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HomeMy WebLinkAboutCC - June 21, 2011PARM •I.4'yJ ?1 r. 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV Regular City Council Meeting — Tuesday, June 21, 2011 Call to Order — 7:00 p.m. Pledge of Allegiance Special Presentation — CenterPoint Energy Community Partnership Grant Resident Forum Agenda Approval 1. Approval of Minutes (5/2/11 Joint Meeting; 6/7111 Regular; 6/7/11 Closed) Consent Items 2. Approve Payment of Claims — Finance 3. Award Quote /11- 14/Fencing for Tower #1 (Rose Park) —Engineering 4. Commit Specific Revenue Sources in Special Revenue Funds — GASB #54 --Finance 5. Approve Appointment/Community Development Director -Administration Discussion Items 6. Anoka County Sheriff's Office Monthly Report - Sheriff 7. Consider Changes to City Code to Comply with Variance Legislation by the State of MN - Planning Staff Items 8. Discuss July 5, 2011, City Council Meeting -Administration 9. Reschedule August 2, 2011 City Council Meeting — Administration 10. Administrator's Report —Administration Mayor /Council Input Closed Session — Pitman Appeal Adjournment C I T Y O F NDOVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55303 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: Special Presentation — CenterPoint Energy DATE: June 1, 2010 A representative from CenterPoint Energy will be present at the meeting to present to the City Council and Fire Department a CenterPoint Energy Community Partnership Grant to be used for the purchase of tools and equipment for the major incident trailer. submitted, 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 - (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and City Council CC: Jim Dickinson, City Administral FROM: Michelle Hartner, Deputy City C SUBJECT: Approval of Minutes DATE: June 21, 2011 INTRODUCTION The following minutes were provided by Timesaver for City Council approval: May 2, 2011 Joint Meeting with Ramsey June 7, 2011 Regular June 7, 2011 Closed 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 0 TABLE OF CONTENTS 1. CALL TO ORDER ............................................................ ............................... 2 2. INTRODUCTION ....................................................... : ............ ..... :............... 2 3. COUNCIL BUSINESS ............................................................... ............................... 3 3.01: General Development Update ..................................................... ............................... 3 3.02: Bunker Lake Boulevard Reconstruction ..................................... ............................... 3 3.03: County Highway Access Policy .................................................. ...............6............... 4 3.04: QCTV Strategic Plan .......................................... . .................... ............. :................ .... 4 3.05: Lower Rum River Watershed Management Organization .............................. 5 3.06: City Collaboration Opportunities ................................................ ............................... 5 3.07: Other Topics ................................................................................ ............................... 6 4. MAYOR, COUNCIL AND STAFF INPUT ............................................ ............................... 6 5. ADJOURNMENT .......................................................... ...........................:..7 Ramsey and Andover Joint City Council / May 2, 2011 Page 1 of 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 JOINT CITY COUNCIL MEETING WITH THE CITY OF ANDOVER ANOKA COUNTY STATE OF MINNESOTA The Ramsey City Council conducted a joint meeting with the City Council of Andover on Monday, May 2, 2011, at the Ramsey Municipal Center, 7550 Sunwood Drive NW, Ramsey, Minnesota. Members Present: Mayor Bob Ramsey Councilmember Randy Backous Councilmember David Elvig (arrived 7:58 p.m.) Councilmember Colin McGlone Councilmember Jason Tossey Councilmember Jeffrey Wise Absent: Andover Members Present: Councilmember David Jeffrey Mayor Mike Gamache Councilmember Sheri Bukkila Councilmember Don Jacobson Councilmember Mike Knight Councilmember Julie Trude Also Present: City Administrator, Kurtis Ulrich Public Works Director, Brian Olson Senior Planner, Timothy Gladhill Andover City Administrator, Jim Dickinson Andover Director of Public Works /City Engineer, Dave Berkowitz 1. CALL TO ORDER Mayor Ramsey called the joint meeting of the Ramsey City Council and Andover City Council to order at 6:30 p.m., followed by the Pledge of Allegiance led by Mayor Ramsey. 2. INTRODUCTION None. Ramsey and Andover Joint City Council / May 2, 2011 Page 2 of 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 3. COUNCIL BUSINESS 3.01: General Development Update City Administrator Ulrich explained the concept of The COR at Ramsey. He noted the rail station is planned to be within The COR development. This is a high priority for Rarasey. In addition, a 230 - unit apartment and 80 -unit senior living project is being proposed. He noted the other events such as the Farmers Market and The Draw. He mentioned Legacy Christian Academy is going to build at the intersection of Bunker Lake Boulevard and Armstrong where they purchased 187 acres total, although they are building on 90 acres and that is off the tax rolls. Councilmember Trude acknowledged Legacy's move to Ramsey and explained their Council was aware because one of their Councilmembers is on its Board. Andover City Administrator Dickinson stated their City reached 70 new homes in the last year; 68 of them were single family. They started out 2011 with 10 new homes. He noted the major projects Andover has had such as the law enforcement center; expansions at Bunker Lake; and a few commercial businesses will be expanding. He said he does not anticipate an increase in residential development and the City is working on electronic signs in the community. Andover City Administrator Dickinson advised that the intersection of 7h Avenue and Bunker Lake Boulevard will have some work this summer. Councilmember Knight mentioned Castel Field in Anoka will be moved to the intersection of 7t" Avenue and Bunker Lake Boulevard. This is being marketed now. 3.02: Bunker Lake Boulevard Reconstruction Public Works Director Olson warned this summer will be very busy for road construction on Bunker Lake Boulevard. It will be closed for eight weeks and there will be many detours through the City. Mayor Ramsey noted the road closures and detours have been very controversial for the Ramsey Council. Discussion took place regarding the best place to create turns into the industrial park off Bunker Lake Boulevard. Councilmember McGlone commented the cuts and accesses in Andover into the Cinema area seem to work well. Councilmember Trude explained it is not the best situation for businesses. The County provided the access and this is currently going through an engineering study. Public Works Director Olson noted Anoka County is somewhat stringent on accesses and he hopes to see information on guidelines from the County by the first part of May.. He explained Ramsey and Andover Joint City Council / May 2, 2011 Page 3 of 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Bunker Lake Boulevard will be a 4 -lane divided highway through Ramsey and one section between Ramsey Boulevard and Sunfish Lake Boulevard that will need to be upgraded. Mayor Gamache questioned why the ramp over Highway 10 will be at Armstrong Boulevard and not Ramsey Boulevard. Mayor Ramsey responded Ramsey Boulevard is lesser traveled and in the future could be the gateway to a bridge. City Administrator Ulrich added the decision was made a few years ago. Sunfish Lake Boulevard, Ramsey Boulevard and Armstrong Boulevard were the three choices for the ramp. Since Sunfish Lake Boulevard and Ramsey Boulevard have been constructed, Armstrong Boulevard was the ultimate solution. Public Works Director Olson raised the issue of the Highway 10 placement. In 2004, the businesses that were part of the decision - making were 27% of the tax rolls. This was a big decision. Now MnDOT is changing gears and does not want to change the Highway 10 placement. Public Works Director Olson noted Arlene McCarthy from the Metropolitan Council attended a meeting last week to discuss the transit tax district. At this point, Ramsey could not opt out and the cost of to the City would be $300,000. Andover City Administrator Dickinson acknowledged their cost is about the same. Discussion took place on the pros and cons of a rail station and the potential TIF district. 3.03: County Highway Access Policy Andover Director of Public Works /City Engineer Berkowitz explained Bunker Lake Boulevard from Jefferson Street in Ham Lake all the way through Ramsey will be a divided highway. Anoka County is helping monetarily as well as the cities of Andover and Anoka. Andover is planning various uses on the northeast corner of 7h Avenue and Bunker Lake Boulevard. Andover Director of Public Works /City Engineer Berkowitz mentioned that the City pays up to 75% of reconstruction costs, and the remaining 25% is assessed to the citizens for local street reconstruction. Most of the neighborhood knows their road needs reconstruction and anticipate it. When staff has to spend a lot of time on the upkeep of the roads, they evaluate to determine if it should be reconstructed. Public Works Director Olson stated Ramsey's assessment is 50% for overlays. The roads are lasting about 40 years before staff has to reconstruct and Ramsey sealcoats on a preplanned schedule to maintain the quality of the roads. 3.04: QCTV Strategic Plan Councilmember Jacobson commented when QCTV began, it was a broadcast vehicle that provided an outlet for people to make their own movies. Now there are social networking sites Ramsey and Andover Joint City Council / May 2, 2011 Page 4 of 7 1 for that, and QCTV is still handling the government broadcasting and the sports events. He felt it 2 was becoming an internet operation and it is questionable what the future holds. 3 4 Councilmember Trude noted the Joint Powers agreed to pay for the structure, which is paid for, 5 and she believed the member cities still have an obligation to run the system. 6 7 Councilmember Jacobson stated he believes it will go to high definition and be internet based in 8 the future. 9 _ 10 Mayor Ramsey questioned how funds could be generated to use the facilities to move forward 11 because without cable TV, there are no franchise fees. He asked if it can be sustained if only 12 used for venues to broadcast meetings or similar programs. 13 14 Councilmember Jacobson explained the franchise agreement needs to be renegotiated. The 15 County broadband signal is coming in, and Comcast may ask for a fee. 16 17 Mayor Ramsey brought up the issue of the split for income from QCTV. Historically, Anoka 18 was paying the most because of its growth, but it cannot grow anymore. However, Ramsey and 19 Andover continue to grow, so the distribution many need to be reconsidered. 20 21 3.05: Lower Rum River Watershed Management Organization 22 23 Mayor Ramsey suggested cities should be represented by an elected official on this board rather 24 than staff because decisions are being made that affect the cities, and those decisions should 25 come from elected officials. He pointed out that if the Board exceeds any state or federal 26 guidelines, there is potential for a lawsuit and municipality is liable to pay for the litigation. 27 28 Councilmember Trude mentioned she is on the Technical Advisory Committee. The Committee 29 provides technical expertise and considers planning and zoning for the County. She said she can 30 see what is happening at the Council level and used that knowledge for this Committee; however, 31 the discussions in this Committee center mostly on engineering. She can consider the impact to 32 the residents while the engineers do not have that kind of exposure. 33 34 Andover City Administrator Dickinson explained the cities have been following the grandfather 35 rule for designating a LRRWMO Board Member, which has been reviewed by attorneys. He 36 noted if at some point when Todd Haas from the city did not want the position any more, it could 37 be filled with an elected official going forward. That is up to the Council. 38 39 Mayor Gamache commented he is comfortable with their Councilmember on the TAC because of 40 the member's background. He said they have staff on the LRRWMO which works out well 41 because staff is familiar with the City's position on many of the items that are discussed. 42 43 Councilmember Elvig arrived at 7:59 p.m. 44 45 46 47 Ramsey and Andover Joint City Council / May 2, 2,011 48 Page 5 of 7 1 3.06: City Collaboration Opportunities 2 3 Andover City Administrator Dickinson stated in a recent Local Government Official's meeting, 4 discussions took place regarding cooperation between cities. The discussions identified five 5 areas the cities should work together with other entities. One is service sharing and another is 6 equipment sharing. He felt it would be beneficial to take advantage of fiber and technological 7 systems, which could be a countywide sharing. He said another area is that each City should 8 know what is available in the neighboring communities as far as economic development. He 9 suggested a goal be identified to keep economic development within the County. The last area is 10 citizen communication, including communication at the administration level. Andover City 11 Administrator Dickinson felt cities needed to do a better job to engage, listen and get information 12 back to citizens. 13 14 Mayor Ramsey stated sharing software would be a big improvement. 15 16 Councilmember Knight noted if the public sees the cities working together, that alone is a 17 benefit. He gave examples of other cities and how their sharing of equipment worked. 18 19 Andover City Administrator Dickinson noted they will be meeting soon at the County level, 20 where he will propose the collaboration concept. Once it is adopted at the County level, it will 21 be distributed to City Councils. At that point, there will be a recruitment of volunteers to attend 22 meetings. 23 24 Discussion took place regarding sharing equipment, the potential of the equipment coming back 25 needing repair, and whether it would be feasible to share snow plowing. 26 27 3.07: Other Topics 28 29 Mayor Ramsey solicited ideas for a "brand" of the area. 30 31 Andover City Administrator Dickinson said the theme they are now considering is "Up North" — 32 the northern metro area is the new up north. 33 34 Councilmember Knight discussed the carp issue at the Coon Rapids Dam. 35 36 Councilmember Tossey stated he understood the approach that is being taken is highly efficient. 37 He added if the carp get into the Rum River, it can easily get to Mille Lacs. 38 39 City Administrator Ulrich noted this issue will be discussed further. 40 41 Discussions took place on the state of trails, and the possibility of having trails that connect the 42 two County parks. A discussion also ensued on the types of associations that oversee athletic 43 organizations. 44 45 46 47 Ramsey and Andover Joint City Council / May 2, 2:011 48 Page 6 of 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 4. MAYOR, COUNCIL AND STAFF INPUT None. 5. ADJOURNMENT The joint meeting of the Ramsey City Council and Andover City Council adjourned at 8:40 p.m. Respectfully submitted, Jim Dickinson City Administrator Drafted by Chris Moksnes TimeSaver Off Site Secretarial, Inc. Ramsey and Andover Joint City Council / May 2, 2011 Page 7 of 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 REGULAR ANDOVER CITY COUNCIL MEETING —JUNE 79 2011 MINUTES The Regular Bi- Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, June 7, 2011, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Sheri Bukkila, Don Jacobson, Mike Knight, and Julie Trude Councilmember absent: None Also present: City Attorney, Scott Baumgartner Director of Public Works /City Engineer, Dave Berkowitz City Administrator, Jim Dickinson City Planner, Courtney Bednarz Others PLEDGE OFALLEGL4NCE RESIDENT FORUM Ms. Colleen Kaufenberg, 2244 149th Avenue NW, lives right behind the high school. She expressed concern about the amount of water that has been pumped and has been standing in their backyards. She stated other neighbors have the same concerns. Her backyard is a swamp and has been that way for weeks. This was due to the pumping of the City well. Hundreds of thousands of gallons of water have been pumped. The ground is saturated. She met with David Berkowitz a month ago and asked if anyone from the City staff had seen the situation. She was told the last pumping would be that day. She requested the pumping be postponed until the following week to allow for some of the standing water to soak in. She requested the water be pumped off her and her neighbors' properties. She did use a small pump to remove some of the water. Ms. Kaufenberg contacted Councilmember Trude who came and looked at the situation. She saw the stagnant smelly water. Staff told her they would put a pump on the property and begin pumping the water. The pumping of the well has stopped. The water remains on her property and her neighbors' property. The City did do pumping in her backyard for approximately one week. It reduced the amount of water some, but still many homes are being impacted. The water was 3 feet deep at one time. This is a hazard to the children in the neighborhood. She believes there are bacteria growing in the water. The mosquito issue is also a problem. She asked why the water is not draining properly through the easement. She requested the pumping continue until the water is gone. The ground needs to be dried out. If this would be an ongoing issue the easement may need to be looked at as it is not working. She presented photographs of the properties. She invited the Council to visit the properties. Mr. Berkowitz stated pumping was done last week. There were 5 '/2 inches of rain a couple 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Regular Andover City Council Meeting Minutes —June 7, 2011 Page 2 weeks ago over a 24 hour period. There were culverts and storm water basins overflowing. Water is no longer being pumped from the well. He stated the ponding system continues to overflow. He stated it will continue to flow until evaporation occurs. Mayor Gamache noted Mr. Berkowitz did provide some pictures to the Council via email. Ms. Kaufenberg stated the pictures she provided were prior to the 5 '/z inches of rain. The water is intended to flow through adjacent properties. Mr. Berkowitz stated the ultimate solution is to go into the three properties and grade the properties to enable the water to flow correctly. Councilmember Jacobson asked where the water was pumped and Mr. Berkowitz stated it was pumped from the properties to ponds on the school property with their permission. Mayor Gamache stated in May there was 8 inches of total rain in Andover. Mayor Gamache asked if there are some drainage easement issues. Ms. Kaufenberg stated the homes to the west, the pool of water has started evaporating. They have been in their home 3 years. There has never been ponding water on their property. Mayor Gamache asked if Staff would look at the problems with the easement and come back to the Council with recommendations on what can be done working with Ms. Kaufenberg. Mr. Berkowitz stated they can send the surveyors out to shoot the elevations and look at the properties and the easement. Mayor Gamache asked if the pump could be set up again to pump the water from the properties. Mr. Berkowitz stated they could with Council direction. Mr. Dickinson stated there is no structural issue for the home. They do riot want to commit the City to pumping in these situations if no structure is impeded. If pumping is done from one easement to another, to another it will not solve the problem, it just moves the issue down stream. Councilmember Trude stated Ms. Kaufenberg is requesting the pumping continue so her property can be used. Councilmember Jacobson stated he would like to move this item to later on the agenda so other residents present for the public hearings can be heard. Councilmember Knight stated the City well was pumped which may not occur in other areas. Mr. Dickinson stated they have pumped other wells in the same manner. Councilmember Trude stated she supports additional pumping be done on Ms. Kaufenberg's property. Ms. Kaufenberg stated the ponded water has sat on her property for 8 weeks. If there is more rain the water will come closer to the structure. Mr. Dickinson stated pumping the city well is common practice and there is some more rehabbing needed on the well. He suggested staff look at the elevations in the area. Councilmember Bukkila stated there are a number of issues, but particularly the well and the pumping. Pumping of this well has not been done for 15 years. She stated had the elevations 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Regular Andover City Council Meeting Minutes —June 7, 2011 Page 3 been working as they should, there would likely not be a problem. The rain made it worse. Ms. Kaufenberg was told the problem could be in the last ponding basin. She is concerned that the properties would be dug up to fix the easement. Councilmember Bukkila stated she was told by staff that while they were pumping they were drawing water from the ponds onto the property. Mr. Berkowitz stated when the low area is pumped it has continued to fill from the pond upstream. As soon as the pump is removed the water will rise again on Ms. Kaufenberg's property. There is still 1 inch of water in the outflow pipe for the pond. Upstream the pond needs to be lowered below the pipe elevation then the water would stop draining on the property. The ponds upstream are outflowing and the water continues to come out of the pond. There could be one or two more weeks of pumping needed for the well, but that is not planned now since the well needs to be in production. Councilmember Bukkila questioned how often maintenance of this type would need to be done. Mr. Berkowitz stated approximately every 6 years. Higher capacity was needed from the well. The City needs to continue general maintenance on the wells to provide water to the entire City. Mr. Dickinson stated the times when water levels are down it would be looked at again. Mayor Gamache stated Councilmember Trude wanted to start pumping. This resident has come before Council. Mr. Dickinson stated they could pump and determine elevations, pumping would be to the end of the week. Ms. Kaufenberg stated the adjoining properties are affected. Mayor Garnache summarized that her backyard will be pumped and surveyed. Mr. Berkowitz stated it is difficult to change the design of the system. Mr. Berkowitz suggested he take Ms. Kaufenberg on a tour to see how the system actually works. Ms. Kaufenberg suggested there are design problems that make it not work correctly. Councilmember Trude stated staff has been very accommodating. Ms. K.aufenberg came to the Council for resolution to her issues. Councilmember Bukkila stated if one Councilmember is aware of a situation that does not mean all Councilmembers are aware. They cannot discuss issues outside of Council meetings. AGENDA APPROVAL Councilmember Jacobson noted supplemental information was provided for item 9. Councilmember Trude requested item 4 under consent items be moved to under item 12. Motion by Jacobson, Seconded by Trude, to approve the Agenda as amended above. 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 43 44 45 Regular Andover City Council Meeting Minutes —June 7, 2011 Page 4 APPROVAL OF MINUTES May 17, 2011, Regular Meeting: Councilmember Jacobson noted the following corrections: Page 3 — Line 26 — insert the word "law" after ...some law changes ... Page 4 — Line 19 — insert the word "rules" after ... reviewed the rules the .. . Page 4 — Line 20 - revise sentence to read ... Council is requested to consider the skate park rules which have been recommended by the Park and ... Page 4 — Line 37 — the word "states" should be "state" Page 4 — Line 42 — the word "includes" should be deleted. Page 5 — various lines — Commissioner Van Vark's name was misspelled — Mr. Dickinson stated the name was spelled correctly in the minutes. Councilmember Trude noted the following corrections: Page 1— Line 30 — after March 2011. Insert "He lives in Ham Lake and represents District 9 ... Page 1 — Line 41 — after Mr. Reynoso Insert "provided details on his background and then went on to note the State ... Councilmember Trude commented there was a lot he covered which were not reflected in the minutes. Page 3 — Lines 26 & 27 — Councilmember Trude requested to reword the sentence as it does not make any sense the way it was written. After "State level" the remainder of the sentence be stricken and replaced with "reducing the number of offenses requiring court appearances. Now a citation is written that is payable ". Councilmember Trude noted what City Attorney Baumgartner said was not indicated in the minutes correctly. Mr. Baumgartner stated felony arrests were down and then misdemeanor arrests were discussed and many misdemeanors that used to be mandatory court appearances are no longer mandatory court appearances because the law has changed those to payables. Page 4 — Line 38 — Add at the end of the line — He emphasized that anyone purchasing skate equipment is already advised about PPE by the manufacturers. Page 5 — Line 1 — Revise to "Councilmember Trude wants the rules to be short and simple so they are read ... Page 6 — Line 23 — Revise to "Councilmember Trude stated a renaming would assist residents in locating the park because there has been more publicity on the Martin's Meadows Open Space location. Motion by Jacobson, Seconded by Trude, to approve the minutes as amended. Motion carried unanimously. May 24, 2011, Workshop Meeting 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Regular Andover City Council Meeting Minutes —June 7, 2011 Page 5 Motion by Jacobson, Seconded by Trude, to approve the minutes as presented. Motion carried unanimously. CONSENT ITEMS Item 2 Approve Payment of Claims Item 3 Award Quote /11- 12/2011 Parking Lot Maintenance Item 5 Authorize RFP- Agent/Broker of Record City's Employee Benefits Program Motion by Jacobson, Seconded by Knight, approval of the Consent Agenda as read. Motion carried unanimously. HOLD PUBLIC HEARING /ORDER PLANS & SPECS 111- 241BUTT.ERNUT STREET NW, 173rd AVE NW & FLINTWOOD STREET NW Mr. Berkowitz reviewed the neighborhood adjacent to Butternut St. ]vW, 173`d Ave NW & Flintwood St. NW submitted a petition to pave the gravel road in this area due to a recent policy change allowing up to a 50% city cost share, with the remaining 50% of the project costs assessed to the benefitting properties. The petition was accepted by the City Council at the May 3, 2011 City Council meeting and the feasibility report was accepted on May 17, 2011. The estimated assessment per unit is $7,600.00. This can be paid over a. 10 year period. If paid within 30 days after the assessment hearing, no interest would be charged. The street reconstruction project would be funded from the City's Road and Bridge Fund and 50% of the total project costs would be assessed to the benefitting properties as identified in the City's Assessment Manual (Policy and Procedures Guide). The City cost as identified in the feasibility report is estimated at $136,900 and the estimated assessment amount is $136,900. The City Council is requested to approve the resolution ordering the improvement of Project 11- 24, Butternut Street NW, 173`d Avenue NW & Flintwood Street NW for street improvements. Councilmember Jacobson asked how many were in favor on the petition. Mr. Berkowitz stated there were 12 in favor, 4 maybe, and 1 did not sign. Motion by Knight, seconded by Bukkila, to open the Public Hearing. Larry and Robin Capeling, 17251 Butternut Street NW, appeared to address the Council. He stated his lot would need to be subdivided to give access to the adjoining lot. The total size is 9.45 acres. Some of his property was forfeited to give access to Genthon Ponds. These two lots are proposed to be assessed and the property is homesteaded. Mr. Berkowitz stated there were some lots that could to be split. Mr. Berkowitz stated they work with planning to see if there is potential for the lot to be split. Mayor Gamache asked if deferments could be done if they should split the lot in the future. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Regular Andover City Council Meeting Minutes —June 7, 2011 Page 6 Councilmember Jacobson asked if the lot is one property. Mr. Capeling stated they were purchased as two lots and were combined for tax purposes. The two lots only have one access to Butternut Street. Councilmember Trude asked if 17 parcels could be assessed. Mr. Berkowitz stated the plan was for 18 parcels. Councilmember Bukkila stated she would be in support of the deferral. Ms. Capeling stated there really isn't a place for an access and it is not feasible to split the lot. Mayor Gamache asked what had been done when 157th Avenue was assessed. Mr. Berkowitz stated there were lots that had potential lot splits. Mayor Gamache stated there were some long skinny lots where the backlots would have no access. Mr. Berkowitz stated there could be deferments to a time when the lots were split. Councilmember Jacobson asked if the property is considered one lot and Mr. Capeling stated the lots were combined for tax purposes with one access to Butternut Street. Councilmember Bukkila stated she would be willing to consider the deferral option for the second lot for this property. Mr. Berkowitz indicated on the map where a possible access could occur if another home were built on the second lot. Mr. Dickinson stated if the property is sold special language could be added to the deferral where the assessment would be due only if the property was sub - divided. If nothing happens in 25 years the assessment goes away, reverse amortization would happen after 15 years. Mr. Berkowitz stated the language will be addressed during the assessment hearing regarding these properties. This will be reviewed with the property owner prior to the public assessment hearing. Mr. Rory Larson, 17432 Flintwood St. NW, has lived there for 27 years. He stated he would like to see asphalt put down. It's not a good time, but when would a good time be. He stated he is in favor of the project. Motion by Jacobson, Seconded by Knight, to close the Public Hearing. Motion by Jacobson, Seconded by Knight, to approve the resolution ordering the improvement of Project 11 -24, Butternut Street NW, 173`d Avenue NW & Flintwood Street NW for street improvements. Motion carried unanimously. (See Resolution R045 -11) HOLD PUBLIC HEARING /ORDER PLANS & SPECS 111- 2A/FLINTWOOD ST. NW Mr. Berkowitz reviewed this project was originally included in the 2011 Street Reconstruction project and put on hold after the Public Hearing, due to concerns from the residents regarding the existing gravel road that is used to access their properties. This neighborhood is north of the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Regular Andover City Council Meeting Minutes —June 7, 2011 Page 7 gravel road section of Butternut Street NW, 173`d Lane NW and Flintwood Street NW. A policy change has initiated a petition from the gravel road neighborhood to pave the streets, which in turn has initiated the City to reintroduce reconstruction of the north half of Flintwood Street NW. The estimated assessment per unit is $3,870. The current pavement will be removed, ground up and replaced. The street reconstruction project would be funded from the City's Road & Bridge Fund and 25% of the total project costs would be assessed to the benefitting properties as identified in the City's Roadway Reconstruction Assessment Policy and Assessment Manual (Policies and Procedures Guide). The City cost as identified in the feasibility report is estimated at; $69,600 and the estimated assessment amount is $23,200.00. There are six properties proposed to be assessed. The City Council is requested to approve the resolution ordering the improvement of Project 11- 2a (Flintwood Street NW), 2011 Street Reconstruction. This project was not petitioned. Motion by Knight, Seconded by Jacobson, to open the Public Hearing. Motion carried unanimously. Mr. Joel Godin, 17597 Flintwood St. NW, stated his complaint is the property that faces 177Th Avenue. They should be assessed as they would split the lot. Mr. Godin questioned why the address of the property is how the property is considered for assessments. Mr. Dickinson stated to add that property would require a modification to the assessment policy. Mr. Godin stated they have a driveway on 177th Avenue and Flintwood Street. The Flintwood Street access was added after the property was purchased. Mr. Godin stated the lot could be easily split. Councilmember Trude stated they would be assessed when 177th Avenue is improved. Mr. Godin asked if they could continue using the Flintwood Street access after it is redone. Mr. Bednarz stated the frontage on Flintwood Street would have to be 350 feet to be a valid lot split. City Attorney Baumgartner stated the same situation lies on the property 17674 Flintwood St. which would not be accessed if 177th Avenue were improved. Mr. Godin asked what determines culvert replacement under a roadway. Mr. Berkowitz stated they run a camera through the culvert. Part of this project is culvert replacement. Mr. Godin asked about the driveway culverts. Mr. Berkowitz stated if there is a problem with a driveway culvert the residents should think about replacing it along with this project. Mr. Berkowitz stated when a contractor is selected residents can have individual agreements with them. Mr. Ron Foster, 17572 Flintwood St. NW, stated he has two lots along Flintwood Street NW. He thinks the corner lot should be included on the assessment since they :have access to Flintwood Street. They will be benefitted as well as the other residents on the street. He hopes the speed limit is 30 mph. He stated something needs to be done about ditching. Currently water runs right onto his property as there is no ditching. He would like an apron and culvert put on his other lot. He is happy the whole road will be done. 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 Regular Andover City Council Meeting Minutes —June 7, 2011 Page 8 Mr. Berkowitz stated the drainage pattern will not be changed. No apron will be added to a vacant lot that does not currently have one. Mr. Foster stated if the vacant lot is paying the full assessment they should receive the same benefit. Cindy Foster, 17572 Flintwood St NW, stated the corner lot resident's children are picked up on Flintwood Street NW. They turn around in her driveway. She requested an apron be put on their vacant lot or the cost of the apron be deducted from their assessment. Louise Sivanich stated the students being picked up on the corner of Flintwood Street instead of 177th Avenue is considered a courtesy stop. Councilmember Knight asked about the lot with two accesses. Mr. Berkowitz stated an apron would be put on the access to Flintwood Street. The cost is approximately $200. Mr. Godin stated the house on the corner is over 25 years old and the access driveway to Flintwood Street is less than 25 years old. He requests the City review their policy and the corner lot should pay their equal part. Councilmember Jacobson asked if in the past hasn't some land around a corner been assessed. Mr. Dickinson stated the City policy is just the addressed side of a corner property. Mr. Berkowitz stated if that property were to be added the entire process would need to start over. Mr. Godin stated this was brought up at the first public hearing. Mr. Berkowitz stated there is now a formal process for approving a second driveway. Mayor Gamache stated in the past if there was a second driveway the City did not do anything. Mr. Godin stated that corner property is benefitting from this project. City Attorney Baumgartner referred to Minnesota Statute 429.051 regarding the apportionment of costs a property can be assessed even if it does not abut an improvement as long as you can show there is a benefit received by the project. The City policy to assess by street address has been in effect for many years. Motion by Jacobson, seconded by Bukkila, to close the Public Hearing. Motion carried unanimously. Motion by Jacobson, Seconded by Bukkila, to approve the resolution ordering the improvement of Project 11 -2a (Flintwood Street NW), 2011 Street Reconstruction. Motion carried unanimously. (See Resolution R046 -11) 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 —June 7, 2011 Page 9 HOLD PUBLIC HEARING/PROPOSED ADOPTION OF A MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. I AND THE PROPOSED ADOPTION OF THE MODIFICATIONS TO THE TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT DISTRICT NOS. 1 -1 AND 1 -2, BOTH REDEVELOPMENT DISTRICTS Mr. Dickinson reviewed as the EDA moves toward the completion of tax increment districts established to enable the redevelopment of property near the closed landfill site, there are additional opportunities to build value and eliminate blighted housing within the established development district. As a result, the EDA is proposing to modify the development program and tax increment financing plan to add parcels for potential future acquisition and to clarify budgets. An overview and TIF plan was provided showing the history, objectives and budget for tax increment financing activities in the City. The proposed changes to the plan were presented along with a map of potential parcels for acquisition. When opportunities arise, the City may choose to purchase and redevelop properties to help maintain the overall quality and livability of the city's housing stock. The geographical areas of the districts where the dollars are generated are not being increased. Mr. Dickinson showed TIF District No. 1 -1 (Andover Station North area), and TIF District No. 1 -2 (The Downtown Center). He showed parcels for acquisition on the map. The Planning and Zoning Commission reviewed the proposed modifications at their May 24th meeting. The Commission found the modifications consistent with the Comprehensive Plan. The City Council is asked to hold a public hearing and consider the proposed modifications to the TIF Plan. Councilmember Bukkila left the meeting. Motion by Jacobson, Seconded by Knight, to open the Public Hearing. Motion carried unanimously. Motion by Jacobson, Seconded by Knight, to close the Public Hearing. Motion carried unanimously. Motion by Jacobson, Seconded by Knight, to approve the resolution adopting a modification to the development program for development district No. 1, a modification to the tax increment financing plan for tax increment financing district No. 1 -1 (County No. F9), and a modification to the tax increment financing plan for tax increment financing district No. 1 -2 (County No. Gl). Motion carried unanimously. (See Resolution R047 -11) Councilmember Bukkila returned to the meeting. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Regular Andover City Council Meeting Minutes —June 7, 2011 Page 10 CONSIDER CHANGES TO CITY CODE TO COMPLY WITH VARIANCE LEGISLATION ENACTED BY THE STATE OF MINNESOTA Mr. Bednarz reviewed this item that changes to the City Code that are needed to comply with recent changes in state law regarding variances. The recent changes to state law were reviewed; City Code 12 -14 -7 Variances will need to be amended to reflect these changes. Additionally there are a number of references to variances throughout the City Code that need to be adjusted accordingly. Mr. Bednarz reviewed the proposed changes to the City Code. The Planning and Zoning Commission reviewed the proposed changes on May 24, 2011. The Commission recommended approval of the proposed ordinance amendment, including the modifications suggested by the City Attorney. Councilmember Trude suggested modifications to this item. 12 -14 -7 Variances Section and the modifications were provided in written form. She reviewed her suggested modifications in detail. Councilmember Jacobson questioned if D.1 & 2 should be spelled out. Mr. Baumgartner stated since the Statute spells it out and gives the City specific variances authorized it should. Mr. Bednarz believes it is important to have it included. Councilmember Jacobson stated there are variances the Council can not grant that are not listed specifically. Councilmember Bukkila questioned C 1. Councilmember Trude stated it was included in the staff report. Councilmember Jacobson asked that this item be delayed to have the City Attorney and City Planner review the proposal. Councilmember Trude indicated she would like to participate also. Mr. Baumgartner stated we are trying to encompass everything in the City Code so there would not be a need to refer to the Statute. Motion by Jacobson, Seconded by Bukkila, to table consideration until the next meeting to give staff an opportunity to review and make sure all items are covered. Motion passed unanimously. Mayor Gamache requested the drafts be presented to Council without the strike -outs and if necessary two drafts can be reviewed. Councilmember Trude questioned the appeals section. She stated it is important the appeals process be included in the City Code. Mr. Baumgartner stated the amendment will address the appeal procedure. DISCUSS /CONSIDER RESOLUTION SUPPORTING THE CONCEPT OF COOPERATIONAND COLLABORATION TO PROMOTING GREATER EFFICIENCYIN THE USE OFPUBLICRESOURCES Mr. Dickinson reviewed "innovation ", "redesign ", "process improvement" and "collaboration" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Regular Andover City Council Meeting Minutes —dune 7, 2011 Page 11 are words that are often heard in addressing the current economic condition. For local units of government units to respond, local officials are seemingly faced with fewer and fewer options for quality service delivery along with decreasing fiscal capacity. In response, City, County & School officials from Anoka County have been seeking a way for better relations for improved collaboration and service delivery throughout Anoka County. For over a year these local officials have been involved in a collaborative effort with their peers from other local units of government in Anoka County. This collaboration project was discussed at the Anoka County Local Government Officials Meeting in January and March 2011. One of the outcomes from the March meeting was to have each unit of government adopt a resolution supporting the progress and directing staff to continue to work on the project. Three city administrators, along with county staff, volunteered to help write draft resolutions for the local units of government to consider for approval. Motion by Knight, Seconded by Jacobson, to approve a resolution from the City of Andover supporting the concept of cooperation and collaboration to promoting greater efficiency in the use of public resources. Motion carried unanimously. (See Resolution R048 -11) DISCUSS /CONSIDER 2011 -2012 CITY COUNCIL VALUES AND GOALS Mr. Dickinson reviewed at the past few City Council Workshops, the Council has discussed goals and values independently submitted by each member of the Council. Those values and goals submitted were discussed and organized in the following categories: 1. Fiscal 2. Commercial/Residential Development/Redevelopment 3. Collaboration 4. Service Delivery 5. Livability /Image Councilmember Trude suggested under Service Delivery Goals 1. Change the word "eliminate" to reduce maintenance on parks and the goal should also indicate "expanded" trail system. Motion by Jacobson, Seconded by Knight, to adopt the City of Andover 2011 -2012 Goals and Values as modified. Motion carried unanimously. CONSIDER APPROVAL/EXTENSION OF LIQUOR LICENSE/POV'S SPORTS BAR Mr. Dickinson reviewed Brad Povlitzki, of Pov's Sports Bar, 1851 Bunker Lake Boulevard has submitted a request for an extension of their liquor license. Pov's Sports Bar is planning to hold an outdoor event Friday, July 15th and Saturday, July 16th, 2011 and would like Council to approve an extension of their liquor license to include their fully enclosed. ball fields. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Regular Andover City Council Meeting Minutes —June 7, 2011 Page 12 The Sheriff s Office received 5 complaints on Friday and 2 complaints on Saturday during Pov's 2010 event. Councilmember Bukkila asked if there was rationale to the set -up. Mr. Dickinson stated they tried to point it toward the least dense residential area. Mr. Povlitzki is willing to work with staff to revise the layout if necessary. Councilmember Trude suggested it be aimed SE. Councilmember Jacobson stated if the liquor license extension was not granted, the event can still take place. Councilmember Knight suggested no bass after 10 p.m. Mr. Dickinson stated when Pov's has been asked to reduce sound they comply. Councilmember Trude suggested security be discussed with the owner. Motion by Bukkila, Seconded by Mayor Gamache, for approval of extension of liquor license for Pov's Sports Bar for July 15 -16, 2011 as requested. Motion carried 3 ayes, 2 nays (Jacobson and Trude). ADOPT RESOL UTION SETTING ANNUAL INCOME LEVEL FOR SENIOR CITIZEN AND DISABLED INDIVIDUALS FOR DEFERRAL OFASSESSMENTS & REDUCED SANITARYSEWER RATES Councilmember Trude suggested the income levels remain the same as were in 2010 as $29,400 for senior citizens and $45,100 for disabled individuals. Mr. Dickinson stated this has always been connected with a standard and it is up to the Council. Mr. Dickinson noted there are probably twelve residents that take advantage of this program. Motion by Trude, seconded by Mayor Gamache, to keep the levels the none as last year. Motion carried unanimously. Motion carried 3 ayes, 2 nays ( Bukkila and Jacobson). SCHEDULE JULY COUNCIL WORKSHOP Council is requested to schedule a Council Workshop for the month of July for a number of miscellaneous business items. Staff suggests July 26h at 6:00 p.m. Motion by Jacobson, Seconded by Bukkila, to schedule a July Council workshop on July 26, 2011 at 6:00 p.m. Motion carried unanimously. SCHEDULE JUNE EDA MEETING Council is requested to schedule an Economic Development Authority (EDA) meeting on June 21, 2011 at 6:00 p.m. before the City Council Meeting. Motion by Jacobson, Seconded by Trude, to schedule a June EDA meeting on June 21, 2011 at 6:00 p.m. 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 43 44 Regular Andover City Council Meeting Minutes —June 7, 2011 Page 13 ADMINISTRATOR REPORT City Staff updated the Council on the administration and city department activities, Legislative topics, update on development/CIP projects and meeting reminders /community events. Mr. Dickinson announced the outdoor concert series next event is June 23`d 7:00 -9:00 p.m. Bring your own lawn chairs. Mr. Dickinson stated for residents leaving their boats outside be careful as they are easily accessed and items can be stolen. MAYOR/COUNCIL INPUT Fun Fest Flyers for Distribution — Councilmember Knight asked if staff could come up with a one page flyer on water issues and another on Ash Bore that can be distributed from the Council booth at Fun Fest. Councilmember Trude requested a map of the Open Space parcels also be provided. Skate Board Park Fence/Barrier — Councilmember Knight stated the skateboard park is very close to the street. He suggested some type of fence or barrier be constructed. Skate Board Park Grand Opening — Councilmember Bukkila stated the skate park grand opening is June 23`d at 7:00 p.m. Council Meeting Date - Mayor Gamache stated there maybe a conflict at a July 5, 2011 Council meeting. Two Councilmembers may not be present. Staff will speak with Councilmembers about the schedule. Surley Bill - Mayor Gamache referred to the Surley bill. The Surley Brewery is looking for land to build a brewery and staff will inquire about the possibility of it being in Andover. There would also be an entertainment complex. The Council recessed at 10:15 p.m. to go into a closed session to discuss the Pitman Assessment Appeal. The Council reconvened at 10:20 p.m. to adjourn. Motion by Jacobson, Seconded by Bukkila, to adjourn the regular meeting. Motion carried unanimously. The meeting adjourned at 10:20 p.m. Respectfully submitted, Debbie Wolfe, Recording Secretary Regular Andover City Council Meeting Minutes —June 7, 2011 Page 14 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — JUNE 7, 2011 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE .......................................................................... ............................... 1 RESIDENTFORUM ....................................................................................... ............................... 1 AGENDA APPROVAL ................................................................................... ............................... 3 APPROVAL OF MINUTES ............................................................................ ............................... 4 CONSENTITEMS .......................................................................................... ............................... 5 Item 2 Approve Payment of Claims .......................................................... ............................... 5 Item 3 Award Quote /11- 12/2011 Parking Lot Maintenance .................... ............................... 5 Item 5 Authorize RFP- Agent/Broker of Record City's Employee Benefits Program ............. 5 HOLD PUBLIC HEARING /ORDER PLANS & SPECS /11 -24 /BUTTERNUT STREET NW, 173rd AVE NW & FLINTWOOD STREET NW (See Resolution R045- 11) ............................ 5 HOLD PUBLIC HEARING /ORDER PLANS & SPECS /11- 2A/FLINTWOOD ST. NW (See ResolutionR046 -11) ................................................................................... ............................... 6 HOLD PUBLIC HEARING/PROPOSED ADOPTION OF THE MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 AND THE PROPOSED ADOPTION OF THE MODIFICATIONS TO THE TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT DISTRICT NOS. 1 -1 AND 1 -2, BOTH REDEVELOPMENT DISTRICTS (See Resolution R047 -11) .................. ............................... 9 CONSIDER CHANGES TO CITY CODE TO COMPLY WITH VARIANCE LEGISLATION ENACTED BY THE STATE OF MINNESOTA Motion to Table .......... ............................... 10 DISCUSS /CONSIDER RESOLUTION SUPPORTING THE CONCEPT OF COOPERATION AND COLLABORATION TO PROMOTING GREATER EFFICIENCY IN THE USE OF PUBLIC RESOURCES (See Resolution R048- 11) .................................. ............................... 10 DISCUSS /CONSIDER 2011 -2012 CITY COUNCIL VALUES AND GOALS ......................... 11 CONSIDER APPROVAL/EXTENSION OF LIQUOR LICENSE /POV'S SPORTS BAR........ 11 ADOPT RESOLUTION SETTING ANNUAL INCOME LEVEL FOR SENIOR CITIZEN AND DISABLED INDIVIDUALS FOR DEFERRAL OF ASSESSMENTS & REDUCED SANITARY SEWER RATES Motion to Deny .............................................. ............................... 12 STAFF ITEMS ....................... ............................... .........................Error! Bookmark not defined. SCHEDULE JULY COUNCIL WORKSHOP ............................................... ............................... 12 SCHEDULE JUNE EDA MEETING ............................................................. ............................... 12 ADMINISTRATOR REPORT ...................................................................... ............................... 13 MAYOR/COUNCIL INPUT ......................................................................... ............................... 13 Fun Fest Flyers for Distribution ..................................................................... ............................... 13 Skate Board Park Fence / Barrier ..................................................................... ............................... 13 Skate Board Park Grand Opening .................................................................. ............................... 13 CouncilMeeting Date .................................................................................... ............................... 13 SurleyBill ..................................................................................................... ............................... 13 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 Direct. FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Payment of Claims DATE: June 21, 2011 INTRODUCTION Attached are disbursement edit lists for claims related to the on going business of the City of Andover. (a] DISCUSSION Claims totaling $146,000.63 on disbursement edit list #1- 2 from 06/10/11 — 06 /16 /I1 have been issued and released. Claims totaling $166,137.27 on disbursement edit list #3 dated 06/21/11 will be issued and released upon approval. BUDGET IMPACT The edit lists consist of routine payments with expenses being charged to various department budgets and projects. ACTION REQUESTED The Andover City Council is requested to approve total claims in the amount of $312,137.90. Please note that Council Meeting minutes will be used as documented approval. 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Berkowitz, Director of Public Works /City Engineer SUBJECT: Award Quote /11- 14/Fencing for Tower #1 (Rose Park) - Engineering DATE: June 21, 2011 INTRODUCTION This item is in regard to awarding the quote for Project 11 -14, fencing for Tower #1. (2) DISCUSSION The painting and rehabilitation is near completion on Tower 41 located in Rose Park. As part of this project a fence is proposed to be constructed around the perimeter of the Tower to secure the storage tank and prevent vandalism. Over the last several years the Tower has been painted with graffiti and most recently a lock box that was placed on the Tower to allow access was tampered with. The fence is critical to discourage and make it difficult for these types of activities to occur. The fence was not bid with the project because tower contactors do not typically do fencing work and by working with a local contractor the City can receive a more favorable price. The proposed fence is 8 foot rod iron with shepherd hooks at the top. A gate; would be installed at the driveway entrance to the Tower. This fence is similar to the fence Coon Rapids installed around their Tower off of Hanson Boulevard south of Bunker Lake Boulevard. The difference would be we would not construct the pillars due to the cost. This proposed fence would be an attractive fence that fits within the park and the surrounding neighborhood. Quotes were received for the fencing project and are as follows: Contractor Quote Amount Century Fence $28,240.00 Town & County Fence $30,725.00 Freedom Fence $31,768.51 Century Fence bid a product from Iron World and Town & Country Fence; and Freedom Fence bid a product from Ameristar. Staff recommends the Ameristar product due to the history and quality of the product and belief that the life and long term maintenance with this product is worth the cost. The Ameristar product provides a more pronounced hook at the top of the picket which makes it more difficult to climb over. Mayor and Council Members June 21, 2011 Page 2 of 2 BUDGETIMPACT The project budget for Tower #1 Painting and Rehabilitation which included the construction of a fence is $650,000. The cost associated with the fence would be funded by Water Trunk Fund. ACTION REQUIRED The City Council is requested to approve quotes and award the quote to Town & Country Fence in the amount of $30,725.00_ for Project 11 -14, fence for Tower #1. Respectfully submitted, David D. Berkowitz NDOVE 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 / Finance FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Commit Specific Revenue Sources in Special Revenue Funds — GASB No. 54 DATE: June 21, 2011 INTRODUCTION As mentioned in the 2010 Audit Presentation on May 3, 2011, Governmental Accounting Standards Board (GASB) Statement No. 54 - Fund Balance Reporting and Governmental Fund Type Definitions are effective for the year ending December 31, 2011. GASB Statement No. 54's definition of special revenue funds states that special revenue funds are used to account for and report the proceeds of specific revenue sources that are restricted or committed to expenditures for specified purposes other than debt service or capital projects. DISCUSSION GASB Statement No. 54 discusses which types of activities are to be reported in special revenue funds. Each special revenue fund must have a specific revenue source (excluding investment earnings and transfers in) that is restricted or committed for the specific purpose of the fund. Some restrictions are outside the City's control. City Council action is required in order to commit a specific revenue source to a specific purpose. The attached resolution provides a list of special revenue funds, their specific revenue sources, and their restricted / committed purpose. BUDGETIMPACT No budget impact. ACTION REQUESTED The Andover City Council is requested to approve the attached resolution restricting and committing specific revenue sources for each special revenue fund. Respectfully submitted, Lee Brezinka RES. NO. MOTION by Councilmember CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA to adopt the following: A RESOLUTION COMMITTING SPECIFIC REVENUE SOURCES IN SPECIAL REVENUE FUNDS. WHEREAS, the Governmental Accounting Standards Board's Statement No. 54 definition of special revenue funds states that special revenue funds are used to account for and report the proceeds of specific revenue sources that are restricted or committed to expenditures for specified purposes other than debt service or capital projects; and WHEREAS, the term "proceeds of specific revenue sources" established that one or more specific restricted or committed revenues should be the foundation for a special revenue fund and comprise a substantial portion of the fund's revenues; and WHEREAS, investment earnings and transfers from other funds do not meet the definition of a specific revenue source; and WHEREAS, council action is required to formalize the commitment of the specific revenue sources to specified purposes. NOW, THEREFORE BE IT RESOLVED by the City Council that effective June 21, 2011, the specific revenue source of each special revenue fund and the specific purposes for which they are restricted or committed are as follows: Fund Specific Revenue Sources Restricted / Committed For EDA Tax Increment Admin fee Committed for activities to promote economic development CDBG Community Development Block Restricted for Community Development Block Grants Grant programs Community Center Charges for services Committed for community center operations, maintenance, and improvements Drainage & Mapping Drainage and mapping fees Committed for the maintenance and upgrades of the City's mapping system LRRWMO Tax levy Committed for surface water management activities Forestry MN DNR grants Restricted for the preservation of forest resources programs Trail Trail fees Committed for the construction of the City's regional trail system ROW Mgmt Right of way management fees Committed for the management of public right of ways Capital Equipment Reserve Tax levy Committed for capital items, maintenance issues, and /or emergency expenditures Charitable Gambling Gambling fee (10% of net profits) Restricted for lawful purposes under MS 349- 12 Gambling tax (0.1% of net receipts) Restricted for lawful gambling regulation activities Construction Seal Coat Construction seal coat fee Committed for the sealing of roadways in new developments MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 21st day of June 2011, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Michelle Hartner - Deputy City Clerk 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: James Dickinson, City Administrator FROM: Dana Peitso, Human Resources Manager SUBJECT: Approve Appointment — Community Development Director DATE: June 21, 2011 Due to the recent retirement of Will Neumeister, Community Development Director, the Community Development Department has the position of Community Development Director available. The Human Resources Department has completed the interview, background check and selection process to fill this position. DISCUSSION 8 applicants were interviewed for the Community Development Director position. The interview team consisted of the City Administrator, City Engineer/Public Works Director and Human Resources Manager. The interview team unanimously recommends hiring David Carlberg. Mr. Carlberg has a Bachelor of Arts in Geography from St. Cloud State University and a Master of Arts in Geography with Planning Emphasis from Minnesota State University Mankato. Mr. Carlberg has over 20 years of Planning experience including most recently with the City of Cambridge as the Community Development Director for that City from 2002 -2011. Mr. Carlberg was the Community Development Director for the City of Andover from 1996 -2001 and the City Planner for the City of Andover from 1990 -1996 so he is very familiar with the City of Andover and the opportunities available. The proposed starting date for this position would be June 23, 2011. BUDGETIMPACT Mr. Carlberg has been offered $91,857 annually, which is the 2011 Step Level 2 salary, and then would be eligible for any general increases and annual Step Increases after successful completion of his 6 -month probationary period. ACTION REQUESTED The Council is requested to appoint David Carlberg as Community Development Director. Respectfully submitted, Dana Peitso ANLb 6W A_ (2i) 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 t, (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: Mayor and Councilmembers `\\� CC: Jim Dickinson, City Administrator FROM: Commander Kevin Halweg — Anoka County Sheriff's Office SUBJECT: Anoka County Sheriffs Office Monthly Report - Sheriff DATE: June 21, 2011 INTRODUCTION Commander Kevin Halweg from the Anoka County Sheriff's Office will be present to provide the Council and the citizens of Andover with an update on law enforcement activities within the City. Attached is a copy of the May 2011 monthly report. DISCUSSION To be verbally presented. ACTION REQUIRED For Council information. Respectfully submitted, Commander Kevin Halweg Anoka County Sheriff's Office Attachment: May 2011 Monthly Report CITY OF ANDOVER — MAY 2011 ITEM MAY APRIL YTD 2011 MAY YTD 2010 Radio Calls 753 2,877 3,894 Incident Reports 827 686 3,270 3,974 Burglaries 5 8 26 28 Thefts 43 36 191 210 Crim.Sex Cond. 1 2 8 7 Assault 2 2 11 32 Dam to Prop. 9 14 49 88 Harr. Comm. 8 5 44 64 Felony Arrests 4 9 37 14 Gross Mis. 0 1 7 5 Misd. Arrests 40 22 110 202 DUI Arrests 17 11 55 54 Domestic Arr. 4 2 21 27 Warrant Arr. 6 9 36 46 Traffic Arr. 236 204 848 1,038 DUI OFFENSES: DAY OF Sunday Monday Tuesday Wednesday Thursday Friday Saturday WEEK: TIME: 02:04 23:57 14:50 01:29 03:45 01:20 02:40 18:59 16:11 23:49 01:40 22:44 20:20 01:57 01:58 14:22 20:44 CITY OF ANDOVER— MAY 2011 COMMUNITY SERVICE OFFICER REPORT ITEM MAY APRIL YTD 201 .1 MAY FYTD 2010 Radio Calls 136 116 514 503 Incident Reports 134 123 532 503 Accident Assist 3 1 27 21 Veh. Lock Out 30 17 139 101 Extra Patrol 201 146 977 833 House Check 0 6 73 5 Bus. Check 5 6 27 29 Animal Compl. 57 55 193 160 Traffic Assist 13 12 50 47 Aids: Agency 119 180 771 658 Aids: Public 34 40 150 156 Paper Service 0 0 0 18 Inspections 0 0 0 0 Ordinance Viol. 10 1 18 15 LNDOVE A �tl 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: CC: FROM: SUBJECT: Mayor and Councilmembers Jim Dickinson, City Administrator Courtney Bednarz, City Planner Consider changes to City Code to of Minnesota - Planning DATE: June 21, 2011 ,e legislation enacted by the State INTRODUCTION This item continues the discussion from the last Council meeting. The attached amendment addresses the changes in state law regarding variances and also changes to comply with statutory language regarding the board of adjustments and appeals. DISCUSSION The bulk of the changes occur in City Code 12 -14 -7 where variances are authorized and the criteria and process for obtaining a variance are identified. Several additional sections of the City Code that make reference to variances are proposed to be amended to change the language that conflicts with the new state law. Finally, City Code 12 -14 -9 is amended to identify the Council as the board of adjustments and appeals and to provide the statutory references that regulate the appeals process. This change will retain the same process that has traditionally been used to review appeals but will expand the type of appeals that can be heard to comply with statute. Planning Commission Recommendation The Planning Commission reviewed the proposed changes on May 24, 2011. The Commission recommended approval of the proposed ordinance amendment, including the modifications suggested by the City Attorney. The minutes from the meeting are attached. ACTION REQUESTED The Council is asked to review the proposed changes. If the Council approves an ordinance amendment, please also approve the attached ordinance summary for publication. Attachments Draft Ordinance Amendment Ordinance Summary Flow Chart of Approval Processes Applicable Sections of State Statute Planning Commission Minutes Draft Ordinance Amendment Without Strikeouts Co it (see acket item #1) e miffed, y e arz 1 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: CITY CODE TITLE 9: BUILDING REGULATIONS CHAPTER 2: WATER -FED HEAT EXTRACTORS AND AIR CONDITIONING EQUIPMENT 9 -2 -6: VARIANCES: Variances to this chapter may be granted =e applieant eall show hardship Y , J• b Eeone.„:" " siderati,,„_shall not be " sidered " harate in accordance with the procedures and requirements set forth in City Code 12 -14 -7. Identifies variances to City Code 9 -2 are possible, standard reference to City Code 12 -14 -7 where variances are defined and process is established. CITY CODE TITLE 11: SUBDIVISION REGULATIONS CHAPTER 1: GENERAL SUBDIVISION PROVISIONS 11 -1 -8: VARIANCES: M adversely J^ 'fftent of this *ift °.Variances from the requirements of this title, and Title 12: Zoning Regulations may be granted by the City Council as provided in City Code 12 -14 -7 except that the procedure shall be encompassed by the preliminaa plat approval_ process be g•'° ri tft appreval of Identifies variances to City Code Titles 11 and 12 are possible, and identifies preliminary plat approval as review process. mr • • CITY CODE TITLE 12: ZONING REGULATIONS CHAPTER 2: RULES AND DEFINITIONS 12 -2 -2: DEFINITIONS: RN mww • MAW rm mr • • CITY CODE TITLE 12: ZONING REGULATIONS CHAPTER 2: RULES AND DEFINITIONS 12 -2 -2: DEFINITIONS: PRACTICAL DIFFICULTIES: as used in connection with the rg anting of a variance, means that the property owner proloses to use the property in a reasonable manner not permitted by the zoning ordinance• 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 do not constitute practical difficulties Practical difficulties include but are not limited to, inadequate access to direct sunlight for solar energy systems. 12 -14 -7: VARIANCES: A. Variances Authorized: vcua�'uas vuc uav .au av,. av «va 1. xx . Y...,.w..— — -- -- "YY � »_ - - --d "- ___ ^'__ —_- - . _"__ -__ - granted. A ., h.. «. -..hip « the paA e f the 1' � .7 th„ ieuiat uiau ua� "Hardship" with the g .. pAin e f . hardship shall fall upen the vv . be put te a feasenableuse if useduflder- the „ nd tiers allowed means the property in question eaftnet ereated by the ,.t:.,l eh.,,...e4e « ..f the e > granted, •� e „able use f « the ' 10 21 1970 n a 31 n 10 n 2005) e s « e The City Council as authorized by Minn. Stat. 462.354 Subdivision 2 and Minn. Stat. 462.357, subdivision 6 shall have the authority to hear requests for variances from the requirements of the zoning ordinance and other sections of the City Code where variances are authorized, including restrictions placed on nonconformities. Identifies Council as the authority under the board of appeals and variance statutes. Also identifies variances to the other sections of the code where they are presently authorized. B. Review Criteria: 1. Variances shall only be ermitted when they are in harmony with the general purposes and intent of the official control and when the variances are consistent with the comprehensive plan. 2. Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the official control. "Practical difficulties," as used in connection with the rg anting of a variance, means: a. The property owner proposes to use the property in a reasonable manner not permitted by an official control; b. The plight of the landowner is due to circumstances unique to the property not created by the landowner; c. The variance, if granted, will not alter the essential character of the locality. d. Economic considerations alone do not constitute practical difficulties. C Conditions Authorized: The City Council may impose conditions in the rg anting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. D Specific Variances Authorized: No variance may granted that would allow any use that is not allowed in the zoning district in which the subject property is locatf -d, except as follows: 1 Variances shall be granted for earth sheltered construction as defined in section 216C.06 subdivision 14, when in harmony with the official controls. 2 Variances may be granted for the temporary use of a one family dwelling as a two family dwelling. As I see it B.I. is a yes /no test and B.2. requires findings to be established. The new structure keeps things related to practical difficulties (requiring findings) together and separates conditions and specific variances. BE. Procedure: The procedure for granting variances is as follows: 1. Request For Variance; Fee: A person desiring a variance shall fill out and submit to the Community Development Director a request for variance qpplication form together with a fee as set forth by ordinance'. A otiblie hear-inR shall be held by the Plaprdam r,...,,,,issie as idea in Gity Cede 12 2. Planning and Zoning Commission Review: A public hearing shall be held by the Planning and Zoning Commission as provided in City Code 12 -14 -8. The Planning Commission shall make a recommendation to the City Council based upon the provisions of City Code 12 -14 -7. 23. City Council Action: The City Council may grant the variance based peon the provisions of City Code 12 -14 -7. request if RAill be in keeping with the spirit and intent effllis title and if it finds th met en f r-ee , e t e f this tit1,. will ,.....,.e undue hardships b,o..ause . f eif., nSta flee....RiEf a t.. the k ., nstit..te .. ,.d..,. hardship if r-easeiiable use ef the property exists tmder- the tenns ef this tid 1 The process stays as it currently exists with Planning and Zoning Commission public hearing and Council approval as the board of adjustments. 34. Appeals: The petitioner, if appealing an interpretation of this title by an employee of the city which would require him/her to obtain a variance, shall have the fee refunded if his/her appeal is upheld by the City Council. Ileft this alone for now but would be interested in your thoughts. With the board of appeals and adjustments established in 12 -14 -9 to mirror statute I think this only needs to apply to the fee. 0 45. Emergency Variance Requests: The City Council may waive Planning and Zoning Commission review and take immediate action on emergency variance requests that affect the immediate health, safety and welfare of the citizens of Andover or if time constraints present severe hardship to the applicant. The applicant is required to show the immediacy of the issue and the potential health safety or welfare threat. The City Council shall determine if the request warrants immediate review. 56. Time Limit On Implementing Variance: If the City Council determines that no significant progress has been made in the first twelve (12) months after the approval of the variance, the variance will be null and void. (Amended Ord. 8, 10 -21 -1970) 1 See subsection 1 -7 -3H of this code. 12 -14 -9: APPEAL PROCEDURES BOARD OF ADJUSTMENTS AND APPEALS ESTABLISHED: A The City Council shall be the Board of Adjustment and Appeals as provided by Minn. Stat. 462.354, subdivision 2 and shall have the powers granted under Minn. Stat. Sec. 462.357, Subd. 6, an d Minn Stat. 462.359 subdivision 4, as they may be amended from time to time. Establishes the Council as the board of adjustments and appeals, provides references to the applicable statutes and adjusts the appeals process accordingly. anning and Zoning Gefffinissien is designated as the Zoning Board of Appeals and "ajustme ,s and shall date hamieny m4th thegener-al purpose ef this title and �he Comprehensive Plan, by r-ese , , G rvn - cry - vrd cx zccirci cFt , p2rirt �m z1ccisio« x&a ° by the o ..:b Administrator . un e« this title, and frem any t t..ti,. of the text of this title or ..late et; h r b y ri v the Zoning Administrator- as te B Appeals Authorized: A property owner or aggrieved person mqy Appeal any order, requirement, permit decision or interpretation of the text of this title or any determination as to the location of the boundary of a zoning district as shown on the zoning map, by the Zoning Administrator or city employee administering zoning, onin building or related controls. The CAy Council shall determine, in harmony with the general purposes of this title and the Comprehensive Plan, by resolution, all appeals. BC. Time For Filing Appeal: At any time within ninety (90) days after the decision of the Z- ring "— itnin;..tmate ..ffi,1er- the previsions of this title 'subject to appeal as provided in this section and Minn Stat.462.359 Subd. 4, except in connection with prosecutions for violations thereof, the applicant or other person or officers of the city affected thereby may appeal to the Nanning and Zoning CeissieH City Council by filing a written notice stating the action appealed from and stating the specific grounds upon which the appeal is made. ED. Hearings: The Planning and Zoning Commission, as the Zoning Be d ef Appeals Adjustments, may eenduet sueh hearings as it may deeffi advisable and s 11 preser-ibe what nefiee, i any, ..hall be given of sueh hearing-. A hearing on the matter may be conducted by the City Council, or be directed to be held by the Planning and Zoning Commission, with a recommendation provided to the City Council. The City Council shall rule on the appeal. . - 0 PRIN OWN -- WORM Werjr."I E. Notice: Notice of the hearing before the Council shall be mailed to all appellants. In all cases involving determination of district boundary lines or interpretation of the text of this title, ten (10) days' published notice of hearing in the official newspaper shall be given. (2003 Code) CITY CODE TITLE 13: PLANNING AND DEVELOPMENT CHAPTER 1: SPLITTING LOTS, PARCELS OR TRACT'S OF LAND 13 -1 -7: VARIANCES: provisions in this ehaptef upon its deteimfinalien in its abseiu4e legislative fiserefien that sueh var4aftee of medifleatien is eensistent wiffi the letter- and intent of the Comprehensive Plan ef prepe amendment upen lAxh-ir-h t-his e-haptef is based, and wi� the heaft-h,- 'I., ndgenefal welfare ef the s the Gefth-Atmity Development Direetef shall refer sueh sue .,«, «heat:..n to the Dlanni,.. and Zoning G.....missio with « varieuiee er- medifie4ien upon the Comprehensive Plan or proposed amen -ment. Sueh repert shall be r-etumed by the Playming and Zening Gemmissien to the City Couneil A4t in sixty (60) days fer City Getineil .,,,t:,.. (n.,.eiided Ord nn o 16 1977; amd 2003 Code) Variances from the requirements of this title, Title 11: Subdivision Regulations and Title 12: Zoning Regulations may be granted by the Citv Council as Drovided in Citv Code 12 -14 -7, except that the Drocedure shall be encompassed by the lot split approval process. Identifies variances to City Code Titles 11 and 12 and 13 are possible, and identifies lot split approval as review process. 13 -1 -9: APPLICATION AND TERM OF PROVISIONS; CONFLICTS: A. This chapter shall apply to and govern the entire city during the period for which it is in effect. This chapter, during its effective period, shall replace and supersede provisions in all other ordinances and regulations applicable to the city which are in conflict or inconsistent with the provisions herein. All ordinances and provisions therein which are not in conflict with the terms and conditions of this chapter shall continue in full force and effect. CHAPTER 2: AGRICULTURAL PRESERVATION 13 -2 -5: VARIANCES: Mwmm A. Variances Authorized: y hardships in the' of eaffying ,.t the str:et letter of the previsiens e f the s eha «ter , an _ appeal 11CL ,. be made and n variaftee � of the land and net the Variances to the strict provisions of this chapter may be -granted as provided in City Code 12 -14 -7. Identifies variances to City Code 13 -2 are possible, standard reference to Ch Code 12 -14 -7 where variances are defined and process is established B. Preee : The « ed re f r e «t:«. „er:e«ees is as f ll....,e. 1 Request Fer VEff a«ee. Fee.. A person desiring a var-ianee shall fill e„t a «.l submit to the City Clerk a I request for- „ar:a«ee f r«, tegether with e fee a set f rth by or-di a«ee –.-A1 other requests shall also 993 Eede) MPTROWMAMpr - . rAMMOMMM ZW 4-B . Appeals Authorized: The petitioners i€-appealag may ppeal an interpretation of this chapter by an employee of the city as provided in City Code 12- 14 -9.; If the appeal is upheld, the petitioner shall not be subject to the required fee. (Amended Ord. 57, 2 -2 -1982) Authorizes appeals, provides reference to 12 -14 -9 where board of appeals and adjustment is established and statutory references are provided, CHAPTER 4: SHORELAND MANAGEMENT 17 A R—PS MP. A situation .,he prepefty in question eannet he .t to reasonable use tinder the ndi fi allewed by the o ffie:al eantrels. the plight of the landevvner is sl..e ten msta«ees unique to his « pert.. «et erante,] by the la -nd& %e«. and the . e> if granted, will not alter the essential eharaeter eFthe leeal:t. Eeenefnie a siderations ale.,e shall not a nst:t.,te a hardship if a re senable use for the prepefty exists under- te..ms efthe eFC.eial eeR4fels. PRACTICAL DIFFICULTIES: as used in connection with the srantin@ of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by zoning ordinance, the plight of the landowner is due to circumstances unique to the property no created by the landowner; and the variance, if -granted. will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. CHAPTER 5: BLUFFLAND AND RIVERLAND DEVELOPMENT 13 -5 -4: DEFINITIONS HARDSHIP! pDSHIP A used in eenneetien with ., varianee ,.,le.. this .,hapter, tl... eensider-atiens 1 ,,.lo,. the terms of this PRACTICAL DIFFICULTIES: as used in connection with the rg anting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance, plight of the landowner is due to circumstances unique to the property created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadea uate access to direct sunlight for solar energy systems. VARIANCE: Any modification or variation of official controls where it is determined that by reason of exceptional circumstances, the strict enforcement of the official controls would cause hardship-. practical difficulties. 13 -5 -9: VARIANCES: The granting of e the pr-e .epee aft-he f 11,... ing „a;t:ens: Variances to the strict provisions of this chapter may be granted as provided in City Code 12 -14 -7 and as follows: A The s `t `. F .e. t of the land use _v_ t_ol will result in ffm_____ y hardship. &A. Granting of the variance is not contrary to the purpose and intent of the zoning provisions herein established by these standards and criteria, and is consistent with the Management Plan for the Rum River. _,.. ._ 13 B. Granting of the varianee will not all any use „ 1 ie is neither ar—pee � A variance may not be granted allowing any use which is not permitted or which requires a conditional use in the Rum River land use district. E-. C. Granting of the variance will not alter the essential character of the locality as established by the Management Plan for the Rum River. (Ord. 223, 8 -19 -1997; amd. 2003 Code) These changes remove language that is was changed in the state law but retains language references the Rum River Management Plan (DNR) and land use district. CHAPTER 6: BUFFER STRIPS AND STANDARDS FOR PROTECTION OF WETLANDS AND STORM WATER PONDS 13 -6 -7: VARIANCES: A. Request For Variance: Requests for variances from the strict provisions of this chapter shall be made in accordance with the procedures and requirements set forth in Seet.°« 11 1 9 of this eede City Code 12 -14 -7 except that the procedure shall be encompassed by the preliminary2lat approval process or lot split approval process, when applicable. Identifies variances to 13 -6 are possible and identifies the subdivision processes where they would be reviewed (the buffer strips are required as land is subdivided). CITY CODE TITLE 14: FLOOD CONTROL CHAPTER 1: FLOOD CONTROL REGULATIONS 14 -1 -4: DEFINITIONS: VARIANCE: A City Council granted modification of a specific permitted development standard required in an official control, where authorized by the Cites, including this chapter, to allow an alternative development standard not stated as acceptable in the official control, but only as applied to for thp. « ° ..F ..11 °.,:.,t: «..., har- ship « aet:,,,,1 ,l: Fl: -u ty a particular property �-er unique eir-eumstanees as defined and elaborated upen i « tl,° ..:ty's respeetive «l..««' legislation. in accordance with the preeedure° and requirements set-forth provisions of in City Code 12 -14 -7. Identifies variances to City Code 14 -1 are possible, prevents definition from expanding variances to any official control, standard reference to City Code 12 -14 -7 where variances are defined and process is established. 14 -1 -13: ADMINISTRATION AND ENFORCEMENT OFFICIALS: B. Board Of Adjustment and Appeals: 1. Board Established: The City Council shall be the A Board of Adjustment and Appeals as provided by Minn. Stat. 462.354, subdivision 2 shall have the powers granted under Minn. Stat. Sec. 462.357, Subd. 6 and Minn Stat. 462.359 subdivision 4, as they may be amended from time to time. is hereby Replicates 12 -14 -9 where the board of adjustments and appeals is established. 2. Rules: The Board of Adjustment shall adopt rules for the conduct of business and may exercise all of the powers conferred on such boards by state law. 3. Appeals: The Board shall hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official :in the enforcement or administration of this chapter. 4. Variances: a. The Board may authorize, upon appeal in specific cases, such variance from the terms of this chapter 1JiCl11V, , praefieal di ffi bits,. , w s «,.,,ees tiakFae te. he . „efty tinder- ee u.ide =at , as provided for in the respective enabling legislation for planning and zoning for cities or counties as appropriate. In the granting of such variance, the Board of Adjustment shall clearly identify in writing the specific conditions that existed consistent with the criteria specified in the respective enabling legislation that justified the granting of the variance. No variance shall have the effect of allowing in any district uses prohibited in that district, permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by state law. b. The Zoning Administrator shall notify the applicant for a variance that: 1) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage; and 2) such construction below the 100 -year or regional flood level increases risks to life and property. Such notification shall be maintained with a record of all variances actions. The city shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or biennial report submitted to the Administrator of the National Flood Insurance Program. (Ord. 107,2-21-1995) 5. Hearings: Upon filing with the Board of Adjustment of an appeal from a decision of the Zoning Administrator, or an application for a variance, the Board shall fix a reasonable time for a hearing and give due notice to the parties in interest. The Board shall submit by mail to the Commissioner of Natural Resources of the state a copy of the application for proposed variances sufficiently in advance so that the Commissioner will receive at least ten (10) days' notice of the hearing. 6. Decisions: The Board shall arrive at a decision on such appeal or variance within sixty (60) days. In passing upon an appeal, the Board may, so long as such action is in conformity with the provisions of this chapter, reverse or affirm, wholly or in part, or modify the order, requirement, decision or determination of the Zoning Administrator or other public official. It shall snake its decision in writing setting forth the findings of fact and the reasons for its decisions. In granting a variance, the board may prescribe appropriate conditions and safeguards such as those specified in Subsection 14- 1 -14C5 of this chapter, which are in conformity with the purposes of this chapter. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter punishable under Section 14 -1 -17. A copy of all decisions granting variances shall be forwarded by mail to the Commissioner of Natural Resources of the state within ten (10) days of such action. 7. Appeals From Decisions: Appeals from any decision of the Board may be made and as specified in the city's official controls and Minnesota statutes. (Ord. 107, 2 -21 -1995; amd. 2003 Code) 10 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. SUMMARY AN ORDINANCE AMENDMENT TO THE ANDOVER CITY CODE STATUTORY AUTHORIZATION AND POLICY Statutory Authorization This ordinance amendment is adopted pursuant to the authorization and policies contained in Minnesota Statute 462. Policy The purpose of these regulations is to protect the public health, safety and welfare and to amend the City Code to comply with changes in state law concerning variances and the board of adjustments and appeals. GENERAL PROVISIONS AND DEFINITIONS Jurisdiction The provisions of this ordinance shall apply to the City of Andover. Enforcement The City Administrator or his/her designee shall have the authority to enforce the provisions of this ordinance. Interpretation Interpretation of the provisions of this ordinance shall be held to be the minimum requirements and shall be liberally construed in the favor of the governing body. A printed copy of this ordinance is available for inspection by any person during regular hours of the City Clerk. Adopted by the City Council of the City of Andover on this _t` day of _ , 2011. ATTEST: CITY OF ANDOVER Michelle Harmer, Deputy City Clerk 11 Michael R. Gamache, Mayor I?- n fl1 O �f O S].1 'D 0 n CD N N CD N • v rD� D n D v w N m X Q n m a Q O �• Q 3 a �'',• = �• N- p) rl (iCi . O � N n. T. W ID rs M Q rD O< rD n 3 O H N a C � tY rD tZ C On _ 3 Q T fu .� CD m N C Q C f D O G Q CD to N• N S .� fD- [D• 3• fir rD' O_ N j N .�-. O M CL s m a -p o 7l7 3 QN O N �, N rD R n� i, I = < <. eOf 030 `-� j Q = rp• < p `2 (D ' 3 n rD 30 -Qa Q Q 0 °�'• rD N a 3 n CM N 3 N 3 rD — m — rD rD a rD tz O_ C7 Ln N r+ CD D l0 N ' O � ,nom n p N �• UQ d O CD ID rD r N N a O �. C_ 6 CSD V1 rD n F. N K Q �' \ C CD IZ Owl p' 1py, M W w rD fl_ S y W CD m < u < C p O CD• o, i Sv (D N a D 3 Q 3 3 o s D CD w Q a0 C M ro a -f3 p Q eD rD w -O rD a �• 'o A N Q_ -p � 3• N �• N o a rD a" eD Q- o 00 : CD n M w w w a. < a n = •a 3 rF FD' N rn N c c c °> 3 n' rD v "• ,..t n Q eti (�D N A O7 N � a Q m 1 rt = C7 s n o o N m m rn-r O �. s ue• c o- 0 4 C7 on Oq Q 3 D a CL Q O n' r) O O O i7 p -< :3 O O �• O �C7 r3D n CD Q rD N iZ Q CD °o < N O N s ID O < ° (D 0 3 fl N. o O rD• N o O y °' O 'gyp D 030 Co' Q °; 1 I O rL rD d rD 3 rD lD CD H 3 a = <_ oa o < H r! N rN d N d rD . rD• 3 Q Q.. 0 N a C Q /� •D 3 C Y rD d < N Q N •< f•f N Q N I?- n fl1 O �f O S].1 'D 0 n CD N N CD N Statutory References 462.354 ORGANIZATION FOR PLANNING. Subd. 2.$oard of adjustments and appeals. The governing body of any municipality adopting or having in effect a zoning ordinance or an official map shall provide by ordinance for a board of appeals and adjustments. The board shall have the powers set forth in section 462.357, subdivision 6 and section 462.359, subdivision 4. Except as otherwise provided by charter, the governing body may provide alternatively that there be a separate board of appeals and adjustments or that the governing body or the planning commission or a committee of the planning commission serve as the board of appeals and adjustments, and it may provide an appropriate name for the board. The board may be given such. other duties as the governing body may direct. In any municipality where the council does not serve as the board, the governing body may, except as otherwise provided by charter, provide that the decisions of the board on matters within its jurisdiction are final subject to judicial review or are final subject to appeal to the council and the right of later judicial review or are advisory to the council. Hearings by the board of appeals and adjustments shall be held within such time and upon such notice to interested parties as is provided in the ordinance establishing the board. The board shall within a reasonable time make its order deciding the matter and shall serve a copy of such order upon the appellant or petitioner by mail. Any party may appear at the hearing in person or by agent or attorney. Subject to such limitations as may be imposed by the governing body, the board may adopt rules for the conduct of proceedings before it. Such rules may include provisions for the giving of oaths to witnesses and the filing of written briefs by the parties. The board shall provide for a record of its proceedings which shall include the minutes of its meetings, its findings, and the action taken on each matter heard by it, including the final order. In any municipality in which the planning agency does not act as the board of adjustments and appeals, the board shall make no decision on an appeal or petition until the planning agency, if there is one, or a representative authorized by it has had reasonable opportunity, not to exceed 60 days, to review and report to the board of adjustments and appeals upon the appeal or petition. 462.357 OFFICIAL CONTROLS: ZONING ORDINANCE. Subd. 6. Appeals and adjustments. Appeals to the board of appeals and adjustments may be taken by any affected person upon compliance with any reasonable conditions imposed by the zoning ordinance. The board of appeals and adjustments has the following powers with respect to the zoning ordinance: (1) To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by an administrative officer in the enforcement of the zoning ordinance. /-3 (2) To hear requests for variances from the requirements of the zoning ordinance including restrictions placed on nonconformities. Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance and when the variances are consistent with the comprehensive plan. Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; 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 do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in section 216C.06, subdivision 14, when in harmony with the ordinance. The board of appeals and adjustments or the governing body as the case may be, may not permit as a variance any use that is not allowed under the zoning ordinance for property in the zone where the affected person's land is located. The board or governing body as the case may be, may permit as a variance the temporary use of a one family dwelling as a two family dwelling. The board or governing body as the case may be may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. 462.359 PROCEDURE TO EFFECT PLAN: OFFICIAL MAPS. Subd. 4.Appeals. If a land use or zoning permit or approval for a building in such location is denied, the board of appeals and adjustments shall have the power, upon appeal filed with it by the owner of the land, to grant a permit or approval for building in such location in any case in which the board finds, upon the evidence and the arguments presented to it, (a) that the entire property of the appellant of which such area identified for public purposes forms a part cannot yield a reasonable return to the owner unless such a permit or approval is granted, and (b) that balancing the interest of the municipality in preserving the integrity of the official map and of the comprehensive municipal plan and the interest of the owner of the property in the use of the property and in the benefits of ownership, the grant of such permit or approval is required by considerations of justice and equity. In addition to the notice of hearing required by section 462.354, subdivision 2, a notice shall be published in the official newspaper once at least ten days before the day of the hearing. If the board of appeals and adjustments authorizes the issuance of a permit or approval the governing body or other board or commission having jurisdiction shall have six months from the date of the decision of the board to institute proceedings to acquire such land or interest therein, and if no such proceedings are started within that time, the officer responsible for issuing permits or approvals shall issue the permit or approval if the application otherwise conforms to local ordinances. The board shall specify the exact location, ground area, height and other details as to the extent and character of the building for which the permit or approval is granted. it/ Regular Andover Planning and Zoning Conanaission Meeting Minutes — May 24, 2011 Page 4 PUBLIC REAPING CONSIDER CIUNGES TO CITY CODE TO COMPLY WITH VARIANCE LEGIS`LAT IONENACT'ED BY THE STATE ®EMINIVESOT'A, Mr. Bednarz noted the purpose of this item is to hold a public hearing and take input on the changes to the City Code that are needed to comply with recent changes in State law. regarding variances. Mr. Bednarz reviewed the proposed code changes with the Commission. Commissioner Kirchoff questloned ifthe variance references iii different sections of �rre code were being refined to reference one set of criteria for variances. Mr. Bednarz stated this was the case. Commissioner Olsen agreed with the proposed amendments but asked if the language regarding prohibited uses should reinaif. as is. Mr. Bednarz stated variances have not been allowed in the past for uses not permitted in a zoning district. Instead the City would have to amend City Code. Commissioner Olsen indicated it would be interesting to see how the proposed changes would affect the number of variances requested from the public. Chairperson Daninger clarified that an economic hardship was still not a reason to grant a variance within the proposed language. Mr. Bednarz stated this was the case. Chairperson Daninger asked for clarification of the proposed changes conceiving lot splits. Mr. Bednarz stated the proposed changes would continue to allow variances to be approved as part of a lot split application without a separate variance application as has been done in the past. He added that administrative lot splits that do not require a public hearing would be required to submit a variance. application and go through that public hearing process. Chairperson Daninger asked if the City had a choice with these new standards. Mr. Bednarz indicated the City would be best served by aligning City Code with State regulations. Commissioner Olsen asked if the City could be more restrictive than the regulations passed along by the State. Mr. Bednarz explained the City could use the review criteria #1 to determine if a request is out of character with the intent of the applicable requirement. Chairperson Daninger commented the City may have to review the City Code in the future after several variance requests had run through the new process. Motion by Olsen, seconded by Kirchoff, to open the public hearing at 8:01 p.m. Motion carried on a 4 -ayes, 0 -nays, 3- absent (Cleveland, Gudmundson, Walton) vote. {490� Regular Andover Planning and Zoning Commission Meeting Minutes —May 24, 2011 Page 5 Motion by Olsen, seconded by Holthus, to close the public hearing at 8:01 p.m. Motion carried on a 4 -ayes, 0 -nays, 3- absent (Cleveland, Gudmundson, Walton) vote. Commissioner Olsen stated he was in favor of the Code amendments presented this evening. He felt the Council and Planning Commission would have to complete subjective analysis to approve future variances. Motion by Idolthus, seconded by Kirchoff, to recommend to the City Council the presented and proposed amendments to City Code regarding variance legislation. Motion carried on a 4 -ayes, 0 -nays, 3- absent (Cleveland, Gudmundson, Walton) vote. Mr. Bednarz stated that this item would be before the Council at the June 7, 2011 City Council meeting. WORK SESSION. DISCUSS STATUYOF PLANNING AND DEVELOPMENT. Mr. Bednarz noted one of the topics discussed at the joint workshop with the City Council was how to engage the Planning Commission in an open ended discussion beyond application and ordinance amendments to longer term planning; for the City. Chairperson Daninger explained the Council was seeking comments from the Commission on the future vision for the City of Andover. He suggested the Commission propose ideas or issues that were of interest. Commissioner Olsen suggested the Commission address the need for a more diversified tax base to support the City. He noted that only 2% of the city is zoned for commercial development and stated the Commission and Council could discuss what would be the proper percentage of commercial property in the City. Commissioner Olsen indicated he would like to see the permitted conditional and prohibited use chart within the City's ordinances streamlined so that it is not misleading. Chairperson Daninger suggested the City review transportation and how it affects the City. This was always a concern to residents and felt it was a good point of discussion. Commissioner Holthus stated she would like to see the City continue to pursue Open Space. This greatly improved the quality of life for the residents in Andover. In addition, the larger parks in the City should offer more amenities. She added that she would like to see improved public transportation. The bike trails in the City could tie into the County /regional trains and create more loop trails. She stated increased commercial development would greatly benefit the City and its residents. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. _ THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: CITY CODE TITLE 9: BUILDING REGULATIONS CHAPTER 2: WATER -FED HEAT EXTRACTORS AND AIR CONDITIONING EQUIPMENT 9 -2 -6: VARIANCES: Variances to this chapter may be granted in accordance with the procedures and requirements set forth in City Code 12 -14 -7. Identifies variances to City Code 9 -2 are possible, standard reference to City Code 12 -14 -7 where variances are defined and process is established. CITY CODE TITLE 11: SUBDIVISION REGULATIONS CHAPTER 1: GENERAL SUBDIVISION PROVISIONS 11 -1 -8: VARIANCES: A. Variances from the requirements of this title, and Title 12: Zoning Regulations may be granted by the City Council as provided in City Code 12 -14 -7 except that the procedure shall be encompassed by the preliminary plat approval rop cess. Identifies variances to City Code Titles 11 and 12 are possible, and identifies preliminary plat approval as review process. CITY CODE TITLE 12: ZONING REGULATIONS CHAPTER 2: RULES AND DEFINITIONS 12 -2 -2: DEFINITIONS: PRACTICAL DIFFICULTIES: as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance: the plight of the landowner is due to circumstances unique to the property erty not created by the landowner; and the variance if granted will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties. Practical difficulties include but are not limited to inadequate access to direct sunlight for solar energysystems. 12 -14 -7: VARIANCES: A. Variances Authorized: The City Council, as authorized by Minn. Stat. 462.354 Subdivision 2 and Minn. Stat. 462.357, subdivision 6, shall have the authority to hear requests for variances from the requirements of the zoning ordinance and other sections of the City Code where variances are authorized including restrictions placed on nonconformities. 17 Identifies Council as the authority under the board of appeals and variance statutes. Also identifies variances to the other sections of the code where they are presently authorized. B. Review Criteria: 1. Variances shall only be permitted when they are in harmony with ths; eg neral purposes and intent of the official control and when the variances are consistent with the comprehensive plan. 2. Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the official control. "Practical difficulties." as used in connection with the rg anting of a variance, means: a. The property owner proposes to use the property in a reasonable manner not permitted by an official control; b. The Plight of the landowner is due to circumstances unique to the property not created by the landowner; c. The variance, if granted, will not alter the essential character of the locality. d. Economic considerations alone do not constitute practical difficulties. C. Conditions Authorized: The City Council may impose conditions in the rg anting of variances. A condition must be directly related to and must bear a rough proportio:aality to the impact created by the variance. D. Specific Variances Authorized: No variance may be granted that would allow any use that is not allowed in the zoning district in which the subject property is located, except as follows: 1. Variances shall be granted for earth sheltered construction as defined in section 216C.06, subdivision 14, when in harmony with the official controls. 2. Variances may be granted for the temporary use of a one family dwelling as a two family dwelling. As I see it B.I. is a yes /no test and B.2. requires findings to be established. The new structure keeps things related to practical difficulties (requiring findings) together and separates conditions and specific variances. E. Procedure: The procedure for granting variances is as follows: 1. Request For Variance; Fee: A person desiring a variance shall fill out and submit to the Community Development Director a request for variance application form together with. a fee as set forth by ordinances. 2. Planning and Zoning Commission Review: A public hearing shall be held by the Planning and Zoning Commission as provided in City Code 12 -14 -8. The Planning Commission shall make a recommendation to the City Council based upon the provisions of City Code 12 -14 -7. 3. City Council Action: The City Council may grant the variance based upon the provisions of City Code 12 -14 -7. 18 The process stays as it currently exists with Planning and Zoning Commission public hearing and Council approval as the board of adjustments. 4. Appeals: The petitioner, if appealing an interpretation of this title by an employee of the city which would require him/her to obtain a variance, shall have the fee refunded if his/her appeal is upheld by the City Council. Ileft this alone for now but would be interested in your thoughts. With the board of appeals and adjustments established in 12 -14 -9 to mirror statute I think this only needs to apply to the fee. 5. Emergency Variance Requests: The City Council may waive Planning and Zoning Commission review and take immediate action on emergency variance requests that affect the immediate health, safety and welfare of the citizens of Andover or if time constraints present severe hardship to the applicant. The applicant is required to show the immediacy of the issue and the potential health s, afety or welfare threat. The City Council shall determine if the request warrants immediate review. 6. Time Limit On Implementing Variance: If the City Council determines ghat no significant progress has been made in the first twelve (12) months after the approval of the variance, the variance will be null and void. (Amended Ord. 8, 10 -21 -1970) 1 See subsection 1 -7 -31-1 of this code. 12 -14 -9: BOARD OF ADJUSTMENTS AND APPEALS ESTABLISHED: A. The City Council shall be the Board of Adjustment and Appeals as provided by Minn. Stat. 462.354, subdivision 2 and shall have the powers granted under Minn Stat. Sec. 462.357, Subd. 6. and Minn Stat. 462.359 subdivision 4, as they may be amended from time to time. Establishes the Council as the board of adjustments and appeals, provides references to the applicable statutes and adjusts the appeals process accordingly. B Appeals Authorized: A property owner or aggrieved person may appeal any order, requirement, permit, decision or interpretation of the text of this title or any determination as to the location of the boundary of a zoning district as shown on the zoning map by the Zoning Administrator or city employee administering zoning building or related controls The City Council shall determine, in harmony with the general purpose of this title and the Comprehensive Plan, by resolution, all appeals. C. Time For Filing Appeal: At any time within ninety (90) days after the decision subject to gp eal as provided in this section and Minn Stat 462 359 Subd 4, except in connection with prosecutions for violations thereof, the applicant or other person or officers of the city affected thereby may appeal to the City Council by filing a written notice stating the action appealed from and stating the specific grounds upon which the appeal is made. 19 D. Hearings: A hearing on the matter may be conducted by the City Council, or be directed to be held by the Planning and Zoning Commission, with a recommendation provided to the City Council. The City Council shall rule on the appeal. E. Notice: Notice of the hearing before the Council shall be mailed to all appellants. In all cases involving determination of district boundary lines or interpretation of the text of this title, ten (10) days' published notice of hearing in the official newspaper shall be given. (2003 Code) CITY CODE TITLE 13: PLANNING AND DEVELOPMENT CHAPTER 1: SPLITTING LOTS, PARCELS OR TRACTS OF LAND 13 -1 -7: VARIANCES: Variances from the requirements of this title. Title 11: Subdivision Regulations and Title 12: Zoning Regulations mad be granted by the City Council as provided in City Code 12 -14 -7, except that the procedure shall be encompassed by the lot split approval process. Identifies variances to City Code Titles 11 and 12 and 13 are possible, and identifies lot split approval as review process. 13 -1 -9: APPLICATION AND TERM OF PROVISIONS; CONFLICTS: A. This chapter shall apply to and govern the entire city during the period for which it is in effect. This chapter, during its effective period, shall replace and supersede provisions in all other ordinances and regulations applicable to the city which are in conflict or inconsistent with the provisions herein. All ordinances and provisions therein which are not in conflict with the terms and conditions of this chapter shall continue in full force and effect. CHAPTER 2: AGRICULTURAL PRESERVATION 13 -2 -5: VARIANCES: A. Variances Authorized: Variances to the strict provisions of this chapter may be granted as provided in City Code 12 -14 -7. Identifies variances to City Code 13 -2 are possible, standard reference to Cite Code 12 -14 -7 where variances are defined and process is established. 1 2. Appeals Authorized: The petitioner maappeal an interpretation of this chapter by an employee of the city as provided in City Code 12- 14 -9.; If the Weal 1 is upheld, the petitioner shall not be subject to the required fee. (Amended Ord. 57, 2 -2 -1982) Authorizes appeals, provides reference to 12 -14 -9 where board of appeals and adjustment is established and statutory references are provided. CHAPTER 4: SHORELAND MANAGEMENT' 20 PRACTICAL DIFFICULTIES: as used in connection with the rg antin €; of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance: the Wight 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 do not constitute practical difficulties. Practical difficulties include but are not limited to inadequate access to direct sunlight for solar energy systems. CHAPTER 5: BLUFFLAND AND RIVERLAND DEVELOPMENT 13 -5 -4: DEFINITIONS PRACTICAL DIFFICULTIES: as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance, 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 do not constitute practical difficulties. Practical difficulties include, but are not limited to inadequate access to direct sunlight for solar energy systems. VARIANCE: Any modification or variation of official controls where it is determined that by reason of exceptional circumstances, the strict enforcement of the official controls would cause practical difficulties. 13 -5 -9: VARIANCES: Variances to the strict provisions of this chapter may be granted as provided in City Code 12 -14 -7 and as follows: A. Granting of the variance is not contrary to the purpose and intent of the zoning provisions herein established by these standards and criteria, and is consistent with the Management Plan for the Rum River. B. A variance may not be granted allowing any use which is not permitted or which requires a conditional use in the Rum River land use district. C. Granting of the variance will not alter the essential character of the locality as established by the Management Plan for the Rum River. (Ord. 223, 8 -19 -1997; amd. 2003 Code) These changes remove language that is was changed in the state law but retains language references the Rum River Management Plan (DAR) and land use district. CHAPTER 6: BUFFER STRIPS AND STANDARDS FOR PROTECTION OF WETLANDS AND STORM WATER PONDS 13 -6 -7: VARIANCES: 21 A. Request For Variance: Requests for variances from the strict provisions of this chapter shall be made in accordance with the procedures and requirements set forth in Cfty Code 12 -14 -7 except that the procedure shall be encompassed by the preliminM plat approval process or lot split apl2roval process, when ap lip cable. Identifies variances to 13 -6 are possible and identifies the subdivision processes where they would be reviewed (the buffer strips are required as land is subdivided). CITY CODE TITLE 14: FLOOD CONTROL, CHAPTER 1: FLOOD CONTROL REGULATIONS 14 -1 -4: DEFINITIONS: VARIANCE: A City Council granted modification of a specific permitted development standard required in an official control, where authorized by the City Code, including this chapter, to allow an alternative development standard not stated as acceptable in the official control, but only as applied to a particular in accordance with the provisions of City Code 12 -14 -7 Identifies variances to City Code-14-1 are possible, prevents definition from expanding variances to any official control, standard reference to City Code 12 -14 -7 where variances are defined and process is established 14 -1 -13: ADMINISTRATION AND ENFORCEMENT OFFICIALS: B. Board Of Adjustment and Appeals 1. Board Established: The City Council shall be the Board of Adjustment and Appeals as provided by Minn. Stat. 462.354, subdivision 2 and shall have the powers granted under Minn. Stat. Sec. 462.357 Subd. 6, and Minn Stat. 462.359 subdivision 4 as they may be amended from time to time. Replicates 12 -14 -9 where the board of adjustments and appeals is established. 2. Rules: The Board of Adjustment shall adopt rules for the conduct of business and may exercise all of the powers conferred on such boards by state law. 3. Appeals: The Board shall hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement or administration of this chapter. 4. Variances: a. The Board may authorize, upon appeal in specific cases, such variance from the terms of this chapter as provided for in the respective enabling legislation for planning and zoning for cities or counties as appropriate. In the granting of such variance, the Board of Adjustment shall clearly identify in writing the specific conditions that existed consistent with the criteria specified in the respective enabling 22 legislation that justified the granting of the variance. No variance shall have the effect of allowing in any district uses prohibited in that district, permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by state law. b. The Zoning Administrator shall notify the applicant for a variance that: 1) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage; and 2) such construction below the 100 -year or regional flood level increases risks to life and property. Such notification shall be maintained with a record of all variances actions. The city shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or biennial report submitted to the Administrator of the National Flood Insurance Program. (Ord. 107,2-21-1995) 5. Hearings: Upon filing with the Board of Adjustment of an appeal from a decision of the Zoning Administrator, or an application for a variance, the Board shall fix a reasonable time for a hearing and give due notice to the parties in interest. The Board shall submit by mail to the Commissioner of Natural Resources of the state a copy of the application for proposed variances sufficiently in advance so that the Commissioner will receive at least ten (10) days' notice of the hearing. 6. Decisions: The Board shall arrive at a decision on such appeal or variance within sixty (60) days. In passing upon an appeal, the Board may, so long as such action is in conformity with the provisions of this chapter, reverse or affirm, wholly or in part, or modify the order, requirement, decision or determination of the Zoning Administrator or other public official. It shall make its decision in writing setting forth the findings of fact and the reasons for its decisions. In granting a variance, the board may prescribe appropriate conditions and safeguards such as those specified in Subsection 14- 1 -14C5 of this chapter, which are in conformity with the purposes of this chapter. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter punishable under Section 14 -1 -17. A copy of all decisions granting variances shall be forwarded by mail to the Commissioner of Natural Resources of the state within ten (10) days of such action. 7. Appeals From Decisions: Appeals from any decision of the Board may be made and as specified in the city's official controls and Minnesota statutes. (Ord. 107, 2 -21 -1995; amd. 2003 Code) 23 N OVE D 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 4, (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: FROM: SUBJECT: DATE: Mayor and Council Members Jim Dickinson, City Administrator Discuss July 5, 2011, City Council Meeting June 21, 2011 INTRODUCTION �N1 V At the June 7th City Council meeting some members of the Council questioned whether or not they would be able to attend the July 5, 2011, City Council Meeting. DISCUSSION Staff has reviewed what the potential agenda items would be for the July 5th City Council meeting, the following are the agenda items that have time sensitive aspects that need a Council decision made to meet with previously advertised project or payment schedules: 1. Approve Plans and Specifications and Authorize Advertisement for Bids for Project # 11 -24 Butternut Street NW /l73`d Ave. NW/Flintwood Street NW (MN. Stat. 429) 2. Approve Payment of Claims Administration will offer some options at the meeting; some of those options will be dependent on workload/project progress and projected progress that can be made on Tuesday June 21St ACTION REQUESTED The Council is requested to discuss whether or not a quorum can be achieved for the July 5th regularly scheduled City Council meeting, or should the meeting be canceled or rescheduled. C I T Y O F NDOVE 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 o, (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.AN DOVER. MN. US TO: CC: FROM: SUBJECT: DATE: Mayor and City Council Jim Dickinson, City Administrato Michelle Harmer, Deputy City Cli Reschedule August 2 "d Council Meeting June 21, 2011 INTRODUCTION August 2, 2011 is scheduled to be Night to Unite and also a regularly scheduled Council meeting night. DISCUSSION To give the Council the opportunity to attend Night to Unite events throughout the City, it is recommended that the August 2, 2011 Council meeting be rescheduled. Suggested options are ACTION REQUIRED Monday, August 1, 2011 Wednesday, August 3, 2011 Or another date acceptable to the Council Council is requested to reschedule the August 2, 2011 Council meeting to a date acceptable to the Council. Respectfully submitted, �4), Michelle Hartner Deputy City Clerk k C I T Y NDOVEA 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 June 21, 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 /Community Events 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, Ji jig DATE June 21, 2011 ITEMS GIVEN TO THE CITY COUNCIL • May 2011 Monthly Building Report PLEASE ADDRESS THESE ITEMS AT THIS MEETING Oil PUT THEM ON THE NEXT AGENDA. THANK YOU. G: \STAFF \RHONDAA\AGENDA \CC LIST.doc CITY OF ANDOVER 2011 Monthl 1 Building Report i TO: Mayor and City Council FROM: Don Olson MAY BUILDING PERMITS Permit/Plan Tax Total Valuation 7 Residential $ 17,779.601 1 $ 717.00 1 IS 18,:96.60 $ 1,434,000.00 6 Single Family 6 13,682.07 534.00 14,216.07 1,068,000.00 1 Septic 1 4,097,53 183.00 4,280.53 366,000.00 Townhome - - Additions - 4 Garages 2,307.19 45.10 2,352.29 90,200.00 2 Basement Finishes 200.00 10.00 210.00 2 1 Commercial Building 686.91 12.00 698.91 24,000.00 2 lPole Bldgs/Bams 1,457.78 30.00 1, :87.78 60,000.00 2 Sheds- 263.17 j 2.75 265.92 5,500.00 Swimming Pools - - Chimney/Stove/Fireplace - - 2 Structural Changes 173.95 4.40 178.35 8,300.00 1 Porches 495.41 9.25 504.66 18,500.00 25 Decks 2,376.20 33.65 2,409.85 66,600.00 Gazebos Repair Fire Damage - 16 Re -Roof 1,200.00 80.00 1,280.00 5 Siding 375.00 25.00 400.00 2 Other - Commercial Plumbing - Commercial Heating - 1 Commercial Fire Sprinkler 25.00 0.89 25.89 1,770.00 - Commercial Utilities - - - - Commercial Grading - - - 78 Total Building Permits $ 27,340.21 $ 970.04 $ 28,310.25 $ 1,708,870.00 PERMITS Permit/Plan Tax Total Fees Collected 78 Building Perini $ 27,340.21 $ 970.04 $ 28,310.25 $ 1,708,870.00 - Ag Building - - - Curb Cut - - - Demolition - - - Fire Permits - - - Footing - Renewal - - • Moving - 20 1 Heating 1,590.00 100.00 1,690.00 5 Gas Fireplaces 375.00 25.00 400.00 27 Plumbing 1,520.00 135.00 1,655.00 18 Pumping 270.00 270.00 Septic New - 5 Septic Repair 375.00 375.00 6 Sewer Hook -Up 150.00 - 150.00 6 Water Meter 300.00 - 300.00 1 Sewer Change Over/Repair 50.00 5.00 55.00 Water Change Ova/Repair - 6 Sac Retainage Fee 133.80 - - 133.80 6 Sewer Admin. Fee 90.00 - 1 90.00 8 Certificate of Occupancy 80.00 - 80.00 7 License Verification Fee 35.00 - 35.00 - Reinspection Fee - - - ll Contractor License 550.00 550.00 14 Rental License - Single 700.00 - 700.00 40 Rental License - Multi 3,000.00 - 3,000.00 - Health Authority - - 258 TOTALS $ 36,559.01 S 1235.04 1 $ 37,794.05 $ 1,708,870.00 Total Number of Homes YTD 2011 20 Total Number of Homes YTD 20101 36 Total Valuation YTDI 2011 i $ 5,092,636.00 Total Valuation YTDj 2010' $ 8,104,468.00 Total Building Department Revenue YTD 2011 $ 116,829.12 Total Building Department Revenue YTD 2010' $ 147,456.07 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: Mayor & Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Supplemental Agenda Item for June 21, 2011 City Council Meeting DATE: June 21, 2011 The City Council is requested to receive the following supplemental information. Consent Items Add -On Item. Award Quote /11- 30/1671h Lane NW Turn Around Project - Engineering 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: FROM: SUBJECT: DATE: Mayor and Council Members Jim Dickinson, City Administrator Award Quote /11- 30/167th Lane NW Turn- Around Project June 21, 2011 G� INTRODUCTION This item is in regard to awarding the quote for Project 11 -30, the 167th Lane NW Turn- Around Project. DISCUSSION City Administration has been working with the property owner at 78 167th Lane NW to seek resolution to a cul -de -sac that has been outstanding since 1994. This is an Andover address that can only be accessed through the City of Ham Lake and the City of Ham Lake is holding an escrow account to secure the construction of an acceptable turn- around. City Administration was far enough along with the negotiation process in securing the necessary easement that City Engineering was enlisted to secure quotes for the project. Quotes were received for the turnaround project and are as follows: J &W Asphalt $11,959.50 Northern Asphalt $12,650.30 Rum River Contracting $12,968.00 BUDGETIMPACT The project will be paid for primarily by the escrow account held at the City of Ham Lake and will be supplemented with contingency or Road & Bridge funds if necessary. ACTION REQUESTED The Council is requested to approve quotes and award the quote to J & W Asphalt in the amount of $11,959.50 for Project 11 -30, the 167th Lane NW Turn- Around Project, contingent upon the property owners at 78 167th Lane NW providing the necessary easement documents for the construction of the project. CITY OF ANDOVER — MAY 2011 ITEM MAY APRIL YTD 2011 MAY YTD 2010 Radio Calls 837 753 3.714 3,894 Incident Reports 827 686 3,270 3,974 Burglaries 5 8 26 28 Thefts 43 36 191 210 Crim.Sex Cond. 1 2 8 7 Assault 2 2 11 32 Dam to Prop. 9 14 49 88 Harr. Comm. 8 5 44 64 Felony Arrests 4 9 37 14 Gross Mis. 0 1 7 5 Misd. Arrests 40 22 110 202 DUI Arrests 17 11 55 54 Domestic Arr. 4 2 21 27 Warrant Arr. 6 9 36 46 Traffic Arr. 236 204 848 1,038 DUI OFFENSES: DAY OF Sunday Monday Tuesday Wednesday Thursday Friday Saturday WEEK: TIME: 02:04 23:57 14:50 01:29 03:45 01:20 02:40 18:59 16:11 23:49 01:40 22:44 20:20 01:57 01:58 14:22 20:44 CITY OF ANDOVER — MAY 2011 COMMUNITY SERVICE OFFICER REPORT ITEM MAY APRIL YTD 2011 MAY YTD 2010 Radio Calls 136 116 514 503 Incident Reports 134 123 532 503 Accident Assist 3 1 27 21 Veh. Lock Out 30 17 139 101 Extra Patrol 201 146 977 833 House Check 0 6 73 5 Bus. Check 5 6 27 29 Animal Compl. 57 55 193 160 Traffic Assist 13 12 50 57 Aids: Agency 119 180 771 658 Aids: Public 34 40 150 156 Paper Service 0 0 0 18 Inspections 0 0 0 0 Ordinance Viol. 10 1 18 15