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: Commander Kevin Halweg — Anoka County Sheriff's Office SUBJECT: Anoka County Sheriff's Department Monthly Report - Sheriff DATE: March 15, 2011 INTRODUCTION Commander Kevin Halweg from the Anoka County Sheriffs Office will be present to provide the Council and the citizens of Andover with an update on law enforcement activities within the City. To be verbally presented. ACTION REQUIRED For Council information. Respectfully submitted, Commander Kevin Halweg Anoka County Sheriff's Office Attachment: February 2011 Monthly Report f DOVE-A 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWWW.CI.ANDOVER.MN.US TO: Mayor and Councilmember�s � CC: Jim Dickinson, City Adminllator Will Neumeister, Community De op ent Director FROM: Courtney Bednarz, City Planne SUBJECT: Public Hearing/Consider Vacation of Easement/Lot 6, Block 1, Timber River Estates- Planning DATE: March 15, 2011 INTRODUCTION The applicant is seeking to vacate a portion of an existing drainage and utility easement to allow more room for construction on the lot. DISCUSSION The Engineering Department has compared the existing easement with the 100 year flood elevation of the floodplain adjacent to the Rum River and determined that more easement exists than is necessary. The attached survey shows the area of the easement proposed to be vacated (crosshatched). Staff has evaluated the situation and determined there are no obstacles to vacating the drainage and utility easement. ACTION REQUESTED The Council is asked to hold a public hearing and approve or deny the proposed vacation of easement. Attachments Resolution Location Map Exhibit A ZE 3 Cc: Steven Bona, % Capstone Homes, (Suite #400) 14915 Sunfish Lake Blvd. NW, Ramsey, MN 55303; and Timothy Nelson, 2338 149th Avenue NW, Andover, MN 55304 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION GRANTING THE VACATION OF EASEMENT REQUEST OF TIMOTHY NELSON TO VACATE A PORTION OF THE DRAINAGE AND UTILITY EASEMENT AT 17068 BARIUM STREET NW (PIN 12- 32 -25 -23 -0008) LEGALLY DESCRIBED AS FOLLOWS: Lot 6, Block 1, TIMBER RIVER ESTATES, ANOKA COUNTY, MINNESOTA. WHEREAS, the applicant has requested to vacate a portion of a drainage and utility easement as indicated on Exhibit A, and; WHEREAS, the Engineering Department has determined that the proposed vacation of easement will not adversely affect the floodplain or drainage in the surrounding area; and WHEREAS, the City Council finds the request would not have a detrimental effect upon the health, safety, moral, and general welfare of the City of Andover; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants the vacation of the drainage and utility easement as indicated on Exhibit A. Adopted by the City Council of the City of Andover on this 15th day of March, 2011. CITY OF ANDOVER ATTEST Michelle Hartner, Deputy City Clerk Michael R. Gamache, Mayor 9 N&W- V Incorporated 1974 Location Map Lot 6, Block 1 Timber River Estates 17068 Barium Street NW ......... 17300 AVE.. J .. _ ._ .... 17264 / / 1]26] 1]248 !I .....17174 __.. 1]2]] 7 0'. 4967 / I y \ 17176 12N�gV� " O 4915 -77 — 171STAVE a I5240�\n _ 17096 I� 1 __... OL .....- ��� - .• / W48 4936 A _J% 3g 7j736' I gg..... /r.l... 5183 / 4998 /4908 ` 4893 5149 1,71SITAVE1- � 1707 9 11092 \ // 9069 �r m e s15a / s0jz 17065 I 17061 �� g / i� �... V, \" 1T051 170 L 17037 11033 \ `� 9038 i 1 17021 " 1 \ 17019: \ m ° 0 ... P- ._.. 4p2" \� ;bgg3= 0170041\ \` 16997 .' \ Oj0 5960 ��IH�N 16974 H 7jIII -1;'_ ].70 M 53 � 14 � 52]6 I 5234 .I p.... f. - .. _......� /......_ 111 / 16850 16853 Subject Property O 00 CD I N W- S N c - (0 0 3 M ..• o L N m O o N 3 0 m o -O v o a U U 0 C C W O -0 N O 41 Lo C v a = a Ol p N L O v O C C N ° w '- v p E� C ° 0 N E c u) N o m N v o G ° N i o v vLa o 3 m w Y N - N o a a c 0 °o E `o 0, U N n Z N ow H N v N N N L N w 0 o m N • - w a � c rn L r rn W O I, O 0 p c v � .• o 0'c OO N O p O m p 6), Z T U J o N N N L a 0.0 v U v N aci ' m M � L 0 O 0 N L `O 0 N U C O p O O U O N O 0 p N O •*'- � JLMJO_ N 0 0 W Q a O 0 O U m G N O X L O N 7• c — O O N O' ac E O N N .0 C N OQ l w C O a 0 v O n N o W 0- 1O OO mo O U N O U a C _ C N LvL 00 N a + 0 0 (3) C O 0 V) d' O E v (O + v p p c o v W 0 C J L U v� L a N Urn 0 O v E v Nv v 890 IL V _1 I I�Im 10i \\ �8\ 88 �, 888 I \ \ \ _ — — —s66 �g2 z 14 — h _ \ s \•.r _ 884 \ _ rnl _ 884 P -23- —MC[ ELEV:RiL 854/ Y -I_ \I\ 11;14 I ni \ , I \ / 1 I I I ` I I CP \ T, 866 a6� i i w .p� �O Q woos .00 I. I 1 I rn m rp 1 1 � 868 � \81 I I \ 6 _�cfl 862 d N \ro O r7 N In r 'y v- z a`oH i N m Fw- H Y W U OJ W m � O w m t= M ° /I � M \✓ iNN vy° �1 N =- i �4 5,1 E E v cQ�l 0 V) & s IS _0 I U N 1'��VY1' On c \.i M `t f M a a o a ` T .f- �9t N y °ow N n E° o 0 -0 0 cigv "< 6$$ m ooa i v u 46? NNN � O biC C $'v g AL i Ililllli IIv V y 'y v- a`oH A N rc o r, `I7--)v SURVEY _LINE 358 — 7-4 _ _ Law —_-- �\ _ _ _ U _— 4 _ —_ —__ — __ _-- -- _— - =N1 $---------------- _— _— _— _— _— _- _--_ —_ - -__j �1 -856 - -- _ - - —1' - H------ - -- _�- _- = ------- - - -- — 850 - - - -- J - - - - - - - -- - -- - -- ' � °' 85 VJ w `C3S7,,j I � I i � � z (� a RUM RIVER 8 w _w N AL i Ililllli ip ; -41 A • 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator Will Neumeister, Community Development Director FROM: Courtney Bednarz, City Planners SUBJECT: Consider Conditional Use Permit/Outdoor Storage /ABC Mini Storage /13624 Hanson Blvd. - Planning DATE: March 15, 2011 INTRODUCTION The applicant would like to utilize the open area along the west side of the site for parking of vehicles and trailers as a part of the business. Exterior storage in the Industrial Zoning District requires conditional use permit approval. The attached site plan and aerial photograph show the area proposed for this use. DISCUSSION City Code 12 -14 -6 B. provides the following criteria for granting conditional use permits: 1. In granting a Conditional Use Permit, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission and: a. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. b. Existing and anticipated traffic conditions, including parking facilities on adjacent streets and land. c. The effect on values of property and scenic views in the surrounding area, and the effect of the proposed use on the Comprehensive Plan. 2. If it shall determine by resolution that the proposed use will not be detrimental to the health, safety, morals, or general welfare of the community, nor will cause serious traffic congestion or hazards, nor will seriously depreciate surrounding property values, and that said use is in harmony with the general purpose and intent of this title and the Comprehensive Plan, the City Council may grant such permits. Conditional Use Permit Review As a part of this review the city compares the site conditions to the current requirements of the City Code. Due to the age of the facility (1985) and changes to the city's regulations over the years, there are a few items that are out of compliance with the current City Code. Operation of the Site The applicant will be present at the meeting to provide details on the way the site is operated. In discussions with the applicant, he indicated that security gates, cameras and lighting have been upgraded. Additionally there is an employee on site during the hours of operation which are from lam to 7pm. Access to the facility is not permitted after hours except on rare occasions by appointment. Outdoor Storage Area The area proposed for outdoor storage is partially gravel and partially lawn area nearer to Grouse Street NW. The applicant proposes to provide additional gravel to cover the proposed outdoor storage area. The asphalt area adjacent to the westerly storage buildings will remain open for patrons that utilize the spaces in those structures. City Code 12 -13 -8 requires parking and storage areas to have a paved surface and curb and gutter. To expand the existing parking/storage area without meeting these requirements would require a variance to the City Code. Screening A chain link fence exists along the entire perimeter of the facility. The applicant proposes to provide slats within the fence along the west side of the site as well as the north and south sides of the site to the westerly line of the storage buildings to address the screening requirements of City Code 12- 13 -5A. Staff can work with the applicant to ensure that a modern durable slat is installed to be as architecturally compatible with the site as possible. Landscaping Five trees currently exist on the site. The 14 trees along Grouse Street NW that are slightly visible in the attached aerial photograph were removed by Xcel Energy due to the potential mature height of the trees and their location within the overhead utility line easement. The table below compares the site to the city's current landscaping requirements. Unless these requirements are met, a variance to the landscaping requirements would be necessary to approve the proposed conditional use permit. City Code 12 -13 -6 Tree Requirements Shrub Requirements Site Perimeter 1300 feet 1 tree per 50 feet 26 1 shrub per 20 feet 65 Bldg Perimeter 636 feet NA 0 1 shrub per 10 feet 64 Total Required Trees 26 Required Shrubs 129 Existing Trees 5 Existing Shrubs 0 FA—dditional Required Trees 21 Additional Required Shrubs 1 129 Parking Area Setback City Code 12- 13 -8F.a. requires a twenty foot parking area setback from front property lines. The existing parking area is paved to the front property line along the east side of the site. Due to the limited space between the storage buildings and property line it would not be possible to comply with the 20 foot setback and continue to provide space for people to access the storage buildings and allow for traffic circulation. A variance to the front yard parking setback would be necessary to allow approval of the proposed conditional use permit. Parking Stalls City Code 12 -13 -8 G. provides a method for calculating the minimum number of striped, 10 foot by 18 foot parking stalls that are required. There does not appear to ever have been striped parking stalls on the site. Additionally, the categories for parking ratios do not include self storage or a similar use. Staff suggests that the city utilize the `Other' category which states: "Other uses not specifically mentioned herein shall be determined on an individual basis by the City Council. Factors to be considered in such determination shall include (without limitation) size of building, type of use, number of employees, expected volume and turnover of customer traffic and expected frequency and number of delivery or service vehicles." 2 Due to the type of use, the area immediately in front of each storage garage provides space for customer parking as well as conforming drive lanes to allow for traffic circulation. Employee and the occasional customer parking is located at the southeast corner of the paved area of the site. Summary of Variances and Potential Findings If the city chooses to grant the conditional use permit and does not require compliance with the current requirements of the City Code three variances would need to be granted. The information below provides potential findings for the Council to consider. It is important to note that while the city continues to use all of the existing criteria for variances provided by state statute (attached), a recent court decision has taken a narrow view of this language and reversed a variance granted by the City of Minnetonka with the opinion that variances should only be granted if the subject property can be put to no reasonable use. At present there is a bill in committee at the State Legislature (attached) that would more broadly define variances as they have been understood by cities and counties throughout the state prior to this unfortunate decision. City Code 12 -13 -8 Paving and Curb Requirements The applicant will address this item at the meeting. City Code 12 -13 -6 Landscaping Requirements The design and location of the buildings on the site and the paved areas required to allow access to the buildings and for traffic circulation around the site result in very limited space for landscaping to be provided. The area west of the storage buildings is encumbered by an overhead transmission line easement which further restricts the landscaping of the site. City Code 12- 13 -8F. Front Yard Parking Area Setback Due to the limited space between the storage buildings and the front property it would not be possible to comply with the 20 foot setback and continue to provide space for people to access the storage buildings and allow for traffic and emergency vehicle circulation. Planning Commission Recommendation The Commission recommended approval of the conditional use permit and all of the variances described in the staff report with a 4 -2 vote (see attached minutes). Additionally, the Commission requested that a consistent Class 5 (gravel) surface be provided within the outdoor storage area. The dissenting Commissioners had the following concerns with the proposal: 1. The expansion of outdoor storage and promoting non compliance with the city's performance standards is contradictory to the city's efforts to improve the appearance of this area of the city. 2. Current case law regarding variances requires the city to determine that no reasonable use can be made of the site for variances to be granted. ACTION REQUESTED The Council is asked to approve or deny the proposed conditional use permit. If the Council chooses to approve the conditional use permit, please also determine whether site improvements will be required to meet current City Code requirements or whether variances will be approved for one or more of the items listed above. If the Council chooses to deny the conditional use permit, please include findings for denial. The attached resolution has been prepared in a format for approval based on the recommendation of the Planning Commission. It may need to be modified based on the Council's discussion. 3 Attachments Resolution Location Map Site Plan Aerial Photograph Xcel Energy Encroachment Agreement Existing Variance Statute Pending Legislation Conditional Use Permit Application Planning Commission Minutes 'p ct "Y submitted, o ednarz CC: Kraig Domogalla ABC Mini Storage 13624 Hanson Boulevard NW CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR OUTDOOR STORAGE WITH VARIANCES FOR ABC MINI STORAGE LOCATED AT 13624 HANSON BOULEVARD NW LEGALLY DESCRIBED AS: The East 415 feet of Lot 15 WATTS GARDEN ACRES; Except Road; subject to easements of record WHEREAS, ABC Mini Storage. has requested a Conditional Use Permit for outdoor storage to allow parking of vehicles and trailers on the subject property; and WHEREAS, the proposed expansion of the parking area would require variances as follows; 1. City Code 12 -13 -8 Paving and Curb Requirements 2. City Code 12 -13 -6 Landscaping Requirements 3. City Code 12- 13 -8F. Front Yard Parking Area Setback WHEREAS, the Planning Commission has conducted a public hearing on said conditional use permit and variances; and WHEREAS, the Planning Commission finds the request would not have a detrimental effect upon the health, safety, and general welfare of the City of Andover; and WHEREAS, the Planning Commission recommends to the City Council approval of the conditional use permit and variances; and WHEREAS, the City Council received the recommendation of the Planning Commission; and WHEREAS, the City Council finds that the following conditions constitute an undue hardship for the subject property: The design and location of the buildings on the site and the paved areas required to allow access to the buildings and for traffic circulation around the site result in very limited space for landscaping to be provided. The area west of the storage buildings is encumbered by an overhead transmission line easement which further restricts the landscaping of the site. 2. Due to the limited space between the storage buildings and the front property line it would not be possible to comply with the 20 foot setback and continue to provide space for people to access the storage buildings and allow for traffic and emergency vehicle circulation. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the recommendation of the Planning Commission and approves the conditional use permit for outdoor storage with variances to subject to the following conditions: s 1. The area of outdoor storage shall be limited to the area illustrated on Exhibit A. A ten foot setback shall be kept clear of outdoor storage along the west, north and south property lines of the designated area. 2. The applicant shall provide slats to the full height of the chain link fence in the areas shown on Exhibit A. Prior to installation, the applicant shall provide samples of the proposed material to the city for approval. 3. All vehicles, trailers and equipment within the outdoor storage area shall be in operable condition. There shall be no storage of partially dismantled or substantially damaged vehicles trailers or equipment. 4. The Conditional Use Permit shall be subject to a sunset clause as defined in City Code 12- 14 -6D. Adopted by the City Council of the City of Andover on this _tn day of , 2011. ATTEST: Michelle Hartner, Deputy City Clerk lei rra$)W.12rz•T+ "; Michael R. Gamache, Mayor A-6w x6-^ Incorporated 1974 WW HI 1966 1850 1 13633 L__..._._._. r R, 13545 Location Map ABC Mini Storage 13624 Hanson Boulevard 13901 13817 13829 138091 38T RA 13797 13779 1777 13753 1657 1635 1781 � ^ n: � 1714 13650 13825 13625 . .... ....... 13533 13530 7" 98 46. 113475113474.1 ., pj 13462,1 -X ., 13459 1 H_ �,N 13443 13442 13431 , '1 7 -- -- - 1339 341 13350 13309 Subject Property 7 O CO Z 0 V) z < 03 ............... 59?; 96- 13934 A 1485 WWI . ..Jot jr 142E BUNKER LAKE BLV-D- -- ---- ---------- --- ---- -- - 1530 1350 13301 IN W- E 8 t t Z. m• C+ m °n p rl .s a m y h r Imll Y• ° •n w N n N m n n a x ' H W H U1 x m w ro 0 w q Y y V. v m m 05 m o ,ma� m wymys rNF H d � m�Y•m o m p yw �tjl a m � Ck ri p C m m H p y p H 6 � w i y G H m G C fop N Y• e+ r+ X. N C") N o G o w BI o m m w _ •p •s f0 °• O N n n r faD Qt Vl 7 6 (NA (hC m Y• r+ y w w w en m �: M o O o m •°° a ew+ > > a n n m co m s n w Y c m y w -qs m n r E3 h Y• 7 C N Y. w ----------------------- .o I . Iso' -_ _- • .:.: `: -290'_ tio.n� . �r Ilo � I . f l- »D •4LL'+'8'x110' f�.W: E � P 42'r8'X I IO' W z• MOkibiJ SiJitCUJG�S � M.cQIaN WILDINUS pmpo�42'x9'x1Id P.11A-D N PRbPO- D42'XWY lid MDa-B MORTON WILDM6$ MORTON Bv1LD%6. D. d O 0 � - Z x J i v$ D r - - — - — - - - — = — — -- -- __-- _L' -y - __________ - - n` r a x ' H W H U1 x m w ro 0 w q Y y V. v m m 05 m o ,ma� m wymys rNF H d � m�Y•m o m p yw �tjl a m � Ck ri p C m m H p y p H 6 � w i y G H m G C fop N Y• e+ r+ X. N C") N o G o w BI o m m w _ •p •s f0 °• O N n n r faD Qt Vl 7 6 (NA (hC m Y• r+ y w w w en m �: M o O o m •°° a ew+ > > a n n m co m s n w Y c m y w -qs m n r E3 h Y• 7 C N Y. w ----------------------- .o I . Iso' -_ _- • .:.: `: -290'_ tio.n� . �r Ilo � I . f l- »D •4LL'+'8'x110' f�.W: E � P 42'r8'X I IO' W z• MOkibiJ SiJitCUJG�S � M.cQIaN WILDINUS pmpo�42'x9'x1Id P.11A-D N PRbPO- D42'XWY lid MDa-B MORTON WILDM6$ MORTON Bv1LD%6. D. d O 0 � - Z x J i v$ D I ma - — - — - — - — - — - - _— ________ ______ - - — - — - - - — = — — -- -- __-- _L' -y - __________ - - r P-;:KE6Kf BLVD W. W. Amok A . Co, 78 I ma rVfl : G2 iT Xce►Energ1y NORTHERN STATES POWER January 25, 2011 ICraig Domogalla ABC Mini Storage of Andover 13624 Hanson Blvd NW Andover, MN 55304 r 414 NICOLLLr MALL, NIP -3 MIMMIOLIS, MN 55401 Emailed kraigdomogalla r7aol.com JC+ NCROACY'1MENT AGRE, ACRE,EM1CNT Project: Proposed Outside Storage /Parking Area, ABC Mini Storage of Andover, 13624 Hanson Blvd NW, Andover, MN Line 0984/0992 NEl /4 SEl /4, Sec. 34, T32, R24, Anoka County File: 2011.032 Dear Kraig; Please be advised_ that this Encroachment Aggeereaent is not effective uantil siganed and returned to Xcel )EnerPV within 30 Trays of the date of this letter, after that period it is NULL and VOID. Xcel Energy has reviewed the proposed outside storage arealparicing lot at ABC Mini Storage at 13624 Hanson_ Blvd NW in Andover, MN encroachment request submitted January 20, 2011. The encroachment is acceptable to Xcel Energy by adhering to the following and is conditionally approved with the provision that working clearances to Xcel Energy's transmission luxes are complied with during construction and 'subsequence operation, maintenance and future decommissioning of the requested facility. Xcel Energy's review of the proposed work indicates that the anticipated construction activities may be difficult to complete given the clearance requirements for this transmission line. Please refer to Section 5, Clearances to equipment and workers, for working clearances for this project. The encroachment requestor is responsible for ensuring construction activities do not violate the working clearance without proper protective measures and additional review from Xcel Energy, Additional review is required from Xcel Energy to work within the working clearance zone. To provide this review, Xcel Energy will need to be informed of the activities, methods and equipment that will be used for construction. If working clearances carrot be observed during construction, OSHA and National Electric Safety Code (NESC) clearances must also be checked. If it is determined that work cannot be completed with adequate OSHA and NESC required clearances, the power transmission line will have to be removed from service (line outage) prior to construction, see Section 5 for instructions for arranging a line outage. Due to operational constraints on the electrical transmission system, a line outage may be difficult to schedule — therefore construction schedules should reflect the uncertainly Page 1 of 4 to Page 2 of 4 112512011 associated with the availability of a line outage. Specifically sununer and winter season outages may not be available at all for power transmission lines. (1) Excavation close to structure location. A minimum distance of 25 feet of supported earth must be maintained from any part of the line structure. Support of the ground beyond the 25 feet may be provided by a slope no greater than three feet horizontal to one foot vertical. Support may also be provided by the use of cribbing, sheet piling, retaining wall or tunneling. The specific plan for providing the required support and the excavation plan for the proposed project must be submitted to Xcel Energy for review and approval prior to construction start. (2) Grade change around structure location. Fill around or above steel structure foundations is not permitted. The grade around the structures must provide for surface water runoff — no surface water ponding around structures will be permitted. Any cost related to tie adjustment of Xcel Energy's facilities will be at the requestor's expense. (3) Fill and grade change around guy wires and anchors. Fill above the steel anchor rod onto the guy wire is not permitted. The specific plan for any grade change or excavation in the vicinity of down guys and anchors must be submitted to Xcel Energy for review and approval prior to construction start. {a,) Grade change within easement. Tile ground elevation within the easement shall not be increased above the existing grade. Stockpiling of soil and /or material within the easement will not be permitted. (5) Clearances to equipment and workers. A working clearance of 25 feet between the electrical conductors and any cranes or digging equipment used in or near the easement and a clearance of 25 feet to tie physical proximity of workers must be maintained at all times. In addition, any construction near tine transmission line(s) shall comply with all OSHA. Safety Clearances. if this clearance cannot be maintained, the contractor or developer must arrange for a line outage by calling Xcel Energy's System Control department (Steve Rollin 612/330 - 2375). Adequate advanced notice must be provided in order to schedule a line outage, if an outage is available. There is a fee of approximately $350.00 per day, per outage, for this service. This fee must be paid prior to outage. The preceding two paragraph(s) must be included in a prominent location on the plan sets and specifications given to contractors. (6) Landscaping within the easement. Detailed plans for landscaping (including light standards) must be submitted to Xcel Energy in advance of construction for review and approval prior to construction start. Generally shorter varieties of trees and shrubs, 15 feet or less mature height, may be considered. If planting is Page 3 qf4 112512011 permitted, the line's voltage and the tree's mature height and the distance from the line must be considered. For maintenance purposes there shall be no planting within 15 feet of structure sites. (7) Building on easements. There shall be no permanent or temporary building allowed within the casement area. (8) Fuel and refueling on easements. There shall be no fuel tanks stored or refueling of vehicles and equipment within the easement. (9) Streetlights and signs on easements. If there are to be streetlights, signboards, identification signs or any other type of non - building structure within the easement, detailed plans must be submitted to Xcel Energy prior to construction for review and approval to verify compliance with electrical code clearances prior to construction start. Metallic structures must be properly grounded. The same working clearance criteria as stated in paragraph 5 also applies, for equipment used to erect and install light standards, sign boards, etc. Any metallic structure, pole, wire or item placed in the vicinity of a high - voltage transmission line will have the potential to become electrically charged due to electrical induction. The development of an electric charge results in a potential difference between the metal installation and the ground, which can result in electrical shocks when the item is touched. Placement of such metallic installation should take into consideration the shock potential during the; construction, intended use AND future maintenance activities. Items which become charged must be connected to a grounding rod or grounding system to prevent shocks. (10) Fences on easements. If the easement area is fenced, gates must be installed to provide access to Xcel Energy for maintenance purposes. Chain link or other types of fences using metal material and constructed on or near an Xcel Energy easement should be ]properly grounded to prevent shocks. (11) Structure protection. Where streets, parking lots or other areas are developed which expose transmission structures to vehicular traffic, steel post or guardrail type barricades must be installed in accordance with Xcel Energy specifications. In some cases, curbing will provide adequate protection It is the express condition of this consent that all other terms and conditions of that certain easement granted by Carl Sorensen et al on November 18, 1969, and recorded as Document No. 66205 shall remain in fiill force and effect. A copy of the signed Encroachment Agreement shall be kept on site, available for review by Xcel Energy representatives, until all construction and site restoration has been completed. fZ Page 4 of 4 11251201.1 To aclutowledge receipt of and agreement with the terms of this consent, prior to the commencement of any activities, please sign this letter and return it to me by fax. Fax signatures are accepted to expedite this rop cess. If this signed agreement is not received back within 30 days of the date of this agreement, it will be presumed that you are not in agreement with its content and this agreement will be considered null and void, the file will be closed, your request will need to be resubmitted and the City or County Zoning Office will be notified of our action. Any changes to this original agreement shall make this agreement null and void unless initialed bwboth parties. Thank you for your courtesy and cooperation. Sincerely, Bonnie Anderson ACCEk 9(/ Land Rights Agent ' Siting and Land Rights Dept. 612- 330 -6241 By 612 -573 -9227 (fax) Name: bonnie .i.anderson@%celenergy.com Its �ifz� /l/flL cc: Dave Berldund Will Pim / JA -UE (0984(0992, Str. 184 -185) 13 Current Variance Statute 394.27 CREATION AND DUTIES OF BOARD OF ADJUSTMENT. Subd. 7.Variances; hardship. The board of adjustment shall have the exclusive power to order the issuance of variances from the terms of any official control including restrictions placed on nonconformities. Variances shall only be permitted when they are in harmony with the general purposes and intent of the official control in cases when there are practical difficulties or particular hardship in the way of carrying out the strict letter of any official control, and when the terms of the variance are consistent with the comprehensive plan. "Hardship" as used in connection with the granting of a variance means the property in question cannot be put to a reasonable use if used under the conditions allowed by the official controls; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute a hardship if a reasonable use for the property exists under the terms of the ordinance. Variances shall be granted for earth sheltered construction as defined in section 216C.06, subdivision 14, when in harmony with the official controls. No variance may be granted that would allow any use that is prohibited in the zoning district in which the subject property is located. The board of adjustment may impose conditions in the granting of variances to insure compliance and to protect adjacent properties and the public interest. The board of adjustment may consider the inability to use solar energy systems a "hardship" in the granting of variances. /1/ ?EW3>1n1(o L 40tS41T7ots-1 BF'52 FIRST ENGROSSMENT REVISOR KS H0052 -1 This Document can be made available Printed in alternative formats upon request State of Minnesota Page No. 16 HOUSE OF REPRESENTATIVES EIGHTY- SEVEN7'R C SESSION HOUSE FILE NO. 5 January 10, 2011 Authored by Peppin, Smith, Nelson, Mahoney, Weslrom and others The bin was read for the first time and referred to the committee on Government Operations and Elections February 24, 2011 committee Recommendation and Adoption of Report: To Pass as Amended Read second Time 1.1 A bill for an act 1.2 relating to local government; providing for variances from city, county, and town 1.3 zoning controls and ordinances; amending Minnesota Statutes 2010, sections 1.4 394.27, subdivision 7; 462.357, subdivision 6. 1s BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.6 Section 1. Minnesota Statutes 2010, section 394.27, subdivision 7, is amended to read: 1.7 Subd. 7. Variances; hardshig practical difficulties. The board of adjustment 1.8 shall have the exclusive power to order the issuance of variances from the terms of any 1.9 official control including restrictions placed on nonconformities. Variances shall only be 1.10 permitted when they are in harmony with the general purposes and intent of the official 1.11 control in 1.12 carrying out the strict fetter of nity offbeial control, and when the terms of the variance 1.13 are consistent with the comprehensive plan. ' 1.14 1.15 if ttsed under the emaditions allowed by die offteittl eontrols; the plight of tim landowner 1.16 1.17 variance, if . Variances may be 1.18 granted when the applicant for the variance establishes that there are practical difficulties 1.19 in complying with the official control. "Practical difficulties," as used in connection with 1.20 the granting of a variance, means that the property owner proposes to use the property in a 1.21 reasonable manner not permitted by an official control; the plight of the landowner is due 1.22 to circumstances uniclue to the Drouertv not created by the landowner. and the variance. 1.23 if granted, will not alter the essential character of the locality. Economic considerations 1.24 alone shall do not constitute a hardship if a reasonable tise for the properly e�dsts under Section 1. 1 rs HF52 FIRST ENGROSSMENT REVISOR KS H0052 -1 2.1 the `ems of the ordi not 2.2 limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be 2.3 granted for earth sheltered construction as defined in section 216C.06, subdivision 14, 2.4 when in harmony with the official controls. No variance may be granted that would allow 2.5 any use that is prohibited not allowed in the zoning district in which the subject property is 2.6 located. The board of adjustment may impose conditions in the granting of variances to 2.7 insure compliance and to protect adjacent properties and the public interest. The board 2.s of atbustment may eensidet the inabifity to use solar et=gy systems a " 2.9 the granting ofvaritmees. 2.10 EFFECTIVE DATE. This section is effective the day following final enactment. 2.11 Sec. 2. Minnesota Statutes 2010, section 462.357, subdivision 6, is amended to read: 2.12 Subd. 6. Appeals and adjustments. Appeals to the board of appeals and 2.13 adjustments may be taken by any affected person upon compliance with any reasonable 2.14 conditions imposed by the zoning ordinance. The board of appeals and adjustments has 2.15 the following powers with respect to the zoning ordinance: 2.16 (1) To hear and decide appeals where it is alleged that there is an error in any 2.17 order, requirement, decision, or determination made by an administrative officer in the 2.19 enforcement of the zoning ordinance. 2.19 (2) To hear requests for variances from the literal provisions of die ordinanee 2.20 2.21 eirewnstanees unique to the individual property under eenside.ation, and to grant a 2.22 2.23 . " 2.24 2.25 under conditions allowed by the offieiai terms of the zoning ordinance including 2.26 restrictions placed on nonconformities, Variances shall only be permitted when they are in 2.27 harmony with the general purposes and intent of the ordinance and when the terms of the 2.29 variance are consistent with the comprehensive plan. Variances may be granted when the 2.29 applicant for the variance establishes that there are practical difficulties in complying with 2.30 the zoning ordinance. "Practical difficulties," as used in connection with the granting of 2.31 a variance, means that the property owner proposes to use the property in a reasonable 2.32 manner not permitted by the zoning ordinance; the plight of the landowner is due to 2.33 circumstances unique to the property not created by the landowner, and the variance, if 2.34 granted, will not alter the essential character of the locality. Economic considerations alone 2.35 -da* do not constitute an midue hardship if reasonAlc tt= for the properLy exists under Sec. 2. 2 /(O HF52 FIRST ENGROSSMENT REVISOR KS H0052 -1 3.1 practical difficulties. Practical 3.2 difficulties include, but is are not limited to, inadequate access to direct sunlight for solar 3.3 energy systems. Variances shall be granted for earth sheltered construction as defined in 3.4 section 216C.06, subdivision 14, when in harmony with the ordinance. The board of 3.5 appeals and adjustments or the governing body as the case may be, may not permit as a 3.6 variance any use that is not permitted allowed under the zonin ordinance for property in 3.7 the zone where the affected person's land is located. The board or governing body as the 3.8 case may be, may permit as a variance the temporary use of a one family dwelling as a two 3.9 family dwelling. The board or governing body as the case may be may impose conditions 3.10 in the granting of variances to insure compliance and to protect adjacent properties. 3.11 EFFECTIVE DATE. This section is effective the day following final enactment. See. 2. 3 �7 1685 CROSSTOWN BOULEVARD N.W. o ANDOVER, MINNESOTA 55304 a (763) 755 -5100 FAX (763) 755 -8923 a WWW.CI.ANDOVER.MN.US Property Address CONDITIONAL USE PERMIT i I — Legal Description of Property (if legal is lengthy, please attach a separate sheet: Lot — Block Addition PIN �� m S "7 Y Z711 G )6) (If metes and bounds, attach the complete legal description) Note: If the legal is not provided, the application will not be considered to be complete. Is the property Abstract or Torrens (to verify this call the Anoka County Office at (763) 323 -5400 with the property PIN number). Abstract Torrens Description of Request 1 `i✓L = G�X ' %� �aJiSl/'L -' S y�✓7r.�G� e ` J. -&- %Ti/'i ev �.�/hi�= sLE7✓i dF �v�.�, o.� /-�f� � -`�s'r 5��� raf Y'7i`�' ��.�r:�i. �.rr�2 �,v.r��,2� S tam 7� j�j`z lam i7© i';tiS c ✓, 5c f7 G-rz3"i cn <= G /mac T 4F 7 '-t/ 2 f� C3i✓t ; 1Y�2 %���i 55 . Al �/�cU r/c ?/lz' si•;���" � dT" iS y�iy�.% t`d�i' %,�9rt5�s° �3cd:� _ _ Section of Ordinance Current Zoning 3x //` / y 52c- & Name of Applicant h / -/;) 2145x n ?e�7s • �vu� r r�Nr S zee f� v�3 /%f' Address Wl �oy ee-Q,'- 74-3- ?S7- 9�/8551- Home Phone °' Business Phorie Fax Signature / Date /9 CONDITIONAL USE PERMIT PAGE 2 Property Owner (Fee Owner) A r'&f- (If different from above) Address Home Phone Business Phone Fax Signature Date The following information shall be submitted prior to review by the City of Andover: 1. Complete application and fee 2. Letter summarizing request 3. A scaled drawing showing the following: a. Scale b. North arrow c. Dimensions of the property and structures d. Front, side, and rear yard building setbacks e. Adjacent streets f. Location and use of existing structures within 100 feet 4. Other information as required to review request Application Fee: Commercial Residential Amended Conditional Use Permit Public Notification Sign Recording Fee: Abstract & Torrens Date Paid $1,000.00 escrow to facilitate ARC review $350.00 includes mailing labels $200.00 includes mailing labels $30.00 2 !q $100.00 Receipt # f' SZ (0 f PLANNINGAND ZONING COMMISSIONMEETING MARCH 8, 2011 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Kirchoff on March 8, 2011, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Kirchoff, Commissioners Dennis Cleveland, Lynae Gudmundson, Valerie Holthus, Michael Olsen, and Devon Walton. Commissioners absent: Chairperson Daninger. Also present: City Planner, Courtney Bednarz Others OATH OF OFFICE Commissioners Holthus and Olsen took the Oath of Office. APPROVAL OFMINUTES. December 14, 2011 Motion by Cleveland, seconded by Holthus, to approve the minutes as presented. Motion carried on a 4 -ayes, 0 -nays, 2- present (Walton, Olsen) 1- absent ( Daninger) vote. PUBLIC HEARING CONDITIONAL USE PERMIT (11 -01) FOR OUTDOOR STORAGE AT ABC MINI STORAGE LOCATED AT 13624 HANSON BOULEVARD NW. Mr. Bednarz noted the purpose of this item was to hold a public hearing and take input on the application for a Conditional Use Permit at ABC Mini Storage for outdoor storage. Commissioner Olsen asked if Council had taken a position regarding the variance legislation. Mr. Bednarz responded the Council was following legal advice to issue variances very carefully. Commissioner Olsen stated it appeared the Supreme Court had limited the variance rules and had basically tied the hands of the Cities. Motion by Walton, seconded by Cleveland, to open the public hearing at 7:13 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent ( Daninger) vote. Kraig Domogalla, ABC Mini Storage, 13624 Hanson Boulevard NW, stated he had owned the mini storage business since 2004 and he was attempting to get additional income as his property taxes have raised significantly the past few years. He noted this area would be used for boat and other outdoor storage. He noted this had a gravel base and had remained untouched since he purchased the property. He did not believe buses had been stored on the site prior to his purchase. He noted there was a back gate, but that gate was locked. He indicated hours and access would not change. He stated he would add additional cameras to cover the storage area. He stated everything that would be stored was on a month to month lease and he would not allow junk to be stored on the property. Regular Andover Planning and Zoning Commission Meeting Minutes — March 8, 2011 Page 2 Commissioner Cleveland asked what type of storage he was talking about. Mr. Domogalla stated he believed he would have approximately 22 stalls for rent. Commissioner Cleveland asked if any of the area was paved. Mr. Domogalla responded there was no pavement and there was a power line easement overhead, so he could not build any structures. He stated the best that could be done in this area was storage, which could be moved as needed. Commissioner Cleveland asked if the amount of impervious surface would be an issue. Mr. Bednarz responded that it would not. He added that east side of the site drains to Grouse Street and the pond to the south. The City Engineer had been consulted and it was his belief that the drainage would continue work the same. Commissioner Gudmundson inquired about the current snow storage. Mr. Domogalla responded he had a lot of room to put snow and if necessary he would not rent a few storage units, or he would truck it off site. Commissioner Walton asked how many people accessed his site. Mr. Domogalla responded that very few people visited the site maybe a dozen at most per day. Commissioner Gudmundson asked how would a fee be based versus an indoor unit and were all of the units now filled. Mr. Domogalla responded the fees would be half of the cost of an indoor storage and he currently had all of his units rented out except one. Commissioner Walton asked if he was on site. Mr. Domogalla responded he was on site during normal hours of operation. Commissioner Gudmundson asked if this was granted, would the landscaping, etc. need to be met. Mr. Bednarz responded they could require compliance, grant variances, or change the requirements. Commissioner Holthus asked how many variances would be necessary if this was approved. Mr. Bednarz responded three variances would need to be granted if compliance was not required. Commissioner Walton asked how tall the fence was on the backside. Mr. Domogalla responded the fence was six feet. Commissioner Walton stated there might not be an opportunity to pave the area as Xcel had the right to approve it. Commissioner Walton asked why Grouse Street could not be the main entrance. Mr. Domogalla responded Hanson Boulevard traffic allowed easy in and out traffic and he also invested $45,000 for the service road. Motion by Walton, seconded by Cleveland, to close the public hearing at 7:28 p.m. Motion carried on a 7 -ayes, 0 -nays, 1- absent (Daninger) vote. Regular Andover Planning and Zoning Commission Meeting Minutes — March 8, 2011 Page 3 Commissioner Olsen stated he was amicable to the idea of the CUP, but he had a concern about the variance requests due to the Supreme Court decision. He stated he understood the reason the applicant wanted the CUP. Commissioner Walton noted since the Commission was not the authority for granting this, all they could do was discuss and make a recommendation and it would be up to the City Council to either approve or disapprove the CUP. Commissioner Olsen stated his concern was that if the variance request was denied, the applicant could not apply for another year for another variance. Mr. Bednarz stated they needed to keep in mind what the findings were if they choose to approve variances and if there was potential other sites that could make similar requests. Commissioner Gudmundson stated she was concerned about the visual aspect of the request. She stated it is contrary to the city's efforts to improve sites along Bunker Lake Boulevard. She indicated she was not in favor of the CUP. Mr. Domogalla noted this was an industrial area. Commissioner Olsen believed that with the city's regulations for parking on residential lots this is a service that is needed in the community. Commissioners Cleveland, Holthus and Walton stated they were in favor of the CUP. Commissioner Olsen stated he did not have an issue with storage on the gravel. Commissioner Walton stated with respect to curb and gutter they had required paving and curb and gutter be put in for a used car dealer in a similar situation. Commissioner Olsen noted that business had cars parked on and it was being used as a parking lot. Chairperson Kirchoff noted there was another site within the other industrial park where full compliance was not required. Mr. Bednarz stated that was correct. He added that using the interim performance standards established for that area the Council required improvements to the front parking area adjacent to the street, but not to the yard at the rear of the lot. Commissioner Cleveland believed if the applicant needed to meet all of these requirements, he would be out of business. He noted this was a unique property and business. Commissioner Gudmundson stated she did not agree with waiving the paving requirement and she also wanted to see curbing. It was the consensus of a majority of Commissioners that they were comfortable with gravel and there was not a need for additional curbing. Commission Cleveland stated he would like to see an effort with respect to landscaping. Mr. Domogalla stated the hard part with landscaping was that there was very little area for Regular Andover Planning and Zoning Commission Meeting Minutes — March 8, 2011 Page 4 landscaping and Xcel had removed what landscaping there was, with the exception of five trees. He stated this site had been there a long time and it was a unique site. Commissioner Cleveland asked if he could plant shorter trees along the Xcel line. Mr. Domogalla responded Xcel would need to approve anything along their line and the trees removed were not that tall. Chairperson Kirchoff asked if he could do anything along the fence line. Mr. Domogalla responded the fence was on the property line. He could put landscaping on the outside of the fence in the right -of -way, but there was no irrigation in that area. He stated on the inside of the fence behind the slats would be less visible. Commissioner Olsen asked if the city would allow planting in the right -of -way. Mr. Bednarz stated that they would prefer not to, but if it were required and the constraints of the site made it necessary, the minimum distance from the back of the curb would be eight feet. Commissioner Cleveland asked if planters outside the fence could be used. Mr. Bednarz responded staff would prefer to not have any planters in the right -of -way. Commissioner Olsen asked if there were any security issues with the slatted fence. Mr. Domogalla responded he has not had any issues and he would be putting cameras in the back. He noted the gate also closed automatically at 6:00 p.m. Chairperson Kirchoff stated he believed they were looking at screening in lieu of landscaping. Commissioner Walton suggested the items in the storage area be covered with a material that was the same color to blend into the color of the building. He stated any funds given to landscaping should maybe be put towards additional screening or a taller fence. Mr. Bednarz stated the Commission could recommend a taller fence. He noted a ten foot fence would require a building permit. Commissioner Gudmundson stated she still had a concern regarding the visual aspect of the property and she would like additional landscaping. It was the Commissions consensus to not require the 20 -foot setback for front yard parking area setback. Commissioner Cleveland stated he was in favor of sending this to the Council with the recommendation for the three variances. Commissioner Holthus stated she did not believe it was necessary to put in an entire new fence. She agreed with the other variances. Commissioner Gudmundson stated she would not approve this request. She did not believe there was a hardship shown and she wanted the applicant to comply with the ordinances. Commissioner Walton responded he was in favor of the CUP. He recommended that something be done to bring monotone coloring to everything that was back there. Regular Andover Planning and Zoning Commission Meeting Minutes — March 8, 2011 Page 5 Chairperson Kirchoff did not believe there was a material change to this property, but rather just a use change. Motion by Holthus, seconded by Cleveland, to recommend to the City Council approval of Resolution No. R, to approve a Conditional Use Permit for Outdoor Storage for ABC Mini Storage as written with the recommendation fresh Class 5 be put down in the storage area. Motion carried on a 4 -ayes, 2 -nays ( Gudmundson, Olsen), 1- absent (Daninger) vote. OTHER BUSINESS. Mr. Bednarz updated the Planning Commission on related items. ADJOURNMENT. Motion by Holthus, seconded by Gudmundson, to adjourn the meeting at 8:15 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Daninger) vote. Respectfully Submitted, Kathleen Altman, Recording Secretary TimeSaver Off Site Secretarial, Inc. C I T Y O F II NDOVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.AN DOVE RMN.GOV TO: Mayor and Council Members CC: Jim Dickinson, City Administrator David D. Berkowitz, Director of Public IYor City Engineer FROM: Todd J. Haas, Asst. Public Works Director SUBJECT: Consider Recommendation for Appointment/Coon Creek Watershed District Vacancies - Engineering DATE: March 15, 2011 INTRODUCTION This item is in regard to recommending to the Anoka County Board of Commissioners an individual or individuals to serve as a manager on the Coon Creek Watershed District (CCWD). DISCUSSION There are two managers (Joseph Marvin and Ted Capra) whose term expires on May 27, 2011 for the Coon Creek Watershed District Board. Mr. Marvin has requested to be reappointed to serve on the CCWD board. Mr. Capra will not be reapplying as there was a CCWD boundary change and now his residency is now located in the Rice Creek Watershed District. The City of Andover has received five (5) requests from individuals that would like to be considered for the board (see attached requests). The individuals are as follows: • Joseph Marvin - CCWD Term expires at the end of May but has requested to be reappointed. Currently a Andover resident. • Carroll Abbott, Currently a Andover resident. • Michael Von Wald, Currently a Blaine resident. • Scott Bromley, Has not responded as where his residency is. • Brad Johnson, Currently a Coon Rapids resident. An article was placed in the current Andover newsletter for those that were interested in serving on the board and Anoka County had previously placed a public notice in the Anoka County Union and Forest Lake Times. Note: In order for names submitted to the county to be considered a list under the statutory definition, the list must contain the names of at least three nominees eligible to be appointed (see attached county letter). ACTION REQUIRED The City Council is requested to consider submitting a letter recommending an individual or individuals to the Anoka County Board of Commissioners as to serve on the Coon Creek Watershed District board. Mayor and Council Members March 15, 2011 Page 2 of 2 Respectfully submitted, Todd J. Haas Attachments: Coon Creek Watershed District Letter, Map, and requests from the five individuals -a - TERRY L. JOHNSON County Administrator COUNTY OF ANOKA OFFICE OF COUNTY ADMINISTRATION GOVERNMENT CENTER 2100 3RD AVENUE STE 700 • ANOKA, MN 55303-5024 (763)323 -5700 January 21, 2011 This letter was sent to all The Honorable Mike Gamache elected officials of the City Mayor; City.of Andover of Andover. 2815 134th Avenue NW Andover, MN 55304 RE: Coon Creek Watershed District Appointment Dear Mayor Gamache: In accordance with the provisions of Minn. Stat.. § 103B.227, Anoka County in January 2011 published. a notice that the terms will expire for managers on the Coon Creek Watershed District Board of Managers. The notice publication requirement applies because Cdon.Creek Watershed District is considered a watershed management organization. The published notice must state that persons interested in being appointed may submit their names to the appointing authority, Which is the county board, for a watershed district appointment. For your information, a copy of the notice is attached. In appointing 'a manager to the Coon Creek Watershed District, Minn. Stat. § 103D.311 is also applicable. This statute requires a county board to appoint a manager for a watershed district from a list of persons nominated jointly or severally by the municipalities within the district if a list(s) is submitted 60 days before the manager's term of office expires or to appoint a manager who resides. .in a city that fails to submit a list. If there is a desire of jointly submitting a list for the manager appointment, you may wish to confer with affected cities and jointly submit the list. The cities with territory located in the Coon Creek Watershed District are Andover, Blaine, Columbus, Coon Rapids, and Ham Lake. In order for names submitted to the county to be considered a list under the statutory definition, the list must contain the names of at least three nominees eligible to be appointed. To be eligible for an appointment, a nominee must reside within the watershed district boundaries, be a voting resident of the district, and not be a public officer of the county, state, or federal government (except that a soil and water conservation supervisor can be appointed). The county board may choose to appoint someone who is not on a list if the person resides in a city that did not submit a list. FAX: 763- 323 -5682 Affirmative Action / Equal Opportunity Employer TDD /TTY: 763- 323 -5289 3^ January 21, 2011 Page 2 . In making watershed appointments, there is an additional factor to be considered by a county board.. Minn. Stat. § 103D.311 requires watershed district managers to be appointed to fairly represent the various hydrologic areas within the watershed district by residence of the manager appointed. The appointees whose terms will expire on May 27, 2011, are Joseph Marvin and Ted Capra, who . reside in portions 4 and 7, respectively, of the Coon Creek Watershed District. The other managers live in portions 15 and 7. A map with the location of current board members noted is being forwarded to the manager /administrator of Andover. If you have any questions regarding this appointment process, you may contact Nancy Norman Sommer, Assistant County Attorney, at 323 -5626. Sinc ely, Terry Jo son County Administrator TJ:de Enclosures c ✓Andover Manager /Administrator Nancy Norman Sommer, Assistant County Attorney Diane Eichinger, Principal Administrative Secretary NOTICE IS HEREBY GIVEN pursuant to Minn. Stat. § 10313.227 and § 103.D.311 that vacancies will . occur on the Coon Creek Watershed District Board of Managers due to the expiration on May 27, 2011, of the terms of Joseph Marvin and Ted Capra. Term of the appointments is for three years. Managers are eligible to be reappointed. Persons interested in being appointed to serve on the Coon Creek Watershed District Board of Managers may submit their names for consideration to the Anoka County Board of Commissioners, .the appointing authority. Minn. Stat. § 103D.311 permits the cities in the district to submit a list(s) of nominations to the county board. If a valid list(s) containing at least three eligible nominees for a.manager's position is submitted at least 60 days prior to the expiration of the terms, the Anoka County Board of Commissioners is required to make appointments either from the list(s) or to appoint a manager who resides in a city that fails to submit a list. Since a list may be submitted, persons interested in being considered for appointment may wish to contact their city to request to be included on a. list of nominations. In the absence of a valid list, the Anoka County Board. of Commissioners may appoint any voting resident of the Coon Creek Watershed District who is not a public officer of the county, state, or federal government. Na &y Norman Sommer . Assistant County Attorney PUBLISH IN: Anoka County Union, January 21 and January 28, 2011 Forest Lake Times, January 27, 2011 Us -1 11 MARVIN LAW OFFICE, L.L.C. ANOKA OFFICE CENTER 2150 THIRD AVENUE. SUITE 20 ANOKA. MINNESOTA 55303-2296 eTOSEPH E. MARVIN ATTORNEY AT LAW February 25, 2011 TELEPHONE: 763.427.1 131 FACSIMILE: 763.427.1178 E- MAIL: josephmarvin@gwestoffice.net LEGAL ASSISTANT SUSAN R. WATERMAN RECEIVED Mr. Todd Haas Parks and Recreation Director FES 8 2011 City of Andover 1685 Crosstown Boulevard NW Andover, MN 55304 CITY OF ANDOVER Re: Reappointment to Coon Creek Watershed District Board Joseph E. Marvin Dear Mr. Haas: This letter is sent as my application to be reappointed to the Coon Creek Watershed District Board. I reside in the City of Andover and was appointed to the Coon Creek Watershed District Board in 1993. As background, I have practiced law in the family law area since 1979 from offices located in Anoka. have any further questions, feel free to contact me. 'ily-yours, ►I FL IT, - -7- Todd Haas From: chiefycyoabbott <chiefyoyoabbott @aol.com> Sent: Monday, February 28, 2011 8:33 PM To: Todd Haas Subject: Coon Creek Watershed District vacancy It is respectfully requested that I be considered for nomination to fill a vacancy on the Anoka County Coon Creek Watershed District Board of Managers. I would be happy to serve and be a part of that Board. I was raised on a farm and was always interested in the management of nearby waterways, forests and agricultural areas. I have taken several courses and have taught conservation in elementary education as a teacher. I was employed by the Wisconsin Conservation Department (DNR) in 1952. Proper management of our watersheds is important for clean drinking water, recreation purposes, pollution control and Ag decisions now and in the future. Sincerely yours, Carroll Abbott, 2917 142 Lane NW, Andover MN 55304. Telephone: 763 - 757 -3475 Todd Haas To: Michael Von Wald Subject: RE: FW: Coon Creek Watershed District From: Michael Von Wald rmailto:mbvonwaldCabgmail.com] Sent: Wednesday, March 02, 20119:13 PM To: Todd Haas Subject: Re: FW: Coon Creek Watershed District Mr Haas, Thank you for your follow up. My responses are below. Please feel free to contact me if you require any additional information. • Address of your residence and years that you have lived in the community have lived in Blaine for approximately eight years. I lived in The Lakes development starting in 2002 and purchased a home at 12527 D Leyte St NE, Blaine 55449 in April of 2007. • Your current occupation I currently work in Sales and Account Management for UPS. • Explain a little more about your interest as to why you would like to serve on the board. I have been involved in the community for several years through the United Way, Toastmasters International, and my recent 2010 run for City Council in the third district of Blaine. This will give me the opportunity to continue serving my community by ensuring the appropriate management and preservation of some of our most important natural resources. Thank you, Michael Von Wald From: Michael Von Wald <mbvonwald @pmail.com> To: Dave Berkowitz Sent: Mon Feb 28 20:34:07 2011 Subject: Coon Creek Watershed District Dear City of Andover, I am writing to request a recommendation for the Coon Creek Watershed District. I have been a resident within the Coon Creek Watershed District for over eight years and look forward to continuing my involvement with the community. I r As a community member, I understand the importance of protecting our high quality water system. I will dedicate my time to ensuring I uphold the mission laid out by the Coon Creek Watershed District in order maintain a strong environment for its residents. Thank you for taking the time to review my request. I appreciate your time and consideration. If you have any questions please feel free to call or e-mail me. Sincerely, Michael Von Wald mbvonwald@gmail.com cell: (612) 599 -1781 .1d- Todd Haas From: Dave Berkowitz Sent: Monday, February 28, 2011 1:13 PM To: Todd Haas Subject: Fw: Coon Creek Watershed Board Attachments: Bromley Scott R .vcf; Bromley Scott R .vcf Sent from my Blackberry 8350i. From: Scott Bromley <scot (&bromleyprinting.com> To: Dave Berkowitz Sent: Mon Feb 28 09:39:04 2011 Subject: FW: Coon Creek Watershed Board Dear City of Andover Counsil, I am writing to request a recommendation for the Coon Creek Watershed District Board. I have been a resident of Anoka County for over forty years and look forward to continuing my involvement with the community. As a community member, I understand the importance of protecting our high quality water system. I will dedicate my time to ensuring I uphold the mission laid out by the Coon Creek Watershed District in order maintain a strong environment for the Anoka County. Thank you for taking the time to review my request. I appreciate your time and consideration. If you have any questions please feel free to call or e -mail me. Kindest Regards, Scott R. Bromley VP of Marketing Bromley Printing, Inc. 514 Northdale Blvd. Minneapolis, MN 55448 Direct.(763) 754 -3820 Main. (763) 767 -0000 Ext.110 Cell. (612) 816 -7002 11- BRAD JOHNSON March 9, 2011 Mr. Todd Haas c/o Mayor and City Council !City of Andover 1685 Crosstown Blvd. NW Andover, MN 55304 Dear Mayor and Council Members: VIA E -MAIL ONLY I am writing to volunteer to serve on the Board of Managers of the Coon Creek Watershed District (CCWD). My family and I have resided in the district for more than three years. As many of you know, my personal history in Anoka County goes back more than forty years. I respectfully request your consideration for nomination to the Anoka County Board of Commissioners as a potential candidate for this position. My interest in serving on the CCWD Board of Managers stems from the same commitment to public service that motivated me to leave ten years of private civil law practice to become a criminal prosecutor. This opportunity, however, would allow me the privilege of serving my home community. The CCWD often deals with land use and eminent domain issues, contracts, statutory and regulatory compliance, and even occasionally criminal prosecutions. Having represented and counseled both public and private clients in all those specific areas, among many others, I have broad and high -level experience that can be a resource to the other managers and the CCWD. Attached is a copy of my general resume for your consideration. I can provide you and the citizens impacted by the CCWD with a fresh, informed, and sensible voice on the Board of Managers. You can expect me to insist on more visibility and transparency concerning the CCWD levies, how the CCWD allocates its substantial annual budget, how it impacts economic development, and how it deals with public and private property rights in the five cities that make up the district. Please do not hesitate to call me at the numbers below if you have any questions. Thank you for your consideration. Sincerely, Bradley R Johnson Enclosure cc (w /encl,) (via e- mail): Mayor; Council Members; and Mr. Jim. Dickinson 10410 holly Street NW • Coon Rapids, MN 55448 Cellular: 612 - 388 - 6595'• Home: 763 - 202- 4655.Office: 612 -543 -0665 E- mail: AnokaProsecutor@gmail.eom ,�a - BRADLEY REED JOHNSON 10410 Holly Street NW Coon Rapids, MN 55448 612 - 388 -6595 (Cellular) t 612 - 543 -0665 (Office) EXPERIENCE HENNEPIN COUNTY ATTORNEY'S OFFICE, 170 attorneys, Minneapolis, Minnesota Assistant County Attorney — Complex Crimes Unit Oct. 2007 — present Tried more mortgage -fraud jury trials as lead counsel than any Minnesota prosecutor, state or federal. Lead prosecutor in complex felony cases including racketeering, identity theft, public corruption, mortgage fraud and other illegal scams, embezzlement, the exploitation of vulnerable adults, and tax evasion, Trial team member in Hennepin County's condemnation case involving the Minnesota Twins ballpark land. Regularly consults with prosecutors on strategy and legislation and with law enforcement on investigation and training. WOMBLE CARLYLE SANDRIDGE & RICE,PLLC, 550 attorneys, Winston - Salem, North Carolina Senior Associate- Litigation Oct. 2002 —Sept. 2007 Handled complex civil cases in state and federal courts at all levels. Defended national banks and securitization trusts in class actions in state and federal court, successfully briefed motions to dismiss and appeals of the cases in the North Carolina Court of Appeals and Supreme Court and in the U.S. Court of Appeals for the Fourth Circuit. Active local counsel for Japanese reinsurerin $1- Billion fraud litigation against reinsurance pool managers in North Carolina's Business Court. Represented major institutional and individual clients in litigation, mediation, and arbitration of disputes involving fraud and other business torts, insurance, trade 'secrets and other intellectual property, the UCC; products liability, securities laws, the TILA, debtor - creditor relationships, officer and director liability, contracts, eminent domain, e- discovery, aftomey- client privilege issues, and consumer protection laws. Represented a local district attorney's office as a private prosecutor for trials of felony -level sex offenses. Served three years as the associate representative in the firm's headquarters and as a member of the firm's associates and ethics committees. Lead counsel and. relationship contact for U.S. Bancorp, American Dairy Queen, Piedmont Bobcat, and Wachovia Securities. GRAY PLANT MOOTY MOOTY & BENNETT, PA, 150 attorneys, Minneapolis, Minnesota Associate — Litigation May 1998 — Sept, 2002 Summer Associate and Winter Law Clerk June 1997 —Feb. 1998 Tried bench trials in state court and briefed and argued dispositive and nondispositive motions in federal and state courts. Managed associates on discovery projects. Gained extensive experience in discovery and deposition practice, and research and 'writing on complex legal issues. Represented institutional and individual clients in litigation, mediation, and arbitration of disputes involving fraud and other business torts; protection of trademarks, products liability, contracts, the UCC, e- discovery, attorney- client privilege issues, franchise law, employment law, eminent domain, and criminal prosecution. Managed the firm's criminal prosecution contract for Columbus Township, Minnesota and introduced new clients to the firm. ANOKA COUNTY ATTORNEY'S OFFICE, 35 attorneys, Anoka, Minnesota Certified Student Attorney Aug. 1995 — Dec. 1997 Tried bench trials as lead prosecutor in juvenile court and assisted trial counsel in murder and sex offense cases. Handled felony bail hearings, paternity and civil contempt hearings, and dozens of adversarial administrative hearings to recover child support. Gained extensive motion practice and research experience. BAR MEMBERSHIPS & ASSOCIATIONS Admitted in the U.S. 'Court of Appeals for the Fourth Circuit, U.S. District Courts in North Carolina and Minnesota, and the state courts of Minnesota, North Carolina (inactive); and Montana (inactive); elected Council Member of the Minnesota State Bar Association's Criminal Law Section. A1lLdidC41. WILLIAM MITCHELL COLLEGE OF LAW, St. Paul, Minnesota Degree received Jan. 1998 Juds Doctor, Surnma Cum Laude, ranked 3rd out of 73 January graduates. MONTANA STATE UNIVERSITY, Bozeman, Montana Degree received June 1992 Bachelor of Arts in History with Highest Honors, highest GPA (3.86) in History, graduated with Highest Honors from the University Honors Program, and four -year recipient of the University's Presidential Scholarship.. ►3- 9 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: Consider Resolution Supporting Recommendations Relating to the Coon Rapids Dam, as Approved by the Coon Rapids Regional Dam commission DATE: March 15, 2011 INTRODUCTION The Council is requested to consider a resolution that would support recommendations relating to the Coon Rapids Dam, as approved by the Coon Rapids Regional Dam Commission. DISCUSSION City Administration will provide a brief presentation on the request at the meeting, of primary concern to the City of Andover in the opinion of City Administration would be the impacts to the Rum River. To date the Cities of Anoka, Brooklyn Park, Champlin, Coon Rapids, Dayton and Ramsey have considered resolutions, as have Anoka and Hennepin Counties. Also attached is a recent Star Tribune article discussing the impacts. ACTION REQUESTED Receive a brief presentation and discuss the merits of adopting a resolution that would support recommendations relating to the Coon Rapids Dam, as approved by the Coon Rapids Regional Dam Commission. submitted, Attachments Councilmember introduced the following resolution and moved its adoption: CITY OF ANDOVER ANOKA COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION SUPPORTING RECOMMENDATIONS RELATING TO THE COON RAPIDS DAM, AS APPROVED BY THE COON RAPIDS REGIONAL DAM COMMISSION WHEREAS the Coon Rapids Regional Dam (Dam) is widely recognized as a State -wide resource that includes the dam structure, the regional trail along the top of the dam walkway, the two regional parks adjacent to the dam, the six -mile long pool of water extending upriver from the dam structure to U.S. Highway 169; and WHEREAS the Dam has been deemed to be of regional and state -wide significance, providing recreational, natural resource and economic benefits to the counties of Anoka and Hennepin; and to residents within the greater metropolitan region and throughout the state of Minnesota; and WHEREAS the City of Andover desires that the Dam will continue to function for current and future generations, and that removal of the dam structure could have significant impacts to the Rum River and that is not an acceptable option; and WHEREAS the Coon Rapids Regional Dam Commission has studied options and made recommendations for the future of the Coon Rapids Dam, including its suitable public uses, governance, operation, and maintenance and financing of the dam and its operations. NOW THEREFORE BE IT RESOLVED that the Andover City Council hereby supports the following five recommendations relating to the Coon Rapids Dam, as approved by the Coon Rapids Regional Dam Commission: 1. Complete a major refurbishment of the Coon Rapids Dam for a fifty -year or greater life span. 2. Begin the work on the dam refurbishment as soon as possible. 3. Use State funds to complete the refurbishment work. 4. Keep the Coon Rapids Regional Dam Commission (authorized in Chapter 361, Minnesota Session Laws, 2010 Regular Session) in existence for up to 12 months to study and address the issues of governance, ownership, and operation of the dam. 5. Refurbishment of the Dam should be done in such a manner as to not impede future installation of hydroelectric power. a The motion for the adoption of the foregoing resolution was duly seconded by Councilmember , and upon vote being taken thereon, the following voted in favor thereof: And, the following voted against the same: Whereupon said resolution was passed this 15th day of March, 2011. ATTEST: Jim Dickinson, City Clerk 3 Michael R Gamache, Mayor Coon Rapids Dam Bills Introduced to Date HF 607 /SF 459(Rep. Howes /Sen. Langseth)- Capital improvement funding provided to acquire and better public land and buildings and for other improvements of a capital nature, nonprofit housing bond authorization changes made, bonds issued, appropriations modified, and money appropriated. HF 205MA (Rep. B. Petersen) -Coon Rapids Dam; invasive fish barrier renovation funding provided, bonds issued, and money appropriated. HF 153 1SF 152 (Rep. Hortman /Sen. Kruse)- Coon Rapids Dam improvement funding provided, bonds issued, and money appropriated. HF 90 /SF 476 (Rep. Hausman /Sen. Dibble)- Capital improvement funding provided, fiber optic infrastructure grant program established for schools, prior bond authorizations reduced, bonds issued, and money appropriated. Iq Format Dynamics:: C1eanPrint :: http: / /www.startribune.com/sports /outdoors /117452053.... Page 1 of 4 StarTribune.com Dennis Anderson: Asian carp invasion closer than you think Illinois River Biological Station via the Detroit Free Press This early December 2009 photo showed Illinois River Asian carp after being disturbed by sounds of watercraft. Asian carp can reach 4 feet long and weigh up to 100 pounds. It's worth taking a couple of specific steps that would provide a better chance to keep the fish from advancing north on the Mississippi and toward Taylors Falls on the St. Croix. Of all problems facing Minnesota, attempting to stop -- or slow -- the Asian carp from further invading the state's waters should be The reason: The environmental disaster depicted in the accompanying photograph is closer to becoming a reality for this state than most residents appreciate. Worse, there's little coordinated effort among state and federal agencies to slow the advance of these invasive fish, as they seem to swim inexorably up the Mississippi River, intent on destroying the fisheries of Wisconsin and Minnesota -- and the way of life of residents in both states. Already, reproducing populations of some Asian carp species (which includes grass carp, silver carp, bighead carp and black carp) are in the Mississippi River somewhere north of the Minnesota -Iowa border. In coming days and weeks, depending on the leadership (or lack thereof) of the Minnesota congressional delegation, Gov. Mark Dayton, the state's legislative kingpins and the Department of Natural Resources, Minnesota will either move forward in attempts to head off Asian carp -- or continue to do nothing. The stakes couldn't be higher. At least two actions should be taken: • Authorize and fund the testing of iwaRF THAN #$330, 000 !N CARS, CASH AND PRIZES! LICENSE TO THRILL FRIDAYS, FEBRUARY 11 — MARCH 18 LAKE* CAWNO- HOTEL __ .. ora�aae +imn,aesnracr+m�+ssrmwrc+ mysticlake.cort3.:. Print Powered By L`��FormatDynamics" http:// www .startribune.com/templates /fdcp ?1299785487230 3/10/2011 ormat Dynamics:: C1eanPrint :: http : / /www.startribune.com /sports /outdoors /117452053.... Page 2 of 4 ti l� �%,r3'�flfl17fl8, ITY? StiakrTri b ne.com Mississippi River pools 1 -7 for DNA traces of Background: Some species of Asian carp Asian carp. These are the same tests that were imported as early as the 1960s by have been used near Chicago, in attempts to government - funded scientists in the South determine whether Asian carp there have looking to replace chemicals used in escaped through an electric barrier and into aquaculture with, essentially, sewage- eating Lake Michigan. fish. Cost estimate: between $10,000 and Subsequently, during spring floods, the carp $50,000, depending on the number of tests escaped Arkansas fish farms and have done. worked their way upriver. Now they infest not only the Mississippi but the Illinois River, • Begin negotiations immediately between the the Ohio and many others. DNR and various federal authorities -- most important the Army Corps of Engineers -- to In Chicago, the big fight -- well publicized -- explore placement of a sound, bubble and is over whether the city, the state of Illinois light barrier at Prescott, Wis., where the St. and the federal government are doing enough Croix River joins the Mississippi. to thwart the entry of Asian carp into Lake Michigan, and from there into the other Great Purpose of the barrier -- whose protection Lakes. against Asian carp advancement wouldn't necessarily be absolute -- would be to President Obama has appointed a federal protect the St. Croix from these fish from carp czar, but his mission is limited to Prescott upriver to Taylors Falls for as long determining ways that Asian carp -- already as possible, perhaps (with luck) until a in the Mississippi River basin -- can be kept biological or other solution to invading Asian out of the Great Lakes basin. Similarly, an carp could be developed. important bill introduced in Congress on Friday, the Stop Asian Carp Act of 2011, The barrier also would provide an important specifically concerns keeping Asian carp now testing of the technology in the Mississippi in the Mississippi River watershed out of the for this specific purpose -- information that Great Lakes watershed by physically doubtless would prove valuable as the fight separating the two -- no small feat. against Asian carp continues. Advertisement Kf LLIE PICKLER SATURDAY, APRIL TS ON SALE Now MYSM L . . .: _..- 4ASP"O- MOTEL ^' "< - " owrcaawo�mwxsn,�mwamsu�umms mysticlake.corn Print Powered By i d rormatD:y ics" http:// www .startribune.com/templates /fdcp ?1299785487230 3/10/2011 Format Dynamics:: C1eanPrint :: http : / /www.startribune.com /sports /outdoors /117452053.... Page 3 of 4 StarTribunexom The important part for Minnesotans: The Mississippi River has been written off by the federal government (and others) as Asian-carp infested. Never mind that the stretch of the Mississippi that forms M innesota's border is as yet largely free of these fish. The assumption is infestation will occur eventually, and when it does, scenes such as the one in the accompanying photograph -- featuring jumping silver carp weighing up to 100 pounds -- will be commonplace in Minnesota. Plankton eaters, silver carp leap from the water en masse when startled by boat motors and other noises. And they're in the food consumption business nearly nonstop, gobbling the same morsels that juvenile game fish -- northems and walleyes, among others -- require for survival. . . An obvious question: If Asian carp are still somewhere nearer to Iowa than to the Twin Cities, why don't we try to stop them down there? The Minnesota DNR attempted that some years ago, before the fish migrated north, by proposing that bubbler barriers be placed on Advertisement the Mississippi below at least one and as many as three Iowa locks. Dams at those locations are high enough, and the landscape abutting them unique enough, that barriers perhaps could have been at least substantively effective against advancing carp. Congress got on board, directing the Corps of Engineers to study the issue. But no funding was authorized, and without funding the Corps couldn't act. Nor was the Corps open to the DNR's conceptual proposal that the state alone pay for the bubblers. Since then, everything between Iowa and (depending on how things unfold in coming years) either a rebuilt Coon Rapids dam or perhaps a reconstructed St. Anthony Falls or a retooled Ford Dam has been written off as Asian carp water -- or potential Asian carp water. The reason: No lock and dam in that long stretch of water is conducive to a bubbler installation. Meaning the entire Minnesota River watershed to the South Dakota border (and beyond), as well as rivers spilling into the Mississippi from both Minnesota and Wisconsin between Iowa and the Twin Cities, JUST DAUB IV FRIDAYS AND SATURDAYS 11 p.m., MIDNIGHT AND LAST CALL N�Y�j 't+ Lik CASINO + HOTEL ummmaamudbyftShakWW� WtmS"Cu L.un mysticiake.coln Print Powered By d[ rormatDynamics .- la http:// www .startribune.com/templates /fdcp ?1299785487230 3/10/2011 Format Dynamics :: C1eanPrint :: http: / /www.startribune.com/sports /outdoors /117452053.... Page 4 of 4 StarTribune.com are now vulnerable to Asian carp infestation. Even a rebuilt Coon Rapids dam -- on the drawing board, looking for funding in the Legislature -- perhaps won't stop Asian carp from entering the Rum and other rivers, and eventually Lake Mille Lacs, in heavy flood years. At a meeting Thursday in St. Paul attended by the Corps of Engineers, the National Park Service, the city of Minneapolis, the DNR and others concerned with Mississippi River management, some of the approximately 20 attendees seemed to think that Asian carp infestation up to and perhaps beyond the Twin Cities is inevitable. Jay Rendall, Minnesota DNR invasive species prevention coordinator who attended the meeting, argues against complacency. The DNA testing needs to be done, he said, so we know where the carp are. And other ideas -- perhaps including the bubbler at Prescott, Wis. -- should be explored with the help of the Corps and Minnesota's congressional delegation to keep as many Asian carp as far downstream for as long as possible. "Don't forget," Rendall said. "The carp that Advertisement were brought to Minnesota in the 1800s, the kind we now have everywhere in our lakes and rivers, we still can't get rid of." Dennis Anderson • danderson @startribune. coral Shortcuts To Links In Article 1. http: / /ezurl.co /6311 ® WEDNESDAY, THURSDAY AND SUNDAY Openbble.com, sk (G 5 P.M. -10 P.M. DinerS' Choice "I FRIDAY AND SATURDAY V1rINNER 2010_. 5 P.M. -11 RM. ' S AKE -`!.� CAGWO MOTM �aIaa�men. �stikcocwne..,wnws"cwrmWun mystitlake.coln... Print Powered BydFormatDynamics ri http:// www .startribune.com/templates /fdcp ?1299785487230 3/10/2011 NDOVE 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 April EDA meeting March 15, 2011 INTRODUCTION QSJ The Council is requested to schedule an Economic Development Authority (EDA) meeting at 6:00 pm before the April 5, 2011 City Council meeting. DISCUSSION Tentative agenda items for an EDA meeting have been identified as follows: 1. Monument Entrance Committee Update 2. Purchase Agreement/Letter of Intent/Progress Review 3. TIF District & EDA Budget Update 4. Discuss Commercial Broker RFQ S. 2011 -2012 EDA Goals Progress Report 6. Other Business Other items may be added upon request, or the meeting will be cancelled if no new information comes forward on the identified agenda items. ACTION REQUIRED Schedule an EDA meeting at 6:00 pm before the April 5, 2011 City Council meeting. Y %0 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 April Council Workshop March 15, 2011 INTRODUCTION S The Council is requested to schedule a Council Workshop for the month of April for a number of miscellaneous business items. DISCUSSION Potential agenda items for a general April workshop have been identified as follows: 1. Joint Meeting with Planning & Zoning Commission 2. 2011 Budget Implementation Progress Report 3. 2012 -2016 CIP Development Discussion 4. 2012 Budget Development Strategies Discussion 5. 2011 -2012 Council Goal Progress Report 6. Department(s) Updates 7. Other Topics Other items may be added upon Council request or operational need. ACTION REQUIRED Schedule a February Council workshop a suggested date is April 26h at 6:00 p.m., or another date and time acceptable to the Council. (I C I T Y 0 F 9 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 Administrator's Report March 15, 2011 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. Legislative Topics 3. Update on Development/CIP Projects 4. Meeting reminders Upon receipt of the meeting packet, if a member of the Council would like an update on a particular item, please notify me so an adequate update can be made. submitted, -%-LND0VE^, 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 March 15, 2011 City Council Meeting DATE: March 15, 2011 The City Council is requested to receive the following supplemental information. Discussion Items Item #8. Anoka County Sheriff s Dept. Monthly Report (Supplemental) — Sheriff 03/14/2011 15:02 7637674679 ANOKA CO SHER PATROL PAGE 02/03 CITY OF ANDOVER — FEBRUARY 2011 ITEM FEBRUARY JANUARY YTD 2011 BRU'ARY FEBRUARY YTD 2010 Radio Calls 647 700 1,347 1,283 Incident Reports 505 609 1,114 1,298 Burglaries 6 2 8 6 Thefts 32 46 78 64 Crim.Sex Cond. 1 3 4 1 Assault 3 3 6 4 Dam to Prop. 7 10 17 22 Harr. Comm,. 7 14 21 24 Felony Arrests 5 14 19 5 Gross Mis. 2 2 4 1 Misd. Arrests 13 20 33 51 DUI Arrests 6 13 19 14 Domestic Arr. 4 5 9 2 Warrant Art. 1 10 14 15 Traffic Arr. 114 122 236 401 nuI OFFENSES: DAY OF Sunday Monday Tuesday Wednesday Thursday Friday Saturday WEEK: TIME: 00:23 00.42 21:10 01:06 1 G:16 01:50 03/14/2011 15:02 7637674679 ANOKA CO SHER PATROL PAGE 03/03 CITY OF ANDOVER FEBRUARY 2011 COMMUNITY SERVICE OFFICER REPORT ITEM FEBRUARY JANUARY YTD 2011 FEBRUARY XTD 2010 Radio Calls 95 62 62 165 Incident Reports 87 73 160 168 Accident Assist 8 10 18 8 Vet, Lock Out 33 27 60 33 Extra Patrol 227 186 413 255 House Check 37 13 50 3 Bus. Check 5 7 12 22 Animal Compl. 25 19 44 41 Traffic Assist 3 9 12 31 Aids; Agency 143 127 270 280 Aids: Public 27 22 49 55 Paper Service 0 0 0 0 Inspections 0 0 0 0 Ordinance Viol, 3 1 4 2 CITY OF ANDOVER 2011 Monthly uilding Report TO: Mayor and City Council FROM: Don Olson FEBRUARY BUILDING PERMITS Permit/Plan Tax Total Valuation 4 Residential $ 9,720.05 $ 407.00 $ 10,127.05 $ 814,000.00 Single Family, 4 9,720.05 407.00 _ 10,127.05 _ 814,000.00 Septic Townhome - - - 1 Additions 1,177.69 30.00 1,207.69 60,000.00 Garages - - - - 5 Basement Finishes 500.00 25.00 525.00 - Commercial Building - - - _ Pole BldgsBams Sheds - Swimming Pools - - - - Chimney /Stove /Fireplace es 23.50 0.50 24.00 500.00 - - - _ _ - "FireDamage - - - _ ge - I 75.00 5.00 80.00 3 225.00 15.00 24 0.00 Other Commercial Plumbing - 2 Commercial Heating 135.17 1.47 136.64 2,940.00 2 Commercial Fire Sprinkler 139.48 3.28 142.76 6,200.00 - Commercial Utilities - - - - - Commercial Grading - - _ _ 19 Total Building Permits $ 11,995.89 $ 487.25 $ 12,483.14 $ 883,640.00 PERMITS Permit/Plan Tax Total Fees Collected 19 Building Permits $ 11,995.89 $ 487.25 $ 12,483.14 $ 883,640.00 - Ag Building - - - - Curb Cut - - - - Demolition - Fire Permits. - Footing - Renewal - Moving - - _ 20 Heating 1,590.00 100.00 1,690.00 4 Gas Fireplaces 300.00 20.00 320.00 23 Plumbing 1,610.00 115.00 1,725.00 9 Pumping 135.00 - 135.00 Septic New Septic Repair _ 4 Sewer Hook -Up 100.00 - 100.00 4 Water Meter 200.00 200.00 Sewer Change Over /Repair - - Water Change Over 4 Sac Retainage Fee 89.20 89.20 4 Sewer Admin. Fee 60.00 60.00 4 Certificate of Occupancy 40.00 40.00 4 License Verification Fee 20.00 20.00 Reinspection Fee - _ 6 Contractor License 300.00 300.00 2 Rental License - Single 100.00 100.00 Rental License - Multi - - Health Authority - - _ 107 TOTALS $ 16,540.09 $ 722.25 $ 17,262.34 $ 883,640.00 Total Number 0f Homes YTD 2011 8 Total Number of Homes YTD 2010 14 Total Valuation YTD 2011 $ 1,965,740.00 Total Valuation YTD 2010 $ 2,785,082.00 Total Building. Department Revenue YTD 2011 $ 46,312.78 Total Building Department Revenue YTD 2010 $ 44,917.58 1685 CROSSTOWN BOULEVARD N.W. *ANDOVER, MINNESOTA 55304 e (763) 755 -5100 FAX (763) 755 -8923 e WWW.CLAN DOVER. MN. US March 15, 2011 Laurie Jennings Metro Cities 145 University Avenue St Paul, MN 55103 Re: Support for Councilmember Mike Knight Dear Ms. Jennings, The City of Andover is a Metro Cities member city and understands the importance of proper transportation planning and programming for the Twin Cities Metropolitan Area. The City of Andover also understands the role of Met Council's Transportation Advisory Board (TAB) and recognizes the need for knowledgeable and committed board members. The Andover City Council is in full support of Andover Councilmember Mike Knight's pursuit of an open board seat for Met Council's TAB. Councilmember Knight has been an active member in North Metro for many years and possesses the knowledge and commitment to serve on the TAB. Respectfully, City of Andover 2 Mike Gamache ' S eri Bukkila Mayor Councilmember n J obson Councilmember �jUe Trude Councilmember