HomeMy WebLinkAboutCC - August 16, 2011I T Y O F
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1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV
Regular City Council Meeting — Tuesday, August 16, 2011
Call to Order — 7:00 p.m.
Pledge of Allegiance
Resident Forum
Agenda Approval
1. Approval of Minutes (7/19/11 Regular; 7/26/11 Workshop; 8/4/11 Regular)
Consent Items
2. Approve Payment of Claims — Finance
3. Accept Feasibility Report/Waive Public Hearing/Order Plans & Specs /11- 16/Rosella Sonsteby Property /SS
& WM Extension - Engineering
4. Approve-Agent/Broker of Record City's Employee Benefits Program —Administration
5. Approve Resolution to Tax Increment Financing Districts 1 -1 and 1 -2 - Administration
6. Consider On -Sale Intoxicating Liquor & Sunday Licenses/Pappy's Cafe — Administration
7. Approve Application for Exempt Permit/Andover Lions Club — Administration
Discussion Items
8. Anoka County Sheriff s Office Monthly Report — Sheri
9. Update Woodland Estates Drainage Concerns /11- 32/2244 -149 Avenue NW — Engineering
Staff Items
10. Reschedule Joint Meeting with the City of Anoka - Administration
11. Schedule September Council Workshop — Administration
12. Schedule EDA Meeting - Administration
13. Administrator's Report — Administration
Mayor /Council Input
Adjournment
TO: Mayor and City Council
CC: Jim Dickinson, City Admini
FROM Michelle Hartner, Deputy City Clerk
SUBJECT: Approval of Minutes
DATE: August 16, 2011
INTRODUCTION
The following minutes were provided by TimeSaver for City Council approval:
July 19, 2011 Regular
July 26, 2011 Workshop
August 4, 2011 Regular
DISCUSSION
The minutes are attached for your review.
ACTION REQUIRED
The City Council is requested to approve the above minutes.
Respectfully submitted,
�,-t,
Michelle Hartner
Deputy City Clerk
Attach: Minutes
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REGULAR ANDOVER CITY COUNCIL MEETING —JULY 19, 2011
MINUTES
The Regular Bi- Monthly Meeting of the Andover City Council was called to order by Mayor Mike
Gamache, July 19, 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
Others
PLEDGE OFALLEGL4NCE
RESIDENT FORUM
No one wished to address the Council.
AGENDA APPROVAL
Mayor Gamache noted the following Agenda changes:
Supplemental Information for Agenda Item 7: Anoka County Sheriff Monthly Report
Move Consent Agenda Item 4: Approve Emerald Ash Borer Management Plan/10 -31— Engineering
to Discussion
Move Consent Agenda Item 5: Approve Fee Ordinance No. 400 — Community Center to Discussion.
Motion by Trude, Seconded by Bukkila, to approve the Agenda as amended above. Motion carried
unanimously.
APPROVAL OFMINUTES
June 28, 2011, Workshop Meeting: Correct as amended.
Councihnember Trude requested the following corrections:
Page 2 — Line 38, strike "lower ranked" and add "higher ".
Regular Andover City Council Meeting
Minutes —July 19, 2011
Page 2
1 Page 3 — Line 29; add the word "continue" after the word "to ".
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3 Page 3 — Line 33, strike the word "residents" and add "residents "'.
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5 Page 3 — Line 33; remove the comma after the word Andover.
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7 Page 5 — Line 5, strike the word "to" after objection and add "of'
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9 Page 6 - Line 4; insert the word "financial" before commitments.
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11 Motion by Trade, Seconded by Bukkila, to approve the minutes as amended. Motion carried
12 unanimously.
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14 July 6, 2011, Regular Meeting. Correct as amended.
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16 Councilmember Trade requested the following change:
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18 Page 1 — Line 40, strike "trans" and add "trained ".
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20 Motion by Trade, Seconded by Knight, to approve the minutes as indicated above. Motion carried
21 unanimously.
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23 July 6, 2011, Closed Session Meeting. Correct as amended.
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25 Councilmember Trade requested a correction on page 4, line 2, to change the word "baring" from
26 "Barring ".
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28 Councilmember Jacobsen requested a correction on Page 2, Line 29, change the comma to a period.
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30 Councilmember Trade requested the following changes:
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32 Page 6, Line 31— strike "topples over" and add "flows over ".
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34 Page 6, Line 31— strike "it is at the easement line for all the properties, so it is up to where the City
35 takes easement over ", and add "water is contained within the easement. The City requires the
36 easement to be at or near the 100 year flood elevation."
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38 Page 7, Line 23 — after the word "problem" add a question mark.
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40 Motion by Trade, Seconded by Knight, to approve the minutes as indicated above. Motion carried
41 unanimously.
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43 CONSENT ITEMS
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Regular Andover City Council Meeting
Minutes — July 19, 2011
Page 3
Item 2 Approval of Claims
Item 3 Approve Bond Payments
Item 5 Approve Ordinance Summaries
Motion by Jacobson, Seconded by Knight, approval of the Consent Agenda as revised. Motion
carried unanimously.
ANOKA COUNTYSHERIFF'S OFFICE MONTHLYREPORT
Commander Kevin Halweg from the Anoka County Sheriff's Office provided the Council and the
citizens of Andover with an update on law enforcement activities for the month of June 2011 within
the City.
CONSIDER CONDITIONAL USEPERMIT /OUTDOOR STORAGEIABCMINI STORAGE/
13624 HANSONBOULEVARD NW
Mr. Carlberg reviewed the staff report with the Council and presented the request of ABC Mini
Storage to utilize the open area along the west side of the site for parking of vehicles and trailers as
part of its business. Exterior storage in the Industrial Zoning District requires a conditional use
permit (CUP).
Mayor Gamache noted there is no other storage facility such as this in the City. The applicant is
offering to update this site, which is an improvement over what is there and the site will look the
same from Hanson Boulevard. He suggested the site could be updated easily without spending a lot
of money. Mayor Gamache pointed out there is no reason to consider parking needs since people
would be dropping offtheir storage items, and leaving. There is only one employee at a time. There
will also be a surveillance camera, making this a secure site. Mayor Gamache commented there is a
need for this in the City. He suggested more slatted fence and moving forward with the plan as
recommended by the Planning Commission.
Councilmember Bukkila questioned how tall the fence is. Mr. Carlberg responded it is 6 feet. He
noted Planning and Zoning Commission stated it could be taller.
Councilmember Bukkila stated she is concerned regarding the viewpoint from Bunker Lake
Boulevard. She asked if there is a way to conceal anything taller than 6 feet. She asked if there will
be semi trailers. Mr. Domagalla, owner of ABC Mini Storage, explained there is an elevation from
the fence line to where the storage will be. The line of sight drops down from the fence line. He said
he receives requests for boats and campers. He did not think there would be a height issue. He noted
there will not be semi trailers. There is not sufficient room to maneuver them inside the facility.
Councilmember Trude noted this was first submitted to the Council in March. At a recent meeting, a
new City Ordinance was adopted that allows a variance to be granted when there are practical
difficulties. She thought there are no practical difficulties in this situation because the applicant is
simply refusing to meet the code requirements of paving the parking park and landscaping. His only
Regular Andover City Council Meeting
Minutes —July 19, 2011
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explanation is that it is too costly.
Mr. Domagalla stated the City is asking him to add 150 shrubs and trees. He commented he would
do what he can, but there is not a lot of room for trees. He said he would be satisfied with trees and
bushes, however if the slats in the fence were removed, it would reduce privacy. He noted there
were trees along the power line, but they were removed several years ago.
8 Councilmember Trude read from the letter provided by the power company noting shorter trees and
9 bushes could be installed within their easement.
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11 Mr. Carlberg noted the direction of the Planning Commission was to do nothing that would encroach
12 on the easement. He reiterated that Mr. Domagalla would put in shrubs and trees instead of the slats
13 in the fence, though it is unclear whether that would look better.
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15 Councilmember Jacobson stated he is voicing a disclaimer that he was a consumer of one of the units
16 a few years ago, and had a chance to visit other storage facilities without outdoor storage. Some of
17 them are not pleasing to the eye, and he is concerned that could happen to this facility. He also noted
18 he was concerned with how much is visible from the north, and the number of variances required.
19 He pointed out the City spent $11 to $13 million to clean up junk yards, and he would not want to
20 see this area crowded with parked vehicles. He declared he has no issues with the covered storage.
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22 Councilmember Knight stated the City does need storage and the fence could be made higher, if
23 necessary. He noted the privacy would be preserved and it would satisfy the visibility factor. He
24 advised a height restriction on the outside storage could be added to the variance.
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26 Councilmember Trude stated the City is working toward getting all vehicles garaged and noted if the
27 business could be expanded for more indoor storage; there would not be a problem. However, if the
28 City allows Mr. Domagalla to store items outside the garages in this situation, it could set a
29 precedent. She also stated that a Planning Commissioner had expressed concerns that items of
30 different sizes covered with different colors of tarps would be unattractive and may be viewed above
31 or thru the fence.
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33 Mayor Gamache pointed out the City Code requires the applicant to put in curb and gutter. It is not
34 economically feasible for him to do that.
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36 Mr. Carlberg suggested adding in conditions to this variance, since it is a conditional use permit.
37 The City can specify the types of materials to be stored outdoors.
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39 Mayor Gamache advised to add a height restriction as an additional item to the permit. Mr.
40 Dickinson responded that most travel trailers and motor homes are 26 to 40 feet in length, and about
41 11 feet in height. A fifth wheel trailer or a coach could be a few feet taller.
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43 Mr. Domagalla said he is considering space for only 22 vehicles and has a corner identified for snow
44 storage. He noted he would not be double parking the vehicles; they will be lined up like the storage
Regular Andover City Council Meeting
Minutes —July 19, 2011
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units.
3 Mr. Dickinson explained if the Council would like to deny the resolution, the Council can direct staff
4 to complete the findings of fact and bring them forward at the next meeting.
6 Motion by Jacobson, Seconded by Trude, to deny Resolution No.R054 -11, Approving a Conditional
7 Use Permit for Outdoor Storage with Variances for ABC Mini Storage Located at 13624 Hanson
8 Boulevard NW and to direct staffto complete the findings of fact to be submitted for approval at the
9 next City Council meeting.
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11 Mr. Baumgartner explained the Legislature suggested the "practical difficulty" wording without a
12 specified definition, providing significant flexibility at the local level, future case law will likely
13 determine the constraints.
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15 Councilmember Bukkila said the change in business will alter the character of the property, which
16 was the primary reason for her to deny. Councilmember Trude said she is concerned that Kwik Trip
17 was required to put in a lot of landscaping, and this facility will not have any added landscaping.
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19 Councilmember Trude read a prepared list of reasons for denying the CUP and three variances to
20 guide staffs preparation of a resolution for the next meeting.
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22 Motion carried 3 ayes, 2 nays (Knight and Gamache). Mayor Gamache indicated that he thought the
23 CUP would have provided a needed service to the community.
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25 CONSIDER CONDITIONAL USE PERMIT I USED VEHICLES SALES /3138162ND LANE
26 NW
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28 Mr. Carlberg reviewed the staff report with the Council and presented the request for used vehicles
29 sales in the General Business Zoning District at 3138 162nd Lane NW. It was noted the Planning
30 Commission recommended approval of the proposed CUP with the conditions listed in the draft
31 resolution.
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33 Councilmember Trude clarified the owner is not planning to have a lot of cars for sale on the
34 property. She questioned whether the owner would be satisfied with a limit of 5 cars at a time. She
35 also inquired what the hours of operation would be. She advised the permit hours could be listed as
36 "not to exceed" a certain number of hours similar to the Suds dealership and the owner would advise
37 the City what his preferred hours would be.
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39 Mr. Jason Hemp, the applicant, replied the restriction of 5 cars is satisfactory. He noted he did not
40 wish to restrict indoor business, but he would restrict hours for outdoor business.
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42 Councilmember Trude requested the owner develop a landscape plan that the Planning Department
43 could approve. The plan would need to be carried out and finished in a reasonable amount of time.
44 Mr. Hemp agreed to develop a landscape plan.
Regular Andover City Council Meeting
Minutes — July 19, 2011
Page 6
Mayor Gamache questioned what the dirt road is being used for. Mr. Hemp indicated it has been
used for access. He clarified he is renting only one building in this facility, which is the building
closest to the city street.
5 Mr. Carlberg pointed out there was not a discussion about the second access point at the Planning
6 and Zoning meeting, and based on this discussion a specific condition could be added to the approval
7 addressing the access.
9 Motion by Jacobson, Seconded by Knight, to approve Resolution No.R055 -11 Approving
10 Conditional Use Permit for Used Vehicle Sales on Property Located at 3138 162nd Lane NW,
11 maximum of five vehicles for sale at one time, hours of operation for outside sales Monday
12 through Friday 6:00 a.m. — 9:00 p.m. and striking the landscaping requirement. Motion carried
13 unanimously.
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15 CONSIDER USED VEHICLESSALESLICENSE IXCELPROPERTIES /3138162NDLANE
16 NW
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18 Mr. Carlberg reviewed the staff report, noting the ordinance for vehicles sales requires approval
19 of a business license.
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21 Motion by Jacobson, Seconded by Knight, to Approve the Used Vehicle Sales Business License
22 for Xcel Properties, 3138 162"d Lane NW, the license to require proof of State licensing and
23 meeting all requirements of the State. Motion carried unanimously.
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25 CONSIDER VARIANCE TOACCESSORYSTRUCTUREHEIGHTREQUIREMENTS /CITY
26 CODE 12 -6 -3 118046 ROUND LAKE BOULEVARD
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28 Mr. Carlberg reviewed the staff report and presented the variance request to construct an accessory
29 structure that would exceed the height of the house. City Code 12 -6 -3 does not permit accessory
30 structures to exceed the height of the house. It was noted the Planning Commission recommended
31 approval with the conditions, on a split vote, with dissenting Commissioners expressing concern
32 relating to the location of the garage in front of the house and the potential to modify the roof of the
33 accessory structure to meet the ordinance requirements.
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35 Councilmember Jacobson confirmed the proposed garage is in front of the structure. Mr. Carlberg
36 stated it is and is 2 feet, 8 inches higher than what the ordinance allows.
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38 Councilmember Trude suggested adding verbiage to the variance resolution such as: "heavy
39 forestation to the site, blocking the view from the street and neighboring homes," and add a clause
40 stating, in effect, that other homeowners will not have a direct view of this structure, to support the
41 variance.
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43 Councilmember Jacobson stated while he is sympathetic, the Council must abide by the law. This is
44 a variance, and the principles have to be applied as outdoor storage. The reason for the structure is
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Regular Andover City Council Meeting
Minutes — July 19, 2011
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storage. He asked if there is a practical way to construct another storage space with a lower roof
structure. He also questioned whether this met the practical difficulty clause in granting a variance.
Mayor Gamache noted the ordinance states the storage structure must be lower in height. In this
case, the storage building is a lower elevation, so the height will look lower than the garage.
Councilmember Bukkila agreed with Councilmember Jacobson in abiding by the law. She noted the
Council would like to approve the variance since it would likely not affect any other resident.
The homeowner explained there is a daycare in the home, and there is a considerable amount of
storage needed. Also, she said they would like to garage their tractor and trailer, which is another
reason for the remodeling. She noted they read the requirements online before purchasing the house.
She explained one of the neighbors has a garage that is considerably taller than their house, but the
peak is still lower. She explained other locations for the structure had higher ground elevations so
they selected a low spot for placement so it would appear lower in height than the house. She
explained what they are asking is reasonable and is something they researched for five years before
bringing their request to Council.
Motion by Knight, Seconded by Bukkila, to Approve Resolution No.R056 -11 Approving a
Variance to the Garage Height Requirements of City Code 12 -6 -3 for Property Located at 18046
Round Lake Boulevard NW Legally Described on Exhibit A. Motion carried unanimously.
CONSIDER VARL4NCE TO ACCESSORY STRUCTURE LOCATION AND SETBACK
REQUIREMENTS/ CITY CODE 12 -6 -5 113367 AlARTINSTREET NW
Mr. Carlberg reviewed the staff report and presented the variance request to allow an existing
accessory structure to remain at its present location in the front yard of the property at 13367
Martin Street NW. It was noted the Planning Commission recommended denial based on the fact
that there is a location along the side of the garage where the accessory structure can be placed in
compliance with the City Code, so there were no practical difficulties justifying a variance.
Christina Collison, 13367 Martin Street, applicant, explained she contacted neighbors who have a
view of this structure, and they stated they did not mind that it is at this location. She acknowledged
the structure could be moved closer to the house, though it would not change anything. She said
when they put it in; they thought they were building it on the side yard. It is between trees, and
partially screened by them.
Councilmember Knight questioned whether it can be moved without being taken down. Ms.
Collison answered it could be pulled out of its location. She pointed out the structure has the same
siding and shingles as their house, so it very clearly is part of their residence.
Mayor Gamache suggested the applicants move the shed alongside their garage, though he was
unsure if the lot line was too close. Mr. Carlberg explained the Planning Commission discussed that
option, and decided it could accommodate the shed.
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Regular Andover City Council Meeting
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Page 8
Councilmember Bukkila questioned whether a retaining wall could be installed. Mr. Carlberg
responded one could be added.
Councilmember Trude suggested the applicants discuss next steps with staff. She noted the
placement of this shed forward of a home and garage is not allowed in this part of the City for safety
and aesthetic reasons and acknowledged the lot is irregular and limiting.
Motion by Trude, Seconded by Jacobson, to Approve Resolution No.R057 -11 Denying a
Variance to the Accessory Structure Location and Setback Requirements of City Code 12 -6 -5 for
Property Located at 13367 Martin Street Legally Described as Lot 4, Block 2, Emerald Glen,
Anoka, Minnesota. Motion carried unanimously.
REVIEW SURVEYAND OPTIONS FOR 149THAVENUE DRAINAGE CONCERNSII1 -32
Mr. Dickinson reviewed the staff report and summarized the survey results relating to drainage and
utility easements along 149"' Avenue NW, a portion of the Woodland Estates Development.
Councilmember Jacobson clarified the current grading is 1.5 feet higher than the original grading
plan. Mr. Berkowitz confirmed.
Tom Gile, Coon Creek Watershed District representative, was present to address questions.
Mr. Dickinson outlined the options as listed in the Council packet. He explained the big question is
what should happen with all the encroachments. He noted if the storm pipe was redirected, who
would take financial responsibility. He proposed the residents that could be benefit by a vacation of
a significant portion of the drainage and utility pay for having the storm pipe redirected in exchange
for a vacation of easement. He said in essence, the residents would gain control of their back yards
for the cost of the pipes.
Mr. Berkowitz explained the water has been contained within the easement. The water is in the low
area and does flow to the west. During heavy rains, the water hits the overflow point and sits on
properties. It is not draining out toward the large wetland to the south.
Mr. Gile explained originally, a portion of the easement was delineated as wetland, and grading
would not have been allowed. He recently detected the area is no longer a wetland. As staff
indicated, he agreed there seems to have been some kind of modification.
Councilmember Knight questioned how dry the area would become if it did drain to the south. Mr.
Dickinson replied it depends on the amount of groundwater.
Mr. Gile stated there would likely need to be some review by the Watershed District. He said he
would want to review the rate of erosion and review the history of the site with the Council.
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Councilmember Jacobson clarified the two options are to either re -grade the drainage and utility
easement, or to redirect the pipe. Mr. Dickinson answered in the affirmative.
Councilmember Bukkila expressed concern that the City is making a decision on what to do with a
resident's property. She noted that now all of the facts are known and she did not want to make a
decision on the homeowner's behalf. There are costs associated with the proposals that may be at the
property owner's expense and not that of the City.
Mr. Dickinson noted there are a significant number of encroachments into the drainage and utility
easements by the residents, and asked the Council what they would want staff to do with those.
Mr. Berkowitz suggested the City meet with the School District. If the water was discharged from
the municipal storm sewer system, the City would require an easement over the entire pond. It then
becomes the City's responsibility to maintain. He thought that may be acceptable to the school and
noted a rough cost estimate was completed, at roughly $16,000 to $17,000. This would include the
initial design, permitting, construction, but no modifications to the pond on the school property. Mr.
Berkowitz added it would be beneficial to meet with the residents and the school to explain what
would happen.
Cathy Vetter, 2274140` Avenue, questioned whether the residents can complete the grading on their
own. Mr. Berkowitz answered all the properties would need to participate to make the area conform.
Mr. Dickinson added an agreement would need to be signed to hold the City harmless for the
encroachments.
Colleen Kauffenburg, 2244149' Avenue, noted there has been acknowledgement that this easement
is not working as designed. She asked where evidence was that it could be repaired by grading it as
originally planned. The survey only shows the current grade of the land, which doesn't help to give
direction.
Councilmember Jacobson asked if the drainage would still work correctly if the City did no
improvements. Mr. Berkowitz answered it would.
Mayor Gamache noted the original plans showed where the water would flow through the drainage
easement. It did work prior to this year.
Ms. Kauffenburg explained this problem started happening well before the rains; it started in April
before the rain. She suggested looking past the recent record rain and considering the entire issue.
Mr. Dickinson noted the areas identified had the characteristics of a wetland at time of plat. The
characteristics allow for water to go on that land once it is pretreated. He noted the pond to the south
did not exist when this area was platted so there would have been no right for the City to send water
to that pond at that time. The pond was built as part of the construction of Andover High School,
Mr. Berkowitz further explained it met the design criteria at the time of plat and discharged into a
Regular Andover City Council Meeting
Minutes — July 19, 2011
Page 10
1 wetland area. To drain it and treat it is a violation so there were no other options at that time.
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3 Charles Neely, 3410 169th Lane, stated he agreed with the Council that the City should not have to
4 pay. He gave his opinion that private funding should be used to pay for changes on these lots. He
5 said he doesn't live there and doesn't want to have to pay because they knew it was a wetland when
6 they bought it.
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8 Mayor Gamache directed staff to work with the residents on the storm pipe redirect proposal. Mr.
9 Berkowitz stated he preferred to first meet with the School District to be sure they are on board. He
10 added the intent would be to get this done before winter, dependent on the process and weather.
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12 The Council agreed with the suggestion of Councilmember Jacobson that staff discuss the issue with
13 the School District and residents, and brings the issue back to the Council in 30 days.
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15 APPROVE EMERALD ASH BORER MANAGEMETN PLAN /10 -32
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17 Councilmember Jacobson indicated he thought the Emerald Ash Borer Management Plan was
18 too extensive, Councilmember Trude noted it would be used to apply for grants and thought the
19 plan was acceptable and needed some detail.
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21 Motion by Jacobson, Seconded by Knight, to approve the Emerald Ash Borer Management Plan.
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23 Motion carried unanimously.
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25 APPROVE FEE ORDINANCE NO. 400
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27 Councilmember Bukkila requested the child rate be lower than the adult rate. She suggested an
28 adult be allowed to enter at no charge if accompanied by a child.
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30 Councilmember Knight pointed out the fee structure was to separate resident from nonresidents
31 fees as well.
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33 Mr. Dickinson pointed out the fee structure is one of the least expensive in the area and that an
34 adult is not charged a fee if they are just there to watch.
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36 Motion by Knight, Seconded by Bukkila, to approve Fee Ordinance No. 413.
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38 Motion carried unanimously.
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40 SCHEDULE JOINT MEETING WITH PARK & RECREATION COMMISSION
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42 Mr. Dickinson requested the Council schedule a Joint Meeting with the Park & Recreation
43 Commission, noting potential dates listed in the staff report.
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1 The Council discussed the draft agenda and available dates. The Council indicated it would
2 work best to have the Joint Meeting as part of the August 23, 2011 Workshop meeting.
3 SCHEDULE JOINT MEETING WITH CITY OFANOKA
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5 Mr. Dickinson requested the Council schedule a Joint Meeting with the City of Anoka to discuss
6 topics of mutual concern. He suggested the dates of September 12, or October 10, 2011.
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8 The Council discussed the draft agenda and available dates.
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10 Motion by Knight, Seconded by Mayor Gamache, to schedule a Joint Meeting with the City of
11 Anoka on September 12, 2011, at 6:00 p.m. Motion carried unanimously.
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13 ADMINISTRATOR'S REPORT
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15 City Staff updated the Council on the Administration and City Department Activities, legislative
16 updates, updates on development/CIP projects, and meeting reminders /community events.
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18 Mr. Berkowitz reported the Andover Fun Fest was a success. He noted that the Public Works
19 staff and the Sheriff's Department did an exceptional job.
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21 Mr. Berkowitz stated he received approximately ten calls during the day regarding the rain,
22 sheds, and property issues. He suggested residents be proactive about knowing their
23 responsibilities if they are going to put something in a drainage and utility easement. Residents
24 can contact City Hall with question. Mr. Berkowitz added that the goal of the City is to not see
25 impact to the primary structures. The staff would like to be there to help, and if the shed or
26 playground is impacted, it could be outside the realm of emergencies staff needs to attend to.
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28 MAFOR/COUNCIL INPUT
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30 League of Women Voters — Councilmember Trude announced the League of Women Voters will
31 be meeting at Coon Rapids City Hall July 20, 2011.
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33 Fun Fest — Councilmember Trude reported she was at the Fun Fest booth and spoke with
34 hundreds of residents. She noted that the inflatables were popular and residents enjoyed the
35 model cars.
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37 Resignation from Council — Councilmember Jacobson reported he will resign from the City
38 Council and the QCTV Board at midnight on August 29. He and his wife previously purchased a
39 home in Nisswa. He explained they put their Andover home up for sale and it sold quickly,
40 propelling the move to Nisswa earlier than anticipated.
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42 Motion by Bukkila, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting
43 adjourned at 10:15 p.m.
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Regular Andover City Council Meeting
Minutes — July 19, 2011
Page 12
Respectfully submitted,
Chris Moksnes, Recording Secretary
Regular Andover City Council Meeting
Minutes —July 19, 2011
Page 13
REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — JULY 19, 2011
TABLE OF CONTENTS
PLEDGE OF ALLEGIANCE .......................................................................... ............................... 1
RESIDENTFORUM ....................................................................................... ............................... 1
AGENDAAPPROVAL ................................................................................... ............................... 1
APPROVALOF MINUTES ............................................................................ ............................... 1
CONSENTITEMS .......................................................................................... ............................... 2
Item2 Approval of Claims ....................................................................... ............................... 3
Item 3 Approve Bond Payments ............................................................... ............................... 3
Item 5 Approve Ordinance Summaries ..................................................... ............................... 3
ANOKA COUNTY SHERIFF'S OFFICE MONTHLY REPORT ................. ............................... 3
CONSIDER CONDITIONAL USE PERMIT / OUTDOOR STORAGE / ABC MINI STORAGE
/ 13624 HANSON BOULEVARD NW (See Resolution R054 -11) ........... ............................... 3
CONSIDER CONDITIONAL USE PERMIT / USED VEHICLES SALES / 3138 162ND LANE
NW (See Resolution R055- 11) .................................................................... ............................... 5
CONSIDER USED VEHICLES SALES LICENSE / XCEL PROPERTIES / 3138 162ND LANE
NW.............................................................................................................. ............................... 6
CONSIDER VARIANCE TO ACCESSORY STRUCTURE HEIGHT REQUIREMENTS /
CITY CODE 12 -6 -3 / 18046 ROUND LAKE BOULEVARD (See Resolution R056 -11) ....... 6
CONSIDER VARIANCE TO ACCESSORY STRUCTURE LOCATION AND SETBACK
REQUIREMENTS / CITY CODE 12 -6 -5 / 13367 MARTIN STREET NW (See Resolution
R057- 11) ...................................................................................................... ............................... 7
REVIEW SURVEY AND OPTIONS FOR 149' AVENUE DRAINAGE CONCERNS / 11 -32 8
APPROVE EMERALD ASH BORER MANAGEMENT PLAN /10- 32.... Error! Bookmark not
defined.
APPROVE FEE ORDINANCE NO. 400 (See Ordinance 413) .... Error! Bookmark not defined.
STAFF ITEMS ....................... ............................... .........................Error! Bookmark not defined.
SCHEDULE JOINT MEETING WITH PARK & RECREATION COMMISSION ................... 10
SCHEDULE JOINT MEETING WITH CITY OF ANOKA ........................................................ 11
ADMINISTRATOR'S REPORT ................................................................... ............................... 11
MAYOR/COUNCIL INPUT ......................................................................... ............................... 11
Leagueof Women Voters .......................................................................... ............................... 11
FunFest ..................................................................................................... ............................... 11
Resignationfrom Council .......................................................................... ............................... 11
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6 ANDOVER CITY COUNCIL WORKSHOP MEETING — JULY 26, 2011
7 MINUTES
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10 The Workshop Meeting of the Andover City Council was called to order by Mayor Mike Gamache,
11 July 26, 2011, 6:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover,
12 Minnesota.
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14 Councilmembers present: Sheri Bukkila, Don Jacobson, Mike Knight
15 Councilmember absent: Julie Trude
16 Also present: City Administrator, Jim Dickinson
17 Community Development Director, Dave Carlberg
18 Director of Public Works /City Engineer, Dave Berkowitz
19 Others
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21 DISCUSS LIVABLE COMMUNITIES PROGRAM WITH METROPOLITAN COUNCIL
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23 Paul Burns, Manager of Livable Communities Program of the Metropolitan Council, shared a
24 PowerPoint presentation with the Council that outlined benefits and participation requirements of the
25 Livable Communities Program.
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27 Councilmember Jacobson asked if Andover is the only city currently not participating in the
28 program. W. Burns stated that currently 94 other cities within the Metropolitan area have chosen to
29 participate in this program, but there are others that have elected to not participate.
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31 Councilmember Jacobson asked how much money is available for programs. Mr. Burns stated there
32 are approximately $9 million available throughout different funds to help get projects to a point for
33 pre - development funding such as soil studies and other assessments. He said a city can request up to
34 $1 million a year in project funding.
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36 Councilmember Jacobson asked if cities pay a Metropolitan Council property tax even if they don't
37 participate in the Livable Communities Program. Mr. Bums said that is true and noted that with the
38 fiscal disparities program all cities contribute to funding.
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40 Mayor Gamache reviewed the list of requirements and inquired if Andover already meets the criteria.
41 Mr. Dickinson said Andover already meets or exceeds the requirements to participate.
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43 Mayor Gamache asked if by participating in the Livable Communities program does the Met Council
44 have more influence on planning. He added if we already met the requirements would Met Council
45 ask for more. Mr. Burns said he has been with the Met Council over three years and has seen no use
46 of funding in that way. He added that funding is competitive though, so if a city meets or exceeds
47 the requirement they could be more likely to receive funding depending on the competition.
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Andover City Council Workshop Meeting
Minutes —July 26, 2011
Page 2
Councilmember Knight asked for a definition of affordable housing. Mr. Burns said affordable
housing is based on the area's median income figure established by the Department of Housing and
Urban Development. He said that last year the Met Council changed from 80% for a home owner
and 50% for a rental to 60% of area median income overall.
Mr. Dickinson noted that area median income levels are based on address, as well as an individual's
tax returns and other income data.
Councilmember Bukkila asked for an example of a project that could qualify for funding. Mr.
Dickinson said the Livable Communities program is not meant to finance an entire project, but rather
be one of a supplemental revenue stream to fill a funding gap.
Mr. Burns said if you were applying strictly for lower income housing this would work, but if you
were trying to get a loan from us to buy up a key parcel the minimum criteria is that at least 20% of
the future project would be affordable housing. He said for the Livable Community Demonstration
there is no requirement for any affordable housing, but rather just for community development. The
projects will likely be more dense than single family, such as a town center concept, so as to
introduce higher quality housing in older developed areas and provide a better range of housing
options.
Councilmember Jacobson said affordable housing seems to be a key theme for higher density, but he
said our community doesn't have the transportation to support higher density or support the current
character either. He asked what the benefits would be to participate. Mr. Burns noted the City
already has a goal of providing affordable housing.
Councilmember Jacobson agreed, but said we aren't tied to high density because of the map so what
if we change our minds. Mr. Burns said if the City doesn't apply for grants then there is no issue.
Mr. Carlberg noted they would have to update the Comprehensive Plan though if the current
Comprehensive Plan guidance isn't followed.
Councilmember Jacobson said that in setting the number of units we have to plan for is usually off,
so why should we believe that the numbers for livable housing is accurate. Mr. Burns said they have
assembled an assortment of projections using the best data available in order to set goals. He added
they are about to come up with a new forecasting method and will be revising the projections in a
couple years.
Mayor Gamache asked for an explanation of Life Cycle Housing. Mr. Burns shared definitions of
Affordable and Life Cycle Housing, stating it is a vaned housing option that meets people's
preferences for all stages of life, ranging from single family to assisted living.
Councilmember Jacobson asked if Section 8 figures in. Mr. Burns said Section 8 is related
somewhat because some of the projects are funded through Minnesota Housing where people might
apply for Section 8 vouchers. He added affordable housing does not mean subsidized housing.
Andover City Council Workshop Meeting
Minutes —July 26, 2011
Page 3
1 Mayor Gamache said there are opportunities available that we can't get because we don't participate
2 in this program and with the potential redevelopment coming up we should be ready. He added that
3 taxpayers are already paying for this so we should try to benefit.
4
Mr. Dickinson noted this is a voluntary participation and the City can withdraw at any time.
Mr. Burns said he will get staff information on current rental rates and home ownership figures.
9 Councilmember Knight asked why cities leave the program. Mr. Burns said there have been debates
10 over other issues, but most were because they were small communities and didn't plan on applying
11 for grants in the foreseeable future.
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13 Mr. Carlberg asked if a community had not applied for funds before would that application be
14 reviewed more favorably compared to others. Mr. Burns said this is not an actual criteria but stated
15 there are maximum amounts of award for Minneapolis and St. Paul and they have to make sure there
16 is a pool of funds available for non -metro cites. He added they try to spread the funds out as much as
17 possible, although there is no bias against small communities.
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19 Council directed staff to review the process of participating in the Livable Communities Program,
20 determine if there are real opportunities and bring back to the Council at a future meeting for further
21 discussion.
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23 ANOKA COUNTYSHERIFF 2012 BUDGET PRESENTATION
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25 Mr. Dickinson presented the 2012 budget for the Anoka County Sheriff's Department, then
26 introduced Sheriff James Stuart and Chief Deputy Tom Wells. Mr. Dickinson noted the Sheriff
27 services contract is the largest in the City at just over $2.6 million annually.
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29 Sheriff Stuart thanked the Council for the opportunity to discuss the budget. He reviewed current
30 services, including patrol, forensics, adding they have provided contract service to the community
31 since 1974. He thanked the Council for their responsible leadership in Andover, adding that during
32 these difficult economic times everyone is evaluating all processes from the ground up, he wants to
33 ensure the Sheriff's Office continues to be a good partner. He said the Sheriff's Office has made
34 numerous staffing and operational level changes since January to better serve residents and be more
35 efficient, noting that Andover has a solid level of patrol and strong partnership. Sheriff Stuart stated
36 that challenges could include specific neighborhood challenges, such as crime prevention and/or
37 investigations, and although we have developed a dedicated investigator for Andover they suggest
38 having one more in order to meet the current level of service.
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40 Sheriff Stuart reviewed some contract options, including a status quo plan (Option A), an additional
41 20 hours /week crime prevention plan (Option B), and a half -time crime prevention staffperson with
42 additional investigators (Option Q.
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44 Councilmember Jacobson said the status quo option is $36,000 more, but if we elect to explore
Andover City Council Workshop Meeting
Minutes —duly 26, 2011
Page 4
community policing what would the charge be. Mr. Dickinson said the cost would be $78,728 or an
additional $42,000 on top of the status quo option.
Sheriff Stuart outlined Option B which would be a 40 hour week crime watch coordinator raising the
contract from $24,326 to $48,650 per year for a new total of $2,581,575.
7 Councilmember Jacobson asked what additional benefits would Option B bring. Sheriff Stuart said
8 the crime watch coordinator would more actively be engaged in the City and would work with local
9 neighborhoods on a variety of issues, including child safety seat clinics, bike helmets, crime watch
10 and open house events.
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12 Councilmember Knight inquired about seat belt programs in schools. Sheriff Stuart said that is
13 typically handled by the school liaison officers, as well as a partnership with Andover Fire on the
14 mock crash.
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16 Councilmember Jacobson said our current crime rates keep the investigator busy and asked if it is
17 more cost effective to provide a part-time or full -time assistant rather than an additional crime watch
18 person. Sheriff Stuart outlined that possibility in Option C as a hybrid position full -time licensed
19 position who conducts part-time investigations as well as addressing "hot spots" in the City. He said
20 it would be more of a community oriented investigator who would review patterns and trends as well
21 as coordination. He said the person would work and partner with the Crime Prevention Coordinator,
22 but still have arrest authority.
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24 Councilmember Knight said you can't place a financial figure on crime watch. Sheriff Stuart agreed,
25 stating he is a firm believer in finding ways to break the generational cycle.
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27 Chief Deputy Wells said they can show the success of programs and how popular they are with the
28 community, adding our calls for service may be down because of the calls to the current Crime
29 Prevention Coordinator. He added over 1,500 people attended the community open house which
30 shows great interest.
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32 Councilmember Jacobson asked if the current Crime Watch Coordinator would be assigned full time
33 to Andover. Sheriff Stuart said he needs to allow her to be a resource in the County and would need
34 to provide someone else too.
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36 Mayor Gamache asked if this hybrid position would cover the needs, but fall close to the outlined
37 budget in Option C. Sheriff Stuart said this option would add $124,227 to the annual contract.
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39 Councilmember Bukkila suggested this person would be utilized more County-wide and may belong
40 in the larger pool of services and that this is a service that should be available and paid for by all
41 municipalities.
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43 Councilmember Jacobson asked for specific costs and job descriptions for Council to review, adding
44 it may be a little early to consider a hybrid position.
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Andover City Council Workshop Meeting
Minutes —July 26, 2011
Page 5
Mr. Dickinson said they could reallocate other dollars in the contract. He noted we currently utilize
CSOs, but he does like the idea of another licensed peace officer on duty for visibility.
Chief Deputy Wells said uniformed officers go from call to call and can't always follow up with
neighbors, where this position could do some of that after identifying those trends, as well as
tracking property through online sources such as Craigslist.
Consensus was reached to consider offsetting costs by a reduction in CSO coverage. Staff was asked
to provide more information on the options for further consideration.
Discussion was held on coverage between other cities. Councilmember Knight noted there is a value
in presence and a uniform look.
Sheriff Stuart said there would be no change in visible presence with the exception of longer waits
for nuisance calls such as barking dogs and lock outs, although he believed the trade would be an
improvement overall.
Councilmember Knight asked if the liaison is done at the end of the school day. Sheriff Stuart said
they are, but added there are events after school as well.
CITYSANITARYSEWER & WATER UTILITIES UPDATE
Mr. Berkowitz provided an update relating to the Sanitary Sewer and Water Utilities Fund, adding
the City is very prepared for any proposed expansions. He noted there is no real interest in sewer
expansion in the north east part of the City through the East Bethel system, but this topic will be
included in the next Metropolitan Council Comprehensive Plan update review.
Mr. Berkowitz reviewed the Water Utilities Fund. Discussion was held on well rehab and State
requirements for residential wells.
Councilmember Jacobson inquired about the proposed new line to the west. Councilmember
Bukkila requested neighborhood notifications for any well pumping.
Mr. Berkowitz reviewed the Comprehensive Water System Plan. Councilmember Jacobson said we
have to start considering how the property to the south of Coon Creek will be developed as it won't
be as simple as installing water pipe.
Mr. Dickinson asked how sewer could be provided in this area. Mr. Berkowitz said they have done
an analysis and there is capacity in the lateral lines with just a lift station and extending the lateral
lines, which would be paid for by the developer.
Mr. Berkowitz said the City has repainted Tower #1, but other long term improvements include a
future two -well water treatment plant, and possibly another Water Plant and additional wells in the
rural reserve.
Andover City Council Workshop Meeting
Minutes —July 26, 2011
Page 6
1 Mayor Gamache asked for an update on the South Cook Creek area. Mr. Berkowitz said they
2 anticipate this area to begin in 2012, although they had hoped to be further along, progress is still
3 being made. Mr. Dickinson said the City might have to contract out for the Millers Woods plat
4 design from Gonyea Homes, the current work load for staff is at capacity.
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6 Councilmember Jacobson asked if the City received a concession to drill another well without a
7 permit as part of the test well in Bunker Hills Park. Mr. Berkowitz said the arrangement was to
8 obtain the appropriate permit for Well #9 and provide assistance to the County.
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10 Councilmember Jacobson confirmed we are pre- approved for another well. Mr. Berkowitz said that
11 is correct.
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13 Mayor Gamache asked about the Annual Quality Report and offered some ideas for reducing the
14 $6,400 cost. Mr. Dickinson said the report is paid for by the Utilities Fund, adding it is a mandatory
15 Health Department requirement. Mr. Berkowitz added the report includes educational pieces outside
16 of the Health Department requirements.
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18 2011 BUDGET IMPLEMENTA TION PR 0 GRESS & JUNE 2011 INVESTMENT REPORT
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20 Mr. Dickinson provided an update on the 2011 budget implementation process and indicated it
21 contains total revenues of $28,910,245 with expenditures of $30,785,805. The $1,875,560 of
22 expenditures over revenues is largely due to prepaying debt in order to save on interest expenditures.
23 The 2011 budget includes a total property tax levy of $10,856,299 which reflects a zero percent gross
24 levy increase as compared to the 2010 budget. Mr. Dickinson reviewed collaborative opportunities,
25 savings, certificates of deposit review, the investment process, bond ratings, real estate mortgage
26 investment conduits, and government agencies.
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28 Councilmember Jacobson asked what the current yield is on money market funds. Mr. Dickinson
29 said the current yield is less than one percent, with longer held investments at two percent or greater.
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31 Councilmember Jacobson asked what the $20 million overall portfolio will be used for. Mr.
32 Dickinson said the funds will be used primarily for debt service. He explained we have about $3.5
33 million for general operating expenses plus money dedicated for utilities. He said that even at $20
34 million this is a low level as it used to be in the mid -$30 million. Mr. Dickinson said there is no
35 excessive fund balance and while they are lean he is comfortable with the balance.
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37 Councilmember Knight asked what the appropriate cash -flow carry should be. Mr. Dickinson said
38 the appropriate carry should be 40 -45 percent of annual expenses. He added the 2011 budgetary
39 numbers are currently on target, but they will review some line items again in the next month.
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41 2012 -2016 CIP DEVELOPMENT DISCUSSION/ UPDATE
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43 Mr. Dickinson provided an update on the 2012 -2016 CIP, working with commissions, etc. There is a
44 future meeting in August with the Park and Recreation Commission to discuss their proposed
Andover City Council Workshop Meeting
Minutes —July 26, 2011
Page 7
1 projects.
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3 Councilmember Jacobson inquired about roof replacements for $300,000. Mr. Dickinson said the
4 roofs would be replaced at Fire Station #1, City Hall, and Public Works. Mr. Dickinson indicated
5 some of the roofs could be delayed, they are reviewed annually. He noted City Hall should have
6 been done last year and did not think it could be pushed out.
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8 Councilmember Bukkila asked that new projects be highlighted when added to the CIP. She
9 inquired about the reasoning for irrigation in the neighborhood park in Woodland Estates. Mr. Ted
10 Butler, Park Commission Chair said the Commission reviewed available funds and priorities for
11 small parks and is suggesting that one -third acre or less would be the threshold for considering
12 irrigation.
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14 Councilmember Bukkila mentioned this would include ongoing maintenance, and referred to
15 Hickory Meadows and Sophie's Park. She suggested allotting some money for irrigation then telling
16 the residents to raise some of the money similar to other projects. Mr. Butler said this is a fair
17 concern and could be addressed at the August worksession.
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19 Mayor Gamache asked if other parks had been moved out of the CIP. Mr. Butler said no because
20 they had thought we'd be in a deficit in the CIP, but after the EDA addressed the Andover Station
21 North ballfields we have funds. He said the Park & Rec Commission is reviewing other parks like
22 the parking lot at Sunshine Park.
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24 Mayor Gamache inquired about the $35,000 parking lot expansion? Mr. Butler said this would be
25 used to pave the rest of the lot. Mr. Dickinson indicated this would be the parking lot on the parcel
26 recently purchased from the Martinson.
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28 Mr. Dickinson said the most firm items in the CIP are equipment and larger items outside of parks,
29 and while parks make up less than five percent of the total CIP they receive 85 percent of the
30 discussion.
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32 Councilmember Jacobson inquired about the proposed ladder truck. Mr. Dickinson said the ladder
33 truck was pushed out a year and would be reviewed again with the next year CIP.
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35 Mayor Gamache asked staff to provide information on how many other parks we irrigate for the next
36 worksession. He then asked about intersection upgrades at Crosstown Boulevard and Crosstown
37 Drive. Mr. Berkowitz said these upgrades are included in the proposed CIP, but noted staff is
38 looking at additional funding for park replacement of $25,000 for expensive items like fencing.
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40 Mr. Dickinson said currently there are no new revenues projected in the trail fund. He said the
41 Millers Woods development may be a possibility, but not a certainty, which is then reflected in park
42 dedication funds projections. He then discussed MSA funds and maintenance allocation from the
43 gas tax, as well as the tax levy of $1.1 million annually to maintain roads in the community. He said
44 we are trying to maintain the adequate reserve balances so we don' have to bond for these projects.
Andover City Council Workshop Meeting
Minutes —July 26, 2011
Page 8
1 Mr. Dickinson reviewed the water systems operation, noting staff has included a zero percent
2 increase for the 2012 rates, adding though importance of being competitive with other communities
3 particularly for connection fees. He also explained the Water Fund Cash balance and the process of
4 the refunding water treatment bonds and how that cash balance will pay off debt service in 2012 of
5 $7.6.
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7 Mr. Dickinson said his main concern for the Water Fund is the replacement reserve at zero. He said
8 the rates are not covering future replacement and as a result the water utility will be reliant on debt
9 financing. He said water systems are expensive and is a function of where we are at geographically,
10 so we may have a utility that struggles. Mr. Dickinson said from an utility operations perspective we
11 have a very lean fund balance in the water improvement fund.
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13 Mr. Dickinson stated the sewer fund is based on 8,358 users and that we should consider a 2012 rate
14 increase, it has been zero for the past two years. He said the cash equivalent is a fairly good fund
15 balance so operations are good.
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17 Mr. Dickinson said replacement funds are being set aside especially for lift station items and
18 anticipated maintenance. He said the utility fund is healthy and could be the source of funds to loan if
19 needed to the water utility
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21 Mr. Dickinson outlined the storm water utility fund and that staff is proposing an increase because of
22 rising costs to maintain the system.
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24 2012 BUDGET DEVELOPMENT DISCUSSION/ UPDATE
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26 Mr. Dickinson provided an update on the 2012 budget development and referenced various deadline
27 dates. He said the 2012 budget is a status quo budget with a commitment to a tax rate for long -term
28 competiveness and sustainable revenue. He said Andover is seeing a decrease in total market value,
29 but said this is not unique, in fact the decrease is less than other cities. He said we will receive no
30 market value homestead credit (MVHC) in 2011, 2012, or 2013, which staff has budgeted for.
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32 Mayor Gamache said the League of Minnesota Cities said that MVHC will automatically raise the
33 tax rate for cities. Mr. Dickinson commented the City is required to levy for it, but we will not
34 receive the funds.
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36 Mr. Dickinson referred to Andover's fiscal goal of no less than a 40 percent General Fund reserve,
37 which at a minimum in his opinion for 2012 should be 45 percent. He said the debt levy should be
38 no more than 20 percent and for 2012 it will be around 17.5 percent. Mr. Dickinson indicated the
39 current legislative session may have created more restrictions for the City to issue debt.
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41 Councilmember Knight asked how we compare to other cities relative to debt. Mr. Dickinson stated
42 most developing cities are above that rate, stating that while Andover is lean for debt we are
43 currently not financing new improvements for development.
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Andover City Council Workshop Meeting
Minutes —July 26, 2011
Page 9
1 Mr. Dickinson referred to the fund balance which will increase approximately $120,000 in 2011. He
2 said staff is holding the line on expenses as well as seeing revenues at goal or better.
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4 Councilmember Knight asked if the Sheriffs proposal is included in this request. Mr. Dickinson
5 said the status quo plan, Option A, and the crime watch plan, Option B, are included.
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7 Mr. Dickinson said the 2012 general fund expenditures show an increase of 1.16 percent, noting that
8 staffing levels are proposed to stay the same, but we continue to stress our service delivery.
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10 Mayor Gamache thanked the Fire Chief for the limited proposed .54 percent increase in the Fire
11 budget. He asked why Recycling is up 3.53 percent. Mr. Dickinson said it is because of salary
12 allocation changes.
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14 Councilmember Jacobson inquired about the 700 percent increase in Elections. Mr. Dickinson
15 explained the increase is for hiring election judges in 2012, no election judges are budgeted for 2011.
16 He said costs for the primary and general elections will be approximately $36,000, and will include
17 no new equipment costs.
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19 Mr. Dickinson noted the budget did not reflect the eliminated Public Works maintenance worker
20 position. It does include the Community Development Director position.
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22 Discussion was held on Youth First and teen programming and that correlation to funding
23 Community Education used to receive. Mr. Dickinson said they are working on collaborating with
24 the YMCA and Youth First on teen programming, including a homework help area through Youth
25 First.
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27 Mr. Dickinson said the budget includes staff step increases, but no cost of living increase. He added
28 they are currently conducting a mid -year review of the health plan and they expect to see an increase
29 in health insurance costs. He said staff will explore other options and stated that while a high
30 increase is projected we are still in the middle compared to other cities for health insurance rates.
31 Discussion was held on possible collaboration with Anoka County or even larger groups.
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33 OTHER TOPICS
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35 Mr. Dickinson distributed some options for discussion on how to fill the upcoming vacancy for
36 Councilmember Jacobson upon retirement. Discussion included formally announcing the
37 vacancy, advertising, and the interview process for appointment. Mayor Gamache said he felt it
38 was important to have a full Council in place as they begin the 2012 budget discussions. He
39 added that he would like to narrow the pool to two to three applicants based on the applications
40 received.
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42 Mr. Dickinson stated the application questions should help determine who to interview. He said
43 the appointment will be for one year until 2012 where they announce a special election with the
44 next general election.
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Andover City Council Workshop Meeting
Minutes —duly 26, 2011
Page 10
Mayor Gamache suggested interviewing the week of August 29 and have the individual take
office at the September 6 meeting. He added he would like the appointed person be allowed to
run for office in 2012 should they choose.
Mr. Dickinson said he will review the process with the City Attorney to confirm.
ADJOURNMENT
Motion by Councilmember Bukkila, Seconded by Councilmember Jacobson, to adjourn. Motion
carried unanimously. The meeting adjourned at 9:05 p.m.
Respectfully submitted,
Cathy Sorensen, Recording Secretary
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6 REGULAR ANDOVER CITY COUNCIL MEETING — AUGUST 4, 2011
7 MINUTES
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10 The Regular Bi- Monthly Meeting of the Andover City Council was called to order by Acting Mayor
11 Julie Trude, August 4, 2011, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW,
12 Andover, Minnesota.
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14 Councihnembers present: Sheri Bukkila, Don Jacobson, Mike Knight, Julie Trude
15 Councilmember absent: Mayor Mike Gamache
16 Also present: City Attorney, Scott Baumgartner
17 Director of Public Works /City Engineer, Dave Berkowitz
18 City Administrator, Jim Dickinson
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21 PLEDGE OFALLEGIANCE
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24 RESIDENT FORUM
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26 No one wished to address the Council.
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29 AGENDA APPROVAL
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31 Acting Mayor Trude stated Item 7A. Acceptance of a Contribution from the Andover Football
32 Association for the Andover Dog Park, would be added to the Consent Agenda. Item 7B., Approve a
33 quote for Building A floor sealants as a maintenance item, would be added to the Consent Agenda.
34 Item 4 in the Consent Agenda would be moved to Item 8A for discussion. She stated staff had also
35 provided additional materials concerning Item 8., Consider declaring a dangerous dog.
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37 Motion by Councilmember Jacobson, Seconded by Councilmember Knight, to approve the Agenda
38 as amended above. Motion carried unanimously.
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41 APPROVAL OFMINUTES
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43 July 19, 2011, Regular Meeting:
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45 Acting Mayor Trude stated the Council had several changes that needed to be made and suggested
46 the minutes be tabled until staff has had an opportunity to redraft the minutes. She stated specifically
47 the recording secretary should include the facts in the cases that had practical difficulties and also the
48 reasons for or against finding practical difficulties should be noted. She also clarified two of the
Regular Andover City Council Meeting
Minutes —August 4, 2011
Page 2
resolutions in the minutes did not reflect the points that had been made at the meeting.
Councilmember Jacobson suggested the Council provide their changes to staff so that these can be
incorporated into the redrafted minutes and these can be presented at the next City Council meeting.
It was the consensus of the City Council to have staff redraft the July 19, 2011, Regular City Council
Meeting Minutes and bring them forward at a future Council Meeting for approval.
10 CONSENT ITEMS
11
12 Item 2 Approve Payment of Claims
13 Item 3 Resolution to Deny Conditional Use Permit/Outdoor Storage /ABC Mini
14 Storage /13624 Hanson Boulevard NW (See Resolution R054 -11)
15 Item 5 Approve Massage Therapy License /City Chiropractic & Massage
16 Item 6 Approve Name for Open Space Site/North Woods Preserve
17 Item 7 Approve Dental Renewal and Employer Contribution
18 Item 7A Approve the acceptance of a Contribution from the Andover Football Association
19 for the Andover Dog Park (See Resolution R060 -11)
20 Item 7B Approve the Quote for the Building A (Large Garage) Floor Sealants
21
22 Motion by Councilmember Jacobson, Seconded by Councilmember Knight, approval of the Consent
23 Agenda as amended. Motion carried unanimously.
24
25
26 CONSIDER DECLARING DANGEROUS DOG /15571 POTAWATOMI ST. NW
27
28 City Administrator Dickinson explained staff is requesting the City to approve two resolutions. The
29 first resolution would declare a dog owned by Barry and Shelly Larkin as a dangerous dog pursuant
30 to City Code Title 5, Chapter 1, Section 5 -1 A -11 and the second resolution would require abatement
31 for the dog pursuant to the City Code Title 5, Chapter 1, Section 5- 1A -17. Mr. Dickinson reviewed
32 the information with the Council and provided a chronological outline the events that have lead staff
33 to make this request.
34
35 Acting Mayor Trude explained the Council had been provided with a copy of the City Codes that
36 applied to the definition of dangerous dog. The conditions of the Code need to be met and found
37 to be factual before the Council can move forward with the first resolution of declaring a
38 dangerous dog. The City Council had received a letter from one of the people bitten by Brandy
39 and it states she has a 2" to 3" scar on her thigh due to the bite. Acting Mayor Trude asked if the
40 owner of the Brandy would like to address the Council.
41
42 Ms. Shelly Larkin, 15571 Potawatomi St. NW, Andover, explained the incidence of the dogs
43 running at large happened when she and her husband were out of town. Their son was watching
44 the dogs while they were gone and had brought his puppy. There had been a pile of brush and
Regular Andover City Council Meeting
Minutes —August 4, 2011
Page 3
1 shrubs where several critters were hiding and the dogs were chasing around in this area. The
2 neighbor had called her home to let them know the dogs were down there, but because she was
3 out of town she did not answer. She explained one of the dogs had been her son's eight -month
4 old puppy and it was hard to control a puppy.
Acting Mayor Trude stated this explained the events that occurred in October 2010 but this does
not explain the most recent incident on July 6, 2011, when three dogs attacked a woman and her
dog.
10 Ms. Larkin stated this spring there had been a second invisible fence installed in order to keep the
11 dogs restrained and she does not believe that three of the dogs would go over both invisible fence
12 lines in order to get to the road. She stated the officer had not come to talk to her in regard to the
13 July 6, 2011 incident and she had to obtain a copy of the police report herself.
14
15 Acting Mayor Trude stated the dogs had charged at the woman and her dog on July 6. The dog
16 was not bitten but the woman did fear for her safety and the safety of her dog. This is the third
17 occurrence of the dog being aggressive towards people or other domestic animals. She expressed
18 concerns about the invisible fence being the only means of keeping the dog in the yard because if
19 there is something a dog wants, they will cross the invisible fence line. Based on the number of
20 incidents this is not an adequate means of restraining the dog.
21
22 Councilmember Jacobson asked if Brandy had a current City dog license.
23
24 Councilmember Knight stated German Shorthair's could be very territorial.
25
26 Ms. Larkin stated she has had several people in her yard playing with the dogs and Brandy has
27 not been aggressive or territorial towards them. She explained at this time Brandy did not have a
28 City dog license and it will depend on the outcome of the meeting if Brandy will be licensed or
29 not.
30
31 Councilmember Knight stated there have been serious bites reported concerning this dog.
32
33 Councilmember Jacobson stated there were eight different occurrences over a year and a half
34 period. He asked what steps the owners were taking to ensure the dog is handled properly.
35
36 Ms. Larkin stated Brandy is kept in the house or tethered outside. There is also the double
37 invisible fence. The double invisible fence was installed in an effort to keep the dogs confined to
38 the yard.
39
40 Acting Mayor Trude stated the invisible fences have been ineffective in keeping Brandy in the
41 yard.
42
43 Councilmember Bukkila asked when the second invisible fence had been installed. Ms. Larkin
44 stated the second fence was installed in early June 2011.
Regular Andover City Council Meeting
Minutes — August 4, 2011
Page 4
Councilmember Jacobson asked what Mr. and Mrs. Larkin planned to do if the City declared
Brandy a dangerous dog. Ms. Larkin stated they would probably have to put the dog down.
Councilmember Jacobson stated there were other options available to the owners if the dog was
declared a dangerous dog.
7 City Administrator Dickinson stated the City Council was being asked to declare Brandy a
8 dangerous dog and also to require abatement. If the City requires abatement then the owner has
9 the option to remove the dog from the City or have the dog put down. If the dog is declared a
10 dangerous dog this will follow the dog to a new location. He further explained that a dog should
11 be declared dangerous prior to the order for abatement. If the City chooses not to require
12 abatement they could require the dog to have a microchip and the owners to provide insurance.
13 The dog would also need to be leashed and muzzled and additional steps would need to be taken
14 if there was another incident involving the same animal.
15
16 Ms. Larkin stated two of the incidents were with the same woman. She also explained that it was
17 not possible for three dogs to all decide to go through two invisible fence lines at the same time.
18
19 Councilmember Bukkila stated there had been three different complaints from three different
20 streets. The City should have been contacted in 2010 to address the concerns with this dog. The
21 dog has shown a history of aggressive behavior.
22
23 Ms. Dee Anne O'Brien, 15952 Makah St. NW, Andover, stated she had been bitten on April 10,
24 2010. She had walked the same path several times and was not afraid of the dogs. She had even
25 pet Ms. Larkin's dogs in the past. On April 10 the dog had bit her and the incident had been
26 unprovoked. When she told Ms. Larkin that the dog had bitten her, Ms. Larkin was surprised that
27 this would happen. Ms. O'Brien stated it was not until later she had learned the dog had bitten
28 another person two days prior to her being bitten. She stated it was her understanding that dogs
29 were suppose to be locked up for ten days after biting a person so she was surprised there had
30 only been two days between the incidents. She also asked what was being done at this time to
31 keep the dog from biting other people.
32
33 Acting Mayor Trude asked if Ms. O'Brien had changed her walking patterns since the incident.
34 Ms. O'Brien stated she now carries mace on her when she is out walking. She would like to see
35 the dog either removed from the City or put down.
36
37 Motion by Councilmember Jacobson, seconded by Councilmember Bukkila, to Approve
38 Resolution R058 -11 Declaring a Dog Owned by Barry and Shelly Larkin, 15571 Potawatomi
39 Street NW, as a Dangerous Dog Pursuit to City Code Title 5, Chapter 1, Section 5- 1A -11, based
40 on the information provided to the City Council and the testimony presented. The motion carried
41 unanimously.
42
43 Acting Mayor Trude stated the Council needed to consider the resolution requesting abatement of
44 the dog. She clarified if the City required abatement the owner would be able to decide between
Regular Andover City Council Meeting
Minutes —August 4, 2011
Page 5
removing the dog from the City or having the dog put down.
2
3 City Attorney Baumgartner stated there is a difference between declaring a dog a nuisance dog
4 and declaring the dog a dangerous dog. If the dog is declared a dangerous dog then the City
5 could require the dog have a microchip and the owners have the required insurance. The City has
6 declared this dog a dangerous dog so the options for abatement would be limited to removing the
7 dog from the City or having it put down.
9 Motion by Councilmember Jacobson, Seconded by Councilmember Knight, to Approve
10 Resolution R059 -11 Requiring Abatement for a Dog Owned by Barry and Shelly Larkin, 15571
11 Potawatomi Street NW, Pursuant to City Code Title 5, Chapter 1, Section 54A -17 based on the
12 finding this is a Dangerous Dog, testimony presented and the staff report.
13
14 Acting Mayor Trade stated she would support this motion due to the nature of the injuries
15 received. She stated during the summer there are a lot of kids in the City streets and they should
16 not have to worry about being bitten.
17
18 Councilmember Knight asked if this was a trained hunting dog. Ms. Larkin stated Brandy is 6
19 years -old and was a hunting dog, but is deaf now so she no longer hunts.
20
21 The motion carried unanimously.
22
23 Acting Mayor Trade stated staff would talk with Ms. Larkin and explain the next steps. She
24 encouraged those residents that have either received a letter regarding their dog or had concern
25 about a dog to contact City Hall.
26
27
28 CONSIDER AWARDING BID /11 -2a, FLINTWOOD ST. NW /11 -24, BUTTERNUT ST. NW,
29 173RD AVE. NW & FLINTWOOD ST. NW /11 -11, ANDOVER STA TIONNOR THBALL FIELD
30 PARKING LOT EXPANSION
31
32 Director of Public Works /City Engineer Berkowitz stated the City Council is requested to receive
33 bids and consider awarding of the contract for the Projects 11 -2a, Flintwood St. NW/11 -24,
34 Butternut St. NW, 173rd Ave. NW /11 -11, Andover Station North Ball Field Parking Lot
35 expansion. He reviewed the staff report with the Council and explained the increased costs were
36 due to a design change in using concrete pipe versus corrugated pipe and the increase in
37 bituminous costs.
38
39 Acting Mayor Trade asked if the bids received included concrete pipe or corrugated pipe.
40 Director of Public Works /City Engineer Berkowitz stated the bids are for concrete pipe but the
41 feasibility report and engineer's estimate were for corrugated pipe. The design change is due to
42 recent problems the City has had with the corrugated pipe giving way, similar to what happened
43 on Nightingale Street.
44
Regular Andover City Council Meeting
Minutes —August 4, 2011
Page 6
1 Councilmember Jacobson asked how much of the increase would be the result of the change in
2 the pipe. Director of Public Works /City Engineer Berkowitz stated about $15,000 of the increase
3 would be the change in the pipe material. Staff is anticipating the assessment rate would still be
4 the same as what was presented in the feasibility report.
6 Councilmember Bukkila asked if the price was more than it would have been if the project had
7 been bid in the early spring. Director of Public Works /City Engineer Berkowitz stated the City
8 does prefer to bid projects in early spring. He stated he would have concerns with rebidding the
9 project at this time. It would take 4 -6 weeks for the process to be completed and the project may
10 not be completed this year. He also stated if the project is rebid it is possible the prices could
11 increase more.
12
13 Councilmember Jacobson stated the increase was approximately $40,000, including $15,000 for
14 concrete pipe and $25,000 for the increased costs of bituminous. He asked how these increases
15 would be assessed. Director of Public Works /City Engineer Berkowitz stated each project would
16 be assessed differently based on the City's assessment policy and the project that was being done.
17 The expansion of the parking lot is not assessable. This would be an approximate $400 increase
18 in the assessment amount. He explained there is a potential for the assessment amounts to
19 exceed those presented in the feasibility report. Staff would work to keep the overall costs down.
20
21 Acting Mayor Trude clarified the City's assessment policy allowed for an increase of less than
22 5% without holding a new hearing.
23
24 Director of Public Works /City Engineer Berkowitz stated the increase is more than 5% but it is
25 anticipated once all the costs have been included the rate will be in line with what was presented
26 with the feasibility report.
27
28 Councilmember Jacobson asked if staff would be able to talk with the contractor to find ways to
29 lessen the costs. Director of Public Works /City Engineer Berkowitz explained the materials and
30 specifications for the project could not be changed unless the project was rebid because if the
31 specifications were changed then other bidders should have the opportunity to bid on the new
32 project specifications. Staff would be exercising value engineering within the range of the
33 current project specifications.
34
35 City Administrator Dickinson clarified the construction costs are just a portion of the amount that
36 will be assessed and the City will have more control over the other costs. The City will continue
37 to find opportunities to reduce the cost.
38
39 Acting Mayor Trude clarified staff would like to have approval for the lowest bid and will work
40 on bringing the assessment amount within 5% of the amount presented with the feasibility report.
41
42
43 Director of Public Works /City Engineer Berkowitz stated staff is not expecting to increase the
44 assessment amount presented.
Regular Andover City Council Meeting
Minutes —August 4, 2011
Page 7
Acting Mayor Trude asked if there was consensus among the Council to move forward with the
bid package and make a decision regarding the assessment amount at a future meeting.
Councilmember Jacobson stated if the assessment amount is 5% or more than what was
presented in the feasibility report then the residents need to informed and have the opportunity to
address the Council but if it is less than 5% then it is the City's discretion to increase the
assessment amount.
9 Councilmember Knight stated the other option would be to stay with the amount presented in the
10 feasibility report.
11
12 Motion by Councilmember Jacobson to Award Bid/11 -2a, Flintwood St. NW/11 -24, Butternut
13 St. NW, 173`d Avenue NW & Flintwood St. NW /11 -11, Andover Station North Ball Field
14 Parking Lot Expansion with the Understanding Staff Will Work on Value Engineering to Lower
15 the Project Costs to be as Close to the Assessment Amount Presented in the Feasibility Report as
16 Possible.
17
18 Acting Mayor Trude suggested keeping the increase in the assessment amount to no more than
19 4% than what was presented in the feasibility report. City Administrator Dickinson clarified staff
20 is recommending staying with the assessment amount presented in the feasibility report.
21
22 Motion by Councilmember Jacobson, seconded by Councilmember Knight to Award Bid/11 -2a,
23 Flintwood St. NW /11 -24, Butternut St. NW, 173`d Avenue NW & Flintwood St. NW /11 -11,
24 Andover Station North Ball Field Parking Lot Expansion with the understanding Staff will work
25 on value engineering to lower the project costs to no more than 4% over the assessment amount
26 presented in the feasibility report. The motion carried unanimously. (See Resolution R061 -11)
27
28
29 SCHEDULE EDA MEETING
30
31 Mr. Dickinson requested the Council schedule an Economic Development Authority (EDA)
32 meeting to discuss topics as detailed in the staff report.
33
34 Motion by Councilmember Jacobson, Seconded by Councilmember Knight, to schedule a EDA
35 Meeting on August 16, 2011, at 6:00 p.m. Motion carried unanimously.
36
37
38 ADMINISTRATOR REPORT
39
40 City Administrator Dickinson updated the Council on the administration and city department
41 activities, negotiations on EDA items, the rainfall and water issues within the City and legislative
42 updates. The September 12, 2011 meeting that was scheduled with the City of Anoka would
43 need to be rescheduled to November.
44
Regular Andover City Council Meeting
Minutes — August 4, 2011
Page 8
City Administrator Dickinson reviewed the sign project the Community Development
Department is working on and the single - family rental licensing. The Night to Unite was on
August 2 and there were several community gatherings attended by the Sheriff's Office and Fire
Department. The Sheriff's Report showed a surge in burglaries, a majority showed there had
been an unlocked access point.
7 Director of Public Works /City Engineer Berkowitz stated the City receives 20+ calls a day
8 pertaining to water in backyards and basements. He clarified the drainage and utility easement
9 areas and encouraged people to install sump pumps.
10
11 Councilmember Knight asked if the City had any reports of wind and tree damage from the last
12 storm. Director of Public Works /City Engineer Berkowitz stated the northwest corner of the City
13 did have some tree damage and the City is working on this.
14
15
16 MAYOR/COUNCIL INPUT
17
18 (North Woods Preserve) — Acting Mayor Trade stated she had gone to the area she believed the
19 entrance point for the North Woods Preserve to be but she was not able to locate it. She
20 requested there be information on the City's website so that residents would know where the
21 access point is. She also requested the Council have detailed information on the access point so
22 that this can be communicated with residents.
23
24 (City Council Vacancy) — Acting Mayor Trade stated Councilmember Jacobson would be
25 resigning and there would be an opening on the City Council. She outlined the process the City
26 would follow to fill the vacancy including advertising and interviewing.
27
28 City Administrator Dickinson clarified the process had been reviewed by City Attorney
29 Baumgartner.
30
31 Councilmember Jacobson encouraged the City to do its due diligence when filling the open
32 position to ensure the best fit for the City.
33
34 Acting Mayor Trade suggested the City advertise on the website and use the City Council
35 meetings as an opportunity to let residents know.
36
37 Councilmember Knight suggested the open position be announced on the front page of the
38 upcoming Andover Newsletter.
39
40 (City Hall Sign) — Acting Mayor Trade stated the new sign in front of City Hall looks nice. She
41 would like to see it used to announce more meetings and possibly events at the Community
42 Center such as open gym times.
43
44 Motion by Councilmember Jacobson, Seconded by Councilmember Knight, to adjourn. Motion
2
Regular Andover City Council Meeting
Minutes — August 4, 2011
Page 9
carried unanimously. The meeting adjourned at 8:24 p.m.
Respectfully submitted,
Tina Borg, Recording Secretary
Regular Andover City Council Meeting
Minutes —August 4, 2011
Page 10
REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — AUGUST 4, 2011
TABLE OF CONTENTS
PLEDGEOF ALLEGIANCE .......................................................................... ............................... i
RESIDENTFORUM ....................................................................................... ............................... 1
AGENDAAPPROVAL ................................................................................... ............................... 1
APPROVALOF MINUTES ............................................................................ ............................... 1
CONSENTITEMS .......................................................................................... ............................... 2
Item 2 Approve Payment of Claims .......................................................... ............................... 2
Item 3 Resolution to Deny Conditional Use Permit/Outdoor Storage /ABC Mini
Storage /13624 Hanson Boulevard NW (See Resolution R054- 11) ..... ............................... 2
Item 5 Approve Massage Therapy License /City Chiropractic & Massage .............................. 2
Item 6 Approve Name for Open Space Site/North Woods Preserve ........ ............................... 2
Item 7 Approve Dental Renewal and Employer Contribution .................. ............................... 2
Item 7A Approve the acceptance of a Contribution from the Andover Football Association for
the Andover Dog Park (See Resolution R060- 11) ............................... ............................... 2
Item 7B Approve the Quote for the Building A (Large Garage) Floor Sealants ........................ 2
CONSIDER DECLARING DANGEROUS DOG /15571 POTAWATOMI ST. NW (See
ResolutionsR058 -11 & R059- 11) ............................................................... ............................... 2
CONSIDER AWARDING BID /11 -2a, FLINTWOOD ST. NW /11 -24, BUTTERNUT ST. NW,
173RD AVE. NW & FLINTWOOD ST. NW /11 -11, ANDOVER STATION NORTH BALL
FIELD PARKING LOT EXPANSION (See Resolution R061 -11) ............ ............................... 5
SCHEDULEEDA MEETING ......................................................................... ............................... 7
ADMINISTRATORREPORT ........................................................................ ............................... 7
MAYOR/COUNCIL INPUT ........................................................................... ............................... 8
(North Woods Preserve) .............................................................................. ............................... 8
(City Council Vacancy) ................................................................................ ............................... 8
(City Hall Sign) ............................................................................................ ............................... 8
A
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.AN DOVER. MN.US
TO: Mayor and Councilmembers
CC: Jim Dickinson, City Administrator / Finance Direct
FROM: Melissa Knutson, Accountant
SUBJECT: Payment of Claims
DATE: August 16, 2011
INTRODUCTION
Attached are disbursement edit lists for claims related to the on going business of the City of Andover.
d
Claims totaling $208,957.23 on disbursement edit list #1- 3 from 08/03/11 — 08/12/11 have been issued and
released.
Claims totaling $481,398.94 on disbursement edit list #4 dated 08/16/11 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 $690,356.17. Please note
that Council Meeting minutes will be used as documented approval.
Respectfully submitted,
Melissa Knutson
Attachments: Edit Lists
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1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV
TO: Mayor and Council Members
CC: Jim Dickinson, City Admini
FROM: David D. Berkowitz, Director of Publicorks /City Engineer b
SUBJECT: Accept Feasibility Report/Waive Public Hearing/Order Plans & Specs /11- 16/Rosella
Sonsteby Property /SS & WM Extension - Engineering
DATE: August 16, 2011
INTRODUCTION
This item is in regards to approving the resolution accepting the feasibility report, waiving public hearing
and ordering the plans and specification for Project 11 -16, Rosella Sonsteby Property for sanitary sewer
and water main extension.
DISCUSSION
The property owner petitioned the City to prepare a feasibility report that would identify options on how to
serve sanitary sewer and municipal water to the property at 14259 Bunker Lake Boulevard NW. The
feasibility report has been prepared and is included in the pocket of your City Council packet for review.
The detail of each option is presented in the report.
During preparation of this feasibility report staff worked closely with the property owner and explained in
detail the several options that are available to extend utilities to the property. All options were clearly
explained in the report and directly to the property owner.
The owner has selected Option 2A. This option includes constructing the sanitary sewer and water main
along the north side of Bunker Lake Boulevard NW from just west of Blackfoot Street NW approximately
1,500 feet to the west. A crossing will be constructed at the end of the line to serve the portion of the
property south of Bunker Lake Boulevard NW. The project will be constructed with the planned 2012
reconstruction project for Bunker Lake Boulevard NW. Attached is the written statement from Rosella
Sonteby and her Power of Attorney, Shirley McDonald stating their intent.
BUDGETIMPACT
If the project is approved to move forward the improvement costs for Option 2A ($273,000) would be
assessed to the property owner over an 8 or 10 year period. The petitioner has expressed the desire to have
the assessment period extend out to at least 15 years.
ACTION REQUIRED
The City Council is requested to approve the resolution accepting the feasibility report, waiving the public
hearing and ordering the Plans & Specification for Project 11 -16, Rosella Sonsteby Property for sanitary
sewer and water main extension.
Mayor and Council Members
August 16, 2011
Page 2 of 2
Respectfully submitted,
(� DICW4�0 t -TS
David D. Berkowitz
Attachments: Resolution, Waiver & Feasibility Report (located in side pocket of packet)
cc: Rosella Sonsteby, 4151 - 141st Avenue NW, Anoka, MN 55304
Shirley McDonald, 26812 Hwy. 57, Priest River, ID 83856
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember
to adopt the following:
A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC
HEARING AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS
FOR THE IMPROVEMENT OF PROJECT NO. 11 -16 FOR SANITARY
SEWER & WATER MAIN EXTENSION IN THE FOLLOWING AREA OF
ROSELLA SONSTEBY PROPERTY (14259 Bunker Lake Boulevard NW).
WHEREAS, the City Council did on the 15th day of February. 2011 order
the preparation of a feasibility study for the improvement; and
WHEREAS, such feasibility study was prepared by the City Engineer and
presented to the Council on the 16th day of August , 2011: and
WHEREAS, the property owners have waived the right to a Public Hearing;
and
WHEREAS, the City Council has reviewed the feasibility study and declares
the improvement feasible, for an estimated cost of $ 273.000.00 .
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby receive the feasibility report with an estimated total cost of
improvements of $ 273,000.00 waive the Public Hearing and order
improvements.
BE IT FURTHER RESOLVED by the City Council to hereby direct the City
Engineer to prepare the plans and specifications for such improvement project.
MOTION seconded by Councilmember and adopted by the
City Council at a regular meeting this 16th day of August, 2011 , with
Councilmembers
in favor of the resolution, and Councilmembers
voting
voting against, whereupon said resolution was declared passed.
ATTEST:
Michelle Hartner — Deputy City Clerk
CITY OF ANDOVER
Michael R. Gamache - Mayor
To: David D. Berkowitz
Fax number: 763 - 755 -8923
City of Andover City Engineer Department
Date: 8/8/2011
A facsimile from
SHIRLEY MCDONALD
26812 Hwy 57
Priest River, Idaho 83856
Tel. 208 - 443 -2524
Fax. 208 - 443 -2448
e -mail
logger @logger@gotsky.com
From the desk of Shirley McDonald
Regarding: Response on Rosella Sonsteby Property, sewer and water extension on
City Project 1 -16
I, Rosella Sonsteby, have chosen Option 2A: North side of Bunker Lake
Boulevard in regards to City Project 11 -16.
Therefor, I am willing to waive the public hearing so that the project can
proceed on schedule.
Property Owner Power of Atiorney, /
RoselIa Sonsteby Shirl McDonald 99/07! //
Address: 4151 -141 Ave. NW
Andover, MN 55303
Phone: (763) 421 -4683
�-d 9ttZ£bb80Z
26812 Highway 57
Priest River, ID 83856
(208) 443 -2524
MVN0a31/q Al ]� 1 HS eL£ 90 L L 80 6ny
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 Adminis
FROM: Dana Peitso, Human Resources
SUBJECT:
Approve- Agent/Broker of Reco
DATE: August 16, 2011
'rogram
The City currently uses a Broker /Agent of Record to assist the City in working with/negotiating with
various Insurance agencies for the City's employee benefit programs. A Request for Proposals (RFP) was
authorized on June 7, 2011, with proposals due July 1, 2011.
DISCUSSION
The RFP was advertised at the League of Minnesota Cities and the Human Resources Department sent the
RFP specifically to 10 agencies recommended by other City Human Resource Managers/Directors in
addition to our current broker Johnson McCann Benefits, LLC. The City of Andover received 5
responses and chose to speak with 3 organizations.
The Human Resources Department wanted an Agent/Broker of Record that could provide leverage for
better renewal rates, provide a personalize service and be cognizant of current/future market trends and
solutions for the future. Companies such as C -Biz and Gallagher Benefit Services were interviewed due
to their size and their greater market appeal; however, both groups are so large that the Human Resources
Department does not feel the personalized service would be available. Other small groups such as A.T.
Group and Financial Concepts were interviewed and while they offer more personalized service, Johnson
McCann Benefits has other resources available such as Human Resources & Legal Support.
The Human Resources department recommends staying with the current Agent/Broker of Record Johnson
McCann Benefits, LLC. Johnson McCann Benefits currently provides comprehensive employee
benefits to more than 1,000 organizations, so they have competitive market appeal to the large carriers,
yet they are small enough to work directly with the City and its employees. In addition, Johnson- McCann
Benefits were on the leading edge of trends back in 2001 when they first started providing the City with
information on Consumer Driven Health Plans, similar to the HSA currently in place.
BUDGET IMPACT
None. Commissions on our Benefits provided pay this.
The Andover City Council is requested to approve Johnson McCann Benefits, LLC, as its Agent/Broker
of record for employee benefits.
Respectfully submitted,
/"
-4, Z �
Dana Peitso
1
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO: Mayor & Councilmembers
FROM: Jim Dickinson, City Administrator
CC: Andover Economic Development Authority
SUBJECT: Approve Resolution Relating to Tax Increment Financing Districts 1 -1 and 1 -2
DATE: August 16, 2011
INTRODUCTION
As the City reaches the decertification dates of TIF District 1 -1 and 1 -2, City Administration
would like to do some basic "housekeeping" to assure that the decertification and final close out
reports for the TIF Districts goes smoothly.
DISCUSSION
A number of years ago (and Finance Directors ago), the budgets that were adopted for the TIF
districts were under the true "pooling" concept, where the budget was not allocated by district,
but by projects. Subsequent to the adoptions of those budgets, the Office of the State Auditor
(OSA) started requiring the allocation by District instead of project. In response to that OSA
requirement, the City in November 2009 processed a formal adoption of a budget modification to
allocate and confirm the budgets according the new OSA requirement. The 2009 TIF reports
were filed and met the OSA requirements.
In 2010, the OSA again has changed the future TIF District reporting. The new requirements
start with the 2010 TIF reports, which are to be submitted in August of 2011. In response to the
new requirements City Administration would again like to do some basic housekeeping to assure
that the decertification and final close out reports for the TIF Districts goes smoothly and is
requesting the City Council approve the attached resolution.
The primary purpose of the attached resolution is to assist in clarifying the City's intent for and
understanding of the presence of land sale proceeds received by the City for land that was
purchased prior to June 30, 1997 which do not constitute tax increments and other sums
(revenues) not constituting tax increments (Non -TIF Funds) per Minnesota Statutes.
In summary the resolution is stating Non -TIF Funds were present in the TIF 1 -1 and TIF 1 -2
Funds since July 31, 2001 to cash flow the activities of those funds (Interfund Loan). The Non -
TIF Funds are transferred out of the TIF 1 -1 and TIF 1 -2 Funds as tax increment is available.
The City as part of the annual budget process has coordinated the appropriate transfers.
City Staff has discussed the aforementioned resolution with Ehlers and Associates (fiscal
advisor) and Briggs and Morgan (bond and TIF legal counsel) and both are in agreement with the
process and recommend approval of the attached resolution.
ACTION REQUESTED
Approve the attached Resolution Relating to Tax Increment Financing Districts No. 1 -1 and Tax
Increment Financing District No. 1-2.
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RESOLUTION
RESOLUTION RELATING TO TAX INCREMENT FINANCING DISTRICT
NO. 1 -1 AND TAX INCREMENT FINANCING DISTRICT NO. 1 -2
WHEREAS, the City Council of the City of Andover previously established Tax
Increment Financing District No. 1 -1 ( "TIF 1 -1 ") and Tax Increment Financing District No. 1 -2
("TIF 1 -2 ") and established funds in connection therewith (the "TIF 1 -1 and TIF 1 -2 Fund ");
WHEREAS, the City has deposited $2,500,000 of land sale proceeds received by the City
for land that was purchased prior to June 30, 1997 which do not constitute tax increments and
other sums not constituting tax increments under Minnesota Statutes, Section 469.174, Subd. 25
(collectively the "Non -TIF Funds ") in the TIF 1 -1 Fund and the TIF 1 -2 Fund.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ANDOVER, MINNESOTA, as follows:
1. The deposit of $2,500,000 of Non -TIF Funds which occurred after July 31, 2001
is hereby ratified as an interfund loan (the " Interfund Loan") as of the date of such deposit.
2. The Interfund Loan shall bear no interest.
3. The Interfund Loan shall be repaid on or before December 31 of each year to the
extent that there are available tax increments from TIF 1 -1 and TIF 1 -2 for such purpose.
The foregoing resolution was adopted by the Andover City Council this 16th day of
August, 2011.
Attested:
City Clerk
4150083v1
Mayor
IT Y OF
[DOVE.
1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO:
CC:
FROM:
SUBJECT:
DATE:
Mayor and City Council
Jim Dickinson, City Administrat(
Michelle Harmer, Deputy City C]
Consider On -Sale Intoxicating Liquor & Sunday Licenses/Pappy's Cafe
August 16, 2011
INTRODUCTION
Michael Blood has applied for an On -Sale Intoxicating Liquor license and Sunday license
for Pappy's Cafe located at 13827 Round Lake Boulevard NW.
Michael Blood, owner of Pappy's Cafe has applied for an On -Sale Intoxicating Liquor
and Sunday licenses and paid the appropriate fees.
City Code 3 -1B -6 On -Sale Licenses require establishments be able to serve at least 100
guests at a time. Pappy's Cafe floor plan indicates seating for 106 guests. Pappy's will
be expanding into the space next to them, formally Andover Physical Therapy.
Community Development has verified all code requirements have been met.
The Sheriff's Office has completed their background investigation.
ACTION REQUIRED
The City Council is requested to consider approval of the On -Sale Intoxicating and
Sunday licenses for Michael Blood, owner of Pappy's Cafe. The City Council is
requested to approve the above licenses for the period of November 1, 2011 through
December 31, 2011.
Ressppectfully submitted,
�
IY 1.
Michelle Hartner
Deputy City Clerk
Attach: License Application
Sheriff's Letter
Pappy's Cafe floor plan
07/01/2011 11:11 7637558923 CITY OF ANDOVER PAGE 04/11
1685 CROSSTOWN BOULEVARD N.W. a ANDOVER, MINNESOTA 55304 0 (763) 755 -5100
FAX (763) 755 -8923 a WWW.ANDOVERMN.GOV
ON -SALE INTOXICATING LIQUOR LICENSE APPLICATION
False Information Prohibited: No person shall make a false statement or
material omission in a license application. Any false statement or material
omission shall be grounds for denying or revoking a license.
In answering the following questions, "Applicants" shall be governed as
follows: For a Corporation, one officer shall execute this application for all
officers, directors, and stockholders. For a Partnership, one of the "Applicants"
shall execute this application for all members of the partnership.
EVERY QUESTION MUST BE ANSWERED
1. I, TV) tr /Nam
for and on behalf of
ee/ a� Q4e �- I m,��,(w
hereby apply for an On -Sale
Intoxicatin Liquor Li ense to be located
at j! ! $2V t)tJD -e. ( )Vb , City of Andover, County of Anoka,
State of "Minnesota, in accordance with the provisions of Minnesota
Statues, Chapter 340. commencing 11 ' ] 20 A�_ and
ending T , 20
2. Applicant's date of birth
Birthdates of Partners
or
Officers of Corporation
3. Applicant's Phone Number
4. The residence for each of the applicants named herein for the past five
years is as follows:
LVA0'9\00f —
5. Is the applicant a citizen of the United States? iggo If naturalized,
state date and place of naturalization:
If a corporation or partnership, state citizenship of all officers or partners
07/01/2011 11:11 7637558923 CITY OF ANDOVER PAGE 05/11
6. The person who executes this application shall give spouse's full name
and address.
Sc9N,3>2A- Gn-- Jr-- ►.00�
7. What occupations have applicant and associates in this application
f owed in the past five years?
�S�aulL�rr'e ®w �t ^Ca0 °- -SpAeS
6. If a partnership, state name and address of each member of partnership.
If a corporation:
Date of incorporation: i—tiit—t D
State in which incorporated:
Amount of authorized ca pitalization: —r��
Amount of paid capital:
If a subsidiary of another corporation, so state:
Name and address of all officers, directors, and stockholders, and the
number of shares het by each: n _
-y-ii" do
If incorporated under the laws of another state, is corporation authorized
to do business in this state: Number of certificate of
authority:
9. On what flo r is the e:
MA t N Unly t
located, or to be located?
10. D scribe the premises to be licensed.
vc4aii aAri-� P TP u etLA; I N &AP-Io VYl4,1 t
07/01/2011 11:11 7637558923 CITY OF ANDOVER PAGE
11. Is the establishment located near an academy, college, university, church,
elementary, middle school or high school? (-�S
State approximate distance of the establishment from such school or
church:
12. Give name and address of owner of building establishment is to be
in.
J'e.-
owner of building any connection, directly or indirectly, with applicant?
13. Are the taxes on the above mentioned property delinquent?
In accordance with City Code Title 3, no license shall be granted for
operation or renewal on any premises on which taxes, assessment or
other financial claims of the City are delinquent and unpaid.
14. State whether applicant or any of his associates in this application have
ever had an applic tion for a liquor license rejected by any municipality or
state authority.
If so, give date and details:
15. Has the applicant or any of his associates in this application during the
five years immediately preceding this application ever had a license under
the Minnesota Liquor Control Act revoked for any violation of such laws or
local ordinances?
If so, give date and details:
16. State whether applicant or any of his associates in this application during
the past five years were ever convicted of any law violations or any crime
in this state or any other state or under Federal Laws.
If so,, give date and details: Wci
17. State whether any person, other than applicants, has the right, title or
interest in the furniture, fixtures or equipment in the premises for which
license is applied; and, if so, give name and details:
06/11
07/01/2011 11:11 7637558923 CITY OF ANDOVER PAGE 07/11
18. Is the applicant or any of his associates in this application a member of
the City Council in the municipality where this license is be issued?
N&
If applicant for license is the spouse of a member of the governing body or
where other family relationship exists, such member shall not vote on this
application. Na
19. Have applicants any interest whatsoever, directly or indirectly, in any other
liquor establishment in the State of Minnesota?
to
Furnish the name and address of at least three business references,
including one bank reference:
IZARIULMR
-Z'IIM
l -fcxAR
21. What is the seating capacity of this establishment?
22. During what hours will food be available?
Ate— toRrr,
23. S$at@ the name of
,person who will operate the restaurant.
24. State the.name of the�erson who will operate the bar.
25. State the number of people the restaurant will employ.
Na, , 'Z-5'
26. Will food service be the principal business of this establishment?
SA. eS
27. SAW trade name tg.,be used.
28. If this restaurant is in conjunction with any other business (such as resort,
etc.) describe such business.
07/0112MI 11;11 /b:3=d'JL.i 4117 Ur F"VUvr-M rs-tcac Vo /ib
29. Now many years has this business been in operation under this
ownership ?
30. I]oes applicant intend to sell intoxicating liquor to other than the
consumer? N -
31. How many months of the year will this establishment be open?
14L_
32. Applicant and his associates in this application will strictly comply with all
the laws of the State of Minnesota governing the taxation and sale of
intoxicating liquor, rules and regulations, promulgated by the Liquor
Control Commissioner, and all laws of the country, and I hereby certify
that I have read the foregoing questions and that the answers to said
questions are true to my knowledge.
33. Prior to consideration of the application an investigation shall be made by
the county sherifrs department of all persons listed on the license
application.
.. Fees
Surifty Lioddr, - - $200.00 License #.
by City doUncif: Appyoved -Denied. Date:
_
O
07/01/2011 11:11
4mlitlnn rirtemmn.m
7637558923
CITY OF ANDOVER
Minnesota lacpartment of Public Safety
Alcobol and Gambling ;Enforcement Division (AGED)
444 Cedar Street, Suite 222, St. Paul. mN 55101 -5133
Telephone 651 -201 -7507 Fae651. 297 -5259 TTY 651-282-6555
PAGE 02/11
Certification of an On Sale Liquor I icenae, 3.2% LipuOr license or $undav Liquor )vieense
Cities and Counties: You are required bylaw to complete and sign this form to certify the issuance of the following liquor
license types: 1) City issued on sale intoxicating and Sunday liquor licenses
2) City and County issued 3.2% on and off sale malt liquor licenses
Name of City or County issuing Liquor License AA 1C- _ License Period From: 1 I — I —I I 10: 73 J ° 11l
Circle One: ew Lirense"j License Transfer Suspension Revocation Cancel
(fprmer licensee name) (Give dates)
License type: (circle all that apply) nn Sam Sunday Liquor 3.2% On sale 3.2% Off Sale
Pee(s): On Sale License fee:$_ah�.lspSunday License fee: $ j • 0-D 3.2% On sale fee: $ 3.2 % Ox's' Sale fee:
Licensee Name( ;e�sl 81 ®�a �+ �t lAveat)V 006— Social Security h# _
(eDrporation, pmInership, ,T C, or individual)
Business Trade Nalnc S Business Address 13TAI &VD L ,® ( Ity �oaa1� a�tL� o`F
Zip Codc County.NJOVL Business Pholte7PAR -421 °��'�,� home Pltone. - -_
Home Address City_ Licensee's MN Tax 1D 01415519 `1 _
(To Apply call 654296 -6181)
Licensee's Federal Tax ID ei6oOW
(-r'o apply w11 1R5 800.829 -4933)
If above named licensee is a corporation, partnership, or LLC, complete the following for each partner/Officer: - -
tilz�A�.l -
Partner /Of leer Nnme (first Middle Lost) DOB Social Security 0 Home Addrese
(Partner/O Meer Name (First Middie Last) DOB Social Security 9 Home Address
Partner /OPTcer Name (First Middle Last) DOB Social Security # s Horne Address
intoxicating liquor licensees must attach a certificate of Liquor Liability Insurance to this form. The insurance certi'.(icatc
must contain all of the following:.
1) Show the exact licensee name (corporation, partnership, LLC, etc) and business address as shown on the license.
2) Cover completely the license period set by the local city or county licensing authority as shown on the license.
Circle One: (Yes No) Dufilig the past year has a summons been issued to the licensee tinder the Civil Liquor Liability Law?
Workers Compensation insurance is also required by all licensees: Please complete the following:
Workers Compensations insurance Company Name 4 Ev ' tf&s .-Firs- Policy �-l�SO - 3$x11`(11115`{ .-v -l8
r Certify that this license(s) has been approved in an official meeting by-the governing Body cf the city or county.
City.Clerk or County Auditor Signature (ti i,)ate
tle)
On Sale Intoxicating quor licensees mast also purchase a $20 Retailer Buyers Card, To obtain the
application for the ]Buyers Card, please call 6151 - 201-7504, or visit our website at wwty.d»s.state.mn.ns.
(Form 9011-12/09)
July 19, 2011
Michelle llartner
City of Andover
1685 Crosstown Blvd N.W.
Andover, MN 55304
Anoka County
Sheriff James Stuart
13301 Henson Boulerard NIII Andorer, ;t1 \, 55304-4009(763),)23-5000 Fax (763)122 -7,503
ILL. On -Sale Intoxicating Liquor License Application for Puppy's Cafe.
Dear Ms. Hartner:
I received the attached On -Sale Intoxicating Liquor License Application regarding the above. As
you requested, a criminal background investigation was conducted on the following
individual(s): t
Michael Elmo Blood
Certification by the Anoka County Sheriffs Office
This is to certify that to the best of my knowledge the above -named individual has not been convicted
within the past five years of any violation of laws of the State of Minnesota, or Municipal Ordinances
relating to the sale of non - intoxicating malt liquor or intoxicating liquors except as herein stated:
No records found.
In the event it is determined that a criminal background search is needed on other associates of the
business entity, please provide me with the individual's complete name (first. middle, and last names),
along with his /her date of birth. Please note that the above -named individuals may have other - reported
incidents that do not include the sale of non - intoxicating malt liquor or intoxicating liquors.
Sincerely,
S� r. _;1Z
Sergeant Andy Knotz
Affirmative Action r Equal Cepc.nur•,Ie Employer
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(:D
1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 . (763) 755 -5100
FAX (763) 755 -8923 . WWW. CLAN DOVER. MN. US
TO: Mayor and City Council
CC: Jim Dickinson, City Administrat(
FROM
Michelle Hartner, Deputy City C-
SUBJECT: Consider Approval Application for Exempt Permit/Andover Lions Club
DATE: August 16, 2011
INTRODUCTION
Andover Lions Club has submitted an application for a raffle for an event on September
30, 2011 to be held at the Courtyards of Andover, 13545 Martin Street NW.
DISCUSSION
Council can either a) approve the application with no waiting period; b) approve the
application with a 30 day waiting period; or c) deny the application.
ACTION REQUIRED
The City Council is requested to consider approval of the application with no waiting
period.
Respectfully submitted,
Michelle Hartner
Deputy City Clerk
Attach: Application
Minnesota Lawful Gamblina
Page 1 of 2 5111
LG220 Application for Exempt Permit
Application fee
Ifapplication ostmark d or received:
less than 30 days
ore than 30 days
An exempt permit may be issued to a nonprofit organization that:
- conducts lawful gambling on five or fewer days, and
before the event
before the event
- awards less than $50,000 in prizes during a calendar year.
$100
$50
ORGANIZATION INFORMATION Check# $
Organization name
Previous gambling permit number
Andover Lions Club
X -02254
Minnesota tax ID number, if any
Federal employer ID number, if any
Type of nonprofit organization. one.
Check
Fraternal r Religious Veterans Other nonprofit organization
Mailing address City State Zip Code County
16185 Verdin Street NW Andover Mn 55304 Anoka
Name of chief executive officer (CEO) Daytime phone number Email address
Doug Rising 763- 323 -1239 djrhobbs @aol.com
Attach a copy oW E of the following for proof of nonprofit status.
Do not attach a sales tax exempt status or federal employer ID number as they are not proof of nonprofit status.
�-,2 S- {' Rs�F ��v � �U SLy s��, t�• -�--, �'r'i'� '`a C� (�.m-t� i_�
�lonprofit Articles of Incorporation OR a current Certificate of Good Standing .
Don't have a copy? This certificate must be obtained each year from:
Secretary of State, Business Services Div., 180 State Office Building, St. Paul, MN 55155
Phone: 651- 296 -2803
FIRS income tax exemption (501(c)] letter in your organization's name.
Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer
contact the IRS at 877 -829 -5500.
FIRS
- Affiliate of national, statewide, or international parent nonprofit organization (charter)
If your organization falls under a parent organization, attach copies of both of the following:
a. IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling, and
b. the charter or letter from your parent organization recognizing your organization as a subordinate.
GAMBLING PREMISES INFORMATION
Name of premises where the gambling event will be conducted. For raffles, list the site where the drawing will take place.
Courtyards at Andover
Address (do not use PO box) City or township Zip Code County
13545 Martin Street Andover 55304 Anoka
Date(s) of activity (for raffles, indicate the date of the drawing)
September 30, 2011
Check the box or boxes that indicate the type of gambling activity your organization will conduct:
Bingo* /r Raffles Paddlewheels* Pull -Tabs* Tipboards*
* Gambling equipment for pull -tabs, bingo paper, tipboards, and
paddlewheels must be obtained from a distributor licensed by the
Gambling Control Board. EXCEPTION: Bingo hard cards and
bingo number selection devices may be borrowed from another
organization authorized to conduct bingo.
To find a licensed distributor, go to www.gcb.state.mn.us and click
on List of Licensed Distributors, or call 651- 639 -4000.
61
k' 1)
LG220 Application for Exempt Permit
Page 2 of 2 6/11
LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT
If the gambling premises is within city limits,
If the gambling premises is located in a township, a
a city official must check the action that the city is
county official must check the action that the county is
taking on this application and sign the application.
taking on this application and sign the application.
A township official is not required to sign the
application.
_The application is acknowledged with no waiting
The application is acknowledged with no waiting
period.
period.
The application is acknowledged with a 30 day
The application is acknowledged with a 30 day
waiting period, and allows the Board to issue a
waiting period, and allows the Board to issue a
permit after 30 days.
permit after 30 days (60 days for a 1st class city),
The application is denied.
The application is denied.
Print county name
Print city name
On behalf of the county, I acknowledge this application.
Signature of county personnel receiving application
On behalf of the city, I acknowledge this application.
Signature of city personnel receiving application
Title Date
(Optional) TOWNSHIP: On behalf of the township, I
acknowledge that the organization is applying for exempted
Title Date
gambling activity within the township limits. [A township has no
statutory authority to approve or deny an application [Minnesota
Statute 349.166)]
Print township name
Signature of township official acknowledging application
Title Date
Print form and have CEO sign '
CHIEF EXECUTIVE OFFICER'S SIGNATURE
The information provided in this application is complete and-accurate to the best of my knowledge. I acknowledge
that the financial report will be completed and ned a Boardawithin 30 days of the date of our gambling
activity.
l �� e ')
Chief executive officer's signature —� _ C Date
Complete a separate application for each gambling event:
Financial report and recordkeeping
• one day of gambling activity
required
• two or more consecutive days of gambling activity
A financial report form and instructions will
• each day a raffle drawing is held
be sent with your permit, or use the online
fill -in form available at
Send application with:
www.gcb.state.mn.us. Within 30 days of the
• a copy of your proof of nonprofit status, and
activity date, complete and return the
• application fee for each event
financial report form to the Gambling
Make check payable to "State of Minnesota."
Control Board.
Questions?
To: Gambling Control Board
Call the Licensing Section of the Gambling
1711 West County Road B, Suite 300 South
Control Board at 651- 639 -4000.
Roseville, MN 55113
This form will be made available in alternative format (i.e. large print, Braille) upon request.
Data privacy notice: The information
requested on this form (and any
attachments) will be used by the Gambling
Control Board (Board) to determine your
organization's qualifications to be involved
in lawful gambling activities in Minnesota.
Your organization has the right to refuse to
supply the information; however, if your
organization refuses to supply this
information, the Board may not be able to
determine your organization's qualifications
and, as a consequence, may refuse to issue
a permit. If your organization supplies the
information requested, the Board will be
able to process your organization's
application.
Your organization's name and
address will be public information
when received by the Board. All
other information provided will be
private data about your
organization until the Board
issues the permit. When the
Board issues the permit, all
information provided will become
public. If the Board does not
issue a permit, all information
provided remains private, with the
exception of your organization's
name and address which will
remain public.
Private data about your organization are available
to: Board members, Board staff whose work
requires access to the information; Minnesota's
Department of Public Safety; Attorney General;
Commissioners of Administration, Minnesota
Management & Budget, and Revenue; Legislative
Auditor, national and international gambling
regulatory agencies; anyone pursuant to court
order; other individuals and agencies specifically
authorized by state or federal law to have access
to the information; individuals and agencies for
which law or legal order authorizes a new use or
sharing of information after this notice was given;
and anyone with your written consent.
Reset Form
ANLb 6 W ^
1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV
TO: Mayor and Councilmembers
CC: Jim Dickinson, City Administrator
FROM: Commander Kevin Halweg — Anoka C'Cuqj Sheriff's Office
SUBJECT: Anoka County Sheriffs Office Monthly Report - Sheriff
DATE: August 16, 2011
INTRODUCTION
Commander Kevin Halweg from the Anoka County Sheriffs Office will be present to provide
the Council and the citizens of Andover with an update on law enforcement activities within the
city. - - ' - __aL,_- __ _ . .
DISCUSSION
To be verbally presented.
ACTION REQUIRED
For Council information.
Respectfully submitted,
Commander Kevin Halweg
Anoka County Sheriff s Office
C I T Y O F
NDOVE
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755 -5100
FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV
TO: Mayor and Council T
CC: Jim Dickinson, City
FROM: David D. Berkowitz, Director of Public Works /City Engineer
SUBJECT: Update Woodland Estates Drainage Concerns /11- 32/2244 —149th Avenue NW
Engineering
DATE: August 16, 2011
INTRODUCTION
The City Council is requested to discuss drainage concerns in the Woodland Estates development and
direct staff on how to proceed with an approved option. A survey of the property was discussed with the
Council at the July 15' City Council meeting.
DISCUSSION
In response to the July 15th discussion, the City Council directed staff to meet with the Anoka Hennepin
School District and the residents affected by the drainage concerns in Woodland Estates to determine a
reasonable resolution. Staff met with the School District on July 26th to discuss an option to divert the
overflow storm water from the existing drainage and utility easement to an existing pond on the Andover
High School property. The school district is receptive to this alternative and stated that they would like to
be part of the solution and work as a good neighbor with the residents along 149th Avenue. If this option
is selected, an easement will be required over the existing school pond and the City will take maintenance
responsibilities over this part of the Andover High School storm water system.
A neighborhood meeting was held on August 4th with 4 out of 5 of the impacted properties with the absent
property owner submitting a letter which is attached. Also attached is the sign in sheet from the meeting.
Three options were presented. First option is to do nothing. Second option is to grade the yards to allow
for better drainage and the third option is to divert the overflow pipe from the ponding system to the
Andover High School pond. The third option was the preferred. A cost for option 3 has been estimated at
$16,250. Cost includes easement preparation and recording, design, administration and construction. A
survey map is attached that shows option 2 and option 3.
There was discussion about how this improvement would be funded. The residents indicated they thought
the City should contribute 50% of the project costs. The residents will be at the meeting to present their
rationale.
BUDGET IMPACT
Staff recommends this project be funded by the residents that benefit from the improvement. This can
either be paid up front or could be assessed to each property. If the direction is to assess this improvement
a feasibility report will need to be prepared and the 429 statute will need to be followed. This will add
time and additional costs to the project. Staff is requesting direction on how to proceed with funding.
Mayor and Council Members
August 16, 2011
Page 2 of 2
ACTION REQUIRED
The City Council is requested to direct staff on how to proceed with the Woodland Estates drainage
concerns.
Respectfully submitted,
cam.
David D. Berkowitz
Attach: Neighborhood Meeting Sign -In, Email /Letter from resident & Survey Map
cc: Joe & Colleen Kaufenberg, 2244 -149th Ave. NW, Andover
LarrySchroeder, 2260 —149th Ave. NW, Andover
Randy Grachek, 2288 —149th Ave. NW, Andover
Gordon Pietsch, 2228 —149th Ave., NW, Andover
Lowell & Cathy Reither, 2274 —149th Ave. NW, Andover
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Rhonda Anderson
From: Dave Berkowitz
Sent: Wednesday, August 10, 2011 11:26 AM
To: Rhonda Anderson
Subject: FW: Letter to city council
Attachments: City letter.docx
Importance: High
From: Reither, Lowell rmailto :lreither(aparkdental.comj
Sent: Friday, July 29, 2011 11:22 PM
To: Mike Gamache; Don Jacobson; Julie Trude; Mike Knight; Sheri Bukkila; Dave Berkowitz
Cc: ckaufenbera(d)hdbob.com; toseph.kaufenbergCaam.sony.com; Iarryschroeder( comcast.net; cat1985hyO)comcast.net;
drlowreither(a )comcast.net; randy() )hanksspec.com; gp13tsch@)msn.com
Subject: Letter to city council
Importance: High
Dear Mayor and council members,
We have attached a letter with our response and thoughts regarding the water issues involving the Woodland Estates
project under consideration. We will be unable to attend the neighborhood meeting scheduled at city hall Thursday
August 4th due to other commitments and we at least wanted to provide some input. I want to thank you in advance for
your attention to this response.
Lowell and Cathy Reither
2274149th ave nw
This communication (including any attachments) is intended only for use by the addressee(s) named herein and may contain legally privileged or confidential
information. If you are not the intended recipient or an authorized representative of the intended recipient on this communication, you are hereby notified that any
dissemination or distribution of this communication (or attachments) is strictly prohibited. If you have received this communication in error, please notify us
immediately by e-mail and permanently delete the communication and any attachments from your system.
Lowell and Cathy Reither
2274149th ave nw
Andover, MN 55304
July 29, 2011
Dear Andover Mayor and Council Members,
This letter is written to you and David Berkowitz in response to the recent discussions regarding my
property and others in this area of 149th Ave. NW. We have lived in the city for 18 years and we were
one of the very first homes built in the Woodland estate development. We purchased this property the
fall of 1997 and moved in early spring of 1998; being witness to all the activity and building within this
phase of the development.
My wife and I attended the city council meeting July 19th, to actively participate in the discussion of the
survey results and options, as it was stated on the agenda. We were very disappointed in the scope and
lack of constructive discussion, feeling decisions had already been made. We felt the meeting was
simply an avenue to inform us of the decisions made and there really was not much discussion allowed
from the affected parties. It is for this reason, we feel compelled to write this letter.
We are not writing to assign or accept blame, nor have I asked for anything from the city up to this
point. Admittedly, there have been excessive amounts of snow and rainfall this year. I also believe,
without a doubt, that the flushing of millions of gallons from the city well did not help the situation, and
certainly contributed to the frustration among some neighbors. I simply want to find a solution that is
acceptable to all parties and can be accomplished in a timely manner to minimize further damage and
frustration.
As we see it, there are three options, and we would like to present our thoughts on each, as I felt we
were unable to do at the last council meeting. First, the council presented the option of "regrading"
within the drainage easement for the properties in question. There was a lot of discussion throughout
this meeting from the council and city staff on the numerous impingements into the easement and how
these were preventing flow and drainage of water. It was inferred that these would need to be
removed, the land "regraded" to allow for water drainage within the easement; a remedy that was
described by you as the most disruptive to us.
We have a number of issues with this option as it relates to my property. The term and idea of
"regrading" was misrepresented. From the time 13 years ago to now, this easement area has never
been graded for complete water drainage. This area was appropriately or not, delineated as wetland,
and therefore could not be graded when the development was being planned, approved, and lots were
sold. The drainage built into the city system, effectively ended at the culvert, with any potential excess
water overflowing into the easement as a holding area, only to drain naturally or soak into the soil as it
could. Some areas are naturally higher and lower within the easement, with the lower areas now
collecting and holding water, primarily due to ground saturation. This was not communicated well, or at
all, at the council meeting. It seemed like everyone was focusing on why complete drainage was not
occurring. As the council reviews the survey results, it can clearly be seen that there is only a seven inch
drop in elevation from the drainage pipe to the far corner of my property; this is over a couple of
hundred feet. All that will be accomplished from "regrading' the entire easement, is to create a larger
flat area that will only spread the water over a wider surface area. I do believe any engineer would
agree that there simply is not enough drop in elevation between the two points to effectively and
completely drain the water from these properties.
Also, as it relates to my property, the council discussed the fact that a small corner of a utility shed is
within the easement and this is a factor in the lack of drainage for the standing water. [strongly
disagree with this assumption. The foundation corner of the shed in question is minimally 4 feet above
the highest water level we have seen since this ordeal began this spring. If our shed was to effectively
prevent water drainage, the water level would have to rise substantially and several homes would have
multiple feet of water within their basements. At no time has this shed even remotely affected any
water drainage, and it certainly has not had any negative impact. Furthermore, a permit was completed
and the fee paid to the city. Inspections were completed and approved. The foundation was
intentionally made from heavy skids so it would not be considered a permanent structure due to the
proximity to the easement. I could have easily moved the foundation prior to building completion, if it
was a concern from the city. Now it would be a major ordeal to move the structure, a move that would
have no effective change in the ability of the easement to hold and drain water.
As you made a point to mention several times at the council meeting, the drainage and holding of water
is working by city standards and is completely within the easement. "Regrading' the properties,
especially my property, has no added benefit for your purpose and is not needed by any standards. It
would only be a vindictive response by the city as it relates to this water problem. It would be disruptive
to all parties, including the city, and would be fought to the fullest extent possible.
The second option, an option seemingly favored by the city, was to assess a few select properties and
reroute the water drainage from this section of Woodland Estates development into the school property
and drainage area. This is clearly a better option than "regrading', and provides a more predictable
solution to the water problems on these properties. I would consider this in exchange for total
abatement of the easements. I have concerns on the ability to complete this in a timely manner and
whether all parties would agree. I also have serious concerns on the total cost of the assessment. I
could not agree to an open ended cost structure, as an informed consent would be impossible. We
need to know complete and total costs upfront, and exactly who and how many properties would be
assessed.
The council generically stated the assessment would be on all properties that would benefit from this
option. The city clearly benefits also. I would like to know if the city would at least acknowledge the
drainage of the well into one area was misguided, though legally allowed, at a time when we had record
snowmelt and rainfall, into already saturated land. I am looking at compromise, and would like the city
to bear an equal share as each of the property owners. As mentioned earlier, a timely agreement and
project completion is needed to minimize further damage to property and risk to the city. A
compromise should and could be reached. This is the first and only request we will ask from the city as
it relates to this water issue. We are not happy with the potential cost of an assessment that alters the
water drainage from an area and development much greater than our couple of homes. We would
compromise to the benefit of all to get this completed soon, despite knowing this water issue into this
easement was designed from the beginning to work exactly as it has; to hold water and drain naturally
as it could.
We do think there is a third viable option. Do nothing now. No party can clearly and completely establish
fault. If it truly a result of the perfect storm of record snowfalls, heavy rains, and drainage of the well
into this area; this could be an isolated event. We have been at this property for 12+ years and have
never had water related issues. This easement area in my property has been extremely dry over the
years. We have not had the damage others have claimed, but to us, it is just water. It will likely go
away. I have lost at least one tree, maybe more as time goes on. It is disappointing to lose a larger tree,
but we are fortunate we have not had more extensive property damage to this point.
This area was never designed or engineered to drain completely, and maybe leaving it as a natural
holding and drainage area is the most prudent response, especially as it relates to the limited and
questionable benefit of "regrading ", and my concern whether any agreement can be reached with all
parties regarding the potential rerouting and assessment. There is standing water everywhere this year.
In conclusion, we would like to thank you in advance for reading this letter. We look forward to further
discussions, and truly hope an acceptable decision can be made soon. Unfortunately, we will not be
able to attend the neighborhood meeting that was scheduled for Thursday August 4. Our family has a
previously scheduled vacation, and will therefore be out of town and unavailable. Hopefully, you will at
least know our thoughts from this letter and can use this as part of the discussion.
We would welcome any member of the council of staff to visit at our property, to help find acceptable
solutions. Feel free to contact us at any time.
Sincerely,
Lowell and Cathy Reither
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VIX C I T Y •
LNDOVE
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
Reschedule Joint Meeting with City of Anoka
August 10, 2011
INTRODUCTION
A previously scheduled joint meeting date September 12'' was determined to not work for the
City of Anoka. In response Andover City Council is requested to reschedule a Joint Meeting
with the City of Anoka to discuss topics of mutual concern.
DISCUSSION
Potential agenda items for a Joint Meeting with the City of Anoka have been identified as
follows:
1. Community Updates
2. Bunker Lake Boulevard/7d' Avenue Discussion
3. Shared Border Concerns
4. City Collaboration Opportunities
5. Other Topics
Other items may be added upon Council request.
ACTION REQUIRED
Schedule a Joint Meeting with the City of Anoka, a suggested date is Monday November 14th at
6:00 p.m., or another date and time acceptable to the Council.
submitted,
=611
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO:
FROM:
SUBJECT:
DATE:
Mayor and Council Members
Jim Dickinson, City Administrator
Schedule September Council Workshop
July 6, 2011
INTRODUCTION
u.
The Council is requested to schedule a Council Workshop for the month of September for a
number of miscellaneous business items.
DISCUSSION
Potential agenda items for a general September workshop have been identified as follows:
1. Joint Meeting with a City Commission — Community Center Advisory
2. Andover Community Center 2012 Budget Presentation
3. 2011 -2012 Council Goals Update
4. 2011 Budget Implementation Progress Report
5. 2012 -2016 CIP Development Discussion/Update
6. 2012 Budget Development Discussion/Update
7. Other Topics
Other items may be added upon Council request or operational need.
ACTION REQUIRED
Schedule a September Council workshop, a suggested date is September 27th at 6:00 p.m., or
another date and time acceptable to the Council.
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO:
FROM:
SUBJECT:
DATE:
Mayor and Council Members
Jim Dickinson, City Administrator
Schedule September EDA meeting
August 4, 2011
INTRODUCTION
The Council is requested to schedule an Economic Development Authority (EDA) meeting at
6:00 pm before the September 6, 2011 City Council meeting.
DISCUSSION
Tentative agenda items for an EDA meeting have been identified as follows:
1. Redevelopment Discussion
2. Monument Entrance/Electronic Reader Board Update
3. EDA Project Progress Review
4. TIF District & EDA Budget Update
5. Parkside at Andover Station Update
6. Other Business
Other items may be added upon request, or the meeting will be cancelled if no new
information comes forward on the identified agenda items.
ACTION REQUIRED
Schedule an EDA meeting at 6:00 pm before the September 6, 2011 City Council meeting.
submitted,
kllobA NDOVE
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO:
FROM:
SUBJECT:
DATE:
Mayor and Councilmembers
Jim Dickinson, City Administrator
Administrator's Report
August 16, 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 Updates
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.