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HomeMy WebLinkAboutCC - November 15, 2011t C I T Y 0 F or.:.. NDOVEX�!,%_T _ALC_i 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV Regular City Council Meeting — Tuesday, November 15, 2011 Call to Order — 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (10/15/11 Workshop; 11 /1 /11 Regular; 11 /1 /11 Closed) Consent Items 2. Approve Payment of Claims — Finance 3. Approve Resolution of Support Request No Change in Fiscal Disparities — Administration 4. Approve LMCIT Liability Coverage — Finance 5. Approve Exemption to the Discharge of Weapons (Chapter 4, Section 5 -4 -1 of the City Code) as Requested by the Anoka County Parks Department - Planning Discussion Items 6. Anoka County Sheriff's Office Monthly Report — Sheriff 7. Consider Variance to Location & Setback Requirements of City Code 12 -6 -5 for Existing Accessory Structure Located at 2102 142nd Lane NW - Planning 8. Consider Variance to Side Yard Setback Requirements of City Code 12 -3 -5 for House Addition at 2067 142nd Avenue NW - Planning Staff Items 9. Schedule Commission Interview Date/Discuss Community Center Advisory Commission By -Laws — Administration 10. Schedule December EDA Meeting -Administration 11. Administrator's Report — Administration Mayor /Council Input Closed Session — Public Works Union Negotiations Property Negotiations PID: 29- 32 -24 -44 -0022 Adjournment C IT Y OF ,NDOVbE M 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755 -5100 FAX (763) 755 -8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and City Council CC: Jim Dickinson, City Administra r FROM: Michelle Hartner, Deputy City Clerk SUBJECT: Approval of Minutes DATE: November 15, 2011 INTRODUCTION The following minutes were provided by Timesaver, reviewed by Administration and submitted for City Council approval: October 25, 2011 Workshop November 1, 2011 Regular November 1, 2011 Closed DISCUSSION The minutes are attached for your review. ACTION REQUIRED The City Council is requested to approve the above minutes. Respectfully submitted, (- A' hU' Michelle Hartner Deputy City Clerk Attach: Minutes 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ANDOVER CITY COUNCIL WORKSHOP MEETING —OCTOBER 25, 2011 MINUTES The Workshop Meeting of the Andover City Council was called to order by Mayor Mike Gamache, October 25, 2011, 6:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota Councilmembers present: Sheri Bukkila (6:07 p.m.), Mike Knight, Julie Trude, and Tony Howard Councilmember absent: None Also present: City Administrator, Jim;Dickmson 2011 BUDGET IMPLEMENTATION PROGRESS, SEPTEMBER 2011 INVESTMENT REPORT & LETTERS OF CREDIT - PROJECT ESCROW REP..ORT City Administrator Di'kiii" stated the overall City of Andover "2011 Budget contains total revenues of $28,910,245, and total expenditures of $30,785,805. The $1,875,560 of expenditures over revenues is largely date to prepaying debt in order to save on interest expenditures. He reviewed the directives and departmenfal.expectatipus for 2011 He explained the Council should be updated monthly at a minimum as part of the"bond`ratmg,process. At this time the City is where they want to be for the 2011 budget. The in6fease in the licez sg�and permits and Charges for Services is due to the new building projects by the Anoka County Highway Department and Dynamic Sealing Technologies. The City received the State Fire Aid payment in September rather than October and paid this out early and this is reflected in the totals. The revenue for fines is about one month behind target. The League of Minnesota bill was received in September. He clarified that being ahead of revenue target has increased the availability of fund balance going into next year. Councilmember Bukkila asked if the reduction in revenue for fines was due to the Sheriff Department spending more time focusing on DUPs and other related problems. City Administrator Dickinson stated there may be a correlation. Councilmember Trude stated the League of Minnesota Cities bill for dues should be included in the Risk Management Budget. Our membership is primarily due to our insurance coverage. City Administrator Dickinson explained this change would be occurring in 2012. Councilmember Knight asked what the fund balance would be going into 2012. Andover City Council Workshop Meeting Minutes — October 25, 2011 Page 2 City Administrator Dickinson stated the City working cash flow would be at approximately 45 %. Councilmember Trude stated the weather could have an impact on the City's emergency funds. City Administrator Dickinson stated the City does need to be prepared for emergency situations and if there is a lot of snow fall early in the season then this will impact the City's budget. 8 City Administrator Dickinson discussing cash balances stated the City will have immediate 9 expenses of closing on the Parkside at Andover Station development purchase and the Bunker 10 Lake Boulevard redevelopment project. The City generally needs to keep $3,000,000 readily 11 available for cash flow and emergencies. 12 13 Councilmember Knight asked what the City was earning as a return with the savings accounts. 14 15 City Administrator Dickinson stated the City is earning about 2 -3 %. 16 17 Councilmember Trude stated the City has a better return if they borrow money to residents to pay 18 assessments than it does with the accounts at our current rate of return. This is also a way for the 19 City to help our residents. City Administrator Dickinson stated as long as the City is paid it is 20 not a bad situation for the City. 21 22 Mr. Dickinson stated the City has decreased the amount of investments in mortgage backed 23 securities they have in the portfolio. 24 25 Councilmember Trude asked if the City had the Certificates of Deposit spread over enough banks 26 to be insured. City Administrator Dickinson stated the Certificates of Deposit were spread out 27 appropriately, either insured or backed up by security pledges. 28 29 City Administrator Dickinson stated the City has Letters of Credit for development activity 30 dating back to 2004. Most of these are small amounts and are for erosion control. Village Bank 31 is the highest exposure and when Parkside at Andover Station closes, we will release the Letter 32 of Credits with Premier Bank. 33 34 35 2012 BUDGET REVIEW — SPECL4L REVENUE, DEBT SERVICE, CAPITAL PROJECT, 36 ENTERPRISE, AND INTERNAL SERVICE FUNDS 37 38 City Administrator Dickinson stated the Council has had a number of reviews of the 2012 39 Proposed General Fund Budget that will be supported by the 2012 Tax Levy. The Council did 40 adopt at the September 6, 2011 regular Council meeting a Preliminary 2012 total property tax 41 levy of $10,856,299. The Council has the right to reduce or keep constant this levy until the final 42 certification date of December 28, 2011. The proposed levy will result in a zero percent increase 43 in the gross tax levy. He supplied the Council with draft budgets for all the other funds outside 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Andover City Council Workshop Meeting Minutes —October 25, 2011 Page 3 of the General Fund within the City. He went through the Special Revenue Funds, the Debt Services Funds, Capital Projects Funds, the Enterprise Funds, and the Internal Service Funds. Councilmember Trude asked if the YMCA payments were included in the Community Center Special Revenue Fund. City Administrator Dickinson stated the payments from the YMCA were included under Misc. in that Special Revenue Fund for the operational side. The City pays the expenses and the YMCA reimburses the City. The City is on target to be out of the deficit fund balance for this fund by 2014. Councilmember Trude suggested the miscellaneous revenue be better identified as pertaining to the YMCA. City Administrator Dickinson suggested adding a footnote to identify this. He clarified the reason for the increase for the Lower Rum River Watershed Fund was due to problems with enforcement within another city, but the increase is still less than what the east side of the City pays to Coon Creek Watershed District. The Capital Equipment Reserve on page 19 is for long- term equipment purchases and to cover costs in the case of a natural disaster. The City has been saving money for equipment purchases so that we do not have to do large equipment bonds. Mayor Gamache asked what percent of the levy goes to equipment. City Administrator Dickinson stated about 2 %. Councilmember Trude asked if the City had made any contributions to the Alexandra House. City Administrator Dickinson stated this was done from the General Fund. Councilmember Trude asked if there was something that could be done with the funds available in the Trail Fund on page 15. City Administrator Dickinson stated these particular funds could only be used for a regional trail. The City has been looking at grant opportunities to add to the regional trail system and these funds could be used as the City's match portion. The fees received from park dedication fees could be used for City trails in parks. Councilmember Trude stated she would like to see the City move from spending funds on "Tot - Lot Playgrounds" and spend these funds on trails in the future. City Administrator Dickinson stated the Central Equipment Fund on page 103 is used to maintain all of the City's equipment and provides fuel for the City's vehicles. The Risk Management Fund on page 105 includes all insurance premiums and severance payments that may be paid out Andover City Council Workshop Meeting Minutes —October 25, 2011 Page 4 by the City. The City is anticipating a couple of retirements in the next few years. There will be an increase in expenses for this fund in 2012 due to transferring the League of Minnesota Cities dues bill and an increase in the City's work -comp insurance rates. Councilmember Howard asked if the City maintained a spreadsheet showing the cost impacts in anticipation of employees retiring. 8 City Administrator Dickinson stated the City works with employees to determine when they may 9 be retiring. The City also reviews all open positions to determine if the position needs to be 10 filled externally or if there is the potential for an internal transfer or if the City can combine the 11 position duties with other positions. 12 13 Councilmember Trude asked for clarification on page 41, the Lease Revenue Bonds. She asked 14 if the Community Center was the expense related to these bond payments. 15 16 City Administrator Dickinson stated that was correct. The funds are received from the YMCA 17 and the tax levy and then the debt service payments are paid out of this fund. 18 19 20 2012 BUDGET DEVELOPMENT DISCUSSION 21 22 Councilmember Knight asked City Administrator Dickinson to explain the Market Homestead 23 Credit program versus the Market Value Exclusion Program. 24 25 City Administrator Dickinson stated the Market Homestead Credit program was the program the 26 State use to have that gave each property owner a credit on their property taxes. This credit 27 reduced the amount of taxes the property owner actually paid. The State was then suppose to pay 28 the City the amount that was credited to the property owners. The problem with this program 29 was the State did not pay the City of Andover the amount that was owed. In an effort to balance 30 the State's budget, the State no longer has this program. The Market Value Exclusion Program is 31 the program that was created to replace the Market Homestead Credit program. This program 32 reduces the market value of a property that has been homesteaded. This reduction will reduce the 33 taxable value amount of a property and the taxes paid. The State will no longer be responsible 34 for paying the "credit" amount to the cities. The Market Value Exclusion program is for 35 homesteaded properties only. This will have a negative impact on the City's businesses. In order 36 for a City to maintain the same amount of money collected in previous years, the City would 37 need to increase their tax rate. This may put the increase of property taxes on the City. Andover 38 has collected the Market Homestead Credit in full only once since that programs inception and 39 has done its due diligence in making sure the City does not have to increase taxes excessively to 40 cover the impacts of the new program. He provided additional handouts to the Council. 41 42 Councilmember Trude clarified the Market Value Exclusion program was devaluing the tax base 43 for the City and putting a larger burden on the businesses and those properties that are not Andover City Council Workshop Meeting Minutes — October 25, 2011 Page 5 1 homestead and high end homes. 2 3 Councilmember Bukkila requested staff to put together a spreadsheet that shows the difference 4 between the Market Value Credit program and the Market Value Exclusion program and how 5 this will affect individual homeowners. 7 City Administrator Dickinson stated the City was expecting a tax rate of between 38% and 40% 8 but in order to maintain the same amount of taxes being collected the rate needs to be increased 9 to 43 %. The City had started internally to migrate from the Market Value Homestead Credit 10 program. 11 12 City Administrator Dickinson stated the City has been working diligently on reducing expenses 13 and not increasing the levy any more than is needed. The City may be able to reduce the levy 14 amount for 2012 because of cost savings including the reduction in the City's health insurance 15 premiums and the estimated fund balance that will be available. These savings would drop the 16 proposed levy from 43.297% to 42.878 %. If the City does not do anything with the levy and 17 leaves it at a zero increase the tax rate will increase due to the Market Value Exclusion program. 18 19 20 Councilmember Knight asked about the money available through QCTV. 21 22 City Administrator Dickinson stated the City could reduce a fund balance reserve in the amount 23 that is at QCTV and this could lower the levy to 42.586 %. This would put Andover's tax rate 24 under Coon Rapids. The City could also look at reducing the working cash flow designation to 25 44% and the levy would be reduced to 42.134 %. It would be possible to reduce the levy more 26 but it would allow for less flexibility. 27 28 Mayor Gamache stated the City should do what they can to reduce the impact on businesses and 29 the reduction of the 2012 levy would help in doing this. 30 31 Councilmember Knight asked if there was a danger of the City running to lean. 32 33 City Administrator Dickinson stated the City would not be too lean if they decided to drop the 34 levy to 42.586% and make the cuts up to the IT Fund Balance Reserve. Going more than that 35 would require more management of the City's cash flow and may result in things not being done 36 when they would have otherwise been done. 37 38 Councilmember Trude stated the law enforcement budget was increased by $80,000 and this was 39 taken from previous years Debt Services levy and even with this increase the City currently has a 40 zero levy increase for 2012. 41 42 City Administrator Dickinson stated the Council did not need to make a final decision until the 43 levy was certified in December. This will give the Council time to look at the proposed cuts and Andover City Council Workshop Meeting Minutes — October 25, 2011 Page 6 1 also see how much snowfall there may be for this season. 2 3 City Administrator Dickinson stated the Anoka- Hennepin School District referendum that is up 4 for vote on November 8, 2011 would also have an impact on taxes for residents. He would 5 recommend the Council look at and consider potentially reducing the levy $225,000. 7 Mayor Gamache stated the City should be cautious about reducing the levy too much, but he 8 would like the City to look at reducing the impact to business properties. 9 10 Councilmember Knight requested the City Administration directives and departmental 11 expectations be included in a newsletter article to the residents so they are aware of what the City 12 is working to accomplish. 13 14 City Administrator Dickinson stated staff would look at a reduction of about 2.25% and bring 15 forward any concerns at the next workshop. 16 17 Councilmember Howard stated he would like to see the explanation of the Market Value 18 Exclusion program televised so residents can understand it and know the City has been fiscally 19 responsible with keeping its spending at the same levels as previous years. 20 21 Councilmember Trude suggested Councilmember Howard attend a new councilmember session 22 sponsored by the League of Minnesota Cities because it is important. 23 24 25 2011 -2012 COUNCIL GOALS UPDATE 26 27 City Administrator Dickinson provided the Council with the results of the last community survey 28 that was done in 2006 and a sample result brochure that was prepared for the City of Woodbury. 29 He would recommend if the City does a survey the results be published in a similar manner. 30 31 Councilmember Trude stated the City should consider doing another community survey. The 32 Council would need to determine what questions should be asked. 33 34 City Administrator Dickinson stated the last community survey focused on issues such as 35 commuter issues, wi -fi within the City, and was also the precursor to the open space referendum. 36 A survey would cost approximately $12,000 and the questions for a quality of live survey would 37 not be difficult. 38 39 City Administrator Dickinson reviewed the City goals and values categories including fiscal 40 values, commercial/residential development/ redevelopment, collaboration, service delivery, and 41 livability/image. 42 43 Councilmember Bukkila asked if the City was still talking to the schools about the City doing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Andover City Council Workshop Meeting Minutes —October 25, 2011 Page 7 some of their maintenance. City Administrator Dickinson stated staff was still talking to them but the school district has just made a large investment into equipment. This may be something they would look at in the future at a point in time this equipment needs to be replaced and they need additional storage for equipment. He pointed out the collaboration project with the County regarding the facility management system was well received by the school district. The City needs to balance the use of this system with local business services to be sure businesses are not being pushed out. Not all the Service Delivery goals have been met at this time. The Council will discuss these goals again after the first of the year. Councilmember Trude suggested this also include discussions on the Administrative Fines process for the City. Mayor Gamache asked Mr. Dickinson to explain how the City is assisting businesses with Sewer Access Charges (SAC). City Administrator Dickinson stated there have businesses in Andover that have been hit with large SAC charges when they have wanted to expand. In one case the business decided not to serve food on their patio because the SAC charge was too large. The City has been helping these businesses by appealing these Met Council decisions and working on behalf of the business to have these charges reduced. OTHER TOPICS VETERANS MEMORIAL DRIVE City Administrator Dickinson stated staff had received an e -mail asking where the memorial was on Veterans Memorial Drive. The person stated there should at least be a flag pole along this road. He stated the City could install a flag in the park along Veterans Memorial Drive, but the flag would need to be lit. Councilmember Howard suggested a memorial be done on the corner when Veterans Memorial Drive is expanded. Mayor Gamache stated the City could look at designing a program for donations for a memorial along this road. Councilmember Bukkila stated the City could look at a program like the buy a brick program. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Andover City Council Workshop Meeting Minutes — October 25, 2011 Page 8 NOVEMBER WORKSHOP City Administrator Dickinson stated the Park and Recreation Commission would be at the City Council workshop in November. They would like to discuss the parking lot at Sunshine Park, artificial turf, and the revenue that is generated by the Clear Wireless lease on the Rose Park water tower. Councilmember Trade stated the Park Commission wanted to look at charging high school students to park at the Sunshine Park parking lot. City Administrator Dickinson stated there is excessive garbage in this area and it primarily occurs once school is in session. Councilmember Knight suggested staff work with the High School to find a solution. City Administrator Dickinson stated a detention class had picked up the garbage around the parking lot on Monday. Councilmember Trade stated the parking lot could not be closed because this would push those cars into the neighborhoods and would create other problems. City Administrator Dickinson stated the Park Commission would like to request that the revenue generated from the Clear Wireless antenna lease be put into the Park Improvement fund rather than the utility fund. REGISTRATIONPOSTERS Councilmember Howard asked if the City could restrict the location of activity registration signs to certain corners in the City. Councilmember Bukkila stated she would like to see something more than the campaign style signs used. Councilmember Howard suggested the area associations be listed in the newsletter and on the website so the information is easy for residents to find. ADJOURNMENT The meeting adjourned at 8:20 p.m. Respectfully submitted, Tina Borg, Recording Secretary 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 REGULAR ANDOVER CITY COUNCIL MEETING —NOVEMBER 1, 2011 MINUTES The Regular Bi- Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, November 1, 2011, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Sheri Bukkila, Mike Knight, Julie Trude, and Tony Howard Councilmember absent: None Also present: City Attorney, Scott Baumgartner City Administrator, Jim Dickinson Director of Public Works /City Engineer, Dave Berkowitz Others PLEDGE OFALLEGIANCE RESIDENT FORUM No one wished to address the Council. AGENDA APPROVAL Mayor Gamache added Item l La. Approve the purchase of a front -end loader to the Consent Items. Motion by Councilmember Knight, Seconded by Councilmember Bukkila, to approve the Agenda as amended. Motion carried unanimously. APPROVAL OFMINUTES October 18, 2011 Regular City Council Meeting Councilmember Trude stated on page 3, line 18, replace the word "suspended" with "add restrictions to ". Motion by Councilmember Trude, Seconded by Councilmember Bukkila to approve the October 18, 2011 Regular City Council meeting minutes as amended. The motion carried unanimously. Regular Andover City Council Meeting Minutes — November 1, 2011 Page 2 1 October 18, 2011 Closed City Council Meeting 2 3 Motion by Councilmember Trude, Seconded by Councilmember Bukkila to approve the October 4 18, 2011 Closed City Council Meeting minutes as presented. The motion carried unanimously. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 CONSENT ITEMS Item 2 Approve Payment of Claims Item 3 Approve Removal of 3 -Way Stop Sign /139th Lane NW and Yucca Street NW Item 4 Approve Removal of 3 -Way Stop Sign/140th Avenue and Aztec Street NW Item 5 Approve Lease Agreement with Grace Lutheran Church/10 -13 Item 6 Approve Land Surveyors Certificate of Plat Correction — Millers Woods Second Addition Item 7 Accept Resignation/Park and Recreation Commission Member Ramnath Item 8 Accept Contributions/Sweet Toppings LLC /Andover Dog Park (See Resolution R085 -11) Item 9 Approve Resolution/Advanced Municipal State Aid Funding (See Resolution R086 -11) Item 10 Approve Health Insurance Renewal and Employer Contribution Item 11 Request City Council to Adopt a Resolution for the City of Andover to Participate in the Multi - Jurisdictional Anoka County Hazard Mitigation Plan Review (See Resolution R087 -11) Item 11 a Approve the Purchase of a Front -End Loader Motion by Councilmember Trude, Seconded by Councilmember Knight, approval of the Consent Agenda as amended. Motion carried unanimously. HOLD PUBLIC HEARING — DELINQUENT UTILITIESIFINES City Administrator Dickinson stated City Code Title 10 Chapter 3, 10 -3 -31); City Code Title 10 Chapter 1, 10 -1 -9F; and City Code Title 8 Chapter 5, 8 -5 -31) provide for the collection by assessment of unpaid sewer, water, storm sewer, street lighting service charges, false alarm fines, tree removal, mowing fees and miscellaneous abatement fees. The assessment procedures directed by State Statute is being followed by holding a public hearing to act upon the proposed assessment. Motion by Councilmember Bukkila, Seconded by Councilmember Knight, to open the public hearing at 7:06 p.m. The motion carried unanimously. No one wished to address the Council. Motion by Councilmember Bukkila, Seconded by Councilmember Knight, to close the public 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Regular Andover City Council Meeting Minutes — November 1, 2011 Page 3 hearing at 7:07 p.m. The motion carried unanimously. City Administrator Dickinson explained the last day delinquent charges can be paid is November 11 without incurring the 15% administrative fee. Councilmember Trude asked how the outstanding amount compared to previous years. City Administrator Dickinson explained the amount for 2011 is lower than 2010. The peak year would have been 2009 but each year the City certifies approximately the same amount. The largest outstanding balance is for a business and most of the outstanding charges were for water. Councilmember Trude asked if staff was working with residents that may have problems or questions regarding the charges. She also asked if there was any advice for anyone looking to purchase a home in Andover to find out if there are delinquent utility charges. City Administrator Dickinson stated staff is well prepared to answer questions and work with residents. He recommended anyone interested in purchasing a home have their title company do a utility search to find any delinquent charges. Motion by Councilmember Trude, Seconded by Councilmember Howard to approve the Resolution adopting the assessment roll for delinquent sewer, water, storm sewer, street lighting charges, false alarms, tree removal, mowing fees and miscellaneous abatement fees as presented. The motion carried unanimously. HOLD PUBLIC HEARING /ADOPT ASSESSMENT ROLU10 - -30 /CROSSTOWN DRIVE NW RECONSTRUCTION City Engineer Berkowitz stated the City Council is requested to hold a public hearing and approve the resolution adopting the assessment roll for the Crosstown Drive NW Reconstruction Project 10- 30. In accordance with the City's Assessment Manual the City Council approved assessing the benefiting properties 15% of the project costs outside of the trail costs and extra depth for the road section. This project is being assessed by the front foot method at a rate of $12.78 per foot. The feasibility report identified the estimated front foot assessment to by $13.53. Based upon current market conditions, the assessment roll is extended over a 10 -year period at a 4.5% interest rate. He reviewed the payment options for residents for this assessment. Councilmember Trude complimented City Engineer Berkowitz on the project. She asked if the City has done a traffic count on this section of road since it was completed to determine if the detour had created a change in the traffic patterns and decreased the amount of traffic on this section of Crosstown. City Engineer Berkowitz stated a traffic count would be done in the spring. The City did reduce the speed on this section of road. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Regular Andover City Council Meeting Minutes — November 1, 2011 Page 4 Motion by Councilmember Knight, Seconded by Councilmember Bukkila, to open the public hearing at 7:17 p.m. The motion carried unanimously. City Administrator Dickinson stated Anoka County Highway Department for the 13821 Crosstown Drive parcel was appealing the assessment. Appeals from government properties and churches have happened in other communities County. There are not a lot of properties that do not get assessed. Motion by Councilmember Bukkila, Seconded by Councilmember Knight, to close the public hearing at 7:20 p.m. The motion carried unanimously. Motion by Councilmember Knight, Seconded by Councilmember Bukkila to accept the assessment role as presented for the 2011 Crosstown Drive NW Reconstruction, Project 10 -30, with $12.78 to be assessed per front foot with a period of 10 years and interest rate of 4.5 %, further noting the appeal. The motion carried unanimously. ADMINISTRATOR'S REPORT City Administrator Dickinson updated the Council on the Administration and City Department Activities, legislative updates, an update on developmcnt/CIP projects and meeting reminders/community events. He stated the Anoka County Board approved reallocation of the 2011 CDBG dollars and extended the 2010 application the City had so the City would have the ability to facilitate the 1400' Avenue water main project. Councilmember Trude clarified this project would provide a full loop water main and ties into a couple of side streets. This would also allow residents to tie into the water system if their wells were failing and provide a couple of fire hydrants. City Engineer Berkowitz this was correct. City Administrator Dickinson stated the Anoka County Community Development Department has 3 Andover homes currently using Neighborhood Stabilization funds. The Andover Building Department has a total of 53 new homes this year and it could end up at approximately 60 new homes by the end of the year. The Community Center is busy with hockey season starting, the Learn to Skate programs and the Teen programs. He reminded residents the number one reason for thefts in Andover is due to unlocked cars and doors. City Engineer Berkowitz reminded residents not to push their leaves into the street. He stated Public Works is preparing for the snowplowing season. The City will have a couple of neighborhood meetings for the 2012 road reconstruction projects. November 15 staff will meet with the Ivywood Estates Development and December 6, staff will meet with the Johnson Oakmount Terrace Development. He stated the City has stakes available for residents to use to stake their curbs for the snow plows. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Regular Andover City Council Meeting Minutes — November 1, 2011 Page 5 Councilmember Trude asked what rebar would do to the City's equipment if residents used this. City Engineer Berkowitz stated rebar and anything metal would damage the City's vehicles if it were used. The wood stakes provided by the City are safer for the equipment if it were to get caught. MAYORICOUNCIL INPUT (Lee Carlson Center Contribution) Councilmember Bukkila she had received a thank you letter from the Lee Carlson Center for Health and Well Being for the City's contribution for their roof - raising event held in September. (Parks and Recreation Committee Opening) Councilmember Trude suggested the City send former Parks and Recreation Commission Ramnath a thank you letter and certificate for his contributions to the City. City Administrator Dickinson stated staff has started the process of advertising the opening on the Parks and Recreation Commission and getting applications. (No Hunting on City Open Space) Councilmember Howard asked if the City's open spaces were posted "No Hunting ". He also reminded residents that gun season for deer will be opening at the end of the week and they are encouraged to wear orange if they will be outside in wooded areas. City Administrator Dickinson stated he believed the properties were posted. Mayor Gamache recessed the regular City Council meeting at 7:30 p.m. to a closed session of the City Council to discuss Public Works Union Negotiations and Negotiations on PID #29- 32 -24- 44 -0022. The City Council reconvened at 8:04 p.m. ADJOURNMENT Motion by Councilmember Bukkila, Seconded by Councilmember Knight, to adjourn. Motion carried unanimously. The meeting adjourned at 8:04 p.m. Respectfully submitted, Tina Borg, Recording Secretary 1 Regular Andover City Council Meeting Minutes — November 1, 2011 Page 6 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES —NOVEMBER 1, 2011 TABLE OF CONTENTS PLEDGEOF ALLEGIANCE .......................................................................... ............................... 1 RESIDENTFORUM ....................................................................................... ............................... 1 AGENDAAPPROVAL ................................................................................... ............................... 1 APPROVAL OF MINUTES ............................................................................. ..............................1 CONSENTITEMS .......................................................................................... ............................... 2 Item 2 Approve Payment of Claims .......................................................... ............................... 2 Item 3 Approve Removal of 3 -Way Stop Sign /139d' Lane NW and Yucca Street NW ......... 2 Item 4 Approve Removal of 3 -Way Stop Sign/1400' Avenue and Aztec Street NW .............. 2 Item 5 Approve Lease Agreement with Grace Lutheran Church/10 -13 ... ............................... 2 Item 6 Approve Land Surveyors Certificate of Plat Correction — Millers Woods Second Addition............................................................................................... ............................... 2 Item 7 Accept Resignation/Park and Recreation Commission Member Ramnath .................. 2 Item 8 Accept Contributions/Sweet Toppings LLC /Andover Dog Park (See Resolution R085 -11) .............................................................................................. ............................... 2 Item 9 Approve Resolution/Advanced Municipal State Aid Funding (See Resolution R086- ...................................................................................................................................... 2 Item 10 Approve Health Insurance Renewal and Employer Contribution . ............................... 2 Item 11 Request City Council to Adopt a Resolution for the City of Andover to Participate in the Multi - Jurisdictional Anoka County Hazard Mitigation Plan Review (See Resolution R087 -11) .............................................................................................. ..............................7 2 Item 11 aApprove the Purchase of a Front -End Loader ............................... ............................... 2 HOLD PUBLIC HEARING — DELINQUENT UTILITIES/FINES (See Resolution R088- 11).... 2 HOLD PUBLIC HEARING /ADOPT ASSESSMENT ROLL/10 -30 /CROSSTOWN DRIVE NW RECONSTRUCTION (See Resolution R089 -11) ...................................... ............................... 3 ADMINISTRATOR'S REPORT ..................................................................... ............................... 4 MAYOR/COUNCIL INPUT ........................................................................... ............................... 5 (Lane Carlson Center Contribution) ............................................................ ............................... 5 (Parks and Recreation Committee Opening) ............................................... ............................... 5 (No Hunting on City Open Space) ............................................................... ............................... 5 %NDOVbE#P 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator / Finance Direct FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Payment of Claims DATE: November 15, 2011 INTRODUCTION Attached are disbursement edit lists for claims related to the on going business of the City of Andover. DISCUSSION Claims totaling $147,526.70 on disbursement edit list #1- 3 from 10 /31 /11 — 11/07/11 have been issued and released. Claims totaling $852,547.70 on disbursement edit list #4 dated 11/15/11 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 $1,000,074.40. Please note that Council Meeting minutes will be used as documented approval. Respectfully submitted, Lee Lee Brezinka Attachments: Edit Lists � O O a; a a � �U U � a U � w �v �a d a w d 9 i1 a a z r v d' d w Q aAi a Pr w b a Cd 0 a O a T d L-� 0 d e 0 z b r w U 0 N 00 rAQ �D m p o 0 r N x 0 U o r M r, r c� M M U �i b N y O U 0 Q U �U b o O c c F �x � a � U U b 0 U b co v M � U w u U F F a a M N M O :a 0 0 a x x U 9 U 9 c a z z z z z z z d H nO L y p 0 0--� N O d --� •-� N O N N N U M N N U V M U M -r U M o q�0 �D �o ❑ �O �'�D q iD �D q � q�0 quo O O O q 0 q 0 q 0 O q 0 q 0 q 0 pO O O prO CO p'O 0 p'O CO 0'O O .r O U 00 V O U 00 00 U M N 00 00 U] M O\ a m �/] \p � <} �/} 00 Vl \o V] 00 00 V] V] U.r 00 UO U.r U U V O M M U O V O V (Dc) V O d 0 U O UONN O -d \o U7 UFO UO Y w R 0 0 0 O O 0 0 O O O N N N N N N N N N N d V V dam' dam' 'd• 7 a C3 O O O O O O O O O O ON V1 I- b N N oO0 0 C ON C1 m C 0000 t- r- Q O O oO rn C o Vi 6 C vi 'i tV %O �O C CIA 0 C 66 O G C� V1 vl l� It d' It 7 N 00 O O O r- m 1.0 It d' 7 't h O O N N M bq 00 T � N N as X33 � Y �.� o N q oq v o O\ fq !t Nq 2 N � .r O� O 3c Div w ,� �a� b a •o o o 0 o F, w o o o o q oU F oy f b�CF w° o�f 'Npppp '� c"iU F' w p N N O Voo A v U J O U F Y o O mi V > >> > N U O O O O p z;7zu U z Cd �r -�PrU i�FU UP.0 U7 p a U N 00 U ��yy �"'� M O axl O pNppp O y r a� CN y00 b H q 0 q b q 0M 0 O o t-- � c 7 A a 1 O C >: y a L w �i i.. 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O L� r� xU � xV a o.--i �N � xU � xU x U 0 0 O V O V O O U O V O --i ,M U--� C> U V O O .O: V O V M O N N aAi N 00 W w (V M N �o UOV UV UOO UV1 Ud U UNO .b c � O yU� � O 3 ow _ � O O O O O O O O O O O O O N N N N N N N N N N N N V1 Vl h V1 Vl � •p C.. fyi V) V\1 V1 �V1 V\1 C �.ab o Urns .fir C+ V7 V) N v 3 NON O 5 p v x COL. p a O L� r� CD C) OOO Vl Vt d• r N 0000 O w 00 O O O 'C �O l0 �O N N V N V) M N N aAi 00 W w (V M N �o l- 00 N N V t- %0 00 00 00 M N 7 M O\ M V) 00 oo .. \O t+l (+1 N N M Vi m 'a N n n 000 w N N .b c � O yU� � O 3 ow _ � O cno Y y y P UCH > Q. ti > y yV ��lU FCNU 3 a > o •p C.. fyi .° C �.ab o Urns bNO C+ V7 V) N v 3 NON O 5 p v x COL. p a O N � U •� xoav any ooU ,0. C O X00 °�00 N N aAi "E c � O yU� � O 3 VI -y N � Y cno C N O y o d O UCH °'oF ��lU FCNU 3 a "E c � O O Y O m VI -y N OCI cno El O M O N I- . r- 00 a U w u A �. 7 wz H F A a `9 OS O a 0 N O O 0 P. O U 0 � O � b 7 O i N p VI -y N U0� G 4 O cno El 'C v C R, o � 2 M aCi n�U pcia� U C o G C d N d• A A �Pr P-i P+ bNO C+ V7 V) w w w 00 ON y O N I- . r- 00 a U w u A �. 7 wz H F A a `9 OS O a 0 N O O 0 P. O U 0 A,Lb Y O F �� 6 . . 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Approve Resolution of Support — Request No Change in Fiscal Disparities DATE: November 15, 2011 INTRODUCTION Anoka County in an effort to present a united message at the January Legislative Session is requesting all Anoka County Cities and School Districts to support them via a resolution of support "Requesting No change in Fiscal Disparities ". DISCUSSION The 2011 Anoka County Legislative Platform outlines the concerns relative to the Fiscal Disparities program quite well, attached is an excerpt from the Platform. In addition to the 2011 Anoka County Legislative Platform, the County Intergovernmental Relations Representative (Kathy Tingelstad) has recently sent correspondence (attached) requesting City and School district support via a resolution of support to assist the County in presenting a united message to Legislators for the upcoming Legislative. Please note on the attached correspondence the potential impact to a City of Andover residential homestead. City Administration recommends the City Council adopt a resolution of support and take advantage of the County's leadership on this very important topic. ACTION REQUESTED Approve the attached Resolution of Support — Request No Change in Fiscal Disparities. submitted, Attachments CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. A RESOLUTION REQUESTING NO CHANGE IN FISCAL DISPARITIES WHEREAS, the State of Minnesota adopted Minnesota Statute Section 473F - a system designed to share tax resources in the metropolitan area known as fiscal disparities; and, WHEREAS, the idea of tax -base sharing is to narrow the gap between communities with a strong and growing commercial - industrial tax base and communities with small or stagnated commercial- industrial tax base. To lessen the difference between these "haves" and "have - nots," the law requires that 40 percent of new commercial - industrial tax base be put back into the metropolitan pool and apportioned back to communities according to their population and overall tax base; and, WHEREAS, tax base sharing makes sense because communities in the Twin Cities area are interdependent parts of a single economic entity. One city might provide a family with a place to live, another a place to work, another a place to attend school, another a place to shop, another a place to generate electricity to light their home, and another location to handle waste products; and, WHEREAS, the Minnesota fiscal disparities tax sharing system is working and is making progress towards its objective; and, WHEREAS, tax base sharing results in spreading the benefits of regional centers and facilities to communities that do not have them but whose taxpayers support them, either through sales or income taxes. Further, fiscal disparities helps promote orderly growth in the entire metropolitan area; and, WHEREAS, fiscal disparities is an integral part of the metropolitan area's property tax system, and is a fundamental benefit to the entire metropolitan area because it recognizes that communities are an interdependent economic unit - as shown by the recent formulation of the economic development organization called "Greater MSP ": NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover respectfully requests the Governor and the Minnesota Legislature to support continuation of the current Fiscal Disparities Law. -`J.- Adopted by the City Council of the City of Andover this _ day of , 2011. Attest: Michelle Hartner — Deputy City Clerk - 3 CITY OF ANDOVER Michael R. Gamache — Mayor 001' ��,o� C0,3v-'in �.f�fs�h���4 VwLlm TAX and FISCAL POLICY County Program Aid cities, this is known as "Local Government Aid" or LGA) Created 1989, the Homestead and Agricultural Credit Aid CA) program pr ides direct property tax relief to homeowner. o assist with the cost of stat rogram mandates and new unfunded s ices. HACA was renamed Co Program Aid in 2004. It is nee ed by the counties to help meet inflation -re ed expenditures and to pa ially offset the increased responsibilities ifted by federal an tate budget decisions and unfunded mandates. Counti are the arm o the state adminlsterin and Counties base their annual budgets NNtKounty Program Aid figures. This funding needs to be at a sustain level that will not subsequently be reduced by the state. During state budget - deficit ye s, this County rogram Aid funding may be at risk. Ho/—due ' als important to keep mind that counties may be hit twice as e potential cuts in other arts of the budget; such as public ironment, and health and h an services. Therefore, the ld take into account all of these uts that counties potentially suff determining reductions for county 'ds and credits. In factgram should be renamed to "State Pa nts for Mandated Con ces." The Anol3d County Board of Commissioners recommends that. The 2011 M' nesota Legislature oppose further reductions in County Program Aid or the unallotment of County Program Aid. Reducing property tax reli ,9faid to counties (or unalloting funds that have been promised to c nties) disproportionally shifts tax burden from state sales tax and state come tax sources to the local property taxpayer. B) Fiscal Disparities Program U The Fiscal Disparities Program, named for its legislative chief author from Anoka, Charles R. Weaver, redistributes property value on commercial /industrial (C/I) property among the various local units of government within the metropolitan region. A "pool" is created by taking 40 percent of the growth in CA property value and taxing it at Tax and Fiscal Policy —Anoka County 4- Legislative Platform November 2010 -4 the same rate in all of the municipalities and taxing jurisdictions. The pool is then distributed to the various jurisdictions based upon a formula prescribed in state statutes. As a result, the disparity between taxes paid on C/I property in high growth areas versus low growth areas is reduced, and taxes on all property types are reduced in those areas with little C/I growth. If the Fiscal Disparities Program were to be eliminated, the count rd's portion on the property tax statement of a $200,000 market value residence for payable 2010 would increase by $29.76. Other taxing jurisdictions would see more dramatic increases. In addition, Anoka County school districts' tax increase on a $200,000 residence without fiscal disparities would be as follows: Anoka- Hennepin School District #11 - $122.94; Centennial School District #12 - $80.16; Columbia Heights School District #13 - $131.92; and St. Francis School District #15 - $60.32. On average, total taxes (city, school, and county) on residential properties would be 9.91 percent him if the Fiscal Disparities Program was eliminated. The Fiscal Disparities Program is a valuable program for the communities in the region not having the tax base or the infrastructure to attract development to increase their tax base. (Recently discussed has been the value that Anoka County's wetland "water recharge area" brings to the metro.) Fiscal disparities has reduced tax base disparity throughout the metropolitan area and assisted communities that would otherwise have suffered from Metropolitan Council's controlled growth plan. During the 2010 Legislative Session, a "Fiscal Disparities Study" was included as part of the final Omnibus Tax Bill; the study report is due February 1, 2012. The Anoka County Board of Commissioners recommends that. The Minnesota Legislature continue to support the (Charles R. Weaver) Fiscal Disparities Program in order to maintain balance in the property tax base in the metropolitan area. And further, that no changes be made during the 2011 Legislative Session, due to the Fiscal Disparities Study being conducted during that year. C) Minnesota REDESIGN The Association of Minnesota Counties (AMC) has spear headed this effort, which seeks to improve the long -term sustainable outlook for the Tax and Fiscal Policy —Anoka County -2- Legislative Platform November2010 J KATHY TINGELSTAD Intergovernmental Relations Direct 763 - 323 -5745 Cell 763- 286 -7293 COUNTY OF ANOKA OFFICE OF GOVERNMENTAL SERVICES DIVISION GOVERNMENT CENTER 2100 3RD AVENUE STE 700 • ANOKA, MN 55303 -5024 (763) 323 -5700 November 2, 2011 �•yy� i Request for Your Organization to Pass a Resolution of Support To: Cities and School Districts in Anoka County Growth in economic development is an important goal for all communities. With that in mind, the Metro Areas' Fiscal Disparities tax sharing system is making progress towards its objective. However, there may be an effort to dismantle this important program — which was established under the leadership of former Anoka Representative Charles R. Weaver. If the Fiscal Disparities Program was eliminated, most homeowner and business property tax statements in the Anoka County area would see an average increase of 10% (on the combined city/schooUcounty taxes). This would result in more disparity in the Metro area! (See the sample box below for your area. If there is more than one school district in your city, then only the largest school district is listed. *) To show leadership on this issue, Anoka County passed the attached resolution at the October 25 county board meeting. We are asking for your help to support a similar resolution by presenting it at your upcoming city council or school board mee� tines— so it can be ready for the January Legislative Session. Once your resolution is approved at your city council or school board meeting, please email a copy to me at kathy.tingelstadgco.anoka.mn.us so we can communicate a united message to Legislators for the upcoming Legislative Session. I °you have any questions, please call me at 763 - 286 -7293. Without Fiscal Disparities — Appx. Tota ax Incre $200,�000 residential homestead or Your city of (-.da& � $ 0 *Your School District #L: $ 154 Anoka County: Approximate Total Per Sample KT:tp Sincerely, Kathy Tingelst Intergovernmental Relations Enclosure a ws-­ -Fo ,P �p SCGI.� �%i $p���1 � �- ,-f 1 S &#A&) . cc: Anoka County Commissioner Robyn West, Intergovernmental & Community Relations Chair Rhonda Sivarajah, Chair, Anoka County Board of Commissioners kathy.tingelstad @co.anoka.mn.us Affirmative Action / Equal Opportunity Employer www.anokacounty.us —6 - BOARD OF COUNTY COMMISSIONERS Anoka County, Minnesota DATE: October 25, 2011 RESOLUTION #2011 -128 OFFERED BY COMMISSIONER: West RESOLUTION REQUESTING NO CHANGE IN FISCAL DISPARITIES WHEREAS, the State of Minnesota adopted Minnesota Statute Section 473F — a system designed to share tax resources in the metropolitan area known as fiscal disparities; and, WHEREAS, the idea of tax -base sharing is to narrow the gap between communities with a strong and growing commercial - industrial tax base and communities with small or stagnated commercial - industrial tax base. To lessen the difference between these "haves" and "have - nots," the law requires that 40 percent of new commercial - industrial tax base be put back into the metropolitan pool and apportioned back to communities according to their population and overall tax base; and, WHEREAS, tax base sharing makes sense because communities in the Twin Cities area are interdependent parts of a single economic entity. One city might provide a family with a place to live, another a place to work, another a place to attend school, another a place to shop, another a place to generate electricity to light their home, and another location to handle waste products; and, WHEREAS, the Minnesota fiscal disparities tax sharing system is working and is making progress towards its objective; and, WHEREAS, tax base sharing results in spreading the benefits of regional centers and facilities to communities that do not have them but whose taxpayers support them, either through sales or income taxes. Further, fiscal disparities helps promote orderly growth in the entire metropolitan area; and, WHEREAS, fiscal disparities is an integral part of the metropolitan area's property tax system, and is a fundamental benefit to the entire metropolitan area because it recognizes that communities are an interdependent economic unit — as shown by the recent formulation of the economic development organization called "Greater MSP ": NOW, THEREFORE, BE IT RESOLVED that Anoka County respectfully requests the Governor and the Minnesota Legislature to support continuation of the current Fiscal Disparities Law. STATE OF MINNESOTA) COUNTYOFANOKA ) ss 1, Jerry Soma, County Administrator, Anoka County, Minnesota, hereby certify that I have compared the foregoing copy of the resolution of the county board of said county with the original record thereof on file in the Administration Office, Anoka County, Minnesota, as stated in the minutes of the proceedings of said board at a meeting duly held on October 25, 2011, and that the same is a true and correct copy of said original record and of the whole thereof, and that said resolution was duly passed by said board at said meeting. Witne y h;m*and seat this 25th day of Octo o // YES NO DISTRICT #1 —LOOK Absent DISTRICT 92 — WESTERBERG X DISTRICT #3 — WEST X DISTRICT #4 — KoRDIAK X DISTRICT 45 — LEDOUX Absent DISTRICT #6— SivARAJAH X JERRY SOMA COUNTY ADMINISTRATOR DISTRICT 47 - ERHART X �L� I�, ` 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: Approve LMCIT Liability Coverage DATE: November 15, 2011 INTRODUCTION The League of Minnesota Cities Insurance Trust (LMCIT) requests that participating cities annually decide whether or not to waive the statutory tort liability limits established by Minnesota Statutes 466.04. DISCUSSION Attached is the "LMCIT Liability Coverage — Waiver Form" provided by the LMCIT, which provides a description of the options available to the City of Andover. Currently the City of Andover DOES NOT WAIVE the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. Finance is recommending continuing with past practice. BUDGETIMPACT No budget impact if the City does not waive limits. ACTION REQUESTED The Andover City Council is requested to not waive the monetary limits on tort liability established by Minnesota Statutes 466.04. SECTION 1: LIABILITY COVERAGE WAIVER FORM Cities obtaining liability coverage from the League of Minnesota Cities Insurance Trust must decide whether or not to waive the statutory tort liability limits to the extent of the coverage purchased. The decision to waive or not to waive the statutory limits has the following effects: If the city does not waive the statutory tort limits, an individual claimant would be able to recover no more than $500,000, on any claim to which the statutory tort limits apply. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would be limited to $1,500,000. These statutory tort limits would apply regardless of whether or not the city purchases the optional excess liability coverage. If the city waives the statutory tort limits and does not purchase excess liability coverage, a single claimant could potentially recover up to $1,500,000. on a single occurrence. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to $1,500,000., regardless of the number of claimants. If the city waives the statutory tort limits and purchases excess liability coverage, a single claimant could potentially recover an amount up to the limit of the coverage purchased. The total which all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to the amount of coverage purchased, regardless of the number of claimants. Claims to which the statutory municipal tort limits do not apply are not affected by this decision. This decision must be made by the city council. Cities purchasing coverage must complete and return this form to LMCIT before the effective date of the coverage. For further information, contact LMCIT. You may also wish to discuss these issues with your city attorney. accepts liability coverage limits of $ Minnesota Cities Insurance Trust (LMCIT). from the League of Check one: ❑ The city DOES NOT WAIVE the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. ❑ The city WAIVES the monetary limits on tort liability established by Minnesota Statutes 466.04, to the extent of the limits of the liability coverage obtained from LMCIT. Date of city council meeting Signature Return this completed form to LMCIT, 145 University Ave. W., St. Paul, MN. 55103 -2044 +i• �.. 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City FROM: David L. Carlberg, Community Development Director SUBJECT: Approve Exemption to the Discharge of Weapons (5 -4 -1 of the City Code) as Requested by the Anoka County Parks Department DATE: November 15, 2011 REQUEST The City Council is requested to approve an exemption to Title 5, Chapter 4 of the City Code to allow for the discharge of weapons as request of the Anoka County Parks Department. BACKGROUND The Anoka County Parks Department has requested the City approve an exemption to the City Code to allow for the discharge of weapons in accordance with 5 -4 -1 of the City Code (see attached letter). The purpose of the exemption is to allow the County to conduct hunting on property in the northern part of Andover located in Section 6. This property (85 +/- acres) in addition to several hundred acres to the north in Oak Grove, known as the Cedar Creek Conservation Area, was purchased as park property utilizing Clean Water, Land and Legacy Amendment Funds. A requirement of utilizing these funds is to allow for public hunting of the property in accordance with local, state and federal regulations. City Code Section 5 -4 -1 prohibits the discharge of weapons on public property owned and operated by city, county, state or school district unless an exemption is given as provided in 5 -4 -1G of the City Code. Therefore, in order for the County to comply with State Law an exemption to the City Code is required. Council should be aware that hunting was permitted on this property prior to being purchased as a park by Anoka County. ACTION REQUESTED Approve an exemption to the City Code 5 -4 -1 to allow for the discharge of weapons for the purpose of hunting as requested by the Anoka County Parks Department. Respectfully submitted, David L. Carlberg Attachments Letter from Jeff Perry, Park Operations Manager, Anoka County Parks Department Cedar Creek Conservation Area informational sheet from the Anoka County Parks website. f 1< Anoka County Parks and Recreation 550 Bunker Lake Boulevard NW, Andover, MN 55304 November 9, 2011 Jim Dickinson City Administrator City of Andover 1685 Crosstown Boulevard Andover, MN 55304 Re: Request for an Exemption to the City of Andover Code That Will Allow For Lawful Discharge of Weaponsfor Hunting Purposes at Anoka County's Cedar Creek Conservation Area Mr. Dickinson: Anoka County recently acquired 550 acres of land within the City of Oak Grove and City of Andover (please refer to the attached map), referred to as the Cedar Creek Conservation Area. Approximately 85 acres of land at the Cedar Creek Conservation Area fall within the jurisdictional boundary of the City of Andover. This newly acquired land was purchased with funding provided by Minnesota's Clean Water, Land and Legacy Constitutional Amendment. In accordance with Article XI, Section 15, of the Minnesota Constitution, the Constitutional Land acquired by fee with money deposited in the outdoor heritage fund under this section must be open to the public taking of fish and game during the open season unless otherwise provided by law. In an effort to comply with the Minnesota Constitution, Anoka County is respectfully requesting an exemption to the City of Andover Code, Chapter 4, authorizing the lawful discharge of weapons for hunting purposes upon the property of Anoka County referred to as the Cedar Creek Conservation Area. The Cedar Creek Conservation Area will be managed very similar to a Minnesota Department of Natural Resources Wildlife Management Area. The City of Andover has granted Anoka County a similar exemption to City Code that authorizes Anoka County to conduct a controlled deer management program at Bunker Hills Regional Park. If you have any specific questions or if you need any further documentation pertaining to this request, please call Jeff Perry, Park Operations Manager, at (763)767 -2861. Thank you for considering Anoka County's request. Sincerely, Jeff Park Operations Man Anoka County OPEN SPACES iN NEARBY PLACES Phone: 763. 7573920 www.anokacountypaft.com Fax: 763.755.0230 - 9-- Anoka County Parks Page 1 of 1 http: / /www.anokacountyparks.comlparks /cedar creek conservation arealabout.html 11/9/2011 Minnesota Legislature - Office of the Revisor of Statutes r n �so�h ('0,-„5+),.A( '0*Page 1 of 1 X SPt� yr j� Sec. 15. Outdoor heritage, clean water, parks and trails, and arts and cultural heritage; sales tax dedicated funds. Beginning July 1, 2009, until June 30, 2034, the sales and use tax rate shall be increased by three - eighths of one percent on sales and uses taxable under the general state sales and use tax law. Receipts from the increase, plus penalties and interest and reduced by any refunds, are dedicated, for the benefit of Minnesotans, to the following funds: 33 percent of the receipts shall be deposited in the outdoor heritage fund and may be spent only to restore, protect, and enhance wetlands, prairies, forests, and habitat for fish, game, and wildlife; 33 percent of the receipts shall be deposited in the clean water fund and may be spent only to protect, enhance, and restore water quality in lakes, rivers, and streams and to protect groundwater from degradation, and at least five percent of the clean water fund must be spent only to protect drinking water sources; 14.25 percent of the receipts shall be deposited in the parks and trails fund and may be spent only to support parks and trails of regional or statewide significance; and 19.75 percent shall be deposited in the arts and cultural heritage fund and may be spent only for arts, arts education, and arts access and to preserve Minnesota's history and cultural heritage. An outdoor heritage fund; a parks and trails fund; a clean water fund and a sustainable drinking water account; and an arts and cultural heritage fund are created in the state treasury. The money dedicated under this section shall be appropriated by law. The dedicated money under this section must supplement traditional sources of funding for these purposes and may not be used as a substitute. Land acquired by fee with money deposited in the outdoor heritage fund under this section must be open to the public taking of fish and game during the open season unless otherwise provided by law. If the base of the sales and use tax is changed, the sales and use tax rate in this section may be proportionally adjusted by law to within one - thousandth of one percent in order to provide as close to the same amount of revenue as practicable for each fund as existed before the change to the sales and use tax. [Adopted, November 4, 2008] https: / /www.revisor.nm.gov /constitution/ I 11/9/2011 A'L6 6, Y II 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 Administrat FROM: Commander Kevin Halweg — Anoka County Sheriff's Office SUBJECT: Anoka County Sheriffs Office Monthly Report - Sheriff DATE: November 15, 2011 INTRODUCTION Commander Kevin Halweg from the Anoka County Sheriff's Office will be present to provide the Council and the citizens of Andover with an update on law enforcement activities within the City. DISCUSSION To be verbally presented. ACTION REQUIRED For Council information. Respectfully submitted, Commander Kevin Halweg Anoka County Sheriff's Office .9%NDOVTE 1665 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator Dave Carlberg, Community Development Director Courtney Bednarz, City Planni FROM: Andrew Liska, Planning Intern SUBJECT: Consider Variance to Location and Setback Requirements of City Code 12 -6 -5 for Accessory Structure at 2102 142nd Lane NW — Planning DATE: November 15, 2011 INTRODUCTION The applicant is requesting a variance to allow an existing accessory structure to remain at its present location in the utility and drainage easement and less than 5 feet from the side property line and 10 feet from the rear property line. City Code 12 -6 -5 (attached) does not permit accessory structures to be located in the easement and requires a 5 foot minimum setback from side and rear property lines unless more restrictive easements exist. The survey for this property shows a 5 foot easement on side property lines and a 10 foot easement in the rear property line. DISCUSSION The attached survey and photographs show the location of the accessory structure in relation to the easements. The attached letter provided by the applicant addresses the difficulty in locating the accessory structure in compliance with the City Code. BACKGROUND This issue was brought to the City's attention due to its location and size. An inspection by Don Olson of the Building Department revealed that the current location of the accessory shed is on the rear property line and 3 feet off the side property line. Also, that the accessory structure is 12' x 14', which exceeds the 120 sq. ft. maximum size without a building permit. A building permit was not applied for prior to erecting. The accessory structure is anchored to its current location using a concrete adhesive connecting paver stones to treated 2 x 4 lumber. Review Criteria The city has adopted new standards for variances to conform with state statute. City Code 12 -14 -7 is attached. Intent of the Ordinance The rationale behind setback and location requirements serves two purposes. It keeps the easement free from development to better accommodate future utility and drainage needs of the City. It also allows property owners the reasonable use of their property while not being detrimental to abutting properties and the neighborhood. Planning Commission Recommendation The Commission recommended denial of the proposed variance. The Commission noted that easements are to remain free from structures and mentioned there is ample room in the rear yard to locate said accessory structure in compliance with the City Code. STAFF RECOMMENDATION Staff discussed with the applicant other locations in the rear yard where the accessory structure could be located in compliance with the City Code. Staff does not recommend approval of the variance. ACTION REQUESTED The Council is asked to compare the variance request with the review criteria of City Code 12- 14-7 and to approve or deny the proposed variance. The attached resolution for denial has been prepared based on the discussion and recommendation of the Planning Commission. The minutes from the meeting will be included in a supplemental. Attachments Resolution City Code 12 -14 -7 Location Map Applicant's Letter Survey Photographs Applicant's Sketch Petition — Kensington Estates City Code 12 -6 -5 Respectfully submitted, Cc: Ryan and Anna Dostal 2102 —142 °d Ln. NW 2 . CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION DENYING A VARIANCE TO THE ACCESSORY STRUCTURE SETBACK REQUIREMENTS OF CITY CODE 12 -6 -5 FOR PROPERTY LOCATED AT 2102 —142ND LANE NW LEGALLY DESCRIBED AS LOT 8, BLOCK 2, KENSINGTON ESTATES 3RD ADDITION, ANOKA COUNTY, MINNESOTA WHEREAS, the Planning Commission has held a public hearing and reviewed the request to vary from City Code 12 -6 -5 to allow an existing accessory structure to remain located in the side and rear utility and drainage easements, and; WHEREAS, the City Council has received the recommendation of the Planning Commission, and; WHEREAS, the City Council finds the request is not in harmony with the purposes and intent of the ordinance because the accessory structure encroaches into the drainage and utility easement; and WHEREAS, the City Council finds the request is not consistent with the Comprehensive Plan because it is in conflict with the ordinance which establishes minimum setback and location of accessory structures; and WHEREAS, the City Council finds the property owner intends to use the property in a reasonable manner not permitted by the ordinance because an accessory structure is a reasonable use of a residential property; and WHEREAS, the City Council finds there are not circumstances unique to the property that were not created by the landowner because there is ample room in the rear yard where the accessory structure could be located that would be in compliance with City Code; and WHEREAS, the City Council finds the variance will maintain the essential character of the locality because of its location in the rear yard; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover denies the proposed variance request to allow an accessory structure to remain located in side and rear utility and drainage easements and less than 5 feet from the side property line and 10 feet from the rear property line based upon the findings in this resolution. Adopted by the City Council of the City of Andover on this th day of , 2011. CITY OF ANDOVER ATTEST: Michelle Hartner, Deputy City Clerk 1 Michael R. Gamache, Mayor 12 -14 -7: VARIANCES: A. The City Council, as authorized by Minn. Stat. 462.354 subdivision 2, and Minn. Stat. 462.357, subdivision 6, shall have the authority to hear requests for variances from the requirements of the zoning ordinance and other sections of the City Code where variances are authorized, including restrictions placed on nonconformities. (Amended Ord. 8, 10 -21 -1970, Ord. 314, 10 -4 -2005; Amended Ord. 407, 6- 21 -11) B. Review Criteria: 1. Variances shall only be permitted when they are in harmony with the general purposes and intent of the official control and when the variances are consistent with the comprehensive plan. (Amended Ord. 407, 6- 21 -11) 2. Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the official control. "Practical difficulties," as used in connection with the granting of a variance, means: a. The property owner proposes to use the property in a reasonable manner not permitted by an official control; b. The plight of the landowner is due to circumstances unique to the property not created by the landowner; c. The variance, if granted, will not alter the essential character of the locality; d. Economic considerations alone do not constitute practical difficulties. (Amended Ord. 407, 6- 21 -11) C. Conditions Authorized: The City Council may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. (Amended Ord. 407, 6- 21 -11) D. Specific Variances Authorized: No variance may be granted that would allow any use that is not allowed in the zoning district in which the subject property is located, except as follows: (Amended Ord. 407, 6- 21 -11) 1. Variances shall be granted for earth sheltered construction as defined in Minn. Stat. 216C.06, subdivision 14, when in harmony with the official controls. (Amended Ord. 407, 6 -21- 11) 2. Variances may be granted for the temporary use of a one family dwelling as a two family dwelling. (Amended Ord. 407, 6- 21 -11) E. Procedure: The procedure for granting variances is as follows: 1. Request For Variance; Fee: A person desiring a variance shall fill out and submit to the Community Development Director a request for variance application form together with a fee as set forth by ordinance'. A public hearing shall be held by the Planning Commission as provided in City Code 12 -14 -8. (Amended Ord. 342, 3 -6 -07; Amended Ord. 407, 6- 21 -11) ' See subsection 1 -7 -3H of this code. Li 2. Planning and Zoning Commission Review: A public hearing shall be held by the Planning and Zoning Commission as provided in City Code 12 -14 -8. The Planning Commission shall make a recommendation to the City Council based upon the provisions of City Code 12 -14 -7. (Amended Ord. 407, 6- 21 -11) 3. City Council Action: The City Council may grant the variance based upon the provisions of City Code 12 -14 -7 request if it will be in keeping with the spirit and intent of this title and if it finds that strict enforcement of this title will cause undue hardships because of circumstances unique to the individual property under consideration. Economic considerations shall not constitute an undue hardship if reasonable use of the property exists under the terms of this title. (Amended Ord. 407, 6- 21 -11) 4. Appeals: The petitioner, if appealing an interpretation of this title by an employee of the city which would require him /her to obtain a variance, shall have the fee refunded if his /her appeal is upheld by the City Council. 5. Emergency Variance Requests: The City Council may waive Planning and Zoning Commission review and take immediate action on emergency variance requests that affect the immediate health, safety and welfare of the citizens of Andover or if time constraints present severe hardship to the applicant. The applicant is required to show the immediacy of the issue and the potential health, safety or welfare threat. The City Council shall determine if the request warrants immediate review. (Amended Ord. 407, 6- 21 -11) 6. Time Limit On Implementing Variance: If the City Council determines that no significant progress has been made in the first twelve (12) months after the approval of the variance, the variance will be null and void. (Amended Ord. 8, 1 LOCAT ION MAP: ANL66WA 2102 - 142nd Ln. NW N Disclaimer: This information is being distributed as demonstration data only. You should not use the data for any other purposes at this time. This information is to be used for reference purposes only. w E Copyright ©2011 CityofAndover, All Rights Reserved s - 6 - City of Andover We are writing this letter because we would like a variance granted for our shed we built on our property which is located at 2102 142n4 Ln NW Andover, MN 55304. The shed size is 12'x 14' and is 11' tall with a barn style roof that has the same style and color shingles as the house and is also painted the same color of the house as well for aesthetics on the property. The reason we are asking for a variance is we would like to have the shed near the fence so it is tucked nicely in the corner to save space in our yard as we have a very extensive landscape in the backyard with a large patio, outdoor fireplace and outdoor kitchen. If the shed was built 10' off the rear property line it would be too close to the fireplace and would cause unnecessary safety concerns. The shed was constructed and placed on a paver patio where it currently is near the property line on the back of the property and 3' off the line on the side of the property. Before we built the shed, we asked the neighbors adjoining our property where the shed was going to be built if they had any concerns with the location of the shed and they all said they were totally fine with the location of the shed. At the time, we did not know there was a 10' back easement and a S' side easement and we thought if we had our fence back there that it would be ok for the shed as well. On Monday, September 19'h the City Inspector (Don) was at the house and he stated that the city received a call from a homeowner saying they should stop by to make sure the shed was up to code. We had no problem taking Don back to look at the shed and he looked at where it was located and said we would need a variance for the location of the shed. At quick glance, he stated that the shed looked great. We went to City Hall and got the paperwork for the building permit and variance and took them home. We are asking you, The City of Andover, to please grant this variance because there is no other location in the yard for the shed that will not disrupt full grown trees, existing landscaping or cause unnecessary safety concerns. Since the location of the shed is a concern, we will take on any expenses required if anything needs to be done to the easement in the future. However, this is highly unlikely due to the excellent drainage and the sandy soil. This shed will be very difficult to move as it is heavy and all the green treated 2x4's are glued to the paver patio with very strong concrete adhesive. Lastly, the shed will not fit into the backyard if we move it as it will be on the fireplace. We are not looking to complain, we are just looking for your help and would greatly appreciate it. There are about 6 properties in the area that do not look like they pass the offset code and we know one for sure that is exactly the way we have it where the shed is tucked into the corner. That property is 2128142nd Ave. NW. The other 5 properties are 2188141 Ave. NW, 2200141 Ave. NW, 2164141` Ave. NW, 2116 141 Ave. NW, 2212 141't Ave. NW. We can't say for sure if it is over or not but from the aerial view online, it looks like they are. We also have signatures from all of our adjoining neighbors stating that they are totally fine with the location of the shed. We appreciate your time and would love to work with you to make this best for all of us. We are also planning a permeable paver driveway for next summer and would love to have you involved in the project as this product is fairly new to the market. We would like to reduce runoff by 100% onto road and capture all rainwater and reuse for irrigating our yard. As you can see, we want to raise a family in Andover and are spending money on our property for the future so we can live here for years to come. If you have any questions, please call anytime at 612 -240- 4478. Sincerely, Ryan and Anna Dostal f l y 1 `l ly N.Ce HOIUM AND ASSOCIATES, INC. P. 0. BOX 33026 -COON RAPIDS, MINN. 55433 10731 MISSISSIPPI BLVD. N.W., COON RAPIDS, MN CERTIFICATE OF SURVEY: S. W. WOLD CONSTRUCTION, INC. 3 79 9 _ a I 69��M I M 9 " I$910 2e b. B9 0 g15 L4 r.1 x/ it /'RIJI' Il0U5 e -8,67 o ¢3 J gy1.5 ggq,1 I i I 07711_17-Y d' r✓IMINAc� Q —88.o- A5 ,T \ APPROVED STPOAF:") �altar ur On Siva `ZYa", Y a= w. ., FOR FOOTI2If NISPECN021. 6 1 2 1 VA LAND SURVEYORS Telephone 421 -7822 SCALE: 1° = 3( 6926- 262/25r2i 4 77't//�--4 I Denotes Iron I -Ep Denotes Wood Hul 0 Denotes existil elevation I Lot B. Block 2, KENSINGTON ESTATES 3RD ADDITIO] Anoka CountYr MN ro : gq�•$ GARAGE FLOOR SHALL BE MINIMUM 18M ABOVE EXISTING STREET GRADE WITH "C� MAXIMUM SLOPE OF 10 PERCENT. GE FLOOR = 899.0 PROPOSED TOP OF BLOCK = 899.4 PROPOSED LOWEST LEVEL = 891.4 I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY OF THE BOUNDARIES OF THE ABOVE DESCRIBED LAND, AND THE staking of a proposed house. 17th October 91 ASSURVEYED BY ME THIS ...................DAY OF .................. ...........................A.D. 19............... N.C. HOIUM ANDD�A�gSSOCI ES C. , ri l r.:... G ��" � .............. ..... ............................... Minnesota Registration f:a 2.% ................... $q�y4 �9 77T/ rri r I 69��M I M 9 " I$910 2e b. B9 0 g15 L4 r.1 x/ it /'RIJI' Il0U5 e -8,67 o ¢3 J gy1.5 ggq,1 I i I 07711_17-Y d' r✓IMINAc� Q —88.o- A5 ,T \ APPROVED STPOAF:") �altar ur On Siva `ZYa", Y a= w. ., FOR FOOTI2If NISPECN021. 6 1 2 1 VA LAND SURVEYORS Telephone 421 -7822 SCALE: 1° = 3( 6926- 262/25r2i 4 77't//�--4 I Denotes Iron I -Ep Denotes Wood Hul 0 Denotes existil elevation I Lot B. Block 2, KENSINGTON ESTATES 3RD ADDITIO] Anoka CountYr MN ro : gq�•$ GARAGE FLOOR SHALL BE MINIMUM 18M ABOVE EXISTING STREET GRADE WITH "C� MAXIMUM SLOPE OF 10 PERCENT. GE FLOOR = 899.0 PROPOSED TOP OF BLOCK = 899.4 PROPOSED LOWEST LEVEL = 891.4 I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY OF THE BOUNDARIES OF THE ABOVE DESCRIBED LAND, AND THE staking of a proposed house. 17th October 91 ASSURVEYED BY ME THIS ...................DAY OF .................. ...........................A.D. 19............... N.C. HOIUM ANDD�A�gSSOCI ES C. , ri l r.:... G ��" � .............. ..... ............................... Minnesota Registration f:a 2.% ................... i. 1 tin IfiHIIIII& '�y -fir• ., t � �. � 1.. ' A6 nar ro xy =sti r` IAA^ ry ty., � 5 � own, r: !.Mp 4 w / t} 'ctt �, a�rT,T, 'wvt! .:�jG �Jy �; r,ti .. -1• t J :', /.n a �. 1'.y ♦ �jr�w *Y �Z'. w Ly r • 3 i'�.��•�i°'Aw Jt� r X10: +.=.. 1 1 11 r I d r � ice; � 1/ Y� • N � I tai ,, , . 6F" i i Ai 4t. r r� uiiR i r r W's,q,. ....r. ... Fes'"-- Misr .wrd: �.m .. ..rr.•a'K"- +MW.y.. R• ry vt,. aaY2w„ s. ZV rt � 4 i { jq2-mil LA f)(, -4c oovs'e- 00 00 o 0 a ------- �l F 2-oclo I I tc�' LA k4 O-J4 rect IS 4ac-q K4c)%4fj\', 0/ 4; 1 r tf* Shed L.i 0.G.. O&A-ur c. C7 �C7 114� A* EqZ Iql"" A4e- NJJ KENNSINGTON ESTATES Petition for the property of 2102 142 "d Ln NW Andover MN 55304. Reason for petition: Ryan and Anna Dostal are asking for permission to place Brand New 12x14 shed on the South East corner of the property lines on the Drainage and Utility Easement. If you are FOR them placing their shed on the line against their fence, please put your name and phone number next to your address and sign as well. Your support is greatly appreciated. ADDRESS NAME SIGNATURE PHONE 2022 142nd Ln NW f oi'A-- I I-, t 111 1 / Q /9 37 13/_ ..i; 31 2038142 nd Ln NW -1 No kafie, �V', 4 ( vacarr LL+) 2066142nd Ln NW 5 4WS 142nd Ln NW 2078142nd Ln NW 2090142nd Ln NW 2102142 nd Ln NW 2114142nd Ln NW &Trzo . Jl�i 7�- %mil d�a<o 3�1 IXeVI-kI Snell �G3 -7s7- �7yy .Sr �k�,,Jj 765-W1j -Z59? ScO is � / /j 104�0�ne tx-�s. 2126142 "d 4U Ln NW � Iy - 7C- 3 -- 7S `) _ 0?05 &17 -L(10 -yq 78 /"L 2..� 7W4 6)(5 ADDRESS 2-031 4W 142nd Ave NW 2039142 nd Ave NW NAME pf�� Oil SIGNATURE �JO NOM 80; ) � ( UC4. CQ� La,�) PHONE (�IZ-7Lj7 -D37 IM 142nd Ave NW �o I J� /V�'C �% 1 U �P� i I/ 2067142 nd Ave NW G' 114 v6ty w 2079142 nd Ave NW 71,375769!�L 7 -2,03'Z2 7 2091142 nd Ave NW 7K3 7;-7-5-7/— 5 -7/- 2103142 nd Ave NW • (�S( "`�8T- a��S7� 2115 142nd Ave NW � �r tnl r� p (� -7 C 3� l 101C f{ L Ij Q 2127142nd Ave NW f3Z� 2139142nd Ave NW 2151 142nd Ave NW – }17 (5) acres or less, but more than one acre, shall not exceed the total square footage of land covered by the foundation of the principal structure. C. The attached garage and detached accessory buildings on a residential parcel in the R-4 zoning district or any property less than one acre shall not exceed one thousand two hundred (1,200) square feet total, and in no case shall the detached accessory building be greater than fifty percent (50 %) of the total square footage of the foundation of the principal structure. (amd. Ord. 314, 10 -4 -2005) D. All principal structures constructed within the single - family urban residential (R-4) district after the effective date hereof shall have an attached garage with a minimum size of four hundred forty (440) square feet. E. All detached accessory buildings within the single - family urban residential (R -4) zoning district shall have a minimum 4:12 roof pitch. F. All detached accessory buildings shall be constructed to be similar in design and exterior finish material so as to be compatible to the principal structure, except as stated in Subsection G of this section. G. Exterior Finishes: No permanent sheet metal, painted or unpainted accessory building, except small garden sheds not exceeding one hundred twenty (120) square feet, shall be allowed on parcels of three (3) acres or less in all residential districts and within the metropolitan urban service area (MUSA) boundary. The foregoing shall not apply to painted and finished metal siding normally used on residential structures. (Ord. 8NNNNNN, 7 -16 -2002) 12 -6 -5: LOCATION AND SETBACK REQUIREMENTS: A. Private Garages Facing Public Ways: When a private garage is oriented so as to face onto a public right -of -way, it shall not have less than the minimum required setback for the principal structure as measured from the lot line. B. In Residential Districts: 1. Accessory buildings and structures located in residentially zoned districts shall have a minimum setback of five feet (6) from side and rear lot lines unless an easement exists that is more restrictive. (Amended Ord. 314,10-4-2005) 2. Accessory buildings and structures located in a yard adjacent to a -16 -- County road shall have a minimum setback fifty (50) feet from the property line in all residential zoning districts except for the R-4 district, where the setback shall be forty (40) feet. (Amended Ord. 314, 10-4- 05) 3. Accessory buildings and structures located in a yard adjacent to a City street shall have a minimum setback forty (40) feet from the property line in R -1 and R -2 zoning districts and thirty -five (35) feet in R -3 and R-4 zoning districts. (Amended Ord. 314, 10 -4 -05) 4. Accessory structures located in the side or rear yard of corner lots that are adjacent to a lot that fronts on a cul -de -sac shall be no closer to the property line than the outside wall of the house. (Amended Ord. 325A, 4- 18 -06) 5. Where less than 120 feet of right -of -way exists for county roads or arterial streets, setbacks for all structures shall be measured assuming a sixty-foot right -of -way on each side of the existing right -of -way centerline. (Amended Ord. 314, 10 -4 -05) 6. Where less than the minimum roadway right -of -way required by City Code 11 -3 -3 exists, setbacks for all structures shall be measured assuming right -of -way required by City Code 11 -3 -3. (Amended Ord. 314, 10 -4 -05) C. In Business And Industrial Districts: Accessory buildings in the business and industrial districts shall not be closer than ten feet (10') from side and rear lot lines subject to provisions for the abutting residential zone provided herein. D. Location In Rear Yard Setback Areas Generally: An accessory building may be located within the rear yard setback, provided said accessory building does not occupy more than twenty five percent (25 %) of a required rear yard. E. Prohibited In Drainage And Utility Easements: All accessory buildings and structures shall not be constructed or placed in a drainage or utility easement. F. Front Yard Setback Requirements: No detached garages or other accessory buildings shall be located nearer the front lot line than the principal structure except as follows: 1. On residential parcels with a lot area of one acre or more, a detached garage or accessory building may be constructed closer to the front lot line than the principal structure; however, the minimum distance it may —I -� - be from the front lot line is sixty feet (60') subject to City Code 12 -6 -5. (Amended Ord. 314,10-4-2005) 2. All detached garages or accessory buildings constructed nearer the front lot line than the principal structure shall be similar in design and exterior finish material so as to be compatible with the principal structures. (Ord. 8NNNNNN, 7 -16 -2002) G. Animals: Any building in which farm animals, pleasure /recreational animals or poultry are kept shall be a distance of one hundred feet (100') or more from any other occupied residence, and any open or roofed enclosure in which such animals are kept shall be a distance of fifty feet (50') or more from any occupied residential lot. The City Council may order the owner of any such animals to apply for a Conditional Use Permit if it is deemed to be in the interest of the public health, safety, or general welfare. (Amended Ord. 8,10-21-1970; amd. 2003 Code; Amd Ord. 314 10-4 -2005; Amd. 4/18/06, Ord. 325A) 12 -6 -6: TEMPORARY STRUCTURES: Temporary structures shall be required to obtain a Conditional Use Permit, as otherwise provided by this title. The Conditional Use Permit for a temporary structure shall be reviewed subject to the following regulations: A. Temporary structures governed by this chapter shall be allowed by Conditional Use Permit in all zoning districts. B. There shall be a time limit established for temporary structures to remain on a site as a part of the Conditional Use Permit review during the construction process. Temporary structures allowed by administrative approval, other than construction trailers, shall be limited to six (6) months in duration. The City Council may extend the six (6) month time limit, if special circumstances exist. C. Prior to issuance of a building permit, a site plan review must also be approved. D. Security measures such as lighting and including connections to the main building shall be reviewed as a part of the Conditional Use Permit. E. Parking shall be subject to the provisions of Section 12 -14 -10 of this title. F. Signage shall be subject to the provisions of Section 12 -14 -9 of this title. G. The Conditional Use Permit will address the date the temporary structure shall be removed from the property. The applicant will provide a written long -term plan for its removal. - 1100 - .., .,. _ 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrato Dave Carlberg, Community Develop ent Director FROM: Courtney Bednarz, City Planneg SUBJECT: Consider Variance to Side Yard Setback Requirements of City Code 12 -3 -5 for House Addition at 2067 142nd Avenue NW - Planning DATE: November 15, 2011 INTRODUCTION The applicant is requesting a variance to construct an addition to an existing home that would encroach into the ten foot side yard setback. DISCUSSION The existing house is located 19.83 feet from the side property line on the side of the house where the addition is proposed as shown on the attached survey. The proposed addition would extend 12 feet toward the property line, resulting in a distance of 7.83 feet to the property line. There is an existing deck at this location that extends 14 feet from the side of the house and 5.83 feet from the property line. Review Criteria The city has adopted the new standards for variances to conform to state statute. City Code 12 -14 -7 is attached. The applicant has provided the attached letter and building plans to address the review criteria. Intent of the Ordinance The purpose of requiring yards is to provide for yard area around structures to ensure adequate privacy, desirable and safe visibility; natural light, ventilation, and sunlight; access to and around buildings; buffering between uses; and space for landscaping, gardening, and recreation. Existing Deck In reviewing the building permit file and permit system for this address it appears no permit was issued for the existing deck. In the event the variance for the porch addition is approved, this issue would be resolved with the completion of that project. If the variance is not approved, the deck will need to be modified to conform to the City Code. In reviewing this issue with the Building Department, decks have been considered an accessory structure if they are self supporting with posts and not the ledger board on the house. This would involve constructing posts with footings to support the deck adjacent to the house and detaching the deck from the ledger board. This would allow use of the five foot side yard setback for accessory structures. A building permit would be necessary to complete this project. Staff Recommendation While not ideal, the addition could be reduced in width to conform to the 10 foot side yard setback. Additionally there is room for an addition on the rear of the house with a gable style roof design. Staff does not recommend approval of the variance. Planning Commission Recommendation The Commission unanimously recommended denial of the proposed variance. The Commission noted that ten foot setback was uniformly established to provide a minimum separation between homes, that topography was not an issue and that the property line had not changed since the home was initially constructed in 1992. ACTION REQUESTED The Council is asked to compare the variance request with the review criteria of City Code 12- 14-7 and to approve or deny the proposed variance. The attached resolution for denial was prepared based on the discussion of the Planning Commission. The minutes from the meeting will be included in a supplemental. Attachments Resolution Location Map Survey Applicant's Letter Additional Letter from Applicant Porch Details City Code 12 -14 -7 Respectfully submitted, Cc: Pat and Bonnie Hayek 2067 142nd Avenue NW CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION DENYING A VARIANCE TO SIDE YARD SETBACK REQUIREMENTS OF CITY CODE 12 -3 -5 FOR HOUSE ADDITION AT 2067 142ND AVENUE NW. LEGALLY DESCRIBED AS LOT 3, BLOCK 1, KENSINGTON ESTATES 6TH ADDITION (PID# 27- 32 -24 -34 -0075) WHEREAS, the Planning Commission has held a public hearing and reviewed the request to vary from City Code 12 -3 -5 to allow an addition to the existing house that would be less than the required ten feet from the side property line, and; WHEREAS, the City Council received the recommendation of the Planning Commission, and; WHEREAS, the City Council finds the request is not in harmony with the purposes and intent of the ordinance because the ten foot setback was established to require a minimum separation between homes; and WHEREAS, the City Council finds the request is not consistent with the Comprehensive Plan because it is in conflict with the ordinance which establishes minimum separation between homes; and WHEREAS, the City Council finds the property owner intends to use the property in a reasonable manner not permitted by the ordinance because a porch is a reasonable use of a residential property; and WHEREAS, the City Council finds there are not circumstances unique to the property that were not created by the landowner because the topography does not affect the location of the porch, the required ten foot setback has not changed since the home was constructed and the property line has not changed since the home was constructed; and WHEREAS, the City Council finds the variance will not maintain the essential character of the locality because the ordinance was established to establish a minimum separation between homes; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover denies the proposed variance request to allow an addition to the existing house with less than the ten foot side yard setback required by City Code 12 -3 -5 based upon the findings in this resolution. Adopted by the City Council of the City of Andover on this th day of 12011. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Michelle Hartner, Deputy City Clerk -3- 1 C I N Incorporated 1974 1442 51441 � 7Q T 2067 142nd Avenue NW Variance to Side Yard Setback Requirements 14430 ,3t7 -I - �Q mcb 4 ", 14375 Q�s 14357 3' 2 Ni 14335 14310 14315 rn ti LO M T M N O M CO T T T N N O N N N N /,,A �� � C4 - N O O Cf T O O r- CC _ . T r, o r r p 127 N n� r( A� 14435 N I (VOILA, OD 1 M CO LO N N 14150 1494 L, - N I N 14045 Location map 14435 N�'� W4 �E S (0 °qt o N N N N Ly0 N CO CCf) r 2101 C 14154 N N N N N C �CCO o rn to IT t°+� °o tO tY N N N N N N N T N O 20 LD `- M � MO r r` LO M r CA CO N h N N N N N T N N N N N N �� N CVO C. d' N N r O OD CEO to V N C N N _� _� O 14091 N N N N N N N N N 14085 C ,Yf NN Co, T rM T � CCN, T N TCc$ O TT N TV �CA T N T N T N T N T N T N 14049 CN N N L ,L 21 N O -T O OD O Cq 'T N fD �� eel TT TTTT O r( A� 14435 N I (VOILA, OD 1 M CO LO N N 14150 1494 L, - N I N 14045 Location map 14435 N�'� W4 �E S ROYAL OAKS CONSTRUCTION Property located in Section 27, Township 32, Range 24, Anoka County, Minnesota C,A.NT 7, Proposed Top of BI 91'7,3 Proposed Garage FI g o.� Proposed Lowest FI Type of Building - LP Ire 5 8800 811 -T.8 VI IS 0 l.l�'t l t �y � Dr�Ina9e, Easeme.nf -�'-+- N 5 r 897. 16so� 41'0' i ProPosecl :4 I2essdeltG� m Q'��`'U 8' tx&er m. aG a� $- Wy �fib3 £�Rb.o I `ai I o 7 u C1I O 0 Cartc..L�srb eft4.31 SIG 142ND A\/ E. N . -S - W5.b 'N. 3`13.10 -ne. APPnom STAMPED SUR MUST BE 031 JOB SITE FOR FOOTIANG INSPECTION, GARAGE FLOOR SHALE BE IAINIMU ABOVE EXISTING STREET GRADE W MAXIMUM SLOPE OF 10 PERCENT. \,/,&. C '&H x n t. . q q mar b' All Y ! h � '• i .Yr .. v.. «. 4 t. • > n 10 /13 /11 My wife and I would like to build a gunroom off the side of our house. There is already a deck there that can be upgraded to code for this purpose. It is the only place available for this type of porch. The home was originally built with this intent as the back and other side won't allow for anything like this without an extreme amount of reconfiguring inside and out. This represents a practical difficulty. This project was scaled down to 12' of projection from the current deck projection of 14'. To stay within code the room could only be 9.83 projection and this is not practical for use. 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M. co O DJ j t0 d N s 6 !T N X N N 3-0 O M M 0 Z O O O 3 w■ O C O W 12 -14 -7: VARIANCES: A. The City Council, as authorized by Minn. Stat. 462.354 subdivision 2, and Minn. Stat. 462.357, subdivision 6, shall have the authority to hear requests for variances from the requirements of the zoning ordinance and other sections of the City Code where variances are authorized, including restrictions placed on nonconformities. (Amended Ord. 8,10-21-1970, Ord. 314,10-4-2005; Amended Ord. 407, 6- 21 -11) B. Review Criteria: 1. Variances shall only be permitted when they are in harmony with the general purposes and intent of the official control and when the variances are consistent with the comprehensive plan. (Amended Ord. 407, 6- 21 -11) 2. Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the official control. "Practical difficulties," as used in connection with the granting of a variance, means: a. The property owner proposes to use the property in a reasonable manner not permitted by an official control; b. The plight of the landowner is due to circumstances unique to the property not created by the landowner; c. The variance, if granted, will not alter the essential character of the locality; d. Economic considerations alone do not constitute practical difficulties. (Amended Ord. 407, 6- 21 -11) C. Conditions Authorized: The City Council may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. (Amended Ord. 407, 6- 21 -11) D. Specific Variances Authorized: No variance may be granted that would allow any use that is not allowed in the zoning district in which the subject property is located, except as follows: (Amended Ord. 407, 6- 21 -11) 1. Variances shall be granted for earth sheltered construction as defined in Minn. Stat. 216C.06, subdivision 14, when in harmony with the official controls. (Amended Ord. 407, 6- 21 -11) 2. Variances may be granted for the temporary use of a one family dwelling as a two family dwelling. (Amended Ord. 407, 6- 21 -11) E. Procedure: The procedure for granting variances is as follows: —16- 1. Request For Variance; Fee: A person desiring a variance shall fill out and submit to the Community Development Director a request for variance application form together with a fee as set forth by ordinance. A public hearing shall be held by the Planning Commission as provided in City Code 12 -14 -8. (Amended Ord. 342, 3 -6 -07; Amended Ord. 407, 6- 21 -11) 2. Planning and Zoning Commission Review: A public hearing shall be held by the Planning and Zoning Commission as provided in City Code 12 -14 -8. The Planning Commission shall make a recommendation to the City Council based upon the provisions of City Code 12 -14 -7. (Amended Ord. 407, 6- 21 -11) 3. City Council Action: The City Council may grant the variance based upon the provisions of City Code 12 -14 -7 request if it will be in keeping with the spirit and intent of this title and if it finds that strict enforcement of this title will cause undue hardships because of circumstances unique to the individual property under consideration. Economic considerations shall not constitute an undue hardship if reasonable use of the property exists under the terms of this title. (Amended Ord. 407, 6- 21 -11) 4. Appeals: The petitioner, if appealing an interpretation of this title by an employee of the city which would require him /her to obtain a variance, shall have the fee refunded if his/her appeal is upheld by the City Council. 5. Emergency Variance Requests: The City Council may waive Planning and Zoning Commission review and take immediate action on emergency variance requests that affect the immediate health, safety and welfare of the citizens of Andover or if time constraints present severe hardship to the applicant. The applicant is required to show the immediacy of the issue and the potential health, safety or welfare threat. The City Council shall determine if the request warrants immediate review. (Amended Ord. 407, 6- 21 -11) 6. Time Limit On Implementing Variance: If the City Council determines that no significant progress has been made in the first twelve (12) months after the approval of the variance, the variance will be null and void. (Amended Ord. 8, 10 -21 -1970) See subsection 1 -7 -3H of this code. — U- 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 a (763) 755 -5100 FAX (763) 755 -8923 a WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members FROM: Jim Dickinson, City Administrator ❑Gb SUBJECT: Schedule Commission Interview Dates/Discuss Community Center Advisory Commission By -Laws DATE: November 15, 2011 INTRODUCTION The Council is requested to schedule Commission interview dates and to provide direction to staff relative to the Community Center Advisory By -Laws. DISCUSSION Commission Interviews: Commission vacancies were identified in the November/December 2011 Andover Today Newsletter. An application deadline of December 9, 2011 was set. Prospective candidates are interested in when the interview dates will be, so staff is requesting the City Council set a few dates aside to interview the candidates. Community Center Advisory Commission By -Laws: Relative to the Community Center Advisory Commission the current By -Laws indicate the following: 1.03 MEMBERSHIP, TERM OF APPOINTMENTS The term member of each commissioner shall be three (3) years. Commissioners shall serve until their successor is appointed and qualified. The City Council reserves the right to waive this rule. No member shall serve more than two successive terms or six (6) years, whichever is longer. Initial appointments shall include three (3) three -year terms, three (3) two -year terms, and one (1) one -year term. A current commissioner is considering reapplying, but would be prohibited by the By -Law restriction. The question is does the Council want to change this section of the By -Laws? ACTION REQUESTED Schedule Commission interview dates and provide direction to staff on the Community Center Advisory commission By -Laws. ANDOVER COMMUNITY CENTER ADVISORY COMMISSION The City is seeking qualified individuals to serve a 3 -year term on the Andover YMCA Community Center Advisory Commission. The Commission serves in an advisory ca- pacity to the City Council. The commis- sion meets the 211d Monday of each month and there is no compensation for this posi- tion. For more information contact Erick Sutherland, Recreational Facilities Man- ager at the Andover YMCA Community Center (763) 767 -5100. PARK & RECREATION COMMISSION The City is seeking two individuals to serve 3 -year terms on the Park & Recreation Commission. The Commission serves in an advisory capacity to the City Council and reviews matters concerning park and recreation programs, park dedication requirements for new developments and proposed new park construction projects. Individuals seeking to fill the vacancies must have interest in public policies, willingness to learn, problem solving COMMISSION VACANCIES and communication skills and be able to contribute to positive decision making. The Commission members are compensated and meetings are held the first and third Thursday of each month in the evenings. For more information, please contact Todd Haas, Assistant Public Works Director at (763) 767 -5131. PLANNING & ZONING COMMISSION The City is seeking individuals to serve 3 -year terms on the Planning Commission. The Commission serves in an advisory capacity to the City Council and reviews matters concerning City planning and development issues. The Planning Commission members are compensated and meetings are held the second Tuesday of each month in the evenings. For more information, please contact Courtney Bednarz, City Planner at (763) 767 -5147. OPEN SPACE COMMISSION The City is seeking individuals to serve 3 -year terms on the Open Space Commission. The Commission serves in an CITY OF ANDOVER WANTS TO KNOW WHAT YOU THINK... As part of the City's commitment to our residents, a link to a community survey is below. The purpose of this survey will be to measure the level of satisfaction with City programs and services. The survey will be available through December 1, 2011. The link is also available on the City's website at www. andovermn. eov httpa/ www .surveymonkeycom /s /Andover2011 advisory capacity to the City Council and reviews matters concerning preservation of open space issues. Commission members are compensated and meetings are held on the second Wednesday of each month in the evenings. For more information, please contact Courtney Bednarz, City Planner at (763) 767 -5147. Advisory Commission applications may be obtained at City Hall or on the City website at wwwandovermn.us Deadline is 4:30 p.m., Friday, December 9, 2011. Applicants will be interviewed by the City Council in January. SALVATION ARMY DONATION DROP BOX The Salvation Army has placed a Donation Drop Box at our Recycling Center on Tower Drive. Donate your gently used clothing and housewares. If you want a home pick -up for larger items, call (612) 332 -5855. It is very important that all items brought are clean and in good condition. WANTED! CITIZEN ADVISORY COMMITTEE MEMBERS FOR COON CREEK WATERSHED DISTRICT The CCWD has opened up applications for volunteers to serve on our Citizen Advisory Committee (CAC). Visit wwwcwoncreekwd.org or contact (763) 755 -0975. Deadline is November 15, 2011. 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Schedule December EDA meeting DATE: November 15, 2011 INTRODUCTION The Council is requested to schedule an Economic Development Authority (EDA) meeting at 6:00 pm before the December 20, 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. Adopt 2012 EDA Budget 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 December 20, 2011 City Council meeting. am A C I T Y 0 F A 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: FROM: SUBJECT: DATE: Mayor and Councilmembers Jim Dickinson, City Administrator Administrator's Report November 15, 2011 The City Administrator will give a brief verbal update on various items of interest to the City Council and to the residents at the meeting. Listed below are a few areas of interest: 1. Administration & City Department Activities 2. Legislative 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. submitted, ANL6 6V9^ DATE November 15, 2011 ITEMS GIVEN TO THE CITY COUNCIL • October 2011 Monthly Building Report PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA. THANK YOU. GASTAFFIRHONDAAIAGENDAICC LIST.doc 1 CITY OF ANDOVER 2011 Monthly B ul Iding Report _ TO: Mayor and City Council FROM: .Don Olsoa OCTOBER BUILDING ITS Permit/Plan Tax Total Valuation _ 9 Residential ( $ 21,507.47 is 913.50 S 22,420.97 is 1,827,000.00 Single Family 9 21,507.47 913.50 22,420.97 1,827,000.00 Septic _ Townhome - Additions - Garages 2 Basement Finishes 200.00 10.00 210.00 3 Commercial Budding 2,251.67 55.30 2,306.97 110,600.00 1 Pole B1dgsBarns 828.88 _ 18.00 846.88 36,000.00 Sheds Swimming Pools - Chimney /Stove/Fireplace - 3 Structural Changes 970.86 1 20.85 991.71 41,400.00 4 ,Porches 532.70 7.70 540.40 15,400.00 4 'Decks 325.75 _ 3.65 329.40 7,300.00 Gazebos Repair Fire Damage - 27 Re -Roof 2,025.00 135.00 2,160.00 10 Siding 750.00 50.00 800.00 1 Odter 38.75 0.50 39.25 1,000.00 2 Commercial Plumbing 5,470.74 248.15 5,718.89 496,300.00 2 Commercial Heating 8,690.80 459.23 9,150.03 918,450.00 Commercial Fire Sprinkler - Commercml Utilities - Commercial Grading - - 68 Total Building Permits $ 43,592.62 $ 11921.88 1 $ 45,514.50 $ 3,453,450.00 BeeeeeeeeI PERMITS Permit/Plan Tax Total Fees Collected 68 Budding Perouts $ 43,592.62 S 1,921.88 $ 45,51450 $ 3,453,450.00 - Alt Building - - . Curb Cut - Demolition - - iFirePetmits - - Footing - Renewal - Moving _ - 30 'Heating 2,440.00 150.00 2,590.00 13 Gas Fireplaces 975.00 65.00 1,040.00 31 Plumbing 2,510.00 155.00 2,665.00 194 Pompous; 2,910.00 2,910.00 1 Septic New 75.00 - 75.00 4 Septic Repav 300.00 300.00 8 Sewer Hook -Up, 200.00 - 200.00 9 Water Meter 450.00 t-- - 450.00 1 Sewer Change Over/Repair 50.00 5.00 55.00 1 Water Change Over/Repair 50.00 5.00 55.00 Sac Retamage Fee 180.00 180.00 _8 8 Sewer Admin. Fee 120.00 120.00 9 Certificate of Occupancy 9000 90.00 9 License Verification Fee 45.00 45.00 7 Reinspecrion Fee 431.00 431.00 9 Contractor License I 450.00 450.00 1 IS Rental License - Single 750.00 1 750.00 4 Rental License -Mull 300.00 300.00 51 Electrical Permit 3,670.49 L _ 255.00 3,925.49 480 TOTALS I IS 59,589.11 $ 2,556.88 $ 62,145.99 i_ $ 3,453,450.00 Total Number of Homes YTD 2011 51 Total Number of Homes YTD _ 2010: 65 j Total Valuation YTD: _ 2011 _ IS 25,448,864.64 Total Valuation YTD 1 _ 2010 $ Total Building Department Revenue YTD 2011 �18,7377.81 $ 3 Total Building Department Revenue YTD -- 2010 $ 8 _ Y 0 F O ` � L, 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: Mayor & Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Supplemental Agenda Item for November 15, 2011 City Council Meeting DATE: November 11, 2011 The City Council is requested to receive the following supplemental information. Consent Items Add -On Item. Approve License Agreement with Anoka County — Monument /Electronic Reader Board Sign (Supplemental) — Planning Discussion Items — Updated Resolutions and Planning & Zoning Commission Minutes Item #7. Consider Variance to Location & Setback Requirements of City Code 12 -6 -5 for Existing Accessory Structure Located at 2102 142,d Lane NW (Supplemental) - Planning Item #8. Consider Variance to Side Yard Setback Requirements of City Code 12 -3 -5 for House Addition at 2067 142nd Avenue NW (Supplemental) - Planning submitted, 1DOVE: -0� -�Llm I 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CLAN DOVER. MN. US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator FROM: David L. Carlberg, Community Development Director SUBJECT: Approve License Agreement with Anoka County — Monument/Electronic Reader Board Sign DATE: November 15, 2011 REQUEST The City Council is requested to approve the license agreement with Anoka County for the Crosstown Boulevard/Bunker Lake Boulevard monument/electronic reader board sign. BACKGROUND On November 8, 2011, the City received the attached license agreement from the Anoka County, Public Services Division, Highway Department to allow the City to install a monument/electronic reader board sign on the northeast corner of Crosstown Boulevard NW and Bunker Lake Boulevard NW. Upon Council approval of the agreement, the agreement will be returned to the County. The agreement will be then be approved by the County Public Works Committee and forwarded to the Anoka County Board for approval. ACTION REQUESTED Approve the license agreement as presented. Respectfully submitted, David L. Carlberg Attachments License Agreement Anoka County Contract No. 2011 -0572 LICENSE AGREEMENT THIS LICENSE AGREEMENT is made and entered into this day of 2011, by and between the County of Anoka, a political subdivision of the State of Minnesota, 2100 Third Avenue, Anoka, Minnesota 55303, hereinafter referred to as the "Licensor," and the City of Andover, a Minnesota municipal corporation, 1685 Crosstown Boulevard Northwest, Andover, Minnesota 55304, hereinafter referred to as the "Licensee." WHEREAS, the Licensor owns property located on the northeast corner of Bunker Lake Boulevard Northwest and Crosstown Boulevard Northwest, which is depicted in Exhibit A, which is attached hereto and incorporated herein ( "County Property "); and WHEREAS, Licensee desires to place a monument/electronic message sign on the Property, which sign is more particularly described in Exhibit B, which is attached hereto and incorporated herein ( "Improvements "); and WHEREAS, Licensee has requested and the Licensor has agreed to permit the Improvements on the County Property pursuant terms and conditions contained here. NOW, THEREFORE, in consideration of the mutual covenants and agreements stated herein, the parties agree as follows: I. GRANT OF LICENSE The Licensor hereby grants to Licensee a license to install, construct, maintain, replace, and repair the Improvements on the County Property at the location depicted in Exhibit A. II. LIMITATIONS OF LICENSE Licensor grants this License for the sole purpose of allowing the existence of the Improvements and Licensee's right to construct, install, maintain, replace and repair said Improvements on the County Property as provided herein. III. MAINTENANCE AND PAYMENT OF COSTS The Licensee shall be solely responsible for and pay for all costs associated with the construction, installation, maintenance, replacement, repair and /or removal of the Improvements _ on the County Property. After the construction and installation of the Improvements, the Licensee shall restore the topographic grade of the County Property to the grade elevation that existed prior to said construction and installation. IV. REMOVAL OF IMPROVEMENTS At such time as the County Property may need to be used to construct improvements to Bunker Lake Boulevard Northwest and /or Crosstown Boulevard Northwest, and upon written request of the Licensor, Licensee shall at its sole cost, remove the Improvements and restore the County Property to the condition it was in prior to the grant of this license. V. INDEMNIFICATION The Licensee agrees to and shall hold harmless the Licensor, its commissioners, officers, agents, and employees from any and all liability and claims therefore concerning (including attorneys' fees), related to or resulting. from the use of County Property for the purposes permitted herein. VI. COMPLIANCE WITH LAW Licensee agrees to comply with all applicable federal, state and local law ordinances, or any rules, regulations or standards of any agency of such governmental entity, which are applicable to the use of the County Property as provided for herein. IN WITNESS WHEREOF, the parties hereto have set their hands on the date so indicated. COUNTY OF ANOKA CITY OF ANDOVER Rhonda Sivarajah, Chair Anoka County Board of Commissioners Dated: 0 Jerry Soma County Administrator Dated: APPROVED AS TO FORM an Dan Klint Assistant County Attorney By: Name: Its: Dated: By: Name: _ Its: Dated: Dated: I:\atty \CIV\DK \CONTRACT\2011 Andover- LicAgree -I nstallSign- 2011- 0572.doc -2- Y O N a ✓ C v to j M. N 0-6 O h d V 'S AE.a6ro'mE ^ - J �' ,a •3 v 'v �cZ' ' r .�:•�3;,.: ° ?r„=v �':;: S4�i.::'ik� �=G�-- 'f'�,.; r -";a"r a`: c T � a rn _ : :3'�+f -�t' :.1 :. 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A RESOLUTION DENYING A VARIANCE TO THE ACCESSORY STRUCTURE SETBACK REQUIREMENTS OF CITY CODE 12 -6 -5 FOR PROPERTY LOCATED AT 2102 —142ND LANE NW LEGALLY DESCRIBED AS LOT 8, BLOCK 2, KENSINGTON ESTATES 3RD ADDITION, ANOKA COUNTY, MINNESOTA WHEREAS, the Planning Commission has held a public hearing and reviewed the request to vary from City Code 12 -6 -5 to allow an existing accessory structure to remain located in the side and rear utility and drainage easements, and; WHEREAS, the City Council has received the recommendation of the Planning Commission, and; WHEREAS, the City Council finds the request is not in harmony with the purposes and intent of the ordinance, which is to keep easements free from development to better accommodate future utility and drainage needs of the City, because the accessory structure encroaches into the drainage and utility easement; and WHEREAS, the City Council finds the request is not consistent with the Comprehensive Plan because it is in conflict with the ordinance which establishes minimum setbacks and locations of accessory structures; and WHEREAS, although the City Council finds that an accessory structure is a reasonable use of a residential property, in this case, the property owner's intended use of the property, as requested, is not reasonable as there exists alternative locations within the property to place the accessory structure so that it would be in compliance with Cites; and WHEREAS, the City Council finds there are not circumstances unique to the property that were not created by the landowner because there is ample room in the rear yard where the accessory structure could be located that would be in compliance with City Code; and WHEREAS, the City Council finds the variance will maintain the essential character of the locality because of its location in the rear yard; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover denies the proposed variance request to allow an accessory structure to remain located in side and rear utility and drainage easements and less than 5 feet from the side property line and 10 feet from the rear property line based upon the findings in this resolution. Adopted by the City Council of the City of Andover on this th day of 2011. CITY OF ANDOVER ATTEST: Michelle Hartner, Deputy City Clerk Michael R. Gamache, Mayor Regular Andover Planning and Zoning Commission Meeting DRAFT Minutes —November 8, 2011 Page 3 PUBLICHEARING: Variance (11 -03) to location and setback requirements of City Code 12- 6-5 for existing accessory structure located at 2102142 "d Lane NW. Mr. Liska noted the purpose of this item is to hold a public hearing and take input on a variance request at 2102 142 "d Lane NW. Mr. Liska reviewed the proposed variance with the Commission. Commissioner Cleveland questioned the size of the existing structure as it was larger than allowed through the zoning code. Mr. Liska indicated the homeowner would need to apply for a building permit to bring the structure into compliance. Commissioner Gudmundson asked if the drainage and utility easement ran behind each property along 142nd Lane. Mr. Liska stated this was the case. Commissioner Gudmundson inquired if the rear -yard fence was on the back property line. Mr. Liska stated the fences were on the rear property line within the easement. Mr. Bednarz explained fences are allowed up to the property line provided there are no underground utilities. Commissioner Cleveland asked if there were buried utilities under the accessory structure. Mr. Bednarz explained there were no utilities buried under the structure. Commissioner Holthus questioned if the previous variance standards would have allowed for this accessory structure. Acting Chairperson Kirchoff clarified the accessory structure ordinance had not changed, merely the variance review criteria. Commissioner Gudmundson inquired if a tree could be removed in the rear yard to allow for the accessory structure to be placed within the proper setbacks. Mr. Liska suggested this question be addressed with the applicant. Motion by Walton, seconded by Cleveland, to open the public hearing at 8:17 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent vote (Daninger). Ryan Dostal, 2102 142 "d Lane NW, explained the structure was built on September 17th to assist with his family's immediate storage needs. He indicated a building permit was not applied for prior to erecting the structure. He apologized for that, but requested the building remain in its present location. The shed was presently tucked into the rear corner of the lot and moving it 10 feet forward would place it close to an outdoor patio/barbeque area. Mr. Dostal noted he spoke with all three neighbors abutting his property before placing the shed in the rear corner. He also received signatures from each of the three neighbors at the lot corner and had support from every neighbor on the placement and location of the shed. Mr. Dostal indicated the shed had a permanent paver slab underneath it presently. He noted the building was painted and trimmed to match the primary structure. Mr. Dostal requested the Commission allow the structure to remain in its present location. Ann Dostal, 2102 142nd Lane NW, asked that the existing pine trees be allowed to remain as this provided screening for the neighboring properties. Regular Andover Planning and Zoning Commission Meeting DRAFT Minutes —November 8, 2011 Page 4 Commissioner Walton questioned why the homeowner did not approach the City before constructing the shed. Mr. Dostal indicated he was aware a building permit was needed for larger structures and intended to apply for the permit. He understood there were rear yard setbacks, but after walking through the neighborhood and seeing a number of sheds in the same location, he proceeded. Mr. Dostal explained that every property owner along 142nd and homes behind his property signed a petition of support for the placement of the shed. Motion by Cleveland, seconded by Walton, to close the public hearing at 8:26 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent vote (Daninger). Acting Chairperson Kirchoff reviewed the criteria for approval with the Commission. Commissioner Gudmundson stated the structure was not in harmony with City Code as the shed was encroaching on the drainage and utility easement. She indicated the guidelines for approval of a variance were strict so as not to set precedence. Acting Chairperson Kirchoff indicated he was not opposed to the shed, but stated the Commission had to follow the City Code on this issue. Commissioner Walton commented the Commission had to follow the City Ordinances even if the neighborhood was supportive. Eventually a neighbor would move, and could be burdened by the structure. Commissioner Cleveland stated the request was inconsistent with the comprehensive plan due to the violation being caused by the shed as it encroaches on the easement. Acting Chairperson Kirchoff indicated accessory structures are a reasonable use of the property. The Commission agreed. Commissioner Gudmundson stated the shed could be moved to meet City Code. Acting Chairperson Kirchoff agreed explaining the hardship was created by the homeowner placing the structure in its current location. He felt the overall character or aesthetics of the neighborhood would not be changed with the shed. He apologized to the homeowners for the lack of support, but stated it is unlikely that the City would amend the ordinance for this request. Motion by Cleveland, seconded by Olsen, to recommend the City Council deny Variance 11 -03, the location and setback requirement variance for an existing accessory structure located at 2102 142nd Lane NW as it does not meet the variance criteria for approval within City Code 12 -14 -7. Motion carried on a 6 -ayes, 0 -nays, 1- absent vote (Daninger). Mr. Bednarz stated that this item would be before the Council at the November 15, 2011 City Council meeting. Or CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION DENYING A VARIANCE TO SIDE YARD SETBACK REQUIREMENTS OF CITY CODE 12 -3 -5 FOR HOUSE ADDITION AT 2067 142ND AVENUE NW. LEGALLY DESCRIBED AS LOT 3, BLOCK 1, KENSINGTON ESTATES 6TH ADDITION (PID# 27- 32 -24 -34 -0075) WHEREAS, the Planning Commission has held a public hearing and reviewed the request to vary from City Code 12 -3 -5 to allow an addition to the existing house that would be less than the required ten feet from the side property line, and; WHEREAS, the City Council received the recommendation of the Planning Commission, and; WHEREAS, the City Council finds the request is not in harmony with the purposes and intent of the ordinance, which is beeause the ten feet sethaek ` ' ""'""' to require a minimum separation between homes to ensure adequate privacy, desirable and safe visibility, natural light ventilation and sunlight, to and around buildings-, buffering between uses, space for landscaping, gardening, and recreation; and WHEREAS, the City Council finds the request is not consistent with the Comprehensive Plan because it is in conflict with the ordinance which establishes minimum separation between homes; and WHEREAS, the City Council finds the property owner intends to use the property in a reasonable manner not permitted by the ordinance because a porch is a reasonable use of a residential property; and WHEREAS, the City Council finds there are not circumstances unique to the property that were not created by the landowner because the topography does not affect the location of the porch, the required ten foot setback has not changed since the home was constructed and the property line has not changed since the home was constructed; and WHEREAS, the City Council finds the variance will not maintain the essential character of the locality because it will reduce the established the o - din.,,,.e was established to establish ° minimum separation between homes required in this locality; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover denies the proposed variance request to allow an addition to the existing house with less than the ten foot side yard setback required by City Code 12 -3 -5 based upon the findings in this resolution. Adopted by the City Council of the City of Andover on this th day of 2011. CITY OF ANDOVER ATTEST: Michelle Hartner, Deputy City Clerk Michael R. Gamache, Mayor Regular Andover Planning and Zoning Commission Meeting DRAFT Minutes —November 8, 2011 Page 5 PUBLICHEARING: Variance (11 -04) to side yard setback requirements of City Code 12 -3 -5 for house addition at 2067142"d Avenue NW. Mr. Bednarz noted the purpose of this item is to hold a public hearing and take input on the variance request at 2067 142 "d Avenue NW. Mr. Bednarz reviewed the proposed variance with the Commission. Commissioner Olsen questioned when the home was built and what the setbacks were at that time. Mr. Bednarz stated the home was built in 1992 and the garage setback was six feet for the garage and ten feet for the house. Commissioner Olsen requested further information on the intent of the Ordinance as noted within the staff report. Mr. Bednarz stated this language was not within the City's Ordinance but was more descriptive and reflects planning practices from the American Planning Association. Commissioner Cleveland asked if there was an outlot adjacent to this property in 1992. Mr. Bednarz clarified that the property line location has not changed and that the 7th Addition of Kensington Estates was adjacent to this property. Chairperson Daninger arrived at the meeting. Motion by Walton, seconded by Gudmundson, to open the public hearing at 8:42 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Jimmy Ray Tordy, Champion Home Improvements, indicated the homeowners were requesting a 12' x 16' foot sunroom. The applicants were seeking a two foot variance and the neighboring property supported the request. He stated when the home was built, the adjacent land was undeveloped. He explained the practical difficulty to be that a tremendous amount of reconstruction would be needed if the sunroom were added to the rear of the home, versus on the side. Commissioner Kirchoff questioned why the sunroom was not being added to the rear of the home. Pat Hayek, 2067 142 "d Avenue NW, stated this area of the home had northern exposure and had little sunlight. Commissioner Walton asked when the deck was constructed. Mr. Hayek stated the deck was built in 1994. Commissioner Olsen clarified the sunroom would not have been allowed in 1994 given the setback standards both then and now. Motion by Walton, seconded by Cleveland, to close the public hearing at 8:47 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Acting Chairperson Kirchoff questioned if the request was in harmony with the purpose and intent of the ordinance. Regular Andover Planning and Zoning Commission Meeting DRAFT Minutes —November 8, 2011 Page 6 Commissioner Walton stated the request was not in harmony with the intent of the ordinance because the porch did encroach on the side yard setback. Mr. Bednarz stated all variance requests do not meet ordinance requirements. He asked the commission to consider revising this finding. Acting Chairperson Kirchoff asked if the request was consistent with the City's Comprehensive Plan. He stated the sunroom would encroach 2' /z feet into the side yard setback. Commissioner Gudmundson noted the two foot encroachment was a small amount but the City had to follow the guidelines. Acting Chairperson Kirchoff commented that with the addition of a sunroom the property owner was requesting to use the property in a reasonable manner. Acting Chairperson Kirchoff stated the property was a standard lot and topography was not an issue and there were no unique circumstances. Commissioner Gudmundson indicated the sliding glass door was placed on the side of the home for a future deck. Acting Chairperson Kirchoff questioned if the character and integrity of the neighborhood would be affected if the 10 foot side yard setback were encroached. Commissioner Olsen explained the sunroom would be an improvement to the property and did not feel the two foot encroachment would affect or take away from the character of the neighborhood. Acting Chairperson Kirchoff agreed with this statement. Commissioner Walton clarified that a permit was not pulled for the deck and that this created the problem. He apologized to the homeowners but stated he could not support the variance request. Motion by Walton, seconded by Gudmundson, to recommend denial of Variance 11 -04, of the side yard setback variance for a house addition at 2067 142 "d Avenue NW due to the fact the original deck placement did not match City setbacks and an application for a building permit would have identified the required setback. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. Mr. Bednarz stated that this item would be before the Council at the November 15, 2011 City Council meeting. To the Andover City Councilmembers. I am Pat and Bonnie Hayek's neighbor on the east side. Our side yards meet. I agree to the new addition on Pat and Bonnie's house knowing that the variance is two feet over the required setback. http-.//md04.quartz.synacor.com/zimbra/h/printmessage?id=16544 11/15/2011 A RESOLUTION APPROVING A VARIANCE TO SIDE YARD SETBACK REQUIREMENTS OF CITY CODE 12 -3 -5 FOR HOUSE ADDITION AT 2067 142ND AVENUES NW, LEGALLY DESCRIBED AS LOT 3, BLOCK 1, KENSINGTON ESTATES 6TH ADDITION (PID #27- 32 -24 -34 -0075) WHEREAS, the Planning Commission has held a public hearing and reviewed the request to vary from City Code 12 -3 -5 to allow an addition to the existing house that would be less than the required ten feet from the side property line, and; WHEREAS, the City Council acknowledges receiving the Planning Commission's recommendation of denial of the variance, and; WHEREAS, the City Council finds the variance sought is consistent with the purposes and intent of the official controls and Comprehensive Plan of the City because the variance sought is minimal and adequate space will be maintained between adjacent houses, and; [Andover Code 12 -14 -7 B.1] WHEREAS, the City Council finds the property owner intends to use the property in a reasonable manner because adding an addition to a house is a reasonable use of a residential property; and, [12 -14 -7 B.2.a.] WHEREAS, the City Council finds there are circumstances unique to the property because addition of a sunroom with many glass windows is most appropriately installed where it will receive solar heat and light, and it is planned for a place where the expansion to the house floor plan can reasonably occur, and; [12 -14 -7 B.2.b] WHEREAS, the City Council finds that granting a minimal variance to a side yard setback will enhance and improve the locale because the addition will add value to the neighborhood as an attractive house upgrade improving the home's appearance, function and livability in this climate; [12 -14 -7 B.2.c] NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover grants a variance to the side yard setback requirements of City Code 12 -3 -5, to allow construction of the proposed sunroom addition to the existing house at 2067142nd Avenue Northwest, based upon the findings in this Resolution. Adopted by the City Council of the City of Andover on this 15th day of November, 2011.