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HomeMy WebLinkAboutCC July 2, 1991 DATE: July 2, 1991 '-J ITEMS GIVEN TO THE CITY COUNCIL Lower Rum River Watershed Minutes - May 22, 1991 planning and zoning Commission Minutes - June 11, 1991 Regular City Council Minutes - June 18, 1991 Park and Recreation Commission Minutes - June 21, 1991 Coon Creek Watershed Minutes - June 24, 1991 Planning and Zoning Commission Minutes - June 25, 1991 Letter from John Davidson, TKDA - June 18, 1991 Letter from JoAnn Wright, County of Anoka - June 19, 1991 Ordinance No. 96 Report/Project No. 91-14 - June 1991 Schedule of Bills " -' PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA. THANK YOU. ....;... /0 7/Z/clJ ce. o LOWER RUM RIVER WATERSHED MANAGEMENT ORGANIZATION MAY 22, 1991 CALL TO ORDER C~ai=~an Jim Schrant= called the meeting to order at 8:50 a.m. in the Committee Room of Anoka City Hall. ROLL CALL Members present were Jim Schrantz, Steve Jankowski, and John Weaver. Scott Erickson was absent. .\1 so present were Ray Schultz, Anoka alternate; Dean Skallman, Consulting Engineer; Steve KOllodge, General ~anager, Ramsey Waste Management Landfill; and Bruce Weaver, Site Engineer, Ramsey Waste Management landfill. CONSIDERATION OF THE MINUTES Motion was made by Weaver, seconded by Jankowski, to APPROVE THE SPECIAL MEETING MmUTES OF APRIL 11, 1991, AND THE REGULAR MEETING MINUTES OF APRIL 17, 1991, AS PRINTED. 3 ayes - 0 nayes. Motion carried. TREASURER'S REPORT Schrantz presented the Treasurer's Report for the period ending April 30, 1991, which indicated a money market check- ing account balance of $10.00; an interest bearing savings account balance of $4,559.52; and a certificate of deposit account balance of $6,000.00. The total balance as of April 30, 1991, was $10,569.52. Weaver noted the Cities or Andover, Anoka, and Coon Rapids have paid their first half of the year member city payments. Jankowski indicated he would check on why Ramsey's payment has been delayed. Weaver also noted the LRRWMO has received its first $500.00 project application deposit from the Lord of Life Church in Ramsey. He confirmed it is this board's intent that the deposit be expended to cover the costs of the project review, administrative costs, etc. The LRRWMO will neither make nor lose money on these projects. Any amount remaining from the $500.00 deposit will be refunded at an appropriate time. , \ Weaver expressed concern with the extent to which this board ~. is spending on engineering and legal costs when we are LRRWMO Meeting Minutes May 22, 1991 Page 2 operating on a bare bones budget. Also of concern is the fact that this board continues to draw down on its reserves, even though it was the board's intent to do so. Motion was made by Weaver, seconded by Jankowski, to APPROVE THE APRIL 30, 1991, TREASURER'S REPORT AS PRESENTED. 3 ayes - 0 nayes. Motion carried. Review of the Annual Audit Report Members concurred the audit report for the Fiscal Year ending January 31, 1991, was acceptable. Motion was made by Weaver, seconded by Jankowski, to ACKNOW- LEDGE THE RECEIPT OF THE AUDIT REPORT FOR THE FISCAL YEAR ENDING JANUARY 31, 1991. 3 ayes - 0 nayes. Motion carried. PAYMENT OF BILLS Schrantz presented a bill from Barr Engineering in the amount of $429.40 for professional services provided the LRRWMO during the period March 3 through March 30, 1991. Two bills were received fram the legal firm of Wurst, Pearson, Larson, Underwood and Mertz: A quarterly bill for professional services from February 1 through April 30, 1991, in the amount of $1,270.00; and a fiscal year billing in the amount of $105.50 for the period November 1, 1990, through January 1, 1991. Schrantz reported attorney Curtis Pearson has expressed concern about about the legal costs and mileage expense being incurred by the LRRWMO. It was reported Mr. Pearson suggested perhaps this board might wish to consider hiring legal counsel closer to the area. Schrantz reminded the board we still have to' update'our Joint Powers Agreement. Weaver noted Curtis Pearson is a recognized authority in this field, and his expertise has considerable worth. Motion was made by Jankowski, seconded by Weaver, to AUTHORIZE PAYMENT OF THE BARR ENGINEERING BILL OF $429.40 AND THE WURST, PEARSON, LARSON, UNDERWOOD, AND MERTZ BILLS OF $1,270.00 AND $105.50. 3 ayes - 0 nayes. Motion carried. LRRWMO Meeting Minutes May 22, 1991 Page 3 o WASTE ~~AGEMENT PROJECT Steve Kol1odge, General Manager, and Bruce Weaver, Site Engineer, of the Ramsey Waste Management landfill, was present to explain their proposed wastewater disposal system. As noted during the April 17, 1991, LRRWMO meeting, Waste Management has already received a permit, #MN 0060259, from the Minnesota Pollution Control Agency (PCA), to discharge, install and operate such a wastewater disposal system without requesting a review from this board. As an update, it was noted correspondence was sent out, under the signature of Chairman Schrantz, following the April 17, 1991, meeting, requiring Waste ~~nagement to submit information for a project review and apply for an LRRWMO permit, which includes submission of a $500 permit application fee. Steve Kollodge presented a history of the landfill, from its purchase from the City of Anoka to the present date. He indicated in 1983-84 the contamination was detected. In 1985 Waste Management signed a consent order with the PCA to clean up the ground water contamination. Waste Management reportedly assumed all responsibility for the clean up. Mr. KOllodge indicated the consent order was the legal document on which the consent order was the legal document on which everything else was based. Following the consent order there were reportedly ten to twelve reports that came out. Aerial photographic maps of the landfill were which the Waste Management representatives areas of groundwater contamination and the flow of contaminated groundwater. presented, from indicated the south/southeast Mr. Kollodge reported, as a part of the consent order, a system of barrier wells are to be established along the perimeter of the landfill, approximately fifty feet deep. In order to capture the contaminants that have already moved south from the landfill, additional wells will be installed eighty to one hundred twenty feet deep. These various wells were depicted on the aerial map. A treatment facility has been proposed to treat the contaminated water. Mr. Kollodge stated, once treated, the groundwater will go into a pipeline, into a City of Ramsey storage area, and on into the Mississippi River. Engineering plans for all the wells, the pumping system, and treatment facility have reportedly been drawn up and approved by the PCA. Mr. Weaver indicated while the plans for the treatment facility were not currently available, they would be happy to address the concerns of the LRRWMO. u LRRWMO Meeting Minutes May 22, 1991 Page 4 Skal1man indicated he has received no plans for review. Jankowski reported the City of Ramsey has issued Waste ~4nagement a conditional use permit for the operation of the treatment facility. He indicated the PCA reviewed the plans for the groundwater clean up. Jankowski reiterated his position taken during the April 17, 1991, meeting in questioning whether the LRRWMO should be reviewing this. He felt the LRRWMO's focus should be how the impact of the project will affect the groundwater. Skallman reported Barr Engineering has been retained by Anoka County to review this Waste Management landfill clean up project in detail. He indicated he spoke to Allan Gebhard of Barr Engineering with regard to the remedial action operation. Gebhart's response. was it was-alr'ight. His only concern was the operations were not going in fast enough. Skallrnan indicated rather than taking the time to again review the information Mr. Gebhart had, Skallman merely reviewed Mr. Beghart's recommendations to Anoka County. Mr. Weaver addressed the groundwater and surface water concerns, indicating Waste Management will be cleaning up the contamination. He indicated there may be a slight negative impact from the percentage of drawdown on the water table in the area of the pumping wells. However, he stated because of the sandy soil, the acquifers will recharge very quickly. Mr. Weaver stated the drawdown around the wells will be from five to seven feet. He indicated at one hundred feet from the well area there would be very little detectable drawdown. However, Mr. Weaver stated the effects to Sunfish Lake was a concern of the Department of Natural Resources (DNR). He reported the agreement they have in place indicates should there be a reduction in the lake level due to the pumping process, Waste Management will pump treated water back into the lake. Mr. Weaver reported Waste Management has applied for a Waters Appropriation Permit through the'DNR. Waste - Management has reportedly been told the permit has been approved; however, the DNR wanted to wait and see what comments the LRRWMO had on the project. Waste Management is reportedly trying to get a letter from the DNR indicating its approval so they can move ahead with plans. Mr. KOllodge indicated Waste Management has 147 monitoring points. A consultant was hired by Waste Management to determine where these wells should be located. In answer to Weaver's query as to whether any private wells in the nearby residential area have been monitored and if contaminants have LR?:';MO Heeting Minutes Ha'/ 22, 1991 Page 5 o been found, Mr. Kollodge indicated they monitored three prime wells in the subdivision and no contamination has been found. It was Waste Management's contention this is because the residential area is on a bedrock high which is keeping the contaminants in the present area. However, it is starting to move east and south around the bedrock high. Mr. Kollocge stated the bedrock acquifers are approximately 150 to 220 feet deep. Jankowski queried when the impact on Sunfish Lake is anticipated. Mr. Kollodge indicated they were not certain there would be an impact on the lake. However, should it occur, it is not expected for approximately two years after the project begins. Jankowski further queried the impact to the wetlands to the south and west. Mr. Weaver stated the wetland to the west was not expected to. be affected. However, the wetland to the south, if lowered, can be also have treated water pumped back into it. Mr. Kollodge stated should there be a need to replace water into Sunfish Lake, it would be supplemented at ten gallons per minute, a much slower rate than the water being pumped out of the wells. Therefore, he confirmed it would not be possible to put all of the treated water into the lake. Weaver indicated it was extremely important this board hear and review this project. However, he noted since Barr Engineering is already reviewing it in some detail for Anoka County, it is probably not necessary to incur additional LRRWMO expense to do it again, noting the other state agencies also reviewing it. However, Weaver stated the LRRWMO should definitely be made aware of what is going on. Jankowski concurred with this position. Schrantz stated this board can acknowledge other agency reviews and stay abreast of project developments through official reports. He indicated his concern with this project was the LRRWMO did not know anything about it. Skallman expressed two items of concern with regard to this project with which the LRRWMO should be involved: 1) The impact on groundwater: and 2) the permitting authority by this board during the construction process in relation to erosion control. Schrantz added outfall is also a concern. Mr. Weaver stated the water will be pumped at 1,100 gallons per minute. Their engineering firm of Hokanson Anderson has indicated the water will take up approximately two per cent of the City of Ramsey's storm sewer capacity. Schrantz stated this water flow will be continuous. '0 LRRWMO Meeting Minutes May 22, 1991 Page 6 Jankowski added there is also concern for the impact on the area wetlands and Sunfish Lake. He felt this board probably needs statements indicating what the anticipated impact will be for the surrounding wetlands. However, he felt the benefits of the project will be greater than the impacts. Mr. Weaver indicated water quality testing will be Waste Management has a permit issued by the MPCA limits on the discharge. Ninety-five per cent contaminants will be removed before the water discharged. ongoing. setting of the will be The location of the wells and the ownership of the property on which they are located were discussed. Mi. Weaver confirmed the wells will be pumping around' the clock. However, he indicated there will be provisions to shut down the system should a treatment plant failure occur or if the storm pipe is needed in full capacity to accomodate a large storm. Schultz expressed concern with outfall, explaining sometimes the Mississippi River freezes over, allowing for public use of the frozen river for winter sports and activities. He stated this continually piped water into the river will create open ice and possible dangers for the public. He queried whether there will be a warning system of some sort created. Mr. Weaver stated there will be a discharge of 1,100 gallong per minute which will indeed keep the outfall area open, but not a vast opening. Jankowski felt the LRRWMO's concern should be with the impact this project will have on surface and ground water, including Sunfish Lake. He queried to what extent the wetlands will be affected and the number of acres involved. Mr. Kollodge stated the wetland near Sunfish Lake would be the most likely to be affected. However, he stated it never will completely dry up in that Waste Management can augment it with treated water. He estimated perhaps two to three acres of the wetland could be affected. Waste Management intends to monitor the groundwater elevation very Closely. The PCA and DNR requires Waste Management to sustain the wetland throughout the project. Skallman stated Waste Management still needs to get a LRRWMO permit relating to construction concerns. He felt the pipeline construction could create a substantial impact on the area. He recommended the LRRWMO address the issue of LRRWMO Meeting Minutes May 22, 1991 Page 7 o water quality of the wetlands also, although it seems there are no problems as presented. However, Skallman stated the DNR and PCA will not watch the pipeline construction. Schultz concurred the erosion control should be monitored during the construction process. Skallman reviewed the procedure from the time Waste Manage- ment obtains a permit application, through the review, to the monitoring and inspection of the project by appropriate city personnel. He indicated the LRRWMO should review the grading plan and erosion control features. Schrantz added the LRRWMO should request annual progress reports from the MPCA and the DNR. This board should keep an eye on the pipeline construction. Schrantz felt confident the DNR and PCA could be relied on to take care of water quality and watch the lake levels. Other LRRWMO members concurred. Mr. Weaver queried this board's jurisdiction in relation to requiring said permits. Skallman explained, indicating this board must be made aware of everything involving this project. At present, we do not know anything about the project's construction plans. Skallman stated a number of acres could be disturbed during construction. Schrantz concurred it is reasonable to request Waste Management to obtain an LRRWMO permit. He added in all projects, . either the cities or the watershed will be the monitoring agency. Skallman went on to explain all construction projects have the potential to harm the waters. Waste Management is proposing to install 8,000 feet of pipe as well as a treat- ment plant. Should this board prefer to be kept abreast of the impact on groundwater, Skallman indicated it would be acceptable to allow the City of Ramsey to monitor the con- struction project and erosion control through the established permitting procedure. Skallman stated this project directly water, the Mississippi River, and will construction. affects involve a Class A substantial Motion was made by Schrantz, seconded by Jankowski, to REQUEST AN AN~ruAL REVIEW OF THIS WASTE MANAGEMENT PROJECT FROM THE MINNESOTA DEPARTMENT OF NATURAL RESOURCES AND THE MINNESOTA POLLUTION CONTROL AGENCY, AND TO REQUIRE THE CITY OF RAMSEY TO MONITOR THE CONSTRUCTION UNDER THE LOWER RUM RIVER WATERSHED MANAGEMENT ORGANIZATION'S EROSION CONTROL PLAN. (See a motion amendment in further discussion.) o LRRWMO Meeting Minutes May 22, 1991 Page 8 Weaver indicated he would be comfortable with this procedure knowing Anoka County will also be monitoring it. Jankowski reported he has already reviewed the pipeline project proposal and made no mention of the erosion control methods. Therefore, if this board does have an expressed concern in this area, Waste Management should be required to submit erosion control plans for the pipeline. Schrantz concured. MOTION AMENDMENT: Schrantz and Jankowski concurred the motion shall be amended to add THE EROSION OONTROL PLAN FOR THE PIPELINE SHALL BE SUBMITTED FOR LOWER RUM RIVER WATERSHED MANAGEMENT ORGANIZATION REVIEW AND APPROVAL. WASTE MANAGEMENT SHALL BE REQUIRED TO APPLY' TO" THE' CITY' OF RAMSEY FOR A LOWER RUM RIVER WATERSHED MANAGEMENT ORGANIZATION PERMIT APPLICATION AND SUBMIT A DEPOSIT OF $500.00. Upon explanation of having the LRRWMO review rather than the City the LRRWMO is just getting off the cations, and he would like to get opinion and observe the procedure. application submitted for of Ramsey, Jankowski noted ground with permit appli- our consulting engineer's VOTE: 3 ayes - 0 nayes. Motion carried. Mr. KOllodge indicated the construction time line is to begin in one to two weeks, with pipeline installation to take place in two to three weeks. Schrantz stated this board requests construction plans be submitted to our consulting engineer. Mr. Weaver indicated they want to meet regulations, but query the need for the extensive review of the control measures. Skallman explained past experiences have proven it is indeed necessary to see the actual plans. There is potential for impact. However, he indicated he does not anticipate any problems. The Recording Secretary was directed to send a letter to the DNR and PCA requesting an annual wetland and Sunfish Lake update and a water quality report in relation to the wells. CONSIDERATION OF COMMUNICATIONS Members also noted April 30, 1991, correspondence from Curt Pearson referencing 1) his billing statements and 2) a copy of a letter Mr. Pearson sent to auditors Fields, Hokanson & Company, Ltd. for their audit reference. LRRWMO Meeting Minutes May 22, 1991 Page 9 o Schrantz reported he has received information from the City of Coon Rapids on improvements made on the power mall, as previously requested. He indicated he will have his secretary make copies of this information and provide it to board members. OLD BUSINESS Joint Powers Insurance Members discussed the need to obtain joint powers insurance, as addressed in correspondence from Curt Pearson dated April 8, 1991. Weaver recommended members of this board contact our state legislators requesting joint powers agreements made up of entities such as this board be included within the umbrella' of cover of the individual municipalities and not be forced to insure themselves. Under this joint powers agreement the cities pay our bills. It would be less expensive for them to include the insurance in their costs. Members concurred this joint powers insurance issue be placed on the June meeting agenda for further discussion. Designated Class A and B Water Resources Within the Watershed Skallman reported he contacted the DNR's National Heritage Division requesting comments on the LRRWMO designated Class A and B water resources. Its response was it had no problem with our designations. However, it did indicate there are a few species of turtle in these areas for which they have a preservation concern. NEW BUSINESS MPCA Seechi Disc Monitoring No further information has been received from the Anoka County Soil and Water Conservation District on the Seechi Disc Monitoring program cost since the April 17, 1991, meeting. Jankowski noted this board, at the April meeting, approved its participation in the MPCA seechi disc monitoring program at a cost of $35.00 per lake. PENDING PROJECTS Skallman reported on a proposed site plan review for the Lord of Life Church, Ramsey. He has identified this project as LRRWMO Permit #91-01. Upon review, Skallman indicated the project has no outlet to the Rum River, it will not impact A or B wetlands, and they are proposing the use of a silt fence o LRRWMO Meeting Minutes May 22, 1991 Page 10 to take care of any erosion problems. Skallman stated this project meets LRRWMO requirements and water quality guide- lines. However, he did recommend the applicant check with the DNR and Corps of Engineers to determine the limits of the wetlands. Skallman noted this is the first LRRWMO permit review and queried how the board wished to proceed in issuing the permit. He recommended it would be sufficient to direct him to send a letter to the applicant, with a copy to the host city, including the LRRWMO's comments. In the case of permit #91-01, Skallman indicated, if so directed, he would include comments relating to proper erosion control, noting the host city will be assuming normal inspection of the project. Motion was made by Weaver, seconded by Jankowski, to PERMIT #91-01, DIRECTING THE CONSULTING ENGINEER TO THE APPLICANTS BY LETTER AND INCLUDE HIS COMMENTS PROJECT . APPROVE INFORM ON THE 3 ayes - 0 nayes. Motion carried. Discussion followed concerning financial considerations which should corne out of the project's permit deposit. Schrantz stated there should be administrative costs/overhead in addition to engineering review costs. Members concurred with Skallman's suggestion that the engineering review costs plus ten per cent for administrative/overhead costs corne out of the deposit fee. This percentage could be adjusted in the future should the board so desire. Members further discussed when the remaining deposit fee, if any, should be returned to the applicant. They concurred any remaining deposit money should be retained by the LRRWMO until the project is properly completed. Skallman indicated, as a matter of proper project completion control, the cities will not issue an occupancy permit until any damage created during the project construction is remediated. Skallman noted the receipt of a May 20, 1991, letter to Connie David, 3541 East Mineral Pond Boulevard, Anoka, from Tom Hovey, DNR, regarding the installation of a retaining wall and its location to state protected wetland 2-119W. The proposed project was reviewed. Skallman indicated there is no need for a response to the DNR. Written quarterly project development reports were received from the City of Anoka, showing no activity as of May 22, 1991~ and the City of Andover, reporting city activity for Genthon Ponds preliminary plat. Todd Haas, Assistnt City \.j / '. \_J; LRRWMO Meeting Minutes May 22, 1991 Page 11 Engineer for the City of Andover, also submitted a May 15, 1991, letter to LRRWMO Deputy Treasurer Jim Knutson with a $500 escrow deposit for a permit application for construction for Knobs First Addition. A copy of same was provided for the board's information. ADDENDUM Members considered several possible dates to hold a LRRWMo/cities staffs joint meeting to discuss the implementa- tion of the approved LRRWMO permitting procedure and Water Management Plan in order to insure a unified understanding. Said meeting was set for June 12, 1991, 9:00 a.m. at the Anoka Hardee's Restaurant meeting room. ADJOURNMENT There being no further discussion, Chairman Schrantz declared the meeting adjourned at 10:30 a.m. Respectfully submitted, 4~~/ Mava Mikkonen Recording Secretary (j o AGENDA COON CREEK WATERSHED DISTRICT BOARD OF MANAGERS June 24, 1991 7:30 PM 1. CALL TO ORDER 2. Approval of Agenda 3. Open Mike POLICY ITEMS OECEI.VEn f\f JUN 2 ~ 1991lU ;- CITY OF ANDOVER -;0 CC f!9j 4. Approval of Minutes 5. Budget Themes Reconsidered 6. Cons. Revision of Annual Plan: Ditch 59 project PERMIT ITEMS 7. Oaks of Shenandoah 23rd Add. 8. Pond of Shanandoah 9. Variance Request: Robinson Addition 10. Majestic Oaks North 11. Hills of Bunker Lk. 4th Ad.: Utilities 12. Meadowlark Building Addition 13. Quail Point 2nd Add 14. Crosstown Drive NW DISCUSSION ITEMS 15. Ditch Inventory 16. Woodland Creek Golf Course INFORMATIONAL ITEMS 17. Intro Policy: Ground Water Management 18. Recieve May Staff Report NEW BUSINESS ADJOURN () COON CREEK WATERSHED DISTRICT BOARD OF MANAGERS' MEETING June la, 1991 The Board of Managers of the Coon Creek Watershed District held their regular meeting on June 10, 1991 at the Bunker Hills Activities Center. Present: Bob Boyum, Reggie Hemmes, Eldon Hentges, LuEllen Richmond, Paul Williams. Staff: Tim Kelly, Ed Mathiesen, Harold Sheff t. The meeting was called to order at 7:30 PM 2. Approval of the Agenda: Kelly noted the addition/corrections to three items: (1) representatives from Woodland development were present and would like to address the Board concerning Ditch 57, (2) page 3 of the draft minutes for Hay 20 are missing the first two lines. The Managers have the revised minutes with the first two lines of page three before them, (3) Corrections to the bills. Hemmes added a discussion on the ditch inventory to new business. Approval of the agenda was moved by Richmond, seconded by Williams. Motion carried with five yeas (Boyum, Hemmes, Hentges, Richmond, and Wilriams) and no nays. 3. Open Mike: Larry Carlson asked to address the Board concerning keeping Ditch 57 as a high priority for maintenance. Carlson asked if he could show a video of the flooding that has occurred this year. Carlson noted that he has lost 41 days of operation this year and attributed the closures to the blockages in the creek downstream from the golf course. The Board agreed to see the video at the June 24 meeting if arrangements could be made to get a video. Policy Items 4. Approval of May 20, 1991 Minutes: Hemmes noted that item 14 program emphasis listed four problems versus three. Approval of the minutes was moved by Richmond, seconded by Williams. Motion carried with five yeas (Boyum, Hentges, Richmond, and Williams) and no nays. 5. Receive Financial Statements: Boyum moved receipt of the financial statements. Seconded by Hentges. Motion carried with five yeas (Boyum, Hemmes, Hentges, Richmond, and Williams) and no nays. 6. Approval of the Bills: Kelly presented the bills noting adjustments. Boyum moved approval of the bills. Seconded by Williams. Motion carried with five yeas (Boyum, Hemmes, Hentges, Richmond, and Williams) and no nays. The bills to be paid were as follows: Check TO Amount 3330 JMM 7,225.66 333t Anoka County 4,075.15 3332 Forest Lk Contract 2,400.00 3333 H Sheff 2,089.25 3334 Tim Kelly t ,090.80 3335 Muller Theaters 650.00 3336 N 'Anderson 300.00 U 3337 Blaine Office Partners 561.62 3338 Kinko's 244.64 3339 COP 142.01 Page 2. Coon Creek Water.shed District - January 28, 199t (J 3340 3341 3342 3343 US West West Publishing Lake Off Supply ATT 6t .72 54.00 42.66 33.08 7. Reallocation of Capital Equipment Budget: Kelly presented the reallocation proposal. Richmond moved reallocation of the items approved in the adopted budget noting that the amount budgeted for capital equipment did not change. Seconded by Hentges. Motion carried with five yeas (Boyum, Hemmes, Hentges, Richmond, and Williams) and no nays. 8. 1992 Budget Assumptions, Themes, and Goals: Kelly presented the budget assumptions, themes and goals. Williams moved to adopt the assumptions, Boyum seconded. Motion carried with five yeas (Boyum, Hemmes, Hentges, Richmond, and Williams) and no nays. Kelly noted that an issue central to the .themes that has been expressed by Hemmes is financing by subwatershed where Boyum has proposed financing all operations District wide. The Board discussed the pros and cons of both approaches. Boyum moved to finance the 1992 budget assumptions District wide. Williams seconded. In discussion Hemmes noted that he opposed District wide financing because there was no good policy vehicle, and that the cities have understood through the comprehensive plan that projects would be financed on a local basis. Williams stated he supported District wide financing because it was consistent with changes that had occurred in the District and expressed concern about the ability to switch back to District wide financing in the future if the District did fund projects on a subbasin basis. Richmond moved to table the discussion on budget themes until staff could poll members of the advisory committees on whether the District should fund its 1992 programs on a subwatershed or whole watershed basis and whether the District should incur debt to do so. Richmond noted that a motion to table takes precedent over anything currently on the floor. The motion was seconded by Hemmes. Motion carries with three yeas (Hemmes, Hentges, Richmond) and two nays (Boyum, and Williams). 9. Adoption of Policy 1.3: provision of Materials at Board Meetings: Kelly presented the pOlicy noting that he not received any comments on the policy. Adoption of the policy was moved by Boyum, seconded by Richmond. Motion carried with five yeas (Boyum, Hemmes, Hentges, Richmond, and Williams) and no nays. Permit Items 10. McCoy Garage (PAN 91-18): Mathiesen presented the application noting that the structure was in the flood fringe area with a t06 year flood elevation of 864 feet and a channel slope of .06 percent. Kelly noted the. presence of Kimberly Westerholm, McCoy's attorney. Westerholm noted that the city of Andover has requested a building pad of 82 feet by 70 feet with the garage centered on the pad, and that the garage will be moved to the west so as not to interfere with the utility easement running along the eastern property line. Boyum moved approval of the permit with the stipulation that the building pad be at an elevation of 866.0 feet. Seconded by Hentges. Motion carried with five yeas (Boyum, Hemmes, Hentges, Richmond, and Williams) and no nays. (j 11. Charlen Acres (PAN 9t-21): Mathiesen presented the application noting that two large wetlands are found on the property and have been delineated on the plat. Williams moved approval of the permit upon receipt of an erosion control escrow Page 3. Coon Creek Watershed District - January 28, 1991 o of $t,073.13 and notification to the applicant of the need to obtain a permit from the Corps of Engineers. Seconded by Hentges. Motion carried with five yeas (Boyum, Hemmes, Hentges, Richmond, and Williams) and no nays. 12. Wisen's 11th Addition (PAN 9t-22): Mathiesen presented the application noting that there are DNR and Corps wetlands in the Southwest corner of the site, and that an easement has been provided around the DNR wetland which includes drainage rights to Ditch 58. Hentges moved approval of the permit upon receipt of an erosion control escrow of $2,827.50. Seconded by williams. Motion carried with five yeas (Boyum, Hemmes, Hentges, Richmond, and Williams) and no nays. 13. Hogdal Private Ditch Cleaning (PAN 91-23): Kelly presented the application noting the cleaning is of a private ditch all on Hogdal's property. Approval was moved by Hentges. Seconded by Boyum. Motion carried with five yeas (Boyum, Hemmes, Hentges, Richmond, and Williams) and no nays. 14. Emergency Repair CSAH 242 and Peat Creek (PAN 91-24): Kelly and Mathiesen presented the project and reviewed the outcome. Approval of the project was moved by Williams. Seconded by Richmond. Motion carried with five yeas (Boyum, Hemmes, Hentges, Richmond, and Williams) and no nays. t5. Creekview Crossing Utilities: Mathiesen presented the plans noting they were in conformance with the approved plans for Creekview crossing. APproval was moved by Hentges. Seconded by Williams. Motion carried with five yeas (Boyum, Hemmes, Hentges, Richmond, and Williams) and no nays. Discussion Items 16. Crooked Lake Milfoil Task Force: Kelly presented back ground on the problem and meetings with the Lake association and noted that an role for the District would be to coordinate management activities for the lake and that this was supported by both cities and the Lake association. Kelly also noted that the lake association was hoping for a potential financial involvement by the District of $4,000 for treatment of the lake. The Board noted that it will be difficult to find that much money in the present budget. Jerry Piche, President of the Lake Association asked for the Board's assistance by providing staff assistance and at the appropriate time financial assistance. Hentges moved to direct staff involvement in coordinating a management effort for Crooked lake. Seconded by Williams. Motion carried with five yeas (Boyum, Hemmes, Hentges, Richmond, and Williams) and no nays. 17. Met Council Water Quality Monitoring: Kelly presented a proposal for including Crooked and Ham Lakes in the Met Council citizen monitoring program noting that the cost would be $1,000 per lake per year. Richmond moved to contact Met council and budget for monitoring in 1992. Seconded by Hentges. Motion carried with five yeas (Boyum, Hemmes, Hentges, Richmond, and Williams) and no nays. o 18. WOE Site Remedial Action Plan Assessment: Kelly gave an update on the WOE site. The EPA has taken direct control of administering the site and is dealing directly with the responsible parties. Kelly noted that he will keep the Board informed. Page 4. Coon Creek Watershed District - January 26, 1991 ~ , V 19. Intro Project Ditch 59: Kelly presented an assessment of Ditch 59 noting that a common benefit project on ditch 59-4 was proposed in the 199t budget but that on closer inspection it would be difficult to meet the common benefit tests and the initial cost estimates exceeded the budgeted amounts. Richmond noted the time and moved to table discussion. Seconded by Williams. Motion carried with five yeas (Boyum, Hemmes, Hentges, Richmond, and Williams) and no nays. 20. Creekview Crossing Regional Pond: Kelly presented the proposal for bidding construction of the pond in conjunction with mining of the dirt and recommended noticing the project for public hearing and preparation of a bid document for the project. Moved by Boyum. Seconded by Williams. Motion carried with five yeas (Boyum, Hemmes, Hentges, Richmond, and Williams) and no nays. Informational Items 21. Staff Report: Richmond moved to table the staff report. Seconded by Hentges. Motion carried with five yeas (Boyum, Hemmes, Hentges, Richmond, and Williams) and no nays. Richmond asked that the minutes show that Kelly did a good jOb in coordinating the tour. The meeting adjourned at 10:39 PM on a motion by Richmond, seconded by Hentges. Motion carried with five yeas (Boyum, Hemmes, Hentges, Richmond, and Williams) and no nays. Reginald A. Hemmes, President o ..(; .,- '" TKDA TOL TZ. KING. DUV ALL. ANDERSON AND ASSOCIATES. INCORPORATED 'J ENGINEERS ARCHITECTS PLANNERS 2500 AMERICAN NATIONAL BANK BUILDING SAINT PAUL. MINNESOTA 55101.1l!IQ3 612/202-4400 FAX Ei1212Q2.o083 June 18, 1991 Honorable Mayor and City Council ~dover,Mhulesota Re: Engineering Matters Regular Council Meeting 6-18-91 City of ~dover, Minnesota Commission No. 9140-991 Dear Council Members: The following is a summary of engineering matters discussed and action taken at the regular City Council meeting of Tuesday, June 18,1991. 1. Creekview Crossin~ - Proiect 91-2 - Comro. 9912: Mr. Windschitl has advised city staff and City Council that he purchased approximately 80 acres east of and adjacent to the plat of Creekview Crossing. Mr. Davidson advised the Council that a meeting was held with owners and developers of the plat and concerns were addressed. (see memo 6-18-91 received) A review was made of the regional drainage plan adopted as "Supplemental Feasibility Report for Oak Bluff[Hartfiel's Estates/Old Colonv Estates" dated April 12, 1988. Council Action: TIle developers and land owners were advised to meet with City staff (ARC) and work out differences. Change orders to modify grades on storm sewer construction will be considered by the City Council to assist with resolving differences. This includes adding stonn sewer discharge to Coon Creek. 2. Hills of Bunker Lake 4th Addition - Proiect 91-4 - Carom. 9938: TIle Council received the report of Bid Opening and Tabulation of Bids for the referenced project, dated 6-17-91. Council Action: The Council awarded the contract to Nodland Construction Company in the ~unount of $279,845.50. ~) Honorable Mayor and City Council June 19, 1991 Page 2 /, 'J 3. Crosstown Watermain - Proiect 90-15 - Comm. 9777: The Council received the Final Payment documents, Affidavit of Minnesota Taxes paid, Lien Waivers and Consent of Surety. Council Action: The Council approved final payment for a total project cost of $25,130.98. The Engineer was excused at approximately 12:45 A.M., June 19, 1991. JLD/mha - ) / " '- ID C'C DLC 7/2./1 / P/f'C-/~,f '/U/fl II COUNTY OF ANOKA /- .) '--~ Urban Anoka County Community Developm~nt Block Grant COURTHOUSE ANOKA, MINNESOTA 55303 612-421-4760 June 19, 1991 D E c-rn ED' HfJUN 211991 I ,,- Mr. Jim Schrantz, City Manager City of Andover Community Center 1685 Crosstown Boulevard N.W. Andover, Minnesota 55304 CITY OF ANDOVER Dear Jim: Anoka County will hold a public meeting at 1 :30 p.m. on Monday, July 1, in the County Board Room of the Anoka County Courthouse. The purpose of the meeting is to hear and record comment on housing needs within Anoka County, in particular the needs of low income citizens. This meeting is a preliminary step in the development of the "Comprehensive Housing Affordability Strategy" (CHAS) required by the U.S. Department of Housing and Urban Development for continued County participation in the Community Development Block Grant Program and any future participation in the HOME Program. You are invited to attend this meeting to offer comment. So that we may allow time for all interested parties to be heard, please limit your comments to 10 minutes. If you are unable to attend the meeting, please send a written comment. It is very important that all potential needs be considered in the preparation of the Anoka County CHAS. This document will be the overall framework for any Federally-assisted housing programs within Anoka County. HUD has indicated that they are unlikely to support any housing initiatives that are not included in the proposed strategy within the CHAS. Please call Sandra Madigan at 421-4760, extension 1160 if you plan to attend. Registration by all who are interested in attending and commenting will allow us to plan adequate space. You may also contact Sandra with any questions. Thank you for your participation. s;nc.~ 2n O. W"ght Community Development Manager JOW:sw () cc: Jay McUnden Dan Klint Anoka County Board of Commissioners Sandy Ives Affirmative Action I Equal Opportunity Employer ',:;ZlPl .'') '-.J ,- '\ <.J PUBLIC MEETING NOTICE ~~t . ANOKA COUNlY COMPREHENSIVE HOUSING AFFORDABILlTf STRATEGY 1 :30 p.m., Monday, July 1, 1991 County Board Room of the Anoka County Courthouse Anoka County will hold a public meeting to hear suggestions, ideas and comments on housing needs of low and moderate income County citizens. This meeting will provide data for the Anoka County Comprehensive Housing Affordability Strategy which is required by HUO for continued county participation in the Community Development Block Grant Program. Interested agencies and persons are invited to attend the meeting or to mail written comments to JoAnn Wright at the Anoka County Courthouse, 325 East Main Street, Anoka, MN 55303 Publish Anoka County Union, 6/21/91 Please consider the following questions: 1. What do you see as low income housing needs? 2. On what studies, client records, etc. are you basing your statement of need(s)? 3. Can you identify any resources to address these needs? 4. If Anoka County had access to a housing program with a requirement for a match of 20- 25%, would your agency be interested in participating? If so, how could you provide the match and what activity(ies) would you pursue? 5. Other comments: '~ /(])':S"~";:::':""~"'-"\ ~ "~ i " ~",~j .~~~::t~" 7:30 P.M. ;~ CITY of ANDOVER Regular City Council Meeting - July 2, 1991 Call to Order Resident Forum Agenda Approval Approval of Minutes Discussion Items 1. Public Hearing/Vacation of Easement/13611 Bittersweet st. N.W. 2. Public Hearing/91-13/Wobegon Woods street Lights 3. Declare Dog "Biting Dog" 4. Special Use Permit/R. Reischel/Restaurant-Bar 5. Liquor License Approval/R. Reischel 6. Special Use Permit/DeBoer Dog Kennel 7. Special Use Permit/Dahl & Associates 8. Rademacher Sewer User Fee 9. Building Department Investigation Report staff, Committee, Commission 10. Funding Discussion/Mediation Services 11. Urbanalysis Contract Discussion 12. Approve CDBG Contract 13. Approve Letter/WDE Site 14. purchase Trailer/Public works 15. 1992 Budget Discussion, Cant. 16. Fire Bond Budget 17. Lawn Sprinkler Systems/Fire Stations 18. Newsletter Discussion Non-Discussion Items 19. Approve Resolution/Alarm User Violation Fee 20. Award Bid/91-1/Crosstown Drive 21. Receive Feasibility Report/91-14/168th Lane 22. Reduce Escrow/Hills of Bunker 1st . 23. Approve change Order #2/Fire Station/90-26 24. Approve Final payment/Hidden Creek East 2nd Mayor/Council Input Approval of Claims Adjournment o ,._,~"r'.'~""~"~'''''''~'. "1 "\ l \ 01 ~. \ J! \~ 1/ .'" ..1' "-~'~"l!!/!J~#4t' CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE July 2, 1991 BY: ~jJ V. Volk ~ J AGENDA SECTION 1 NO. Approva of Minutes ORIGINATING DEPARTMENT Admin. ITEM NO. Approval of Minutes The City Council is requested to approve the following minutes: June 18, 1991 Regular Meeting ,~ MOTION BY TO COUNCIL ACTION SECOND BY -'-.-- o ..-.....~>".,...,..'"."~.,.'." ci'j;, ,fr";; ~ i ,\ I " " ',~~-.5#'1' CITY OF ANDOVER REQUEST FOR COUNCIL ACfION AGENDA SECTION NO. DATE ORIGINATING DEPARTMENT July 2, 1991 FOR Discussion Items Engineering ITEM NO. 1. Public Hearing/ 13611 Bittersweet st. ~ BY: Todd J. Haas A public hearing has been scheduled for vacating a portion of a drainage easement on Lot 3, Block 1, Bent Creek Estates. Attached are the following: * Resolution vacating drainage easement * Vacation of easement description * Map of lot showing area to be vacated * Ordinance 50, Section 5 (Flood Fringe District) * Drawing of buildable pad as required * Application for vacation of easement request * Notice of public hearing * Names and addresses of property owners within 350 feet of Lot 3, Block 1, Bent Creek Estates * Building plan for accessory structure * Grading plan of Bent Creek Estates which indicates the Floodway and the Flood Fringe Boundaries. The reason for the request to vacate by the applicant is to construct an accessory building (24' X 36'). other Comments: 1. The applicant/property owner is responsible to obtain all necessary permits from the Coon Creek Watershed Organization, the Minnesota Department of Natural Resources, the U.S. Army Corps of Engineers and any other agency that may be interested in the site. 2. The removal of all unsuitable material from the building pad area will be required to be excavated and replaced with buildable soils as required by the Uniform Building Code. It is staff's understanding that the lowest floor will be elevated two feet above the 100 year flood elevation (the City requires 1 foot above the 100 year flood elevation). COUNCIL ACTION MOTION BY .'--.... "--... TO SECOND BY CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA o RES. NO. A RESOLUTION VACATING A DRAINAGE EASEMENT ON LOT 3, BLOCK 1 IN BENT CREEK ESTATES. WHEREAS, pursuant to published and mailed notice, the City Council has conducted a public hearing on the vacation of drainage easement located on Lot 3, Block 1, Bent Creek Estates; and WHEREAS, as a result of such hearing and review, the City Council recommends vacation of said drainage easement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby vacate the said drainage easement on Lot 3, Block 1, Bent Creek Estates. BE IT FURTHER RESOLVED that this easement vacation be approved subject to the following: 1. The applicant/property owner is responsible to obtain all necessary permits from the Coon Creek Watershed Organization, the Minnesota Department of Natural Resources, the u.S. Army Corps of Engineers and other agencies that may be interested in the site. 2. The removal of all unsuitable material from the building pad as required by the Building Department. Adopted by the City Council of the City of Andover this day of , 1991. CITY OF ANDOVER Kenneth D. Orttel - Mayor ATTEST: Victoria Volk - City Clerk o VACATION OF EASEMENT DESCRIPTION ) '-/ That part of Lot 3, Block 1, Bent Creek Estates, described as follows: Commencing at a point on the easterly line of said Lot 3, distance of 536.94 feet northwesterly of the southeast corner of said Lot 3, thence southwesterly at right angles to the easterly line of said Lot 3 a distance of 75 feet, thence northwesterly on a line parallel to the easterly line of said Lot 3 a distance of 82 feet, thence at right angles northeasterly to the east line of said Lot 3, thence southeasterly to the point of beginning, except the easterly 5 feet of said tract containing 5,740 square feet. o ;-1 T ~I'~ I~ ~ 8 ~ 18 ,oi I _______________ .=~~~.::=::J' --..... "'eAOOC\"6"W -J '0 2, ;E --_:::''''eFI0'''''l4'V 63 ~ (') -1- ~~ I", N L.n."I1 I", J'P I ~ 6-5'01"\'00-" J- en ~. ~ a.'w.O~_ ... " L-40b4- '" :-- ",<I} "'?/eo"""''''"1 s~. :":~::::..~_09.':":J. ! ......::1--" I U1 .~ \J F.- ~=:- iJ-< <lit _f~ ~. lJ' tt ~ t~ \ -" -z ,." q 30 c) -,., "~ nl iil :), _...,,-- 4o'3:le N e,9OlS' IB"E.. _.:c._.._ ~~"- /.'Y'lllTf1 l'.lt~r- OF- LOT 1, AUD. ~U6. N9 I..~" -.--...... in Section 10.45 and the following standards (Sections 4.32- 4.36) . ~ 4.32 Fill (1) Any fill deposited in the floodway shall be no more than the minimum amount necessary to conduct a Conditional Use listed in Section 4.2. Generally, fill shall be limited to that needed to grade or landscape for that use and shall not in any way obstruct the flow of flood waters. (2) Spoil from dredging or sand and gravel operations shall not be deposited in the floodway unless it can be done in accordance with (1) of this Section. (3) Fill shall be protected from erosion by vegetative cover. 4.33 Accessory Structures (temporary or permanent) permitted as Conditional Uses by Section 4.21. (1) Accessory structures shall not be designed for human habitation. (2) Accessory structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters. (a) Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow, and (b) So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures. (3) Accessory structures shall be flood-proofed in accordance with the State Building Code. 4.34 Storage of Materials and Equipment (1) The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. C) (2) Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning. 4.35 Structural Works for Flood Control. Levees, dikes, and floodwalls shall not be constructed within the limits of the Floodway District. Other structural works for flood control such as dams and channel enlargements that will change the course, current, or cross-section of a public water shall be subject to the provisions of Minnesota statutes, Chapter 105. ~ SECTION 5.0 FLOOD FRINGE DISTRICT (FF) Page 6 o o 5.1 Permitted Uses. The following uses shall be permitted uses within the Flood Fringe District to the extent that they are not prohibited by any other ordinance: ~ 5.11 Any use permitted in Section 4.1. 5.12 Accessory structures provided they comply with the provision of Section 4.33 of this ordinance. ~ 5.13 Residences and other structures constructed on fill so that the basement floor or first floor, if there is no basement, is at or above the Regulatory Flood Protection Elevation. The finished fill elevation shall be no lower than one (1) foot below the Regulatory Flood Protection Elevation and shall extend at such elevation at least fifteen (15) feet beyond the limits of any structure or building erected thereon. Fill shall be compacted and the slopes shall be protected by riprap or vegetative covering. Residences constructed on fill shall be subject to the vehicular access requirements in Section 5.31. No use shall be permitted which will adversely affect the capacity of the channels or floodways of any tributary to the main stream, or of any drainage ditch, or any other drainage facility or system. 5.2 Conditional Uses. other uses are permitted only upon application to the zoning Administrator and the issuance of a Conditional Use Permit as provided in Section 10.4 of this Ordinance and subject to the following provisions: 5.21 Residences. Where existing streets, utilities, and small lot sizes preclude the use of fill, other methods of elevating the first floor (including basements) above the Regulatory Flood Protection Elevation may be authorized, provided that the residence is flood-proofed in accordance with the State Building Code. 5.22 Residential Basements. Residential basements below the flood protection elevation may be authorized if they are flood-proofed to FP-1 classification in accordance with the State Building Code. No floor or portion of a residence below the Regulatory Flood Protection Elevation may be used for human occupancy. 5.23 Non-Residential Structures. Commercial, manufacturing, and industrial structures shall ordinarily be elevated on fill so that their first floor (including basement) is above the Regulatory Flood Protection Elevation but may in special circumstances be flood-proofed in accordance with the State Building Code. Structures that are not elevated to above the Regulatory Flood Protection Elevation shall be flood-proofed to FP-1 or FP-2 classification as defined by the State Building Code. Structures flood-proofed to FP-3 or FP-4 classification shall not be permitted. 5.3 Standards for Flood Fringe Uses Page 7 I o fTI >< 1:> (J) (J)rn ~ :nc :2 rrlr G) moo G) (\J C l> ;:0 - ::0 rn 0 ~ rrlr c l\) --Jam :2 rrl ~ 0 - o OJ-u r -<l> r nO :2 -l {T) -< Lr1 . . o ;'PR':'30":1991 15: 57 FROM CITY -OF- H~IDOIJER TO 3311069 P.02 .~~.;"<""~..,.. ,r.';.' . .'). (j- g J'. , '1', ';'i., ...... .<~ -.#' .:">t",.~.- CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 VACATION OF EASEMENT REQUEST FORM Property Address 13611 Bittersweet Street, Andover, Minnesota Legal Description of property: (Fill in whichever is appropriate): See attached Legal Description Lot BloCK Addition plat Parcel PIN (If metes and bounds, attach the complete legal) --------------------------------------------------------------------- Reason for Request is to construct a garage-type, accessory building on the be used for the gener~l storage of vehicles and lawn and garden equipment. above-described property which is over a drainage easement. 'The garage is intended to . Current Zoning /2-4 ------------_____N___________________________________________________ Name of Applicant Patrick M:Coy by Attorney Kimberly K. Westerholm Address WarchoL Berndt & Hajek, P.A., 3433 Broadway Street, N.E., Suite 110 Minneapolis, MN 55413 Home Phone Business Phone (612) 331-4211 ~~~::~:::-~~~~{~~H:.-.I!!.!.?.;r:~: ----::-~~-~'.:'~-----_ propet'ty Owner (Fee Owner) PatrickM:Coy (If different from above) Address 13611 Bittersweet Street, Andover, Minnesota Home Phone (612) 755-1533 Business Phone (612) 755-1533 Si9natU<e~- W ~~ Date '!!7 / ,/49/ --------------~ _ ~~-~-~:~<S-L?~------- ____~__________ o ~J , , ~J APR-30-1991 15:58 FROM CITY OF ANDOVER TO 3311069 P.03 VACATION OF EASEMENT PAGE 2 The following information shall be submitted prior to review by the City of Andover: 1. Attach a scaled drawing of the property and structures affected showing: scale and north arrow; dimensions of the property and structures; front, side and rear yard building setbacks; adjacent streets; and location and use of existing structures within 100 feet. 2. The names and addresses of all property owners within 350 feet of the subject property. Application Fee: $150.00 Filing Fee: $ 10.00 Date Paid Receipt 1I (~) ,- ) \.... (~\ CITY of ANDOVER CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The City Council of the City of Andover will hold a public hearing at 7:30 p.m., or as soon thereafter as can be heard, on Tuesday, July 2, 1991 at the Andover City Hall, 1685 Crosstown Blvd. NW, Andover, MN to review the Easement Vacation request of Kimberly K. Westerholm, Esq. on behalf of Patrick McCoy at the property located at 13611 Bittersweet Street NW (Lot 3, Block 1, Bent Craek Estates). All written and verbal comments will be received at that time and location. A copy of the application and location will be available at Andover City Hall for review prior to said meeting. L~;.J t~ Vlctorla Volk, City Clerk Publication dates: June 21, 1991 June 28, 1991 Patrick McCoy & Cynthia Beane 13611 Bittersweet St NW Andover, MN 55304 James and Geraldine Hieb . )82 Hidden Creek Dr NW }".,jdover, MN 55304 steven & A10ma Wieber 13642 Hidden Creek Dr NW Andover, MN 55304 Donald & Pamela Fehringer 13618 Hidden Creek Dr NW Andover, MN 55304 Jay D & Shelly Myers 13617 Hidden Creek Dr NW Andover, MN 55304 Timothy J & Tamara Mulcare 13657 Hidden Creek Dr NW Andover, MN 55304 ,- '\ ,-.j New Alliance Realty Group 16523 Brywood Lane Minnetonka, MN 55435 Craig & Debra Erickson 13666 Hidden Creek Dr NW Andover, MN 55304 Michael & Kimberly Gavin 13638 Hidden Creek Dr NW Andover, MN 55304 Dale & Cindy Trepanier 13604 Hidden Creek Dr NW Andover, MN 55304 Charles & Carolyn Kennedy 13633 Hidden Creek Dr NW Andover, MN 55304 Robert & Anita Grieman 13618 Bitterseet st NW Andover, MN 55304 Administrator of Veterans Affairs Fort Snelling st. Paul, MN 55111 Kent & Sheila Robinson 13628 Hidden Creek Dr NW Andover, MN 55304 Steven & Dorothy Zempel 13594 Hidden Creek Dr NW Andover, MN 55304 Robert C & Laurie Hayes 13645 Hidden Creek Dr NW Andover, MN 55304 1.1 :/ i . '!' .. ',; t t,'; '~~'l /', . ~ . ; II" :,!Il. " [!. ITI :~:;i,!j ~ 1:1 a l\: ;'.li= . '. I. !::I'!l~ . ," 'IiI: ~ , I', _, :ir;:il ~ ~'/ ,,: ,1:1 ~~ , , I Ij ~ i~.' I. II!I ...~. \,,~ .~ ! ~ . . '; ~ .'.... ~~.. ". " _.~.. ' . 'f'" i~ ~~~(,::' ~.' _~_~~. '. .:'<'1 ~~,,~t~~_ i.:....... jJ ~l''-~~~' ", . .....:., , ;' ':, .'c:::>l~rtll; ~'. ~ : ", . - : . ~ ,,1. t" ~J<". I '. ,I~ .~ ~"" .,. "I \11, . '.', ...~( . '. "'Jooc,. . .'\ :, f ',,:::..' ~;~ ,I,'", ,~:t .~;~ ra'., \ "~:\. ..,~) :~':tll_' "",""" "1 .;....'.;.;~.\,..'~. ~,.'...:"'"\' I'\",{"..r,' :1:" 1 ,', "'" ',' ~~t l ;,: tlM1 '1'"~~Nrl#~''' ',,:--. ...~: ":~..~.,.,, ;..,.~;~'\".';:-..~.. ~'1}~:'''1.,'.1~-,: :~'.,~ ....,...~....:,;"'.~'~.lt/::~"~...~'~It"~' .. .~..,' :'~'J' ~ '.; " i~' I, .~. .; . 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I ,,,.__ J ~~ ~~ {j)-.-". \;.1\ .~ " " . ;.J7llW o ~ d^iS 3>1\11 ----"----=--- -------: 1'.' ' " f! lJ~ . 'I!~~~~i'i ~:l~~t:i5 g~f~1" . ~f!~O~ fin.. )r ~ a w u C5 ~ LL ' ~~~ ~n!~. 'It ~xf!t; ;,,~ ~dg (\I IF i~~~~~ ~!~~i~ ... ~ i.: i'l - o z Z $: Ul ~ ~ ~ ~ ~'i!~ I I ~ ~ul w i61 ~~~ 81 8!(;!", Q:oz= Q..uwS I ~. U: I. Ji !H~~ $g~:.1 nm is ~ VI -, . ~:':' '" : ",:, .,~: ': '. ~ \ ~.: j ~..'. .:-~ .:::f:. ; . ~ '","'.:J:;;;;.X~!f~~1 : ~",";?I'rtr'....~.;.;,,~r~,~~ .~. :..~-; ~i'~'.~.I,l:-Ji1;':;;; "!;~~~:~:~~;":~,.\{~.~~~~f'U~~:i.J~i,~:~~:;,'~lr~~~' .:'" ",. ~~, ~i\~~:~:,,~ ~~~.~~~~jJ~~i~~~.: CJ u ..,..,;,'~/i""""-""~'''''~''''''' ,:' .. t\ ''jl 9 v \" ..1 -~~:~_;:!i.'~ c"",~t!' CITY OF ANDOVER REQUEST FOR COUNCIL ACfION DATE July 2, AGENDA SECTION NO. ORIGINATING DEPARTMENT Discussion Items Engineering -($* ITEM NO.~. Public Hearing/ 91-13 BY: Todd J. Haas The city Council is requested to hold a public hearing for the installation of street lights, Project 91-13, for the area of wobegon Woods. The total number of benefitting lots - 18. The number in favor of improvements - 13. The number against - 3. The number unavailable - 2. Attached are the following: * Resolution ordering improvement * Letter to property owners * Public hearing notice * List of property owners * Copy of original petition received by the City and map of the area * Location of proposed street lights Comments: An overhead street light currently exists at the intersection of Round Lake Boulevard and 174th Lane NW. The City is currently paying for the light and will continue to pay under the current street lighting policy. The petition in the packet includes property from the Goodridge Acres area but this was not included in the hearing process. COUNCIL ACTION ,_ ~ MOTION BY '---- TO SECOND BY o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ORDERING THE IMPROVEMENT OF STREET LIGHTING, PROJECT NO. 91-13, IN THE AREA OF WOBEGON WOODS. WHEREAS, pursuant to the required published and mailed notice, a public hearing was held on the 2nd day of July, 1991~ and WHEREAS, all persons desiring to be heard were given such opportunity for same. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby order improvement No. 91-13, street lighting in the area of Wobegon Woods with the costs of same to be billed on the normal quarterly utility billing. MOTION seconded by Councilmember and adopted by the City Council of the City of Andover this day of , 1991 by unanimous vote. CITY OF ANDOVER Kenneth D. Orttel - Mayor ATTEST: victoria Yolk - City Clerk C) o (]}.\, 1'\' CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 ,,- ~,~. .. June 19, 1991 Owner/Occupant Andover, MN 55304 Re: Public Hearing - street Lighting Dear Owner/Occupant: Enclosed please find a Notice of Hearing on improvement for street lighting in the Wobegon woods. The estimated cost for installing the lights is $2689~00. If a request is made for additional lighting, the installation costs will be higher. The billing per typical lot will be approximately $20.69 per quarter or $82.76 per year. This may increase or decrease depending on Anoka Electric Cooperative energy and maintenance charges. In addition, the costs are higher due to additional underground wiring to serve the intersection of 174th Lane NW/Flora street and to light the cul-de-sac at the south end of Flora street NW. If you have any further questions, feel free to contact me at 755-5100. Sincere.ly, 14/~ Todd J. Haas Assistant city Engineer TJH:kmt , -'. o /- o ~J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF HEARING ON IMPROVEMENT PROJECT NO. 91-13 NOTICE IS HEREBY GIVEN that the City Council of the City of Andover, Anoka County, Minnesota will meet at the Andover City Hall, 1685 Crosstown Boulevard N.W.in the City of Andover, on July 2, 1991 at 7:30 P.M. to consider the making of the following improvement: Street Lights The property to be assessed, pursuant to Minnesota Statutes Section 429, for such improvement is within the following described area: wobegon Woods located in the south 1/2 of Section 4-32-24, Anoka County, Minnesota The estimated cost of such improvement is $2,689.00. Such persons as desire to be heard with reference to the proposed improvement will be heard at this meeting. CITY OF ANDOVER Vi~O~CitY Clerk Dated: j-- /f J 9/ 04 32 24 33 0022 Richard J & Linda Schultz. 3156 - 174th Lane NW ! Andover, MN 55304 " ) 32 24 34 0014 ~_ rl M & Ruth Metzler 2824 - 174th Lane NW Andover, MN 55304 04 32 24 34 0011 Gary & Linda Spli ttstoesser 17364 Flora Cr NW Andover, MN 55304 04 32 24 33 0024 Steven & Cynthia Anderson 3028 - 174th Lane NW Andover, MN 55304 04 32 24 34 0004 Daniel R & Mary Trombley 17462 Eidelweiss NW Andover, MN 55304 04 32 24 33 0020 Bryan S Rademacher 3095 - 174th Lane NW Andover, MN 55304 ----- :04 32 24 33 0023 Ron & Kathy Johnson \ 3092 - 174th Lane NW Andover, MN 55304 ~' ,.J ;:..- 4 32 24 33 0023 _rank & Dorothea 3092 - 174th Andover, MN 04 32 24 34 0013 Dennis M & Sherry A Banwart 2876 - 174th Lane NW Andover, MN 55304 04 32 24 34 0009 Ronald E & Lorrayne Conley 2924 174th Lane NW Andover, MN 55304 04 32 24 34 0006 David W & Vickie L Kise 17495 Eidelweiss ct NW Andover, MN 55304 04 32 24 34 0005 Wayne H & Debra Tonn 17504 Eidelweiss NW Andover, MN 55304 04 32 24 33 0021 W Barda & CA McKenna-Barda 17510 Heather st NW Andover, MN 55304 14 32 24 34 0007 ~harles & Lu Anne Wold 17453 Eidelweiss Ct NW Andover, MN 55304 04 32 24 34 0012 John E & Teri E Heil 1849 Reaney Ave st. Paul, MN 55119 04 32 24 34 0008 Anthony & patricia Howard 2968 - 174th Lane NW Andover, MN 55304 04 32 24 34 0003 James & Michele Szyplinski 2937 - 174th Ln NW Andover, MN 55304 04 32 24 34 0002 Jeffrey D Martini 17519 Heather st NW Andover, MN 55304 04 32 24 33 0019 Valentine A & Mary K Fettig 1068 - 90th Ave NE Blaine, MN 55434 J13 ,,'^A ~ ~'''O feft~r.5 "'--..b.'~ f-/"e., i't'" jt. O~.3ZZ7' 002.3 ~~ ~ ,~ -l-t.. '""'....r ",'g."ed -".1 - tu..fit-ioYl w~ nor tJ.", -H-G forero ol.\Jl'le..-- -,-,.. " \J TJ--C- r- ~ t-~ c,............ C./t2-rl'!- ,,1+a\',,e..::l fOfe~+O d~ C7 f'1~ J a.dd~ ~"'OM K-c.. ~....; ~ Re" i!:e.:l ~Jlq/q, " \....J CITY of ANDOVER -- -'-~E-.--if' It ~. ~:1 ,t; :U"i1 '1 i:-! - ~.. 1- ;.:~ r.c:! ~ j (. .~ '1'_': '".~:;." ~*-~... -.i &.:..:::11 ," ~1":';L5 ~;9~) ! CITY OF ANDOVER Apr,l 1'191 Date: No. C::1l-/3 Gentlemen: We, the undersigned, owners of real property in the following described area: ~ I Wob~on (.PCIcd~ do hereby petition that said portion of said area be improved by Construction of City .5-n-e.e.+ "ehts and that the cost of said improvement be. assessed against the benefiting property, as authorized by Chapter 429, Laws of Minnesota. SIGNATURE OF OWNER ADDRESS LEGAL DESCRIPTION YES NO 'or x ./ / ~~~ ~~. '--) This petition was circulated by: Address: f/-&~, /f0v. 75"3, J c;yS- / \ o CITY of ANDOVER i~t'rr "Ir:'~i\~i t D'" . ~1 lj a~ ~~ ~t; F~ ~J iL:.~- W'{\ ---. '----'-~"-..l' :~J 'f~1 /1, :J.:;t 2 c; 19Q1 ' ,.~; ,"'" 1\ -) ..J 1'- ,- I CITY OF ANDOVER Date: No. Gentlemen: We, the undersigned, owners of real property in the following described area: ~~ Wo'oe~on uJoods do hereby petition that said portion of said area be improved by Construction of City S+ree. r I 'e-h-tS . and that the cost of said improvement be. assessed against the benefiting property, as authorized by Chapter 429, Laws of Minnesota. ./ ADDRESS LEGAL DESCRIPTION ~d.-<l-/ 7'-(z1. l ;1tv~ ),) ~0 ~C;/ YES NO ~/ -'-'. / / ('~..J.rl#f. kre,; Go<dri~ kres ~_rCla ,A..~!> . 6Hdri"8r Ac.re5 ./ -/ ./ x This petition was circulated by: ,r I -fI.. /. Address: c> Lv 75:;' . '> z./cjS- ~ lid'15 I - ,. (--- 17190 /7793 "' d " ~ '" 0 .J 0 I d .J 17750 .:J 'n a 1772.5 " .. 2 '" :J 111th 0 ct: 17(,,57 17"11 - 17 no , .4!':' l:l^ 1770Z. o '-..~.... ~ ,'f'l tV N ,1"1 ~ to 1b+n LA. 17 "'fB N.W. I~ 1559 17551 ~ I ~ ~ ~ 53' ,.;1", ro"l I'l NW 17S0l- Q ", '" ", 17 . 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" N '77th o oJ N o .. -.'l N o N oJ N o '" " N o N '" N \- '" 4 "- '" '" N '" '" N N I7bth VE I <0 <Xl '" '" l'n N N 263q 2535 2,85 LA .'N. 2.'338 2.63/ 2511 2. 5 7~ 2.5b2 25 I 11\410 \1\3\ ,. nb'>" ?-':;'3'S' 171 ;tl oJ> <! 170,?O) 0 " ~ Z8'11 \ \ 17073 ').76'( !) 0 /7078 % 17075 ~ , 1105Z..- 3/57 3095 uJ 2963 170th L LA NW - f---- I z93~ 2138 \ J70<{/ ( " liO).1 ~\ ./ \1oz.z.. \ 1 0!.6 !-' 170z.5 I7C-;'O '" /70;20 (70 II 17Ol~ 170Z3 >II, I \?'lie> II' " W tl I J2.QS '" <> t<) 16'1'11 323q \lJl5\ I ~ 0 \(l ~ tr ::- I"'H!C ~ I~H'5 ? ," S- o .(r .. ~ 16170 - /"'I /"'I (-I N > --..;qH, ...,,~. ?J,7~ IV ../ - ........ ;;;:.-...- UJ l ~ 161;1.0 , \ 32.QO 3l3b g N .Jl '" J'" .j) 161;l.(l ;:;K -.ll Q :r- '" co ro 0 '" (fJ N H,r\ l"'l '" '\J N ,,"'Q \\l6~1 ~ 18 0' ci.1 V ('tj ~ S ~ Iii .-Ht 1~819 2{,/,tJ 2M' 25/,9 252' i<) I'f CP cs:> 1/,878 i<) N J 1 '\ .~ t LA" I r" 3 9 ~ ~/A ~ 1 I I . 2~lb .!~ -or ~ -I 2-7"Z 2~8{, I; ;() ;() - <:P ! 1r.817 It. ,0 l-1 ifl ~I \l41loO yV~ -I 8 ~ 5' ~ fB -T Z771 ,2.731 Zbi9 2.lDZ.l ,g c:> I 15:- " i<) iO :r N N _! "",10 N W. I I I II I I I :1 rt 1~1d'1'O I - -I , l- I Ul I Ii) I " I I .~ w !:: .J > :.: o <<> N .. :l!"- c <l a: =i .. ~ o il~~~""''''~~'''''''~''\\ ;1... 1~ '(\ I , ''!iI>, "'--' CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Jul 2 AGENDA SECTION NQ Discussion Items ORIGINATING DEPARTMENT ITEM Declare "B' t' NO Dog ~ ~ng . 0:2. ;) Dog" Admin. V. Volk ~~P BY: On June 1, 1991 an Andover resident was bitten by a dog owned by Rebecca Sue White. In accordance with the Dog Ordinance, the City Council is requested to declare this dog a "biting dog". The dog's owner has been notified that this matter will be discussed by the City Council and the mother of the victim has also been notified. Attached is the police report on the incident and another police report stating that this dog, along with another Rottweiler owned by the White's, was running at large. In checking our records, I can find no record of these dogs having city dog licenses. Also attached is a resolution declaring the dog a "biting dog". V:Attachments COUNCIL ACTION MOTION BY '----- TO SECOND BY /r~-~"'~"'\.. -, .(~ ) V ~~/ -..~ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (612) 755-5100 June 17, 1991 Rebecca S. white 15934 Xenia street N.W. Andover, MN 55304 Dear Ms. White: Because of an incident involving your Rottweiler, we have been requested to classify your dog as a "biting dog." Therefore, this matter will be placed on the City Council agenda for July 2, 1991 at which time the Council will hear testimony from interested parties and make a determination as to whether the dog should be classified as a "biting dog". If the dog is classified as a "biting dog" and another attack occurs, the City Council has the authority to either have the dog removed from the city permanently or have the dog destroyed. I am enclosing a copy of the city's dog ordinance for your information. If you have any questions, please feel free to call me. Sincerely, ~Wb victoria Volk City Clerk ~ Agency: 001 ***** Anoka County ***** Inc No: 91076232 91076232 CASE REPORT JUVENILE INVOLVED , '\ \...../RIMARY ACTIV CALL LOCATION: andover, mn DATE-TIME OCCURRED: WEATHER: -No entry DATE-TIME REPORTED: 06/01/91 18:50:00 PATROL AREA: GRID: a20000 TIME RECEIVED: 18:50:00 UNIT ASSIGN: 4z55 MISC: n TIME DISPATCH: 18:50:00 OFFICER #1: 10961 - Dep. R. Bouley TIME ARRIVED: 19:12:00 OFFICER #2: - No entry TIME CLEARED: 20:00:00 HOW RECEIVED: - No Entry _______________________________ incident summary ------------------------------- ACTIV DATE ITY ACTIVITY DESCRIPTION DISPOSITION REPORTED mary ~nc~dent -------- ---------------------- JURIS: 01 ISN 1 50003 Dog bites Pending 06/01/91 ----------------------------------- offenses ----------------------------------- ------------------------------------ names ------------------------------------- ISN PSN NAME TYPE FILE NAME & ADDRESS DOB PHONE NUMBERS RACE SEX R-RES & B-BUS 1 1 juv victim DISPOS: No Entry leslie, jackie lynn 10/08/79 3912 n enchanted dr andover, mn PARENT: w f R:612-422-0745 janiga, jean margret 09/30/00 15950 xenia st nw andover, mn EMPLOYER: w f R:612-427-2510 1 1 adult Person Reporting DISPOS: No Entry 1 2 adult white, rebecca sue 11/27/54 w Person with Knowl 15934 xenia st nw andover, mn DISPOS: No Entry EMPLOYER: f R:612-421-7827 ----------------------------------- vehicle ------------------------------------ ----------------------------------- property ----------------------------------- ----------------------------------- evidence ----------------------------------- run: 11-jun-91 05:26 91076232 case summary 1 csw-print20r01t0526 Agency: 001 ***** Anoka County ***** Inc No: 91076232 91076232 CASE REPORT JUVENILE INVOLVED ---------------------------------- narrative ----------------------------------- Author: vksm -01 Entered: 06/11/91 05:18:28 Complainant stated her daughter's friend, Jackie, and friend's younger sister were walking on complainant's yard when neighbor's, Rebecca White, Rotwilor dog bit Jackie. I went to the Leslie's and talked with Jackie who had a definite dog bite (puncture wound) in her right thigh. The Leslie's stated they are afraid of the dogs at the White's and that the dogs have been loose before. I suggested that Jackie be seen by a doctor. White at her residence and advised her that two weeks and if the dog's behavior changes : )eeded to see ~he dog's rabbie shot file. tuem and would g~ve me a call on Monday. I than talked with Rebecca she has to quarenteen her dog for to call the police. I told her She said she would have to locate I told her city ordinances prohibit dogs from running at large; therefore, she needs to keep the dogs chained or penned. Author: vksm -02 Entered: 06/11/91 05:20:00 '\ I went back to the Leslie's and advised them that when I find out ~~the dog has had it's shots I would call them. Deputy Bouley cc: city Attorney cc: Albertson jg/06-11-91 run: 11-jun-91 05:26 91076232 case narrative 2 csw-print20r01t0526 \ ~J ADVJDI 'L] CPE 8 WEN' B CHSU D :~ ILVCFS ANOKA COUNlY SHERIFFS DEPARTMENT INCIDENT REPORT w.~J7)~i (FIRST) (MIDDlE) HLTH D HSTY D ~~~~ D GlAS D GAPP D SPCH D TETH D COMP D SCMK D MISC C TATT C BUlL C COOE NAME (lAST) (FIRST) (MIDDLE) ADDRESS ADIJI.1-N. AJJ/XI cooes:. A. ADUI.'f AARESTm J.,JlJVENIl.E COHTACl'ED CODE 1 NAME (lAST) (FIRST) ADDRESS HAl AKAIMlSCIMONIKER CODE 2 (lAST) (FIRST) (MIDDLE) HAl SLOF C RAC HGT WGT W' CPE FRCE E AKAIMlSCIMONIKER S-STOLEKt. X.SUSPECT VEHIClE- Z.sazED..' VEWVSlIVRI" VEHCLE:o' CODE UC VIN VYR WJ< TOP VICT C VEH ENTERED MlNCIS . o yO N COLOR CODES: 1. ALUMlSILV 9. 2. AOJA 10. 3. BEIGE ". .. Bl.'-CK ,2. 5_ BLUE , 3_ 6. BLUE. DK ,.. 7. BLUE. LT '5. 6. BRONZE '6. VEHICLE DESC. 1. LEVEL ALTERED 2. STICKEMlECAL ON BOOYIBUMPER 3. STICKEAIOECAL ON WlNOON .. RUST OR PRIMER FV1C E 12. VINYL TOP , 3. EXTRA ANTENNA(S) MIRRORS ,.. SPECIAL RIMSITlRES 15. LOUD MUFFLERS '6_ SMQKEDIOK WINDOWS , 7. REFLECTIVE WINDOWS ,8. OTHER 5. PAlNTED INSCRIPTlCN ON BODY 6. DECORATIVE PAlNT 7. DAMAGE TO FRONT 8. DAMAGE TO REAR 9. DAMAGE TO SIDE ,0. MISSING PARTS ". WINDOW BROKEN 25. RED 26. TAN 27. TlJRClUOlSE 28. WHITE 29. YELLOW 30. MULnCOL 3'. OTHERlUNK 32. PRIMER GREE'TN. LT GREEN. DK l.'-VENDER UME OUVE ORANGE PiNK PURPLE BROWN 17. BURGMAR ,8. CHROME. , 9. COPPER 20. CRMIIVRY 2'. GOLD 22. GRAY 23- GREEN 2'. DESC VEH MISC INV NOTIFIED SIGN CFS-DISPOSlTlON: A . CLAO/ARREST ADULT C . EXCEPT. CLEARED G . GOM1T1. ALCOHOL REl.'-TED Y U N.8 S . ASSIST/ADVISED T .OTHER U .UNFOUNDED s I . INACTIVE J . CLRO/JUV. CONTACTED R . REFER TO OTHER AGENCY CPR STOIRECIEVI OFFENSE: BURGLARY 1 DAMAGE TO PROPERTY 1 THEFT: DESCRIPTORS lYPE STRUCTURE: 1. RESIDENCE .. CHURCH 2. APARTMENT 5. GARAGE 3. SCHOOL 6. SHED 7. BUSINESS 8. VEHICLE 99. OTHER BURGLARY ELEMENTS: 1. ALAAM INOPERATIVE 2. BURGLAAIZED DURING PAST 12 tdONTHS 3. AOMITTED STRANGER OR TRADESMAN DURING PAST 7 DAYS (RESIDENTIAL BURGLAAY ONLY) .. TELEPHONE SUflVEY,uNUSUAL CAl.J.S'H,ANGUPS 5. HOUSE VACANTIUNDER CONSTRUCTION 8. SAfE BFlEAKIATTEMPT METHOD 7. ALAAM DISABLEMAMPEREO WITH 98. NtA 99. OTHER SUSPECrs ACTIONS: 1. MALICIOUS DESTRUCTION 2. REMOVED PRINTS 3. USED TOOLS FOUND AT SCENE .. BURGLAAYNOTCOM~D S. ATEIORANK ON PREMISES 6. TURNED LIGHTS Clf'<<:lFF 7. DEFECATED 8. BROKE 1,,",0 COlN-OPERATED MACHINE 9. KNEW LOCATION OF HIDDEN CASH , O. TRIPPED AlARMlRETURNEO LATER 97. UNKNOWN 99. OTHER I PROPERTY CODES: 0- DAMAGED E - EVIDENCE F-FQUNO L-LOST R'RECOVEREO> S-STOlEK" C - COllRABANlk l('.SAFEKEEf'1NG o.OTHER W.SEARCHWARIWIT;c<', . I CODE I QTY. DESCRIPTION: (SIZE. COLOR. MAKE. MODEL'. STYl.E. MATERIAL' SERIAL' lOAN. VALUE r I \ \ I I POI,,", OF ENTRY: ,. FROHT .. DOOR 2. REAR 5. WINDOW 3. SIDE 6. SUOING GLASS! PATIO - 7. DUCTNENT 8. AOJ. BUILDING 9. ROOFIFLOOR 10. WALL 11. OPEN GARAGE 12. OVERHEAD DOOR 99. OTHER VICTIM WAS: 1. PRESENT 2. ABSENT 3. AT FUNERAL .. AT WEDDING 5. AT CHURCH 6. AT WORK 7. ATSCHOOL 8. MOVIE/PROGRAM. 9. OUT.QF-TOWN 10. SHOPPING 99. OTHER METHOD OF BREAKING: 1. KEY 2. BROKE GLASS 3. ClIT GLASS .. PRIEOlJ1MMIED 5. REMOVED WINDOW 6. REMOVED AIC FAN 7. BROKE/KICK.IN DOOR 8. REMOVED DOOR 9. ClITlBROKE LOCK , O. UNLOCKEOItIO FORCE ". HID IN BLOG. , 2. REMOVED OTHER 99. OTHER . . CSW ,,-..-....,-_........-.._, 'W"h,__.,-;.",.,..~..,,,,'_""""'_'_" INSTRUMENT USED: ,. KEY 2. PRYING TOOL 3. SAWIORILL .. BOlT CUTTER S. CHOPPING TOOL 8. HAMMER 7. BRICK/ROCK 8_ CHAN. LOCKS 9. TAPE '0. VEHICLE ". BODILY FORCE ,2. INCENDIARY DEVICE 99. OTHER 97. UNKNOWN 98. NONE ~~~ ~ ~ ~ ;;,~"~~h~: '~~, ::~.f?:~~~ ~}~~::;~ '~ ~. ~= (l:;;=~ ;-'4.,O,-/;f7/c' ~~~ ~ A.",< OJ," A~ A'~ Z _ ~ ~~./, ?l/~-J ~.ifD ,r~u.~fL CLu;d 3 ..?: i~;:'~/"-~' ,6".;,/ th-"J?,ft ;TA, fv;Lt,:". ~7 ~ ~~ rt~: '~ - ~A~-" ;tN;r r:! Wib-Y,p Y>o I- h.HAA' /, ,-"-"_ .,.A': _;;'" c7-_L _,~. ,A IdLA.L /o.,..:f 0:.(""".' C<. rl'1 oJ \J~':a: j~:t D-tk: "t:~ ~ ,,,,~t,-,, ,-- : YN ~,,:;f.r ,j e,-, ; c' .~~:<>r<,R ~ __ d _~N1-0 :: ILk A j 1\ (' ~{ ^I -1~ /U /1/1/ .:t -h~,- Cz /t-'7 CI\ -f ;~"\ tIP ~ 2.uJ c:> j I" ALAAM SYSTEM: ,. LOCAL 2. CENTRAL 3. POUCE .. AlITO AlARM TYPE: 1. BEWSIREN .. 2. SILENT S. 3. AUDIO 6. MOTION PERIMETER VAULT 7. BUILDING 8. DRIVE-IN 97. UNKNOWN 98. NONE o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NO. R A RESOLUTION DECLARING A DOG OWNED BY REBECCA SUE WHITE, 15934 XENIA STREET N.W., AS A "BITING DOG". WHEREAS, a dog owned by Rebecca Sue white bit a resident of the City of Andover; and WHEREAS, the City of Andover Dog Ordinance allows for a hearing before the City Council to declare such dogs as "biting dogs"; and WHEREAS, it is the oplnlon of the City Clerk that said dog should be classified as a "biting dog". NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby declare a Rottweiler owned by Rebecca Sue white of 15934 Xenia Street N.W. a "biting dog". Adopted by the City Council of the City of Andover this day of , 19 CITY OF ANDOVER ATTEST: Kenneth D. Orttel - Mayor victoria Volk - City Clerk 'lCA'<"""'''~-'''''''''''\ ,t "\ s,j ~, ~\, / -~.,~.. __;;fc~ _~~e!\ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Jul 2, 1991 ITEM NO'1/-. ORIGINATING DEPARTMENT Pla~ning ~ Davld L. Carlberg City planner AGENDA SECTION NO. Discussion Items rBV: REQUEST The City Council is asked to review the Special Use Permit request of Richard Reischel for a liquor License to operate a full service restaurant/bar at the following described property: Suites #104 - #106, Andover Downtown Center 13735 Round Lake Boulevard NW (PIN 32-32-24-13-0080) APPLICABLE ORDINANCES Ordinance No.8, Section 5.03 regulates the Special Use Permit process. Ordinance No.8, Section 7.03, establishes those uses allowed by Special Use Permit. In a Shopping Center District, a liquor license is allowed by the granting of a Special Use Permit. In granting a Special Use Permit, the City Council shall examine the effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. Planning & zoning Review The Planning and Zoning Commission, at their June 11, 1991 meeting, recommended approval of the Special Use Permit request. Attached for your review are the minutes and the staff report from the meeting. Please consult the minutes for resident concerns and how they were resolved. The real issue of the request is the presence of alcohol and the possible problems associated with its use. continued COUNCIL ACTION ,- -, MOTION BY SECOND BY '---' TO o Page Two Special Use Permit - Liquor License Suites *104-*106, Andover D'town Ctr. July 2, 1991 Recommendation Staff and the Planning and Zoning Commission recommend the City Council approve the Special Use Permit request of Richard Reischel for a liquor license to operate a full service restaurant/bar at the following described property: Suites *104 - *106, Andover Downtown Center 13735 Round Lake Boulevard NW (PIN 32-32-24-13-0080) Attached is a proposed resolution for Council review and adoption. Note: The request is to allow a liquor license at the above stated location, the next item on the agenda issues the liquor license. o 8 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -91 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF RICHARD REISCHEL FOR A LIQUOR LICENSE TO OPERATE A FULL SERVIC RESTAURANT/BAR LOCATED AT SUITES #104-#106, ANDOVER DOWNTOWN CENTER, 13735 ROUND LAKE BOULEVARD NW (PIN 32-32-24-13- 0080). WHEREAS, Richard Reische1 has requested a Special Use Permit for a liquor license to operate a full service restaurant/bar located at Suites #104-#106, Andover Downtown Center, 13735 Round Lake Boulevard NW (PIN 32-32-24-13-0080); and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance 8, Sections 5.03 and 7.03; and WHEREAS, the Planning and Zoning Commission finds the proposed use will not be detrimental to the health, safety and general welfare of the occupants of the surrounding lands; the use will not cause serious traffic congestions or hazards; the use will not depreciate surrounding property values and the use is in harmony with the Comnprehensive Plan; and WHEREAS, a public hearing was held and there was opposition regarding said request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission to allow Richard Reischel to obtain a liquor license and operate a full service restaurant/bar at said property with the following conditions: 1. The Special Use Permit will be subject to annual review and site inspection. 2. The Special Use Permit will be subject to a sunset clause as defined in Ordinance No.8, Section 5.03(D). Adopted by the City Council of the City of Andover on this 2nd day of July, 1991 CITY OF ANDOVER ATTEST: Kenneth D. Orttel, Mayor ~ victoria Volk, City Clerk Planning and Zoning Commission June 11, 1991 - Minutes Page 5 ~ (Public Hea~ing: Special Use Pe~mit - Dahl and Associates/Const~uct P~oduct Recove~y Building, Continued) (Motion continued) The pe~mit would have the additional condition that if contaminates a~e found, the City will be notified by Dahl and Associaites. Also, the permit will be reviewed annually by Staff. A public hea~ing was held and the~e was no opposition. A condition to be added that the building be removed 90 days after the approval of the site by Minnesota Pollution Cont~ol Agency. The building has to meet the building and site codes according to O~dinance 78. Add a one-yea~ sunset clause on the construction of the building. VOTE ON MOTION: YES-Peek, Apel, Dehn, Jonak: ABSENT-Pease. Jovanovich, McMullen. Motion ca~~ied. The item wil I be heard by the City Council on July 2, 1991. Hea~lng closed at 8:17 p.m. PUBL~C HEARING: DOWN OWN CENTER FACILITY SPECIAL USE PERMIT - RICHARD REISCHEL. ANDOVER - LIQUOR LICENSE FOR FULL SERVICE RESTAURANT/BAR The hea~ing was opened at 8:17 p.m. M~. Carlberg reviewed the request of Richa~d Reischel of a Special Use Pe~mit fo~ a liquor license to operate a full-service restaurant/bar in the Andove~ Downtown Center, Suites #104 th~ough #106. He is also planning to have a a small dancing floor and music by a OJ. M~. Ca~lberg reviewed the applicable ordinances, Ordinance 8, Sections 5.03, 7.01 and 7.03. The Downtown Center has 670 pa~king places, which is mo~e than is requi~ed. The ordinance requires an estabiishment such as this to have 166 parking spaces. Acco~ding to those calculations, Staff feels there is sufficient pa~king spaces to meet the needs of this business. It is also expected that the business will provide 75 Jobs in the City, and it is anticipated that most of those empioyed'will be Andover ~esidents. The Staff is recommending app~oval of the request. Richard Reischel - stated he's been an Andove~ resident since 1989. He/s spent about 4,000 hou~s on this project, wo~king exclusively on it fo~ the past two yea~s. and has reached an agreement with Andove~ Limited Pa~tnership ~ega~ding a ~estau~ant/bar in the Downtown Center. It will be an All-Ame~ican full se~vice ba~, ~estau~ant, and neighborhood gathering place with Ame~ican casual-type food that wil I be appealing to all ages and to all types of people. M~. Reischel went into g~eat detail rega~ding his proposal as outlined in a w~itten document which was p~esented to the Commission. The main emphasis will be on the ~estaurant, as he will be b~inging in a very restau~ant oriented management team. He had originallY wanted to serve breakfasts, though at the present time there is some opposition to that. The dance floor will be small, but it is something that is needed in order to keep the late-night traffIc and to compete with ~) Planning and Zoning Commission June 11, 1991 - Minutes ,--" Page 6 ,-~ (Public Hea~ing: Special Use Pe~mit - Richa~d Reischel, Andove~ Downtown Cente~ - Liquo~ License, Continued) othe~ establishments. M~. Reischel also noted the p~oposals fo~ ~otating specialities, Sunday b~unches. Senio~ Citizen discounts, sponso~ships of local o~ganizatlons, possibly a piano ba~, spo~ts viewing. plus othe~ p~omotions. M~. Reischel also ~eviewed the t~aining and expe~ience of his management team and his expe~ience in the business. noting the intent is to employ 75 people f~om Andove~ and the Immediate a~ea. The funding fo~ the p~oject is bette~ than ~equi~ed, as he has pe~sonallY committed $900,000 to it. Commissione~ Apel felt a majo~ conce~n may be with the p~oblems and wo~~ies of closing ba~s in the evening. which is an element Andove~ had not had. M~. Relschel explained he has the endo~sement of fo~me~ Anoka County Sheriff Buste~ Talbot, who has told him that Andove~ would be a good place fo~ this p.oject. He has held fou. liquo~ licenses in the past, has gotten along with competing nelghbo.s, has neve~ had a liquo. citation, and has had ve.y few p~oblems. M~. Reischel also explained the t~ainlng p~og~am his employees will take with ~espect to custome~ se~vice, alcohol awa.eness, and alcohol ~elated p~oblems. With his backg~ound and expe~lence, he feels confident he can handle any p~oblem. (Commlssione~ McMullen a..ived at this time. 8:47 p.m.) M~. Reischel summa~ized his backg~ound and expe~ience, feeling he is the best type of ope~ato~ fo~ the City of Andove~ to conslde~. The ~estau~ant is p~oposed to have about 253 seats, with the business divided 60 pe~cent ~estau~ant, 40 pe~cent liquo~. Chai~pe~son Peek opened the hea~ing fo~ public testimony. Dale St~assbu~a. 3422 136th Lane NW - likes the idea of a ~estau~ant. but was conce~ned about se~vlng alcohol. He didn't feel that se~ving alcohol is compatible with the othe~ family-o~iented businesses in the mall. He was conce~ned about the activities afte~ the closing hou~s of the ba~ and the excessive noise in the neighbo~hood. It will ~equi~e a lot of coope~ation with the law enfo~cement. Plus the~e is a chu~ch ac~osS the st~eet. :_) Ge~ald Pridd. 13828 Round Lake Bouleva~d - has lived the~e nine yea~s and been an Andove~ ~esident fo~ 17 yea~s. The lot was empty when he moved In and has changed d~amatically since then. The t~affic on Round Lake Bouleva~d has inc~eased six times. They have seen nume~ous ~ea~-end accidents. and two child~en have been ~un ove~ in the past two yea~s. Du~ing the annual st~eet dance, the people pa~k on thei. se~vice ~oad and on thei~ lawns; and they spend a lot of time picking up t~ash and getting the ~uts out of the lawn afte~wa~ds. Planning and Zoning Commission June 11, 1991 - Minutes Page 7 ~) (Public Hea~ing: Special Use Pe~mit - Richa~d Reischel, Andove~ Downtown Cente~ - Liquo~ License, Continued) M~. P.idd stated he Is totally against the p.oposal. He was conce.ned about the pa~king space because of the cu~~ent activities of Tasty Pizza and the video sto.e, and the a~ea a~ound Festival Foods is always full. He was conce~ned they would then pa~k on the se~vice ~oad west of Round Lake Bouleva~d. He stated people have not complained much about the p~oblems and annoyances, but he felt this will cause many mo.e p~oblems. Wayne Ande~son. 1018 Main St.eet NW. Andove~ LImited Pa.tne~shlp. owne. of the Downtown Cente~ - has been wo~king with the City since 1980, giving a backg~ound of the development of that a~ea. They a~e anxious to imp~ove the Downtown Cente~, and many of the business people think this is a good use in the Cente~. They a~e confident that M~. Reischel is the pe~son they want in the mal I. He add~essed the t.affic issue, stating it has inc~eased immensely not necessa.ily totally as a ~esult of the Downtown Cente.. The~e has been a t.emendous amount of g~owth in the community. Most of the people would like to see the addition of a .estau.ant. They have found that Andove~ ~esidents a~e ve.y loyal to Andove~. They have ce~tain cont.ols ove. the p~oposal th.ough the lease. stating they have ~esolved the objections. M.. Ande.son stated he would like to see this happen, ~ecommending the City suppo.t it and app~ove the lIcense. Chai.pe.son Peek asked about the ca.nival and parking places. M~. Anderson stated if this is app~oved, they wil I no longe~ b.ing in the carnival. They anticipate a City Celeb~ation continuing, eithe~ at the Downtown Cente~ o~ elsewhere. They have mo~e than adequate pa~king space fo~ the cente~, plus the spaces a~e large. They are also conce~ned about the t~affic In the a~ea, but he thought the City officials and county a~e looking at various options to widening both Bunke~ Lake and Round Lake Bouleva.ds, plus some additional signalization. It has also been thei~ expe~ience that the t~affic patte~ns within the pa~king lots of mal Is is difficult to cont~ol, that people will go whe~e they want to go. But they have found that people shop f~om one end of the mall to the othe~, which dlst~ibutes the pa~king within the lot. Commissione~ Dehn asked about the conce~ns of the othe~ businesses in the mal I. M~. Anderson stated the legal points have been addressed. One of the bigge~ tenants had some pe~sonal conce~ns and the othe~ conce~ns have been ~esolved. Most a~e anxious fo~ the p~oJect to p~oceed to get something new to p~ovide a bIgger d~aw. Ba~b Pridd. 13828 Round Lake Bouleva~d - stated the g~een house has been up fo~ ove~ two months and takes up a great numbe~ of pa~king spaces. She didn/t feel that is being taken into conslde~ation, no~ \ the children in the neighborhood who use the lib~ary, the video and ~) the:pizza place. She didn/t feel that was an envi~onment fo~ liquor. Planning and Zoning Commission June 11, 1991 - Minutes Page 8 o (Public Hea~ing: Special Use Pe~mit - Richa~d Reischel, Andove~ Downtown Cente~ - Liquo~ License, Continued) Commissione~ Apel noted that a~ea is in the st~ip mall, which is totally sepa~ated f~om the mall whe~e the ~estau~ant/ba~ will be located. Discussion continued with some Commissione~s conce~ned about the t~affic situation and with pa~king. Mr. Carlbe~g again assu~ed the Commission that the~e is a lot mo~e pa~king spaces that is needed, that it appears this type of ope~ation was planned fo~ f~om the beginning. M~. Ande~son stated they a~e always on the lookout fo~ p~oblems and solutions to them. The stop signs in f~ont of Festival Foods we~e placed the~eafte~ a p~oblem was identified. The~e is about 11 1/2 acres of parking, which they ~est~ipe eve~y yea~. The pa~king lot has not been full, so that may be why people cut ac~oss it. With additional pa~king, the t~affic flow should solve itself. The impo~tant thing is they have ample pa~king spaces which they had planned fo~. M~. Reischel stated they also add~essed the pa~king when designing the entrances to the ope~ation to encou~age pa~king in the southweste~n po~tlon of the a~ea whe~e the~e is little pa~king now. The ~estau~ant does not want pa~king p~oblems eithe~. Chai~pe~son Peek felt the~e may be a pUblic safety issue with the f~ont doo~ to the outside. M~. Reischel thought the doors will open inwa~d as opposed to outward. He will check that fu~ther. The~e being no further pUblic testimony, Chairpe~son Peek asked for a motion to close the public hea~ing. MOTION by McMullen, Seconded by Dehn, to so move. Motion ca~ried on a 5-Yes, 2-Absent (Jovanovich, Pease) vote. The Commissioners then discussed the p~oposal. The consensus was the presentation was well done, that such a use will compliment the City and will benefit many of the youth programs, but that the~e are conce~ns over the traffic in that vicinity. Since this would be the fi~st on-sale liquo~ license in the City, the Commission cautioned the applicant that the people will become involved if the~e a~e problems. MOTION by Apel, Seconded by McMullen, that the Planning and Zoning Commission recommend approval of the Special Use Pe~mit requested by Richard Reischel fo~ a liquo~ license to operate a full-se~vice restaurant/bar with dancing and ente~tainment activities at Suites #104 through #106, Andover Downtown Center, 13735 Round Lake Boulevard NW, PIN 32 32 24 13 0080. ~ Planning and Zoning Commission June 11, 1991 - Minutes Page 9 Q (Public Hea~ing: Special Use Pe~mit - Richa~d Reischel, Andove~ Downtown Cente~ - Liquo~ License, Continued) (Motion Continued) The Commission finds the ~equest meets the c~ite~ia established in O~dinance No.8, Section 5.03, including: The use will not be det~imental to the health, safety, mo~als o~ gene~al welfare of the community. The use will not cause serious t~affic congestions or haza~ds. The use will not depreciate su~rounding property. The use is in ha~mony with the Comprehensive Plan. In addition, add an annual ~eview by the Staff and a sunset clause of one yea~. A pUblic hea~ing was held and at least three neighborhood individuals were opposed to it. DISCUSSION: M~. Carlberg explained that the hou~s of operation are ~egulated by the State and by the mall itself. VOTE ON MOTION: YES-Peek, Apel, Dehn, Jonak, McMulleni ABSENT- Javonovich, Pease. Motion carried. The item will to go the CIty Counci I on July 2, 1991. Hearing closed at 9:36 p.m. OTHER BUSINESS Withdrawal of Patrick McCov Special Use Permit - M~. Carlberg stated Staff is recommending the Special Use Permit application, which was on the May 28, 1991, Agenda, be withdrawn from the Agenda, and that the $160 fee be reimbursed to the applicant. Staff has interpreted the ordinance that a permit is required fo~ the flood plain but not for a flood frInge area, which this was, and that a permit is not needed in thIs case. MOTION by Apel, Seconded by Dehn, to so move. Motion carried on a 5-Yes, 2-Absent (Jovanovich, Pease) vote. Activities at Ha~efield Farms - Commissioner McMullen wondered if the ope~ation is violating the Special Use Permit by its adve~tising and retail trade. He ~ecalled the applicant said there would not be any advertising and it would be mostly wholesale. Mr. Ca~lbe~g stated the conditions of the permit have not been violated. The applicant is continuing to wo~k with the City on the site plan. There is an easement for a service road there, and the items will be moved back off that ~ight of way. The~e is also a proposal for a green house, which will meet code. The City is watching the situation closeiy. No Commission action was taken. o Sonstebv Minina Permit - Mr. Carlberg stated Ms. Sonsteby has asked for more time to talk to her engineers regarding the mining pe~mit. He is giving he~ two mo~e weeks to get that info~ation. The public hearing is closed. If that info~mation is not received by the next Planning Commission meeting, he will recommend deniai of the permit: and she will have to reapply if she wishes to do any mining. CITY OF ANDOVER REQUEST F,QR :PLANNING COMMISSION ACTION June 11, 1991 .:J DATE AGENDA ITEM 5. Pub. Hearing - SUP Liq. License - Suites #104-#106, Andover D't Center - R. Reischel ORIGINATING DEPARTMENT~ Planning '~. David L. Carlberg City planner APPROVED FOR AGENDA wn BY: BY: REQUEST The Andover Planning and zoning Commission is asked to review the Special Use Permit requested by Richard Reischel for a liquor license to operate a full service restaurant/bar at the following described property: Suites #104 - #106, Andover Downtown Center 13735 Round Lake Boulevard NW (PIN 32-32-24-13-0080) APPLICABLE ORDINANCES Ordinance No.8, Section 5.03 regulates the Special Use Permit process. Ordinance No.8, Section 7.01 lists those uses permitted in a 'Shopping Center District. Restaurants are an allowed use in this district. Ordinance No.8, Section 7.03 lists the uses allowed by Special Use Permit. In a Shopping Center District, a liquor license is' allowed under a Special Use Permit. In granting a Special Use Permit, the following criteria shall be examined. 1. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. The use would not have a detrimental effect. The use would provide a service to area residents and provide employment opportunities as well. 2. The existing and anticipated traffic conditions, including parking facilities on adjacent streets and land. The use" would increase the amount of traffic flow and parking use at the Downtown Center. The parking facilities at the Center will be able to accommodate the increased traffic and parking patterns. , .... '-J 3. The effect on the values of property and scenic views in the surrounding area. The use will not ha~e a negative effect on the values of ~roperty and scenic views in the surrounding area. The restaurant/bar will draw customers to the Downtown Center. Page Two SUP - Liquor License for Restaurant/Bar Andover Downtown Center June 11, 1991 o 4. The effect of the proposed use on the Comprehensive Plan The use would be consistent with the Comprehensive Plan. GENERAL REVIEW The restaurant/bar (to be known as Coopers will have a total seating capacity of 253. attending the meeting to discuss the floor also answer Commission questions. All American Grill) The applicant will be plans, operation and to COMMISSION OPTIONS 1. The Planning and zoning Commission may approve the Special Use Permit requested by Richard Reischel for a liquor license to operate a full service restaurant/bar at the following described property: ' Suites *104 - *106, Andover Downtown Center 13735 Round Lake Boulevard NW (PIN 32-32-24-13-0080) The Commission finds the request meets the criteria established in Ordinance No.8, Section 5.03, including: the use will not be detrimental to the health, safety, morals or general welfare of the community; the use will not cause serious traffic congestions or hazards; the use will not depreciate surrounding property; and the use is in harmony with the Comprehensive Plan. 2. The Planning and zoning Commission may deny the Special Use Permit requested by Richard Reischel for a liquor license to operate a full service restaurant/bar at the following described property: Suites *104 - *106, Andover Downtown Center 13735 Round Lake Boulevard NW (PIN 32-32-24-13-0080) The Commission finds the request does not meet the criteria established in Ordinance No.8, Section 5.03. In denying the request, the Commission shall state those reasons for doing so. 3. The Planning and zoning Commission may table the item. RECOMMENDATION Staff recommends option * 1 .~ rF.~ , ! -. . .-, .... / / ,/ '10. 1/6 c SHADED AREA DENOTES PARK AREA ,.. ~. . ANDOVER '\ '-../ BUILDING DATA ,&0. . noo 33,468 5.f. : .. n01 1.%41 s..:. . ~ n01 491 s.of. ~ n03 391 s.f. '0' n04 543 s.f. :UOS 1,350 ..t. nos 5,59S s.~. n07 4.%U s.~. - nOS/l09 3,357 s.:. 1l1l0a 300 5.0!. nlOh 199 s..~ .. '0' nl1 2.100 5.!. llll% %.100 s.:. lil'OO nl3 %.lOO 5..:. :,..........-. n14 997 s..~. ~ 11115 454 5.!. lll1S .%1 5..:. n17 19,306 s..:. M1':9 11113 1.114 5.!. nl9 1,.14 J.!. , n%o L.95% 5.f. I. . U2L 944 ! ,.. - s.::. n%z 1,570 s..::. ,.'28 . nZJ L,045 5.!. na::J.WtU:I: c::zcs n24 675 5.::. )lUS l.460 5.!. nzs z,oz; ..t. 11'27 1ll%7 1,~1i5 5.:. l!l2S 1.946 s..::. n29 ~50 s ~ eo tQt~l . 97.HS s.':. s.~. ~ ..L1. .~ ... .II... 0__ 11'08 11,011 "" .. 1u.:J .. ...IOIIC' .. r:'1I1.. ,.. ..... :.I -1 J .uwcI. DU.,'U.U. .s82P 11'11 1 1111:1. 1111:1 od ut' ut' ~ CO......TIOII ,1'". '0 -,. M117 . '" .~.... ...... ...-.." -- ,-,...,,-, 1oI110 ,..- . u ... I~. _ NOIIITM EXHIBIT A-2 FLOOR PLAN NOvt:'$ER 16, 1990 '----' The Developer reServes the right to change. s~bsti[lltc, elimin:ue or !,,~ify the contents as described herein that in hi.s.de't~inatiC?nmay be rcqui&ed. Special Use Permit Richard Reischel Downtown Center parking Space Discussion , , o parking Spaces Available at Center - 670 Spaces parking Spaces Required for DTC (113,076 sq. ft. Gross Leaseable Floor Area) 4 Spaces Req./lOOO sq. ft. = 455 Spaces Restaurant/Bar Required Parking Spaces - 166 Spaces (1 Space/40 sq. ft of Gross Floor Area) 5,809 sq. ft. of Restaurant/Bar = 145 Spaces (1 Space/80 sq. ft. of gross floor area of the kitchen) 1680 sq. ft. kitchen = 21 Spaces o " CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 ,j SPECIAL USE PERMIT property Address I J'135' t20t.LIv() Lf.!. flllltJ, " 4NtJOr/l:..~, Mrv _.c;S3oL( Legal Description of Property: (Fill in whichever is apporpriate): Lot /- .....1 Block.#: 1_ Addi tion plat Parcel PIN R3~ .J:J ~t/ AS (If metes and bounds, attach the complete legal) 008D 0/0 01c' /1 ********************************************************************* k..~ r::;,. c, { '.'J /0 n,JtrnrJ;17:;:;: LL -Se7t.v,G(.=- 4-1 .4~ov~ Aor1t.t'~r A?~:7?'*UA~ 1 I Reason for Request ?:? LJ;:; /04-" Jl)S" J- Jec., Section of Ordinance J1 Current Zoning Sh<J~/:J/i..J, CE-;-r=.J ********************************************************************* Name of Applicant tf, CI-h4~-(} oG ,;2 0 J .9-Ill-I J. tV Home Phone 7sL/-9ro? I Business Phone Signature ~ 2~(A)'~~j,od (J ). ,A)w Ac-7ScHE L Address 4/VtJo()1..~ Y14 IV .s.s3cx.j Sri J1-1 (!" 'SjJ~/ f/ Date ********************************************************************* property Owner (Fee Owner) (If different from above) A IV 00 Vt-~ J. ' Y1A.1 Tl:~ "o/9#. Twifli!S II-/;(J Home Phone r?nu....AJ L'K.I3t.v., SU.I rc- M,:3 0 ,,4w,tJo'J/Pl?, Mu sr31 Business Phone L/ ~/-l./t/,;)(, Date l0~/7' / Address 1."1'73S' ~) ********************************************************************* SPECIAL USE PERMIT PAGE 2 o Attach a scaled drawing of the property and structures affected showing: scale and north arrow; dimensions of the property and structures; front, side and rear yard building setbacks; adjacent streets; and location and use of existing structures within 100 feet. The names and addresses of all property owners within 350 feet of the' subject property must also be provided. Application Fee: $150.00' Filing Fee: $10.00_ ._~--- Date Paid $50.00 ~+I C( I i Receipt * 3t:J.,lo Amended Special Use Permit Fee: CRITERIA FOR GRANTING SPECIAL USE PERMITS In granting a special use permit, the city Council shall consider the advice and recommendation of the Planning Commission and: the effect of the proposed use upon the health, safety, morals . and general welfare of occupants of surrounding lands, existing and anticipated traffic conditions including parking facilities on adjacent streets and lands, the effect on values of property and scenic views in the surrounding area, and the effect of the proposed use on the Comprehensive plan. '\ o Sand.ra-J-J:)OW~ r 17130 Zeolite NW Anoka, MN 55303 Charles R & Judith Hudson ,-Q64 Silverod ct NW \ "'__j::Jver, MN 55304 Kathleen M Felling 10775 Maple valley Dr Maple Grove, MN 55369 Rodney D Toth 13853 Silverod ct NW Andover, MN 55304 Timothy S & Pamela R Howe 13872 Rose NW Andover, MN 55304 Marcia M Miller 13846 Rose NW ~~dover, MN 55304 sandra K Ohotto 13816 Quay St NW Andover, MN 55304 ~eil & Elizabeth Tobiason 3453 - 138th ct NW Andover, MN 55304 John W & paulette Von Arx 3478 - 138th ct NW Andover, MN 55304 pamela J Johnson 3454 - 138th ct NW Andover, MN 55304 ') '~ceven C& Debra M Elliot 13781 Quay st NW Andover, MN 55304 ....................-..-- --.. ......::1--- 13876 Silverod ct NW Andover, MN 55304 Randy L & Kathryn Kuhlman 13858 Silverod ct NW Andover, MN 55304 Andrew & Cathy Bryce 13841 Silverod NW Andover, MN 55304 Robert D & Christine Young 13861 Silverod ct NW Andover, MN 55304 Thomas T & Mary L Johnson 13858 Rose NW Andover, MN 55304 Patrick J & Brenda A Gegen 3462 - 138th Ln NW Andover, MN 55304 steven A schnickels 3437 - 138th ct NW Andover, MN 55304 Joel R Smith Linda Jenson 3477 - 138th ct NW Andover, MN 55304 Lynne D Klatt 3470 - 138th ct NW Andover, MN 55304 John P Belpedio 3446 - 138th ct NW Andover, MN 55304 Richard L & Joann M Rakow 13769 Quay st NW Andover, MN 55304 13870 Si1verod ct NW Andover, MN 55304 Hans J & Ramona J Morell 13852 Silverod ct NW Andover, MN55304 David G & Joan E Bushman 13847 Silverod Ct NW Andover, MN 55304 Donald & Susan Von Ende 13875 Silverod NW Andover, MN 55304 Clinton & M K Heckenlaible 13852 Rose NW Andover, MN 55304 Mark A & Teri Struthers 3456 - 138th Ln NW Andover, MN 55304 Michael G & Rebecca Hall 3445 - 138th ct NW' Andover, MN 55304 City of Andover 1685 Crosstown Blvd NW Andover, MN 55304 Robert E & Mary Swanson 3462 - 138th Ct NW Andover, MN 55304 Carole J Johnson 3438 - 138th ct NW Andover, MN 55304 A P Development Corp 6701 West 23rd st Mpls, MN 55440 3477 - 138th Ct NW Andover, MN 55304 st Anthony National Bank 15 Bunker Lake Blvd NW "'----"::lover, MN 55304 '-./ Sandra B Sanderson 3707 - 139th Ave NW Andover, MN 55304 Ronald J & Shirley Ramola 13803 Undercliff NW Andover, MN 55304 Donald A & Renee R Blue 13737 Underclift NW Andover, MN 55304 Local oil Co pf'l Box 517R lka, MN 55303 Grace Lutheran Church 13655 Round Lake Blvd NW Andover, MN 55304 <J 3461 - 138th ct NW Andover, MN 55304 Bruce T & Shirley E Juhl 13844 Round Lake Blvd NW Andover, MN 55304 Jay W & Lola L Fortner 13808 Round Lk Blvd NW Andover, MN 55304 6272 Boone NO Brooklyn park, MN 55428 Gerald T & Barbara pridd 13828 Round Lake Blvd NW Andover, MN 55304 Donald A & Marcia Schmid 13758 Round Lk Blvd NW Andover, MN 55304 patrick W & Linda A Chapman Steven L Boie 13747 Undercliff NW 13727 Underclift NW Andover, MN 55304 Andover, MN 55304 Doris L Boie 13752 Round Lk Blvd NW Andover, MN 55304 Meadow Creek I Rt Box 163 Delano, MN 55328 Triple S Investments 1335 Mendota Heights Dr Mendota Heights, MN 55120 David A & Kathryn Danson 13748 Round Lk Blvd NW Andover, MN 55304 Meadow Creek Assoc 3480 Bunker Lk Blvd NW Andover, MN 55304 Galen & Linda Gunderson 13848 Silverod ct NW Andover, MN 55304 l...~Qi')..c.. \OJ CITY of ANDOVER , \ '--../ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The Planning and zoning Commission of the City of Andover will hold a public hearing at 7:30 p.m., or as soon thereafter as can be heard, on Tuesday, June 11, 1991 at the Andover City Hall, 1685 Crosstown Blvd. NW, Andover, MN to review the Special Use Permit request of Richard Reischel for a liquor license to operate a full service restaurant/bar facility located. in suite 1104, 1105 and 1106 of the Andover Downtown Center, 13735 Round Lake Boulevard NW (PIN 32-32-24-13-0080). All written and verbal comments will be received at that time and location. A copy of the application and location will be available at Andover City Hall for review prior to said meeting. t~~~ vlctorla Vo , City Clerk publication dates: May 31, 1991 June 7, 1991 - '\ U u '/~t'<~-"""'-""~''''''''''\' i/ '~\, ~, ~! '~\ ~l 11" Ii' '~~ ",.:;$~~ o~"",'!I;~~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE ,Tll1 Y ? I qql ITEM Approve Liquor Lic./ NO. 57 R. Reischel Admin. V. Volk \t~ APPROV~. FOR AGE~t),A I , BY: / V AGENDA aECTION . NQ D1scuss1on Items ORIGINATING DEPARTMENT BY: Upon approval of the location for a restaurant/bar as requested by Richard Reischel, Council is requested to approve an on-sale intoxicating liquor license for Mr. Reischel (Reicor Investments, Inc.) . All of the necessary insurance certificates and bond have been submitted to the City along with the license fees. The Sheriff has been requested to do a background check and that information has not been received as yet. I expect to have it by the date of the meeting. After Council action on this item, the application needs to be sent to the Liquor Control Division of the Department of Public Safety for their approval. Attached is a copy of the City application form and the State form. V:Attach. COUNCIL ACTION MOTION BY \........ TO SECOND BY ~ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA APPLICATION FOR ON-SALE INTOXICATING LIQUOR LICENSE Whoever shall knowingly and willfully falsify the answers to the following questionnaire shall be deemed guilty of perjury and shall be punished accordingly. In answering the following questions, "Applicants" shall be governed as follows. For a Corporation, one officer shall execute this application for all officers, directors, and stockholders. For a Partnership, one of the "Applicants" shall execute this application for all members of the partnership. Give applicant's date of birth Birthdates of Partners or Officers of Corporation .:r" /vu I'#!:y <PI /?S Ol (CO~IJvAP ) AuGu.rr ~ IT'S-S- 3. The residence for each of the applicants named herein for the past five years is as follows: ....?.lo> () /S~)].; ~ -'</. A/,(.I}' A~.<:Jot/~ ~~;;~ ~;;L/'I{J r.~:~~ L~~'Jf::~~~i( ~~~7 4. Is the applicant a citizen of the United States? If naturalized, state date and place of naturalization. 3~S /V /.r.J , If a corporation or partnership, state citizenship of all officers or partners. U. ,S. ,q, 5. The person who executes this application shall give spouse's full name and address. ~~A\"c.~~t. 7r-I kJ , J4l1/tJot/~S"l'?; M/V ,c.,aDlf' <J 6. What occupations have applicant and associates in this application followed in the past five years? ()u:J-v€'R n;:Jt;'l211-n:>-RC ~f: ~ / /Zt.J!, 7~.'H~ /AA/:.~-C CJ~ L3 , . ON-SALE LIQUOR LICENSE APPLICATION PAGE 2 ~~ 7. If a partnership, state name and address of each member of partnership. /l//,4 . If a corporation: Date of incorporation: /1/)3 /R7 State in which incorporated:' /J1'IV~,A--:ro?J4 Amount of authorized capitalizat~on: 4.;7/, pJl'Wl YAlu~ Amount of paid capital: A/~~ If a subsidiary of another corporation, so state: ~/~ Name and address of all officers, directors, and S~~~;~~j~~~~if~~~~. If incorporated under the laws of another state, is corporation authorized to do business in this state? A//A Number of certificate of authority. A//~ If this application is for a renewal of license, state whether any changes have been made in the Articles of Incorporation and By-Laws since the last issuance of license. I1/IA . 8. On what floor is the establishement located, or to be located? Gr'lnu ,vI(] ,c-L o~ 9. Describe the premises to be licensed. 51'J4CI.-<; fl.110t/- /410~ Nt - /0 I" of-" tf)lHdJ I 'T' A -;;l. F2.0o~ rOl/1-N rbn ~"" "1'OIovJ'o.' Ce..<n:01. i;1~ ( St'?' h '7'77<1OH-tI'>O ) . 10. Is the establishment located near an academy, college, ~ universi ty, church, elementary or high school? .4cr20sr sm.~ 7D-.101(]).( State approximate distance of the establishment from such school or church. t/l./9 -r /--~ 11. Give name and address of owner of building. 1.~~'Jr~",':;%1::;' ~~:~:.J~~t:WAAl3~, Aw4DP~) Mw ,~JoV Has owner of building any connection, directly or indirectly, with applicant. A/O 12. Are the taxes on the above mentioned property delinquent? 1110 o In accordance with Ordinance No. 56, no license shall be granted for operation or renewal on any premises on which taxes, assessments, or other financial claims of the City are delinquent and unpaid. ON-SALE LIQUOR LICENSE APPLICATION PAGE 3 o 13. State whether applicant, or any of his associates in this application, have ever had an application for a liquor license rejected by any municipality or state authority. A/~ If so, give date and details: A./ / J4 . 14. Has the applicant, or any of his associates in this application, during the five years immediately preceeding this application ever had a license under the Minnesota Liquor Control Act revoked for any violation of such laws or local ordinances. /VO If so, give date and details: /1.//:4 15. State whether applicant, or any of his associates in this application, during the past five years were ever convicted of any law violations or any crime in this state, or any other state, or under Federal Laws. If so, give date and details: /9J'& (~ll.ll) 1Jl.U.:r-;e\(..~ ~z..ft1,t!C. )7'&'7 (~~ 1Jr..7.r -CeK'kJAX7 At-?suJt--l... 16. State whether any person, other than applicants, has the right, title or interest in the furniture, fixtures or equipment in the premises for which license is applied; and, if so, give name and details: ~ "'A, , w,<) ,rv& ~ " ~'--<. ~I~ LOG 0-- ' loc 17. Is the applicant, or any of his associates in this application, a member of the City Council in the municipality where this license is to be issued? AJn If applicant for license is the spouse of a member of the governing body, or where other family relationship exists, such member shall not vote on this application. AliA 18. Have applicants any interest whatsoever, directly or indirectly, in any other liquor establishment in the State of ~~, Minnesota? HA1/B <-)1'-<:::\.1 14.'::] .z-lViHt.J=S T" I~ <<:;""~~<' ,N/~Luf'3 Give name and address of<( such establishment. c-!:s~3rl~, /)';;Y~~ ::: s~~7( AA~~~C;;~; I, 19. Furnish the name and address of at least three business references, including one bank reference: ~ 1M'" GMP'rAlJ;:JA.ft1A J-....c... ~:1 :~~-;;::;~~~~~~:~.1:J~ ~ ~;;iv~~;;~'l1J$~ #l'nt l ~- A/". i'Yt"" ~~ ~ -;J7CY> 1=. 7n~ J'f:r/D) A;n sr. ~} M IV -<;;,} "'7 . ) '--- 20. What is the seating capacity of this establishment? ~Dn-rX~ 21. During what hours will food be available? /;:00.41M - to 111"1../{ PM\ tw-V-) IMrJ-r4rJJ tJ~ll..F~5 r f!e...<t-Ls. A-t.~o M &!JO 01( l1.!.oo /J-__ ' ON-SALE LIQUOR LICENSE APPLICATION PAGE 4 , '\ '-~ 22. State name of person who will operate restaurant. ;e1~~JO (AJ. J}l"7,<:;C.I+~(_ 23. State name of person who will operate bar. ;e,u"~I4-K.~1 fA. J, ;(!LSJ .<<:.. H I:: L 24. State number of people restaurant will employ. ,-')"0-/00 25. Will food service be the principal business of this establishment? ~~S 26. State trade name to be used. Coo,tJtf7?J.s ALL A'I11E:nICAA.J 6kll...l...- 27. If this restaurant is in conjunction with any other business (such as resort, etc.) describe such business. AY/;q 28. How many years has this business been in operation under this ownership? ~ 29. State whether applicant has, or will be granted an On-Sale Non-Intoxicating Malt Beverage (3.2) License in conjunction with this liquor license. tV 0 30. Does applicant intend to sell intoxicating liquor to other than the consumer? AJD 31. How many months of the year will this establishment be open? /a 32. What is the nearest municipality in which licenses are ) issued to sell liquor at on sale? /-hv/)n Ut'.~ (~/l/o/:A. 33. Applicant and his associates in this application will strictly comply with all the laws of the State of Minnesota governing the taxation and sale of intoxicating liquor, rules and regulations, promulgated by the Liquor Control Commissioner, and all laws of the country, and I hereby certify that I have read the foregoing questions and that the answers to said questions are true of my own knowledge. <72,- eG{}.~~<f'~ Slgnatu e ~?I- hO -t,l/~e Socia Security Num er '1/-/ ~ S- / 002.C;- Minnesota Business Identification Number ~) Subscribed and sworn to 19 (. MAF:GARET M. OLSON NOT~.~Y rUeLic.MINl,fSGlh HENNEPiN COUNTY .~ My Comml>:!on E~,l\rc~ y Octol:er 7. 1992 , . befo,e me thi, ~ day of ~. J~t14ftd;!;, ~ commisslon expires /O-7-'fd-. PS 9011 (11-69) o MINNESOTA DEPARTMENT OF PUBLIC SAFETY LIQUOR CONTROL DIVISION ROOM 440 333 SIBLEY ST. ST. PAUL, MN 55101 PHONE 612.296.6159 CERTIFICATION OF AN ON SALE AND/OR A SUNDAY LIQUOR LICENSE IF NAME AND ADDRESS SHOWN ARE NOT CORRECT. MAKE CHANGES IN SPACES BELOW. ISSUING AUTHORITY (Check only one I CITY OF ,t:}n/.(}OIN.-ve COUNTY OF /-J..vokl1 The Licensee must have one of the following: CHECK ONE o A. Liquor Liability Insurance (Dram Shop) - $ 50,000 per person; $100,000 more than one person; $10,000 property destruction; $50,000 and $100,000 for loss of means of support. ATTACH "CERTIFICATE OF INSUR. ANCE" TO THIS FORM ~ OR o 8. A Surety bond from a surety company with minimum coverages as specified above in A. c. A certificate from the State Treasurer that the licensee has deposited with the State, Trust Funds having a market value of $ 1 00,000 or $100,000 in cash or securities. I CERTIFY THAT THIS LICENSE WAS APPROVED IN AN OFFICIAL MEETING BY THE GOVERNING BODY OF THE CITY OR COUNTY. Given Under My Hand and the Corporate CITY/COUNTY Seal this dayof 19_ SEAL Clerk or Auditor During the past license year has a summons been issued under the Liquor Civil Liability Law (DRAM SHOP)? 0 YES 0 NO If yes, attach a copy of the summons. COMPLETE THOSE ITEMS THAT APPLY TRANSACTION TYPE o RENEWAL o NEW o TRANSFER o REVOKE/CANCEL o SUSPENSION ADDRESS CHANGE FROM DATES SUSPt::NS10N FROM TO DATE OF REVOCATION/CANCELLATION ~J TRANSFER OF QlNNERSHIP FROM (NAME AND ADDRESSI IMPORTANT NOTICE ALL RETAIL LIQUOR LICENSEES MUST HAVE A CURRENT FEDERAL SPECIAL OCCUPATIONAL STAMP. THIS STAMP IS ISSUED BY THE BUREAU OF ALCOHOL FIREARMS AND TOBACCO. FOR INFORMATION CALL 612.290.3496. CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304. (612) 755-5100 ~ MEMORANDUM TO: COPIES TO: FROM: DATE: REFERENCE: Mayor and City Council Vicki Volk, City clerklJ; . June 28, 1991 R. Reischel Liquor License I spoke with the North st. Paul Police Chief today regarding Mr. Reischel as he had owned a bar/restaurant in that city. The police chief had no negative comments regarding Mr. Reischel and his operation in North St. Paul. ,------- , . '-.../ i,l~:""""''''C'''~>'",\ ~ .~ ,- " "!!.,'~ J '\~._I ~ "i~, <,/i --~;'''!/(i~~~-ii-.''!Ji'' CITY OF ANDOVER REQUEST FOR COUNCIL ACfION ITE,;>peCla.L ~se l:'erml ~ N~-~ennel Llcense ~. 4180 165th Ave NW DAT~uly 2, 1991 ORIGINATING DEPARTMENT ~ Planning L-- David L. Carlberg City Planner BY: :lr10A AGENDA SECT~ON NO. Discusslon Items REQUEST The City Council is asked to review the Special Use Permit request of Robert and Kathy DeBoer (Abbey Road Kennels) to operate a dog kennel at the following described property: 4180 165th Avenue NW (PIN 18-32-24-11-0002) APPLICABLE ORDINANCES Ordinance No.8, Section 5.03 regulates the Special Use Permit process. Ordinance No.8, Section 7.03, establishes those uses allowed by Special Use Permit. In an R-1, Single Family Residential District, dog kennels are allowed by the granting of a Special Use Permit. In granting a Special Use Permit, the City Council shall examine the effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. Planning & zoning Review The Planning and Zoning Commission, at their June 11, 1991 meeting, recommended approval of the Special Use Permit request with conditions. Attached for your review are the minutes and the staff report from the meeting. continued COUNCIL ACTION /-, MOTION BY TO SECOND BY .~ ;~ '0 Page SUP 4180 July Two - DeBoer Kennel 165th Avenue NW 2, 1991 License Recommendation Staff and the Planning and zoning Commission recommend the City Council approve the Special Use Permit request of Robert and Kathy DeBoer (Abbey Road Kennels) to operate a kennel at the following described property: 4180 165th Avenue NW (PIN 18-32-24-11-0002) Attached is a proposed resolution for Council review and adoption. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -91 u A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF ROBERT AND KATHY DEBOER (ABBEY ROAD KENNELS) FOR A KENNEL LICENSE TO OPERATE A KENNEL LOCATED AT 4180 165TH AVENUE NW (PIN 18-32-24-11-0002), LEGALLY DESCRIBED AS: UNPLATTED CITY OF ANDOVER ALL THAT PART OF THE N 662 FT OF THE NE 1/4 OF SEC 18-32-24 ANOKA CNTY, MN WHICH LIES E OF THE FOL DESC LINE & WHICH LIES W OF A LINE PRLL/W & DIST 330 FT E OF THE FOL DESC LINE - BEG AT A PT ON THE N LINE OF SO NE 1/4 SO PT LOCATED 1231 FT E OF THE NW COR OF SO NE 1/4 TH S AT A RT ANG A DIST OF 662 FT & THERE TERM; EX RE; SUBJ TO EASE OF REC. WHEREAS, Robert & Kathy DeBoer have requested a Special Use Permit for a kennel license to operate a kennel to be located at 4180 165th Avenue NW (PIN 18-32-24-11-0002) and legally described above; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance 8, Sections 5.03 and 7.03; and WHEREAS, the Planning and Zoning Commission finds the proposed use will not be detrimental to the health, safety and general welfare of the occupants of the surrounding lands; the use will not cause serious traffic congestions or hazards; the use will not depreciate surrounding property values; and the use would be consistent with the comprehensive plan; and WHEREAS, a public hearing was held and there was some opposition regarding said request; and WHEREAS, the Planning and zoning Commission recommends to the City Council approval of the Special Use Permit requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission to grant the Special Use Permit requested to allow Robert & Kathy DeBoer to operate a kennel at said property with the following conditions: 1. The Special Use permit will be subject to annual review and site inspection. 2. The number of dogs on the property will be limited to eight (8) dogs over the age of six months. 3. The special Use Permit will be subject to a sunset clause as defined in Ordinance No.8, Section 5.03(0). Adopted by the city Council of the City of Andover on this 2nd day of July, 1991 CITY OF ANDOVER ~ Kenneth D. Orttel, Mayor ATTEST: Victoria Volk, City Clerk o CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING - JUNE 11. 1991 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Randy Peek on June 11, 1991, 7:30 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners absent: Also present: Maynard Apel; Bonnie Dehn, Steve Jonak, Marc McMullen <arrived at 8:47 p.m.) Becky Pease, Bev Jovanovich City Planner, David Carlberg: and others Commissioners present: APPROVAL OF MINUTES May 26, 1991: Page 3, last paragraph, correct to: "...property address is south of 14433 Hanson." Page 5, the fourth condition to read: "The sign shall be located.... Page 6, last paragraph, correct to: "Mr. Carlberg informed the Planning and Zoning..." MOTION by Dehn, Seconded by Jonak, approval as amended. VOTE ON MOTION: YES-Dehn, Jonak, Peek: PRESENT-Apel: ABSENT-Pease, Jovanovich, McMullen. Motion carried. PUBLIC HEARING: SPECIAL USE PERMIT - ROBERT & KATHY DeBOER/KENNEL LICENSE Mr. Carlberg reviewed the application for a Special Use Permit by Robert and Kathy DeBoer, Abbey Road Kennels, 4180 165th Avenue NW, to operate a kennel. The applicable ordinances are Ordinance 8, Section 5.03 and Ordinance 8, Section 7.03. The Staff is recommending approval of the permit with the condItion of an annual review and a limitation on the number of dogs ~ Bob DeBoer - moved here from Minneapolis in March and has three St. Bernard working and show dogs. They converted a 30x30-foot building and added four runs that are 8x36-feet long, They anticipate no more than four or five adult dogs, with the exception of liters. They also plan to breed and do carting and sledding. Mr. DeBoer stated they have no problem with limiting the kennel to eight dogs, as they don't have room for more than that and they do not plan to add onto the structure. He didn't think there has been a problem with noise from his dogs. Mr. Carlberg advised that adult dogs are considered six months or older. The hearing was then opened for publiC testimony. Planning and Zoning Commission June 11, 1991 - Minutes /' '\ Page 2 V (Public Hea.ing: Special Use Pe.mit - DeBoe./Kennel License, Continued) Bob Johnson. 4224 165th Avenue - lives next doo. to the west, about 100 feet f.om the DeBoe.'s home. He felt the.e could be a lot of objections to the p.oposal because of the noise and potential devaluation of his p.ope.ty. The.e is a little noise p.oblem .ight now, as he has hea.d dogs ba.king constantly. He fea.ed that by allowing eight dogs plus Iltte.s, it will c.eate a lot of noise. They also have a lot of wildlife, having fed dee. eve.y winte. fo. the last 15 yea.s, which may be sca.ed away by the ba.klng dogs. M.. Ca.lbe.g stated at the time of .eview, if the.e a.e complaints, the City has a p.ocedu.e to .evoke the pe.mit. Chai.pe.son Peek noted that the kennel is on the opposite side of the prope.ty f.om M.. Johnson's house. Bud Holst. 4276 165th Avenue - asked about the cu.rent zoning and whether a kennel license is allowed. Without the kennel license, how many dogs a.e allowed? Chai.pe.son Peek explained it is an R-l zone in which a kennel is allowed by Special Use Permit. Three dogs a.e allowed without a permit. Mr. Holst - was conce.ned about what might happen to the wildlife. They have air conditioning but can sometimes stil I hea. ba.king, and they a.e fu.ther away f.om the DeBoers than the Johnsons. Noise has only been a p.oblem the last couple months when he's had an occasion to be outside. His conce.n is what may happen. If he had a chance to vote, he would vote against the permit. John Hunt. 16200 Valley Drive - was also conce.ned about the noise, the vaiue of the land and the wiidiife. He'd rathe. not have that kennel. He has heard barking but has not been bothe.ed by it. If more dogs are brought in, the matter could get wo.se. Mr. DeBoer - stated he too is conce.ned about nature and wildlife, and he also has dee. In his yard. Thel. dogs a.e eithe. in the kennel, on a leash or in ca.ts. They a.e not allowed to run loose, stating most dogs in that a.ea a.e not leashed. When thei..dogs ba.k, they try to quiet them down. The kennel is insulated on the walls and ceiling, and the dogs don't even hea. when someone comes in thei. ya.d. He has hea.d othe. dogs ba.king incessantly in the neighborhood. The.e being no further testimony, Chairpe.son Peek asked fo. a motion to close the pUblic hea.ing. MOTION by Dehn, Seconded by Jonak, to so move. VOTE ON MOTION: YES-Peek, Apel, Dehn, Jonak; ABSENT-Pease, Jovanovich, McMullen. Motion ca.ried. ,.) Though the Commission recognized the concerns of the neighbors, it was felt that the DeBoe.s should be given an oppo.tunity to operate the kennel; and If there is a problem, the.e is a procedu.e to revoke the pe.mitif necessa.y. Planning and Zoning Commission June 11, 1991 - Minutes Page 3 ... "- V (Public Hea~ing: Special Use Permit - DeBoer/Kennel License,. Continued) MOTION by Apel, Seconded by Jonak, that the Planning and Zoning Commission ~ecommend to the City Council that the City Council issue the Special Use Permit requested by Robe~t and Kathy DeBoe~ to operate a kennel at 4180 165th Avenue NW, PIN 18 32 24 11 0002. I do so based upon Ordinance No.8, sections ~egulating the type of activites, Section 5.03, and Section 7.03. In g~anting the Special Use Pe~mit, we do and must take into conside~ation the c~ite~ia that M~. Ca~lbe~g mentioned ea~ie~, that being the effect of the p~oposed use upon the health, safety, morals o~ gene~al welfa~e of the community. I don't feel the~e has been any established fact .that this would cause any ill effect upon this. It ce~tainly won't impact in any adverse manner the t~affic conditions. I don't really think that it will affect the values of the prope~ty. It certainly has no bad effect on the proposed Comp~ehensive Plan. However. in issuing the Special Use Permit, we should add some conditions, that the Special Use Permit will be subject to an annual review by Staff, that the Kennel License will be subject to an annual ~ev iew, and the numbe~of dogs allowed wi 11 be limi ted to eight dogs ove~ the age of six months of age. Note that the~e was a public hea~ing held: and that of the adjoining neighbors, the majority did speak in opposition. With the issuance of this pe~mit. it behooves the people holding the permit to talk to the neighbo~s and be awa~e of the problems they may be causing. No boa~ding for the pu~poses of revenue producing be allowed. VOTE ON MOTION: YES-Peek: McMullen. Motion ca~~ied. Council on July 2, 1991. Apel, Dehn, Jonak: ABSENT-Pease, Jovanovich, The item will be hea~d by the City Hea~ing closed at 7:56 p.m. PUBLIC HEARING: SPECIAL USE PERMIT - DAHL AND ASSOCIATES/CONSTRUCT PRODUCT RECOVERY BUILDING. 3118 162ND AVENUE NW The hea~ing opened at 7:56 p.m. M~. Ca~lbe~g ~eviewed the request of Dahl and Associates to construct a 10x16-foot accessory building on 3118 162nd Lane NW, Hughes Industrial Park, property owned by Ace Solid Waste, Inc. The purpose was originally to be a product ~ecovery building, though to date there have been no contaminates found on site. At this point it will be used fo~ ground water pu~ification. O~dinance No.8, Sections 5.03 and 7.03 are to be applied. Staff is recommending app~oval. It is a pe~manent structure, but it wil I be ~emoved when the cleanup is completed. The st~ucture will also meet the requirements of Ordinance 78 fo~ commercial st~uctures. ~~ Rooe~ Axel. Dahl and Associates - explained they a~e an environmental consulting engineering fi~m out of St. Paul. They o CITY OF ANDOVER REQUEST F.ORPLANNING COMMISSION ACTION June 11, 1991 AGENDA ITEM 3. Public Hearing Special Use Permit Kennel Operation 4180 165th Ave NW DATE ORIGINATING DEPARTMENT Planning BY: David L. Carlberg City Planner APPROVED FOR AGENDA O?u BY: REQUEST The Andover Planning and Zoning Commission is asked to review the Special Use Permit requested by Robert and Kathy DeBoer (Abbey Road Kennels) to operate a kennel at the following described property: 4180 165th Avenue NW (PIN 18-32-24-11-0002) APPLICABLE ORDINANCES Ordinance No.8, Section 5.03 regulates the Special Use Permit process. Ordinance No.8, Section 7.03 lists the uses allowed by Special Use Permit. In an R-1, Single Family Rural District, dog kennels are allowed under a Special Use Permit. In granting a Special Use Permit, the following criteria shall be examined. 1. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. The use would not have a detrimental effect. 2. The existing and anticipated traffic conditions including parking facilities on adjacent streets and land. No detrimental traffic conditions should be created. 3. The effect. on the values of property and scenic views in the surrounding area. The request will have no significant impact on property values ?nd scenic views of the surrounding properties.There should not be any negative impact on the scenic views. 4. The effect of the proposed use on the Comprehensive Plan. The request will have no negative impact on the Comprehensive Plan. ,-) o Page Two SUP - Robert & Kathy DeBoer (Abbey Rd Kennels) 4180 165th Avenue NW June 11, 1991 GENERAL REVIEW The applicant currently has one house pet and two (2) show Saint Bernards. The applicant will be purchasing another female dog for breeding purposes, hence the need for a Special Use Permit and a kennel license. The applicant has four (4) kennel runs that could accommodate up to eight (8) dogs. The applicant is intending to keep the kennel small so the dogs will receive the proper attention and care. The city to date has not received any opposition to the operation from property owners within 350 feet of the property. COMMISSION OPTIONS 1. The Planning and zoning Commission may approve the Special Use Permit for a,kennel license requested by Robert and Kathy DeBoer (Abbey Road Kennels) to operate a kennel at the following described property: 4180 165th Avenue NW (PIN 18-32-24-11-0002) The Commission finds the request meets the criteria established in Ordinance No.8, Section 5.03, including: the use will not be detrimental to the health, safety, morals or general welfare of the community; the use will not cause serious traffic congestions or hazards; the use will not depreciate surrounding property; and the use is in harmony with the Comprehensive plan The Commission shall also make the following conditions: 1. The Special Use Permit will be subject to' annual review by Staff. 2. The kennel license will be subject to annual renewal. 2. The Planning and zoning Commission may deny the Special Use Permit requested by Robert and Kathy DeBoer (Abbey Road Kennels) to operate a kennel at the following described property: 4180 165th Avenue NW (PIN 18-32-24-11-0002) The Commission finds the request does not meet the criteria established in Ordinance No.8, Section 5.03. In denying the request, the Commission shall state those reasons for doing so. 3. The Planning and zoning Commission may table the item. '\ \.J . RECOMMENDATION Staff recommends option # 1 , ;; w ",-.. ;; - .- , 3 ~ g 3 . . " . ~ w 0 . . ~ . : ~ . ~ > ; g ~ 3 0 : ~ " ~ : . . 0 . . 11-"- <C ~..- ~ ~ :.:11: '" ... %~ ~_ ~ ~ ~ : ~ ~-;---;.-o--- !~~~~~~8~= ... <C .x .., Q .... .a ~ ~ - w ,;; . . . ~ . 0; ~ 0 0 0 . .-. ;; ~ g = 8 ~ .- 'i ~ !l ; ~ :;; > ~ ~ ~ ; ~ ~ I - 'CP . 'r .~, -L Ii" ~ I, -'-1 ~ fi ~~~'71~': I'b ~.l!.-'! ~'~~~ ~. ...&~q.g-;;4 .'. 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TRACT "EII f I I Y - 165 TH A\JE y . ..... .""",,_.-00 i :L -.f.... ~~ ,1:~ ~!~ .1' i I." ~. Q:-' '. " -.-- JM ....- J6.".J:f~ ~. ,~ , o (d) ~ " ~ " ~ '\i o:l:l ~~ ~. ." !\ I f k\Jf ;iltr:lt @ WI]). )l '.,..1 '- Tilk Rl'~llll/'Ces C(lrp. ,- '; o '101-98 n~norer 4180-16Sch Ave. NW i l, ',~ ".\ '-- v\ ~)e ){ l,) '(,(.0 I -J ,-' 0i Ct) ".J .) ..J M~ \":!j "~~ . "\ \" \ '"1.,;;' '1- ~, ~~~ - ':~ ;l$\~1 ~~ ?'" "'\ . '.'" c.. ~) The information relaling to the aimensions !Ind IllC:llion shown on this e)lhibit:lre based \lpon the rccorded pial or map in the Counly Records andl or impeetion of llle property. The Ii<lbilily of the issuing agent <lnd the Company as to infor- mation contained herein i, limited 10 that cont<lincd in Endorsement rtlrm No, 2071. THIS IS NOT A SURVEY. CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 u SPECIAL USE PERMIT property Address tj; gD I bS-Ci, /lU'i! /IJ LiJ A Ado u e r'- ;VJ /\J S-S doc... / Legal Description of property: (Fill in whichever is apporpriate): ~ f7c~'E. S Lot Block Addition plat Parcel PIN (If meces and bounds, attach the complete lega~) ********************************************************************* !J-rwe ..s!J()Q) 50..//11 &('(l~cl<). me ('un') C1j1 d 6l'eecl. Section of Ordinance Current Zoning ********************************************************************* Name of Applicant ,,6 Address 1/8'0 /&StJ.( JJ(X H~me Phone :P;;B9 Slgnature ~_____~ Business be Ilf1JDue'~, /1;.; ,<r..s-:3C <-/ phone 0;2/ - ,;)27/; Date # { ( ********************************************************************* Property Owner (Fee Owner) (If different from above) Address Home Phone Business Phone ,J Signature Date ********************************************************************* SPECIAL USE PERMIT PAGE 2 .:J Attach a scaled drawing of the property and structures affected showing: scale and north arrow; dimensions of the property and structures; front, side and rear yard building setbacks; adjacent streets; and location and use of existing structures within 100 feet. The names and addresses of all property owners within 350 feet of the subject property must also be provided. CpPlication Fee: $150.00 iling Fee: $10.00 Amended Special Use Permit Fee: $50.00 Date paid'/Io()'oo 5J1hl Receipt * 371 go I CRITERIA FOR GRANTING SPECIAL USE PERMITS In granting a special use permit, the City Council shall consider the advice and recommendation of the Planning Commission and: the effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands, existing and anticipated traffic conditions including parking facilities on adjacent streets and lands, the effect on values of property and scenic views in the surrounding area, and the effect of the proposed use on the Comprehensive plan. I / ~ / "\ o Anoka Ind Grain & Feed 2315 Second Avenue N Anoka, MN 55303 John A Hunt 16200 Valley Dr NW Andover, MN 55304 Inc Jed A & Peggy A Larson 4143 - 165th Ave NW Andover, MN 55304 Arthur W & Phyllis E Leu 4075 - 165th Ave NW Andover, MN 55304 George G III & Diane Holst Jean Mulvany 2905 - 115th Ln NW 16134 Valley Dr NW Coon Rapids, MN 55433 Andover, MN 55304 o Milfred J & LF Banwart 4120 - 165thAve NW Andover, MN 55304 Robert C & KD Johnson 4224 - 165th Ave NW Andover, MN 55304 ::J ~J CITY of ANDOVER CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The Planning and zoning Commission of the City of Andover will hold a public hearing at 7:30 p.m., or as soon thereafter as can be heard, on Tuesday, June 11, 1991 at the Andover City Hall, 1685 Crosstown Blvd. NW, Andover, MN to review the Special Use Permit request of Robert & Kathy DeBoer (Ab~ey Road Kennels) to operate a dog kennel at 4180 165th Avenue NW (PIN 18-32-24-11- 0002) legally described as: . UNPLATTED CITY OF ANDOVER ALL THAT PART OF THE N 662 FT OF THE NE1/4 OF SEC 18-32-24 ANOKA CNTY, MN WHICH LIES E OF THE FOL DESC LINE & WHICH LIES W or A LINE PRtLjW & DIST 330 FT E OF THE FOL DESC LINE - BEG AT A PT ON THE N LINE OF SO NE1/4 SO PT LOCATED 1231 FT E OF THE NW COR OF SO NEI/4 TH S AT A RT ANG A DIST OF 662 FT & THERE TERM; EX RD; SUBJ TO EASE OF REC. All written and verbal comments will be received at that time and location. A copy of the application and location will be available at Andover City Hall fo~ review prior to said meeting. l,;t:~ U Vlctorla Volk, Clty Clerk publication dates: May 31, 1991 June 7, 1991 (j .,>~t("'""""""C'"""'>"" ',;'" '\,. ""l ~"li p ~ ~\ l 11:;" ,i,lff ~~,; ,,_,,~fI ~,,,,,,,,,,,,,"""'W~'If' CITY OF ANDOVER REQUEST FOR COUNCIL ACfION DATE July 2, 1991 AGENDA .SECTION NO, 'D1SCUSSlon Items ORIGINATING DEPARTMENT Plannlng ~ APPROVED FOR AGENDA "ur rLUU. L\t::<.;uvt::cy ITEM Bldg. - Dahl & Assoc. NO.:.,. 3118 162nd Lane NW David L. Carlberg City Planner BY: BY: REQUEST The City Council is asked to review the special Use Permit request of Dahl & Associates to allow for the construction of a purification and product recovery building at the following property: 3118 162nd Lane NW (PIN 16-32-24-23-0003) APPLICABLE ORDINANCES Ordinance No.8, Section 5.03 regulates the Special Use Permit process. Ordinance No.8, Section 7.03, establishes those uses allowed by Special Use Permit. In Residential Districts, uses similar to public utilities are permitted by the granting of a Special Use Permit. In granting a Special Use Permit, the City Council shall examine the effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands; the effect on traffic patterns and congestions; the effect on surrounding property values and the use's consistency with the Comprehensive Plan. Planning & zoning Review The Planning and zoning Commission, at their June 11, 1991 meeting, recommended approval of the Special Use Permit request with conditions. Attached for your review are the minutes and the staff report from the meeting. continued COUNCIL ACTION MOTION BY '-- TO SECOND BY <J /'\ '-.) Page SUP 3118 July Two - Dahl & Associates 162nd Lane NW 2, 1991 Recommendation Staff and the Planning and zoning Commission recommend the City Council approve the Special Use Permit request of Dahl and Associates to allow for the construction of a purification and product recovery building at the following described property: 3118 162nd Lane NW (PIN 16-32-24-23-0003) Attached is a proposed resolution for Council review and adoption. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA o RES. NO. R -91 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF DAHL AND ASSOCIATES TO ALLOW FOR THE CONSTRUCTION OF A 10' X 16' ACCESSORY STRUCTURE FOR PURIFICATION AND PRODUCT RECOVERY PURPOSES TO BE LOCATED AT 3118 162ND LANE NW (PIN 16-32-24-23-0003), LEGALLY DESCRIBED AS: THE EAST 200 FEET OF THE WEST 650 FEET OF THE SOUTH 433 FEET OF THE NORTH 2184.99 FT OF THE WEST 1/2 OF THE NW 1/4 OF SECTION 16, TOWNSHIP 32, RANGE 24, EX RD, SUBJ TO EASE OF REC. WHEREAS, Dahl & Associates has requested a Special Use Permit to allow for the construction of a 10' x 16' accessory structure for the purpose of purification and product recovery to be located at 3118 162nd Lane NW (PIN 16-32-24-23-0003) and legally described above; and WHEREAS, the Planning and zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance 8, Sections 5.03 and 7.03; and WHEREAS, the Planning and zoning Commission finds the proposed use will not be detrimental to the health, safety and general welfare of the occupants of the surrounding lands; the use will not cause serious traffic congestions or hazards; the use will not depreciate surrounding property values; and the use would be consistent with the Comprehensive plan; and WHEREAS, a public hearing was held and there was no opposition regarding said request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and zoning Commission to grant the Special Use Permit requested by Dahl & Associates for the construction of a 10' x 16' accessory structure for purification and product recovery purposes at said property with the following conditions: 1. The Special Use Permit will be subject to annual review and site inspection. 2. The applicant is to notify the City if contaminants are found on the site. 3. The accessory building shall be removed from the site within 90 days of the Minnesota pollution Control Agency's final approval. 7 ~ ~) 4. The building shall comply with Ordinance No. 78, the Commercial Building Construction Ordinance. o <J page Two Resolution - SUP, Dahl & Associates July 2, 1991 5. The Special Use Permit will be subject to a one (1) year sunset clause as defined in Ordinance No.8, Section 5.03(D). Adopted by the city Council of the City of Andover on this 2nd day of July 1991. CITY OF ANDOVER ATTEST: Kenneth D. Orttel, Mayor Victoria Volk, City Clerk Planning and Zoning Commission June 11. 1991 - MInutes Page 3 MOTION by Apel. Seconded by Jonak. that the PlannIng and Zon g Commission ~ecommend to the City Council that the City Co cil issue the Special Use Pe~mit ~equested by Robe~t and Kathy De e. to ope.ate a kennel at 4180 165th Avenue NW, PIN 18 32 24 11 00 I do so based upon O~dinance No.8, sections .egulating the type f activites, Section 5.03, and Section 7.03. In g~anting the pecial Use Pe~mit. we do and must take into conside.ation the c~i e~ia that M~. Ca.lbe~g mentioned ea~ie~. that being the effect of e p~oposed use upon the health. safety. mo~als or gene.al welfaee f the community. I don't feel the.e has been any established fac .that this would cause any ill effect upon this. It certaInly won' lmpact in any adve.se manne. the t~affic conditions. I don't reall think that it will affect the values of the property. It cert nly has no bad effect on the p.oposed Comp.ehensive Plan. ~ <Public Hearing: Special Use Pe~mit - DeBoe./Kennel License~ Con ti nued) Howeve., in issuing the SP. cIal Use Pe.mit. we should add some conditions. that the Spe ial Use Pe~mit will be subject to an annual .eview by Staff. that e Kennel License wil I be subject to an annual eeview. and the nu r of dogs allowed will be lImited to eight dogs ove. the age of s months of age. Note that there was a public hea~ing held: a that of the adjoining nelghbo~s. the majo~lty did speak in oppo tion. With the issuance of this peemit. It behooves the people IdIng the pe~mit to talk to the neighbors and be awaee of the p~obl s they may be causIng. No boa~ding foe the pu~poses of ~evenue .oducing be al lowed. Apel, Dehn. Jonak: ABSENT-Pease, Jovanovich, The item will be heaed by the City eae ng ed 4L 7.:6 p.m -.... PUBLIC HEARING: SPECIAL USE PERMIT - DAHL AND ASSOCIATES/CONSTRUCT PRODUCT RECOVERY BUILDING. 3118 162ND AVENUE NW The heaeing opened at 7:56 p.m. Me. Caelbeeg .eviewed the eequest of Dahl and Associates to consteuct a 10x16-foot accessory building on 3118 162nd Lane NW. Hughes Industeial Pack. property owned by Ace SolId Waste. Inc. The puepose was oeiginally to be a product recovery building. though to date the~e have been no contaminates found on site. At this point it wil I be used for ground water pu~lfication. O~dinance No.8. Sections 5.03 and 7.03 a~e to be applied. Staff is ~ecommending approval. It is a pe.manent st~uctu~e. but it will be ~emoved when the cleanup Is completed. The st~uctu~e will also meet the ~equi~ements of Ordinance 78 fo~ comme~clal st~uctu~es. Roqer Axel. Dahl and Associates - explained they a~e an (~ envi~onmental consultIng englnee~ing fi~m out of St. Paul. They Planning and Zoning Commission June ii, 1991 - Minutes Page 4 o (Public Hea~ing: Special Use Pe~mit - Dahl and Associates/Const~uct P~oduct Recove~y Buiiding, Continued) wo~k with the Minnesota Pollution Cont~ol Agency. Afte~ invesgitation, they submit a ~epo~t to MPCA, who app~oves of thei~ p~oposal fo~ the p~oduct ~ecove~y. They have been hi~ed by Ace Solid Waste to clean up the site. This afte~noon he found out they will just be doing a g~ound wate~ pu~ification system, ~athe~ than p~oduct ~ecove~y, which is Lecove~ing the pet~oleum p~oducts that may be below g~ade. At this time they have only dete~mined that only a g~ound wate~ pu~ification is needed. The building is ~einfo~ced conc~ete, which gives a two-hou~ fi~e ~esistance, located app~oximatelY one o~ two feet f~om the existing building, depending on what the Building Depa~tment wants them to maintain fo~ clea~ance. The only haza~d would be the impact f~om a vehicle hitting the building. The building is designed to do p~oduct ~ecove~y if contaminates a~e found. M~. Axel also explained the p~ocedu~e fo~ the ~emovai of p~oduct if it is encounte~ed and the pu~ification of the wate~. When the containe~s a~e fil led with the ext~acted contaminates, the p~oduct is moved to an MPCA app~oved site. MPCA dictates what happens at eve~y phase. The Special Use Pe~mit is fo~ the building. It will be on site until the g~ound is f~ee f~om contaminates, then the building will be ~emoved within 60 days; and the test wells will be capped acco~ding to State ~egulations. Though M~. Axel couldn't give a time frame fo~ the project, he estimated it could take as long as four or five years. He also stated that the City wil I be kept info~med as to what is taking place out there at all times. There being no public testimony, Chai~pe~son Peek asked fo~ a motion to close the public hea~ing. MOTION by Dehn, Seconded by Jonak, to so move. Motion ca~~ied on a 4-Yes, 3-Absent (Jovanovich, Pease, M~Mullen)' vote. MOTION by Dehn, Seconded by Jonak, to recommend to the City Council app~oval of a Special Use Pe~mit ~equested by Dahl and Associates to allow fo~ the const~uction of a 10x16-foot accesso~y building fo~ ground wate~ purifIcation p~ocess and/or potential product ~ecovery purposes at 3118 162nd Lane NW, PIN 16 32 24 23 0003. The Commission finds the request meets the c~ite~ia established in O~dinance No.8, Section 5.03, including: The use will not be detrimental to the health, safety, mo~als o~ gene~al welfa~e of the community. This use will not cause serious traffic congestIons o~ hazards. This use wil I not dep~eciate the su~~ounding p~operty. The use .is in ha~mony with the Comprehensive Plan. The Commission also finds that the use is pe~mitted by special use unde~ O~dinance No.8, Section 7.03, Residential Dist~lcts. ~J Planning and Zoning Commission June 11, 1991 - Minutes Page 5 ~ (Public Hea.ing: Special Use Pe.mlt - Dahl and Associates/Const.uct P.oduct Recove.y Building, Continued) (Motion continued) The pe.mit would have the additional condition that If contaminates a.e found, the City will be notified by Dahl and Associaites. Also, the pe.mit will be .eviewed annually by Staff. A pUblic hea.ing was held and the.e was no opposition. A condition to be added that the building be .emoved 90 days afte. the app.oval of the site by Minnesota Pollution Cont.ol Agency. The building has to meet the building and site codes acco.dlng to O.dlnance 78. Add a one-yea. sunset clause on the const.uctlon of the building. VOTE ON MOTION: YES-Peek, Apel, Dehn, Jonak: ABSENT-Pease. Jovanovich, McMullen. Motion ca..ied. The item wil I be hea.d by the City Council on July 2, 1991. Hea.lng closed at 8:17 p.m. PUBLIC HEARING: DOWNTOWN CENTER FACILITY SPECIAL USE PERMIT - RICHARD REISCHEL. ANDOVER - LIQUOR LICENSE FOR FULL SERVICE RESTAURANT/BAR The hea.ing was opened at 8:17 p.m. M.. Ca.lbe.g .evlewed the .equest of Richa.d Reischel of a Special Use Pe.mlt fo. a Ilquo. license to ope.ate a full-se.vice .estau.ant/ba. In the Andove. Downtown Cente.. Suites #104 th.ough #106. He is also planning to have a a small dancing floo. and music by aDJ. M.. Ca.lbe.g .evlewed the applicable o.dinances, O.dinance 8, Sections 5.03, 7.01 and 7.03. The Downtown Cente. has 670 pa.klng places, which Is mo.e than Is .equi.ed. The o.dinance .equi.es an establishment such as this to have 166 pa.king spaces. Acco.dlng to those calculations, Staff feels the.e is sufficient pa.king spaces to meet the needs of this business. It Is also expected that the business wll I p.ovlde 75 Jobs In the City, and It is anticipated that most of those employed will be Andove. .esidents. The Staff Is .ecommendlng app.oval of the request. Richard Reischel - stated he/s been an Andove. resident since 1989. He/s spent about 4,000 hours on this project, working exclusively on it fo. the past two years, and has .eached an agreement with Andover Limited Pa.tnership .egarding a restaurant/ba. in the Downtown Center. It will be an Ail-American full service bar, restau.ant, and neighborhood gathe.ing place with Ame.lcan casual-type food that wil I be appealing to all ages and to all types of people. Mr. Reischel went into great detail .ega.ding his p.oposal as outlined in a written document which was presented to the Commission. The main emphasis will be on the restaurant, as he will be b.lnging In a very .estau.ant oriented management team. He had originally wanted to serve breakfasts, though at the present time there Is some opposition to that. The dance floor wIll be small, but It Is something that Is needed in order to keep the late-night t.afflc and to compete with ~ (J CITY OF ANDOVER REQUEST F,ORPLANNING COMMISSION ACTION June 11, 1991 AGENDA ITEM 4. Public Hearing Special Use Permit Dahl & Associates 3118 162nd Lane NW DATE ORIGINATING DEPARTMENT Planning David L. Carlberg City Planner BY: APPROVED FOR AGJl BY: REQUEST The Andover Planning and zoning Commission is asked to review the Special Use Permit requested by Dahl and Associates to allow for the construction of a 10' x 16' accessory building for product recovery purposes on the following described property: 3118 162nd ~ane NW (PIN 16-32-24-23-0003) The property is owned by Ace Solid Waste, Inc. APPLICABLE ORDINANCES Ordinance No.8, Section 5.03 regulates the Special Use Permit proc~ss. Ordinance No.8, Section 7.03 lis.ts the uses allowed by Special Use Permit. In Residential Districts, public utility uses or structures are allowed under a special Use Permit. Staff has determined that this request would be similar to the above uses. In granting a Special Use Permit, the following criteria shall be examined: 1. The effect of the proposed'use upon the health, safety, morals and general welfare of occupants of surrounding lands. The use would not have a detrimental effect. The use would allow for the recovery of contaminants on the site and clean-up of an environmental hazard. 2. The existing and anticipated traffic conditions, including parking facilities on adjacent streets and land. The use wou~d not increase the traffic flow or create any adverse traffic conditions. The sole purpose of the building is to house product recovery equipment which will be visited periodically by employees of Dahl and Associates. 3. The effect on the values of property and scenic views. in the surrounding area. ~) The product recovery building would have no negative impact on the property values or the scenic views in the area. Page Two Special Use Permit - product Recovery Bldg. 3118 162nd Lane NW Dahl and Associates June 11, 1991 ,-~ 4. The effect of the proposed use on the Comprehensive Plan The use would be consistent with the Comprehensive Plan. GENERAL REVIEW The applicant, Dahl and Associates, will be using the building to house product recovery equipment. The site was contaminated by a leaky gasoline storage tank. On February, 20, 1990, a 3,000 gallon gasoline storage tank was removed from the site along with 80 yards of petroleum contaminated soil by Minnesota Petroleum Service Inc. To further clean-up the site, Dahl and Associates drilled ten (10) test borings, three (3) completed as monitoring wells. These monitoring wells have indicated contamination of the groundwater on the site. A representative from Dahl and Associates will be present at the meeting to present information on the contamination and the remedial measures to be used on the site. The building is expected to be on the site for five (5) years or until the site meets the Minnesota pollution control Agency's approval. The building will also be required to meet the requirements established in Ordinance No. 78, Commercial Building Standards. COMMISSION OPTIONS 1. The Planning and zoning Commission may approve the Special Use Permit requested by Dahl and Associates to allow for the construction of a 10' x 16' accessory building for product recovery purposes on the following described property: 3118 162nd Lane NW (PIN 16-32-24-23-0003) The Commission finds the request meets the criteria established in Ordinance No.8, Section 5.03, including: the use will not be detrimental to the health, safety, morals or general welfare of the community; the use will not cause serious traffic congestions or hazards; the use will not depreciate the surrounding property; and the use is in harmony with the Comprehensive Plan. The Commission also finds that the use is permitted by special use under Ordinance No.8, section 7.03, Residential Districts. 2. The Planning and zoning Commission may deny the Special Use Permit requested by Dahl and Associates to allow for the construction of a 10' x 16' accessory building for product recovery purposes on the following described property: / '\ ',~) 3118 162nd Lane NW (PIN 16-32-24-23~0003) o / ~ . I ~ Page Three Special Use Permit - Product Recovery Bldg. 3118 162nd Lane NW Dahl and Associates June 11, 1991 The Commission finds the request does not meet the criteria established in Ordinance No.8, Section 5.03. In denying the request, the Commission shall state those reasons for doing so. 3. The Planning and zoning Commission may table the item. 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(612) 755-5100 o SPECIAL USE PERMIT property Address 3//8 ;U w ;</0. /6?':;::;- Lj}/V E Legal Description of property: (Fill in whichever is apporpriate): Lot Block Addi tion PIN /6 - '3:L - Pi 7' -;2-3 - 0003 attach the complete lega ) Plat Parcel (If metes and bounds, ********************************************************************* Reason for Request Il-c-Ge-.sS o/2Y C OA/STR... UC I g(//t... D//U {- Pr2oDUC/ T26"C 0 (/ bIG Y section of Ordinance Current Zoning --r- L--- ********************************************************************* Home Phone Business Signature r!-~OA /7 /V ~Ro G-e7<- ';:;. ~~ - PSR..M rr-.s - ********************************************************************* Applicant 'DIf.JI L- 'j IlsSo C/J72 rr:;;-s: 7'37'0 /J/ c- /J1 E"A/6-/r) Y J20;. 5 T ;:?..w L S-57 ;;J/} Phone 910 - ;).?cS- S--~l} - 9/ Date Name of Address property Owner (Fee Owner) D."-{) I~~- )/....1-. (If different from above) Address 3/1~ /1/, u/, /b~ ~ L4./t/~ Home Phone Business Phone 7'~ ~ - 3//0 .~ Signature. Date .********************************************************************* SPECIAL USE PERMIT PAGE 2 .~ h/tach a scaled drawing of the property and structures affected showing: scale and north arrow; dimensions of the property and , structures; front, side and rear yard building setbacks; adjacent streets; and location and use of existing structures within 100.feet. The names and addresses of all property owners within subject property must also be provided. Application Fee: $150. o02,lJ / If 0 I ~---re>TI}-L- Filing Fee: $10.00 ~ Amended special Use permit Fee: 350 feet of the Date Paid $50.00 ,;B2/J1 Receipt '" 1T..... 1)[ :::LJh - CRITERIA FOR GRANTING SPECIAL USE PERMITS In granting a special use permit, the city council shall consider the advice and recommendation of the Planning Commission and: the effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands, existing and anticipated traffic conditions including parking facilities on adjacent streets and lands, the effect on values of property and scenic views in the surrounding area, and the effect of the proposed use on the Comprehensive plan. , "- . ) ,-, OJ .....4.~.... o.J -............ .........t.t. .... ................... _......, Berke 3149 - 162nd Ln NW Andover, MN 55304 Emmerich Wood Products 3115 - 162nd Ln NW ~~dover, MN 55304 JL Arent & JM Larson 3075 - 162nd Ln NW Andover, MN 55304 D & E Cabinets 3138 - 162nd Ln NW Andover, MN 55304 P & R properties 3121 - 161st Ave NW Andover, MN 55304 , " <) ....-.....t"'...... .....-........""^ 9009 - 35th Ave N Mpls, MN 55427 Alois W Emmerich 3115 162nd Ln NW Andover, MN 55304 PFP properties 7840 Elm St NE Fridley, MN 55432 Gilbertson Block Company 3098 - 162nd Ln NW Andover, MN 55304 Walter A Johnson 3017 - 161st Ave NW Andover, MN 55304 ..........c-.Ju..-.LU-"~.... ...... Management, Inc. 3118 - 162nd Ln NW Andover, MN 55304 James M Larson 3095 - 162nd Ln NW Andover, MN 55304 F & M Marketing & Leasing Inc. PO Box 34004 Blaine, MN 55434 Semina Inc. 16191 Round Lk Blvd NW Andover, MN 55304 ~ 'j '----' (ty CITY of ANDOVER CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The Plannihg and zoning Commission of the City of Andover will hold a public hearing at 7:30 p.m., or as soon thereafter as can be heard, on Tuesday, June 11, 1991 at the Andover City Hall, 1685 Crosstown Blvd. NW, Andover, MN to review the Special Use Permit request of Dahl and Associates to construct a 10ft x 16ft accessory structure (product recovery building) located at 3118 162nd Avenue NW (PIN 16-32-24-23-0003) legally described as: The E 200 FT OF W 650 FT OF S 433 FT OF N 2184.99 FT OF W 1/2 'OF NW 1/4 OF SEC 16, TWP 32, RGE 24, EX RD, SUBJ TO EASE OF REC. All written and verbal comments will be received at that time and location. A copy of the application and location will be available at Andover City Hall for review prior to said meeting. ~ku Victoria Volk, City Clerk publication dates: May 31, 1991 June 7, 1991 C) "CA'~'f"'~-"~"""",' ttY- ~\ \. ) ".~!,.J'-"' 'J,,~~p,'fI'" CITY OF ANDOVER REQUEST FOR COUNCIL ACTION July 2, 1991 DATE ITEM Rademacher Sewer NO. User Fee '6. ORIGINATING DEPARTMENT Finance Howard D. Koolick~ BY: Finance Director APP~.O~'~ FOR AGr~ A \ 1/ BY! / AGENDA SECTION NQ Discussion Items REQUEST The Andover City Council is requested to discuss the attached billing sent to Bill's Superette. BACKGROUND Mayor Orttel was contacted by Bill Rademacher (or a representative of Bill's Superette) regarding the letter sent with the April utility billing. I have not been contacted by anyone regarding this issue. When the City was installing its new utility billing system, the Utility Billing Clerk, Treasurer and Finance Director reviewed each sewer account to make sure the rate was proper. Of the 2,293 sewer accounts, only 4 were found with errors. Two were being overbilled and were issued refund checks. Two, including Bill's Superette were being underbilled. These two accounts were sent letters explaining the differences and requesting payment. Because Bill's Superette is a commercial entity and the problems began in 1982, their difference was higher than the others. Please let me know before the meeting if there is any additional information you require regarding this issue. COUNCIL ACTION MOTION BY , '-~ I TO SECOND BY o ...(J '\1 \.L~) "\", CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 April 24, 1991 Bill's superette 14041 Round Lake Boulevard-M130 Andover, Minnesota 55304 Attn: william C. Rademacher Dear Mr. Rademacher: The City of Andover has recently completed a major review and update of its utility billing accounts. This review disclosed that Bill's superette and G-Will Liquors have been incorrectly billed for sewer service. city Ordinance number 32 outlines the method and formula for billing commercial entities on a basis that is equivalent to a residential property. The formula, which includes rounding the amount to the half unit, equates most businesses as equivalent to one and one-half residential units. with Bill's and G-Will Liquors, the formula equates to two and one half units. Our review showed that the property had been billed for one residential unit from July of 1982 through April of 1986, for 1.15 residential unit from July 1986 to April 1989 and for 1.5 residential units from July 1989 to January 1991. It appears that, amongst other things, that G-Will Liquors was never included in the billings. The following is a comparison of the amounts billed and the amounts that should have been billed. Billing when pro~erly Calculated Resldential Equivalent Units Amount Date of Billing Actual Billed Residential Equivalent Units Amount C) July 1982 1 $ 12.00 1. 50 $ 18.00 Oct. 1982 1 18.00 1. 50 27.00 Jan. 1983 1 18.00 2.50 45.00 Apr. 1983 1 24.00 2.50 60.00 July 1983 1 24.00 2.50 60.00 Oct. 1983 1 24.00 2.50 60.00 . 0 Date of Billing when Billing Actual Billed pro~erly Calculated Residential Resldential Equivalent Equivalent units Amount units Amount Jan. 1984 1 24.00 2.50 60.00 Apr. 1984 1 24.00 2.50 60.00 July 1984 1 24.00 2.50 60.00 Oct. 1984 1 24.00 2.50 60.00 Jan. 1985 1 24.00 2.50 60.00 Apr. 1985 1 25.50 2.50 60.00 July 1985 1 25.50 2.50 60.00 Oct. 1985 1 25.50 2.50 60.00 Jan. 1986 1 25.50 2.50 60.00 Apr. 1986 1.15 29.33 2.50 63.75 July 1986 1.15 29.33 2.50 63.75 Oct. 1986 1.15 29.33 2.50 63.75 Jan. 1987 1.15 29.33 2.50 63.75 Apr. 1987 1.15 29.33 2.50 63.75 July 1987 1.15 29.33 2.50 63.75 Oct. 1987 1.15 29.33 2.50 63.75 Jan. 1988 1.15 29.33 2.50 63.75 Apr. 1988 1.15 29.33 2.50 63.75 July 1988 1.15 29.33 2.50 63.75 Oct. 1988 1.15 29.33 2.50 63.75 Jan. 1989 1.15 29.33 2.50 63.75 Apr. 1989 1.15 29.33 2.50 63.75 July 1989 1. 50 38.25 2.50 63.75 Oct. 1989 1. 50 38.25 2.50 63.75 Jan. 1990 1. 50 38.25 2.50 63.75 Apr. 1990 1. 50 54.00 2.50 90.00 July 1990 1. 50 54.00 2.50 90.00 Oct. 1990 1. 50 54.00 2.50 90.00 Jan. 1991 1. 50 54.00 2.50 90.00 Totals 1,054.04 2,190.00 Based on the above analysis, it appears that Bill's superette and G-Will Liquors has been under billed for sewer service in the amount of $1,135.96. please remit this amount to the City of Andover at your earliest convenience. () , ) ~' ,------ \..) - Included with this letter you will find the April 1991 billing. please note that it contains the sewer billing in the proper amount of $90. Should you have any questions about this matter or your account, please feel free to contact me. Sincerely, CITY OF ANDOVER I)burl'{j I). J:;ckJe Howard D. Koolick Finance Director Enclosure ~1 ~-) CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W, . ANDOVER, MINNESOTA 55304 · (612) 755-5100 June 28, 1991 Dear Mayor and City Council: RE: Meridian Homes Meridian Homes has been licensed in the city since 1989 and to date they have built approximately 21 homes. We, as the building department, have had a good working relationship with John Feges and his superintendent, Bill steinke. Any problems that we have had with Meridian Homes have not been any different then problems we have had with any other contractors in town. Therefore, we do not have any basis for suspending the contractor's license of Meridian Homes. i?~~ David Almgren Building Official DA/jp ~') ;'./'>~"'."""""'~''''~"''\ o ~ ~1 ~'l 0.;; Ii' '\ -if 1k\",;~ ~~" .$ ""'-'"""" CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE July 2, 1991 ITEM NO. 10. Funding Discussion Mediation Services ORIGINATING DEPARTMENT Finance Howard D. Koolick o.Jf- Finance Director BY: APP:ffl'~~OR AG\~ BY: ) / AGENDA SECTION NQ Staff, Committee, Comm. REQUEST The Andover City Council is requested to provide direction regarding the request for funding from Mediation Services. BACKGROUND The City, beginning in 1987, has contributed $650 annually to Mediation Services. Attached is their request for funding at seven cents per capita along with promotional information they sent. Last year, Mediation Services requested funding at seven cents per capita, totaling $850. It is not clear how they equated seven cents per capita to $850. Based on our 1989 population estimate of 14,646, our contribution should have been $1,025. Based on our 1990 population of 15,193, our contribution next year at seven cents would be $1,063. There is no doubt that Mediation Services provides a useful and valuable service to residents. The question that needs to be addressed is how much can the City afford to fund this organization. CITY COUNCIL OPTIONS 1. Authorize funding at seven cents per capita as requested and direct the Finance Director to include this amount in the 1992 budget. 2. Authorize funding at the previous years level ($850) and direct the Finance Director to include this amount in the 1992 budget. 3. Authorize funding at some other level to be determined by City Council and direct the Finance Director to include this amount in the 1992 budget. 4. Table discussion of funding until the entire budget is presented to City Council. COUNCIL ACTION MOTION BY '---.-i TO SECOND BY o Mediation Services For Anoka County 1323 Coon Rapids Blvd. Coon Rapids, Minnesota 55433 (612) 755-5300 D EC EI V ED- r\r jUN 1 01991 I .- CITY OF ANDOVER TO: James Schranz FRCM: Ann Waller stedt Executive Director ffiTE: June 1991 RE: 1992 Budget Consideration I am requesting that you consider a contribution of 7C per capita in 1992 to sup- port the services of MEDIATION SERVICES. I have included wi th this rrai 1 ing a copy of a new "brochure" W1ich rray help to give you same guidance in making referrals to mediation. The two separate pieces are supporting inforrration and illustration of ~hat MEDIATICA~ SERVICES offers to the communities in Anoka County. If your council/board would like to have me visit with them aoout l1l~diation or rrake a brief presentation to the council, please call me. I will be in Rochester for the League of Minnesota Cities Conference and may have an opportunity to see and talk to you then. 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UIllIll-- o",::alll ... o::a ..aC = o I:: u "':;::I:llll .- I:l .... .c ,_ III .... ....'C::alll III 's, C :r 0 I:l - U . . . .CI) .... . 10 ~ ~.., :: .S x Q." 10 t: .~ ".."" ~ a ~ ',::: "Q "'::: .9 :; E ~ :s ~ . ::c "" 0 ~~~ ".... " .~ l ~ ;~ l! d~ ..c: "'.... .., E g.. ]~.~ ~] -: <t~~ ",,<;,s 3.2l l!... ~ ~ ~ ~ " ~ " o :: ~ c: t::.a .s ~.5 . .~ ~ ~ l: ... Coo ~.2 ~'E = J! .~ :::t t' ~ ~~-S~ ./ F " v Mediation Services For Anoka County 1323 Coon Rapids Blvd. Coon Rapids, Minnesota 55433 (612) 755-5300 NEDIATION SERVICES prov ides a cost-effect ive, eff icient al ternat ive to corml.mi- ties for the resolution of a wide range of disputes. Since 1987, NEDIATION SERVICES has provided the community with these services at no direct charge. The services are accessible and confidential. They render a crucial option for those individuals who may have no other alternative available to them. Mediation is a vibrant force in aiding law enforcement, city personnel and social service agencies in the community. Perhaps most importantly, the services are effective. Program participants come to an agreement in more than ninety percent of the cases that move to mediation, and participants adhere to the term5 of the settlement in more than ninety percent of the agreements reached. Parties are generally satis- fied with the results. Mediation is a valuable addition to the services communities offer when the fol- lowing conditions exist: 1) Neighbor-to-neighbor conflicts such as property maintenance, roaming ani- mals, problem5 with overhanging tree limbs, or family issues involving kids just to name several; 2) Issues involving the city as an indirect party - including item5 about which individuals or groups want the city to take a position, but the city has no legal responsibility yet sees itself providing a form of leadership for. The ci ty counci I might ask for part ies to develop a solution in mediation to be presented within a defined time; and 3) Problem5 involving the city as a direct party. I have included a brief article about the use of mediation in condemnation cases which may illustrate this arena for mediation. In these cases, as well as other kinds, 1 foresee the city saving court fees and human resources. In the neighbor-to-neighbor situations, the parties and the community-at-Iarge benefit from the resolution, rather than the avoidance of the problem5. The services allow parties to share concerns in a neutral environnent, providing an appealing alternative to those that may shy away from the court system and allow their disputes to fester. With issues involving the city as an indirect party, mediation enables people to work together in settling their differences, thereby establishing a basis of mutual understanding and/or respect, resulting in healthier, more peaceful neighborhoods and stronger communities. By the addition of mediation services to the resources available from the city, the other resources in the community are used in their most efficient manner. " \ In the last category, NEDIATION provides a cost-effective, efficient alternative ~to court for the resolution of a wide range of problem5 from environnental dis- putes to i~sues in contracte~ servi~es. In times \vhen cities are looking for ~ys to t;lm. the costs of dOIng busIness and continue the necessary services, Ing medIatIon resources seems to be wise way of taking care of the community. \ /-', o Mediation Services For Anoka County 1323 Coon Rapids Blvd. Coon Rapids, Minnesota 55433 (612) 755-5300 IvEDIATI[IG CONDElvt'lATION O\SES A municipality requested a mediation to address a condemnation issue. The city and three homeowners were involved. The city needed a five foot easement on seven residential properties so it could build a path. Four homeowners agreed to the ci ty' s offering pr ice for the easerrellt; three did not. Before condemnation proceedings were begun, the city wished to try resolving this through mediation. Representing the city were the city manager and the city engineer; the city attorney would not attend. The city manager talked to the City Council members prior to the mediation to get a sense of the settlement ranges the council would approve. The three homeowners agreed to mediate with the city and opted to attend the same mediation rather than scheduling three separate mediations. A confer- ence roam at city hall was agreed upon as a netural setting by all parties. After an hour and a half, settlerrent was reached by parties. The homeown- ers would receive a slightly higher price for the easerrent. The city agreed to pay a higher cumulative total that their original offer, but the city attorney esitmated that the court costs to settle this would have been much higher than the costs they agreed to in mediation. The non~diating homeowners were also allowed to receive this same settlement. The city manager reported to have been impressed with the non~netary aspects of the mediation, especially the manner in which the process allowed for productive communication between the parties. In a subsequent mediation a different city tried mediating a condemnation dispute. The city engineer was very positive that no settlement could be reached but would try because he felt pressure from the city manager. Approximately an hour and a half later, the dispute was settled. The city engi- neer admitted to having been surprised about the settlement. The fact that the city was able to stick to its principles while accommodating the homeowner was valuable information for him to disclose about the mediation process. As in the first example, the city saved thousands of dollars in attorney fees and court costs. In times when cities are looking for ways to trim the costs of doing busi- ness and yet providing the necessary services, using mediation resources which are already available to them in their community se~ to be a wise, cost effec- tive and efficient way of taking care of their community. '~J '....-........ . ~ ~ , ~';'-:._.~ ~:c'T . 'l'~'<'<'''''''''~'''~''>''\ ~j~ ~1 h,........ . '..' ~i ;,~ 'J-:'.. . b' ~... ,;( \. "" / 'I~...._, "",,-<8'.'!? ''''~;.'~lIp,iiF. CITY OF ANDOVER REQUEST FOR COUNCIL ACfION DATE July 2, 1991 ITEM NO. 1/. Amendment to the Compo Plan Contract ORIGINATING DEPARTMENT /) Planning ~ David L. Carlberg BY: City planner BY: AGENDA SECTLON . NQ Staff, Commlttee, Commission REQUEST The Andover City Council is requested to review and discuss the possibility of amending the contract with Urbanalysis to complete the Andover Comprehensive Plan. REVIEW On June 27, 1991, the Comprehensive Plan Task Force reviewed and discussed the amending of the Comprehensive Plan in regard to the amount to be paid to the consultant (Urbanalysis) to complete the project and the time frame as to when the project will be completed. Please consult the attached support documentation which includes: 1. Staff report presented at the June 27, 1991 Comprehensive Plan Task Force meeting. 2. Letter from Robert Wuornos, principal Planner, Urbanalysis explaining the project schedule and budget. 3. Contract with Urbanalysis. COUNCIL'S DECISION The City Council shall decide the following: 1. Should the contract with Urbanalysis be amended to allow the consultant to receive further compensation beyond the original contract estimates? If so, what amount should be compensated? 2. Should the contract remain as is and require the consultant to finish the project without compensation? COUNCIL ACTION MOTION BY " --~ TO SECOND BY CITY OF ANDOVER COMPREHENSIVE PLAN TASK FORCE .~"\ ....-.J DATE June 4/. l~~l Comp plan Expenditures and Contract Agreement ORIGINATING DEPARTMENT Planning ~~ David L. Carlberg, BY: City Planner AGENDA ITEM Discussion REQUEST The Andover Comprehensive plan Task Force is asked to review the expenditures to date and the contractual agreement between the City of Andover and urbanalysis. EXPENDITURES As of May 3~~ 1991, the City of Andover has spent $40,746 for the Comprehensive plan Update that began in September of 1989. The source of funding for the update has come from Community Development Block Grant Funds (CDBG) issued through Anoka County. Below is a breakdown of those costs on a yearly basis. 1989 1989 1990 1991 Total $20,000 $14,745 *reallocated from contingency fund $10,855 $13,500 $58,100 The City on January 2, 1991, reallocated $14,745 in funding from the 1989 CDBG Neighborhood Revitalization fund to the updating of the Comprehensive Plan. The City has presently secured funds for the 1991 fiscal year in the amount of $13,500. The City, at this time, has the resources to complete the Comprehensive Plan Update, however, the contract with Urbanalysis will need to be amended if the City wishes to continue expending these resources. CONTRACT The agreement between the City of Andover and urbanalysis is to have the Comprehensive plan update completed in final document form by October 1, 1991 at a cost of $39,200. In order for the consultant to receive further compensation, an amendment to the contract is needed. It shall be the responsibility of the Consultant to submit in writing a request for the extension of payment for services beyond the contractual agreement. Until this item has been resolved, the City will not make payments to the Consultant for services rendered beyond the agreed $39,200. "\ 'J URBANALYSIS 5215 THIRD A VENUE SOUTH Dave carlberg city of Andover/City Hall 1685 N.W. Crosstown Boulevard Andover, MN 55304 Re: comprehensive Plan Update MINNEAPOLIS, MINNf~5.419 (612) 888.7097 ;~ ~ EIL~:;f~{t ~'n" ,~:l...,..j . ~~~. ~~ -"l! ':i t:.;z:a:. ;;-'i .--.-----...- ~ .. '\ f -~lLI ~f \00..: : . :, ";. . I . _. : - ~ .'J:l. ;,!;'.! 071991 l~] I ,.- ,~, ...J June 6, 1991 CITY OF M!OQVER Dear David: The purpose of this letter is to provide a status report of the Comprehensive Plan Update. As you ~~ow, we are near completion of the draf~ document. Preparation of the initial draft of each chapter has been completed. However, we are awaiting additional information from the 1990 Census regarding pertinent demographics. It is my understanding that this information is to be available mid-June, 1991, although employment information will not be available until 1992. ' with regard to the project schedule, the original intention of the Task Force was to have the document completed and ready for Met Council review by July 1991. This deadline, an arbitrary target, has been nearly met. However, there have been some disruptions due to funding availability, staff turnover, and availability of necessary and pertinent information. with regard to budget, the cost of the project has exceeded the original estimated cost. The original estimated cost was $39,200. Total billing for the project through April 30, 1991, is $40,746.81. project billing for the month of May is $1,146.37. This discrepancy C3n be attributed to a variety of factors of which the Task Force, the City's staff, and we had no control. Project disruptions have been cited in the previous paragraph. It is with regret that we find it necessary to seek additional funding for this project. We have worked in good faith with the Task Force to prepare a meaningful and useful document for the City of Andover and we share in the frustration of this situation. It is our desire to wrap this project up as quickly and efficiently as possible. We are in the process of preparing our estimate for project completion. We will contact you as soon as this is available. sincerely, /Vk/~/~~ ~J Robert L. Wuornos, Ph.D. principal RLW/bjk Project Number ::J AGREEMENT FOR PROFESSIONAL PLANNING SERVICES Between the City of Andover City Hall Andover, MN 55014 hereinafter called the CLIENT, and URBANAL YSIS 5215 Third Avenue South Minneapolis, MN 55419 hereinafter called the CONSULTANT. WITNESSETH: It is the intention of the CLIENT to provice praf~ssional planning and consultation in the city and the CLIENT desires to engage :1 :::ONSULTANT to render (:ertain techni'.al assistance in connection with such c.!J.de:~'alG!:5s of the CLIENT: hereinafter called the PROJEC~'. WHEREAS, the CLIENT finds that sufficient funds have been authorized and appropriated to cover the compensation for the services agreed to c~rein, .and WHEREAS the CLIENT fmds that the proposed scope of services anc! terms for this contract are acceptable, and WHEREAS, the consultant desires to provide said services and agrees to do so for the compensation and upon the terms and conditions as hereinafter set forth. NOW, THEREFORE; the CLIENT and the CONSULTANT do mutually agree as set forth below: 1. Employment of CONSULTANT. The CLIENT hereby engages the CONSULTANT and the CONSULTANT hereby agrees to perform the professional services hereinafter set forth. . 2. Area Covered. The CONSULTANT shall perfor~ the services provided under this contract in connection with that area of the city generally relating to its corporate boundaries.' . I ~) 2 :-J 3. Scope of Work. I. INTRODUCTION The CONSULTANT will provide technical expertise and prepare the Andover Comprehensive Plan in a manner sensitive to the needs of the residents of Andover and in compliance with Metropolitan Council Guidelines. 1A~ ~ONSULTANT will perform necessary tasks outlined in the work program in a timely manner. II. COMPREHENSIVE PlAN TASK FORCE The City of Andover will establish a comprehensive plan task force to meet on a regularly scheduled basis (monthly) with the consultants. The purpose of the task force involvement is to provide timely citizen input to the planning process and to ensure appropriate consideration of local issues with respect to the various elements of the plan. Task force members should inc}ude individuals from: city council, planning commission, housing and redevelopment authority, economic development commission, parks and recreation, and citizens at large. III. PLANNING PROCESS From a planner's perspective, there are basically five steps in the planning process. They include: (1) inventory, (2) analysis, (3) plan preparation, (4) plan evaluation and revision, and (5) plan implementation. Each of these steps must be applied to the various elements of the comprehensive plan. Within this process, it is important to review existing goals, objectives, and policies. An important early function of the task force .is to determine their appropriateness and adequacy. The goals, objectives and policies should be periodically reviewed throughout the process to ensure response to community needs and desires. Inventory. The inventory phase includes collection of background data including: demographic information such as population, employment, housing, income, age/gender, etc.; existing land use; and natural features such as soils, slopes, vegetation, hydrology, and bedrock. Typically, this information is presented in the document as text and numerous maps, graphs, and charts. Another important element of the inventory is the Survey of Community Attitudes and Preferences. This involves a random sample survey of residents to determine local attitudes, preferences, needs, goals, etc. This information provides a basis for establishing community goals and objectives with respect to the various plan elements. :J Analysis. The background information is analyzed to establish the current status and trends within the community. A particularly useful tool for evaluation of land use potential is an overlay system which identifies the restrictive nature of land with respect 3 ~-J to development. All land within the city is categorized as severely, moderately, or slightly restrictive to development. By superimposing various land use plans over this map, it is possible to determine growth capacities of the city. This has proven to be a valuable tool for visually communicating land use infonnation to local decision makers. Plan Preparation. The plan preparation involves the determination of appropriate land use locations, area sizes, and timing of development. Since each land use element is interdependent with other land uses and the phasing of utilities, the development of various plan elements requires constant reevaluation of the elements with respect to one another. The plan document should provide clarity and consistency with respect to each element. Therefore, the recommended format for presentation of each element of the plan is as follows: I. INTRODUCTION II. GOALS, OBJECTIVES, AND POLICIES III. CURRENT STATUS (including opportunities and constraints) IV. ISSUES V. PLAN VI. NECESSARY ACTIONS (including implementation tools) Plan Evaluation and Revision. Once the plan has been completed in the draft fonn, it is necessary to critically review the plan to ensure that it provides the means of accomplishing the goals and objectives of the City of Andover. Also, attentior: should be directed toward content, and clarity. Satisfactory review by staff and task force will result in a revised draft ready for submittal pursuant to requirements set forth by Metropolitan Council Guidelines for Reviewing Local Comprehensive Plan Amendments. Implementation. The implementation process is an ongoing process to be carried out by the City staff, planning commission, and council. IV. PROPOSED OUTLINE FOR COMPREHENSIVE PLAN DOCUMENT I. INTRODUCTION A. PLANNING. OVERVIEW B. RELATIONSHIP OF LOCAL PLAN WITH RESPECT TO METROPOLITAN REGION C. SUMMARY OF ENABLING LEGISLATION II. BACKGROUND INFORMATION A INTRODUCTION . I ." . ) ....-, , " '--) B. C. D. E. F. 4 HISTORIC OVERVIEW REGIONAL SETTING DEMOGRAPHIC TRENDS 1. Population 2. Age/Gender 3. Income 4. Employment 5. Households DEVELOPMENT CONSTRAINTS 1. Soils 2. Slopes 3. Vegetation 4. Hydrology LAND USE 1. ~ Existing Land Use 2. ,Current Land Use Plan 3. 'Current Zoning III. UTILITIES A. INTRODUCTION B. GOALS C. CURRENT STATUS D. ISSUES E. PLAN F. NECESSARY ACfION '\ oJ The location and extension of water and sanitary sewer serves as a primary tool for influencing growth patterns of a community. The focus of this element includes provision for water, sanitary sewer, and surface water drainage. This effort will require coordination with the city engineer, the Metropolitan Council, and the Metropolitan Waste Control Commission. The utilities section will include the following information: 1. Map indicating location, type and capacity of existing and proposed metropolitan sewer facilities, if any, and local connections to these facili ties 2. Map of existing and/or proposed municipal wastewater treatment facilities 3. Map of areas of existing on-site dispdsal systems and estimated number of on-site systems C) IV. ~ 5 4. Map of existing and/or proposed sewer facilities being used jointly with another community, if any, including area of service, number of connections and service flow volume 5. Discussion of need, capacity, timing, costs, etc. of future municipal wastewater treatment facilities 6. Existing and projected (2000) sewered households and/or housing units and employment by interceptor service areas, if more than one 7. Existing and projected (2000) sewer flows by interceptor service area, if more than one 8. . Proposed areas, timing and staging plan for local sewer service to 2000 , 9. ' Existing and proposed land use maps and projected flows by land use 10. Map showing private wastewater treatment systems (other than single- family residential on-site systems), indicating which ones, if any, are to be connected to municipal systems and when 11. Map indicating suitability of, land for on-site systems 12. Description and location of existing sewerage problems (e.g., sewer system capacity limitations, failing on-site systems, iiild inflow and infiltration) 13. Standards and implementation program for installation and management of on-site disposal systems and licensing of installers, pumpers and haulers HOUSING AND RESIDENTIAL lAND USE A INTRODUCTION B. GOALS C. CURRENT STATUS D. ISSUES E. PlAN F. NECESSARY ACTION This section will contain an inventory and analysis of existing housing, housing conditions, and Tesidential land uses. The. foHowing information will be included: 6 , " ~ 1. Total number of dwelling units and percentage of dwelling units by housing type (single-family, townhouse, duplex, multi-family, etc.) 2. Number and percentage of owner-occupied and rental units 3. Current household size compared to number of bedrooms in housing unit 4. Cost and rental ranges for owner-occupied and rental units 5. Number of publicly-assisted housing units 6. . Number of housing units in need of rehabilitation or improvement . 7. ,Number of overcrowded housing units or those lacking plumbing or , kitchen facilities 8. Current and projected employment opportunities in the community 9. Number and percentage of households by income level 10. Number and percentag~ of .households by age 11. Existing type, amount and intensity of residential land uses 12. Land potentially available for future use for each of the residential density classifications identified in the plan 13. Analysis of housing type, cost and location; e.g., relationship of supply of housing to anticipated local and regional need for affordable housing, relationship between types of employment opportunities and housing affordable to the work force, suitability of housing for persons at all stages of life cycle, problems with concentrations of lower-cost, substandard or particular types of housing units within the community 14. Comparison of local housing situations to surrounding communities and Metropolitan Area, in terms of type, density, cost, land use regulations 15. Analysis of sub-regional trends affecting the community's provision of housing . I ~ 7 o v. COMMERCIAL lAND USE A. INTRODUCTION B. GOALS C. CURRENT STATUS D. ISSUES E. PLAN F. NECESSARY ACTIONS This section will contain an inventory and analysis of existing commercial land. The focus of the plan will be on projected needs of various types of commercial activity. This includes the size and location of: 1. Convenience centers 2. . Neighborhood centers 3. . Community centers VI. INDUSTRIAL lAND USE A INTRODUCTION B. GOALS C. CURRENT STATUS D. ISSUES E. PLAN F. NECESSARY ACTION This section will contain an inventory and analysis of existing industrial land use. The focus of the plan will be on projected needs of ,industrial lands. This includes the size and location of: 1. Light industrial 2. Medium industrial VII. PARKS AND OPEN SPACE A INTRODUCTION B. GOALS C. CURRENT STATUS D. ISSUES E. PLAN F. NECESSARY ACTION This section will contain an inventory and analysis of the existing parks and open space system. This will include: / "\ o 1. Map identifying existing and proposed federal, state, regional, local C) o 8 or other recreation open space facilities and their functions; physical links (trails or common boundaries) should be clearly marked 2. Existing land uses adjacent to existing and planned regional parks, park reserves and trail corridors 3. Proposed land uses adjacent to existing and planned regional parks, park reserves and trail corridors 4. Local parks or trails that connect with or otherwise affect regional, quasi-public or neighboring parks or trails, including a description of the location and proposed development schedule of the link 5. Whether any regional parks will be used as part of the local park ~ system and the function they will serve in the local system 6. , , Identification of local recreation needs to 2000 7. Goals, objectives, policies, standards, and programs to satisfy existing and anticipated local recreation service demand to 2000 . 8. Policies to protect regional recreation open space lands from adverse impacts from inappropriate ~evelopment or activity on adjacent lands 9. Implementation section -- land use policies that will minimize conflicts between existing or proposed land uses and existing, regional parks, park reserves or trails .' 10. Implementation section -- description of existing or proposed programs that community is undertaking or will undertake with regional implementing agencies to acquire and/or develop regional parks or trails 11. Implementation section -- description of existing or proposed programs and ordinances to protect existing regional park property located in the community or adjacent to it 12. Implementation section -- land use regulations to protect potential park areas from incompatible development prior to park acquisition 13. Five-year capital improvement program identifying proposed local parks projects and funding sources 9 ~ VIII. 1RANSPORTATION A INIRODUCTION B. GOALS C. CURRENT STATUS D. ISSUES E. PLAN F. NECESSARY ACTION This section will include information on the existing transportation system, future needs, and proposed plan for the future with specific traffic circulation plans. This will include: 1. Policies on provision of local transportation facilities -- arterial and collector streets, transit, parking and bicycle facilities . 2. Maps of existing and proposed functional classification system, 'Including metropolitan highways, local highways and roads, and interchanges and other major intersections with the metropolitan highway system 3. Definition of functional classification system components 4. Clear definition of type and density of non-residential land uses (e.g. "freeway development" is not specific enough to determine traffic impacts) 5. Maps or charts of existing and proposed traffic volumes and capacity throughout the transportation system . 6. Maps of existing and proposed land uses at interchanges and major intersections with the metropolitan highway system 7. Trip generation rates for existing and proposed land uses at interchanges and major intersections with the metropolitan highway system, and relationship to capacity 8. Identification of proposed major traffic-generating development, other than above, and planned trip generation rates 9. Maps of existing and proposed pedestrian and bicycle facilities 10. Maps of existing and proposed transit service and facilities ~ 10 .~ 11. Schedule of improvements and upgrading to local road system 12. Discussion of relationship between local transportation plan and regional transportation plan IX. AVIATION A. INTRODUCTION B. GOALS C. CURRENT STATUS D. ISSUES E. PLAN F. NECESSARY ACTION Although there are no airports within the City, the Metropolitan Council requires the local consideration of the Regional Aviation System. Care will be giver to address the following concerns: 1. Description of what airspace policy area the community or development is located in (existing tall structure area, critical airspace, protection airspace, airport search area or other airspace) 2. Policies on protection of airspace 3. Acknowledgement as to whether community contains or IS ill the vicinity of an airport (maps showing airport property, aircraft noise zones, airport airspace, land use safety zones) . 4. Acknowledgement as to whether a proposed developm~nt will impact air space (e.g., visual or electronic interference) and description of measures to mitigate impact 5. Guidelines for land use compatibility with aircraft noise 6. Land use plan reflecting land use compatibility guidelines 7. Description of official controls to implement land use compatibility guidelines, e.g., model noise attenuation ordinance 8. Policies on location, relocation and citing of public structures ill aircraft noise impact areas 9. Policies orr extension of utilities into aircraft noise impact areas and runway land use safety zones ~J 11 " '\ ,--.J IX. IMPLEMENTATION TOOLS A INTRODUCTION B. IDENTIFICATION OF IMPLEMENTATION TOOLS 1. Land Use Plan 2. Zoning 3. Subdivision Regulations 4. Capital Improvement Program 5. Economic Development 6. Others CONCLUSION LIST OF FIGURE ~ LIST OF TABLES' 6. Estimated Time Frame and Estimated Cost* for Proiect Completion. Based on the proposed "Outline for Comprehensive Plan Documents" and past experience, CONSULTANTS suggests the following time frame for project completion: . , Work Element 1. Organizational Meeting a. Overview b. Planning Process c. Intergovernmental Relationships and Requirements d. Goals, objectives, and policies 2. Background Information a. Research b. Surveys c. Base maps d. Constraints 3. Utilities Plan** . , o Time Estimate Estimated Completion Date 1 month October 1989 4 months March 1990 2 months May 1990 12 Work Element Time Estimate Estimated Completion Date o 4. Housing Residential Land Use Plan 5. Commercial Land Use Plan 6. Industrial Land Use Plan 7. Parks and Open Space Plan 8. Transportation Plan** 9. Implementation Tools a. Land Use Plan Map b. Capital Improvements Program c. Identification of Other Tools 10. Review and Revisions 1 month June 1991 11. Process With Met Council 90 days September 1991 12. Final Report Prep 1 month October 1991 TOTAL NOT TO EXCEED 2 months 2 months 2 months 2 months 2 months 2 months July 1990 September 1990 November 1990 January 1990 March 1991 May 1991 $39,200 . Cost estimates are based on previous experience for similar taSks. Although the estimated cost for ccmpletion of individual tasks are thought to be reasonable, actual cost and estimated costs for individual tasks may vary due to unforeseen circumstances. URBANAL YSIS may reaBacate resources acccniing to actual need. The preparation of the Utilities and Trnnsportation Plan will require engineering assistance outside the scope of this proposal. URBANAL YSIS will work with a civil engineer appointed by the City of Andover for necessary support. 5. Meetings. This AGREEMENT includes attendance by the CONSULTANT at regularly scheduled Comprehensive Plan Task Force meetings (one meeting per month). All special meetings and worksessions shall be scheduled at mutually convenient times. The CONSULTANT shall be available to attend additional meetings over and above those set forth in the above schedule, for which the compensation shall be at the per diem rate as set forth in the compensation section of this AGREEMENT. 6. Reports. The CONSULTANT shall provide to the Client, one copy of all reports and memos prepared by his staff. Additional copies will be provided at cost for time and materials. 7. Personnel. The CONSULTANT represents that it has, or will secure at its own expense, all personnel required to perform the service under this AGREEMENT and that such personnel will be fully qualified to perform such services. AIl of the / " ,--_J 13 .~ services required herein will be performed by the CONSULTANT or under its supervision. The CONSULTANT further represents that Robert L. Wuornos will serve as the Principal Planner for this PROJECT. The CLIENT shall have complete review of all subcontractors who are providing services. 8. Responsibilities of the CLIENT. It is understood that the CLIENT will have the following responsibilities under this AGREEMENT: a. Providing all available information, data, reports, records and maps to which CLIENT has access and which are needed by the CONSULTAJ.'IT for the performance of the services provided for herein. b. Providing assistance and cooperation for the CONSULTANT in obtaining any other needed material to which the CLIENT does not have any direct access. c. Making available the services of the City staff in the conduct of work as described in items a. and b. above. All such CLIENT responsibilities shall be conducted in a timely manner and without undue delay so as not to delay the CONSULTANT in the performance of its services. In the event that the CLIENT fails to provide the information or services required above in a timely and proper manner, it is agreed that the CONSULTANT, after five (5) days written notice to the CLIENT, may proceed to obtain such information and provide such services itself, for which it shall be compensated in accordance with the schedule of per diem fees as hereinafter set forth. 9. Compensation. The CLIENT shall compensate the CONSULTANT on an hourly professional fee schedule outlined below, and the CLIENT will reimburse the CONSULTANT for materials used in the process of this project. Method of Pavrnent. The CONSULTANT shall submit itemized invoices and compensation due shall be made in montWy payments for services completed by the CONSULTANT. The CLIENT will reimburse the CONSULTANT within 30 days of receipt of invoice. Per Diem Schedule. Senior Planners Technician Word Processing Reimbursable Expenses* $60.00/hour $42.50/hour $29.00/hour At Cost 'Mileage, long distance phone calls, special equipment rental. postage. and reproductions. ::J 14 ~ Expert Witness. This AGREEMENT does not include the provlSlon of expert witnesses services by the CONSULTANT in connection with any matters which may arise in relation to the services performed under this contract, either during or after its compensation. The CLIENT does, however, agree to compensate the CONSULTANT for any time and expense involved in connection with a subpoena issued for a court appearance to testify as an expert witness concerning such matters. The fee for such services shall be double the per diem rates quoted above plus expenses. 10. Ownership of Materials. The final documents, text and graphics, as instruments of service are and shall remain the property of the CLIENT. The CONSULTANT reserves the right to retain for its files a photocopy of its [mal submission documents. The CONSULTANT'S responsibility for the PROJECf shall be limited to information .contained in the test and graphics prepared by it or under its supervision. 11. Confidentiality of Information. Information obtained and reports prepared by the CONSULTANT under this AGREEMENT shall be considered to be confidential and shall not be made available to any individuals or organizations by the CONSULTANT without prior approval of the CLIENT. 12. Changes. The CLIENT may, from time to time, during the course of this AGREEMENT, request modifications of it or changes in the Scope of Services to be performed hereunder. Such changes including any increase or decrease in the amount of the CONSULTANT's compensation, which are mutually agreed upon by the CLIENT and the CONSULTAL'IT, shall be incorporated by written amendments to this AGREEMENT. 13. Termination of AGREEMENT. This AGREEMENT may be terminated without cause by either the CLIENT or the CONSULTANT upon thirty (30) days written notice. In such case, the CONSULTANT shall be compensated by the CLIENT for all work satisfactorily completed prior to termination. In the event of such termination, all finished or unfinished documents, data, studies, survey drawings, maps, models, photographs, and reports prepared by the CONSULTANT shall, at the option of the CLIENT, become its property and the CONSULTANT shall be entitled to receive just and equitable compensation for satisfactory work completed on such materials. ~J 14. Assignabilitv. This AGREEMENT shall not be assigned or transferred by either the CONSULTANT or the CLIENT without the prior written consent of the other. Notwithstanding the foregoing, however, the CONSULTANT shall not be prohibited o ~J 15 from contracting with qualified subconsultants or from assigning to a bank, trust company or other financial institution any claims for compensation due, or to become due, to the CONSULTANT from the CLIENT under this AGREEMENT, without such prior written consent. 15. Conflict of Interest. The CONSULTANT covenants that it presently has no interest which would conflict with the performance of the services required under the AGREEMENT. This AGREEMENT represents the entire and integrated agreement between the CLIENT and the CONSULTANT and supersedes all prior negotiations, representations or agreements, either written or oral. This AGREEMENT may be amended only by written instruments signed by both CLIENT and CONSULTANT. IN WITNESS WHEREOF, the CLIENT and CONSULTANT have executed this AGREEMENT in duplicate on the respective dates indicated below. Date /0/ rq! f7 By ST: (? 1,.( P';/ (.J 0-:!.~ (/ ~ City Clerk City of Andover Date It) -/t-ef/ , By ~_____ r obert. uornos President Date /'??-/B -$9 ....:...,~{(.,c.,..~'.,"""""'. " ~~ ~r t\ t;i ':'1- ~l j1 '\ i'>' .\ " "" ,I' '.'~;~''!N;;__#~ ~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE July 2, Approve 1991 CDBG Subgrantee Agreement ORIGINATING DEPARTMENT Planning ~ David L. Carlberg BY: City planner AGENDA SECllON . NO. Sta f, Comml ttee, Commission ITEM NO. /,l. REQUEST FOR The Andover City Council is requested to approve the Anoka County Community Development Block Grant Agreement between Anoka County, a political subdivision of the State of Minnesota, and the Ci ty of Andover. Attached for Council review is the agreement. COUNCIL ACTION SECOND BY MOTION BY '~ TO ANOKA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM " '-~ AGREEMENT between ANOKA COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF MINNESOTA AND CITY OF ANDOVER This agreement. entered into this day of ,19_, between Anoka County, a political subdivision of the State of Minnesota (hereinafter referred to as the "County"), and the City of Andover, 1685 Crosstown Boulevard NW., Andover. MN 55304 (hereinafter referred to as the "Agency"): RECITALS A. The County IS an urban county applicant for block grant funds under the Housing and Community Development Act of 1974 (the Act), Pub. L. 93-383 as amended, and will receive block grant funds for the purpose of carrying out eligible community development and housing activities under the Act and under regulations promulgated by the Department of Housing and Urban Development (HUD) at 24 CFR p. 570; B. An Urban County Consortium has been established by a Joint Cooperation Agreement between the County and municipal corporations within the County, the terms of which specify allocation of block grant funds to those participating jurisdictions for use in accordance with the County Housing Assistance and Community Development Plans accepted by participating jurisdictions and reviewed by HUD; C. The County desires to have certain services performed by the Agency as described within this agreement, and as authorized by Anoka County resolutions for the purpose of implementing eligible activities under the Act and HUD regulations; D. It is appropriate and mutually desirable that the Agency be designated by the County to undertake the aforementioned eligible activities, so long as the requirements of the Act. HUD Regulations, state law and local law are adhered to. as provided for herein; E. The purpose of this Agreement is to provide for cooperation between the County and the Agency. as the parties in this agreement, in implementing such eligible activities in the manner described above; F. The parties are authorized and empowered to enter into this Agreement by the Laws of the State of Minnesota. G. The following attachments as listed below are hereby incorporated in this agreement and made a part hereof: '\ ',_.j - 1 - .:J o PART I. GENERAL CONDITIONS PART II. FEDERAL AND LOCAL PROGRAM REQUIREMENTS PART III. EVALUATION AND RECORD KEEPING Exhibit A - Project Description Summary Exhibit B - 1991 Program as approved by County Board Exhibit C - County Board Resolution 85-42 Exhibit D - County Board Resolution 85-23 Exhibit E - County Board Resolution 86-70 Exhibit F - Certification In consideration of payments, covenants, and agreements hereinafter mentioned, to be made and periormed by the parties hereto, the parties mutually covenant and agree as provided for in this agreement. H. COUNTY Tim Yantos Deputy County Administrator Date: Approved as to form: Assistant Anoka County Attorney AGENCY (Signature) Name (Typed) Title Date: - 2 - :J PART I. GENERAL CONDITIONS 1. SCOPE OF AGREEMENT The Agreement between the parties shall consist of the signature page, the general conditions; the federal, state and local program requirements; the evaluation and record keeping requirements, each and every project exhibit incorporated into the Agreement; all matters and laws incorporated by reference herein; and any written amendments made according to the general conditions. This Agreement supersedes any and all former agreements applicable to projects attached as exhibits to this Agreement. 2. SCOPE OF SERVICES The Agency shall perform and carry out in a satisfactory and proper manner the services set forth in the Project Request Form. This Agreement may be amended from time to time, in accordance with the general conditions, for the purpose of adding new projects, amending the scope of work, or for any other lawful purpose. 3. COMMENCEMENT AND TERMINATION OF PROJECTS Upon release of project-related funds by HUD pursuant to federal regulations, the County shall furnish the Agency with written notice to proceed. No work on the proiect shall occur prior to the notice to proceed without written approval from the County. Termination dates for individual projects shall be specified in the appropriate exhibits and be in compliance with County Board Resolution #85-23, attached as Exhibit C. Costs incurred after the termination date will not be reimbursed. The termination date may be changed through amendment of this Agreement. 4. ADMINISTRATION A. The Aoencv shall appoint a liaison person who shall be responsible for overall administration of block orant funded proiect(s) and coordination with the County Housinq and Community Development Prooram. The Aoencv shall also desionate one or more representatives who shall be authorized to sion the monthlv Voucher and Report/no Form, The names of the liaison persons and representatives shall be specified in the Exhibits, 5. COMPENSATION AND METHOD OF PAYMENT A. The County shall reimburse the Agency for the services specified in the Exhibits in an amount not to exceed the amount specified on Exhibit A. Reimbursement shall be based on a Community Development Voucher and Reporting Form submitted with supporting documents and signed by the Agency's authorized representative. <J - 3 - B. The Agency shall submit a properly executed Voucher and Reporting Form no later than fifteen (15) working days after the close of each bill!D9 period. The County will make payment to the Agency not more than / !:J working days after said invoice is received and approved by Anoka County. The County will issue a statement of correction voucher in the event that the voucher request is erroneous. Payment does not constitute absolute approval. o 6. OPERATING BUDGET The Agency shall apply the funds received from the County under this Agreement in accordance with the requirements of the Exhibit(s) attached hereto. 7. FUNDING ALTERNATIVES AND FUTURE SUPPORT A. The Agency shall report all project income generated under this Agreement for the purposes specified herein or generated through the project(s) funded under this Agreement. All program income shall be forwarded to Anoka County except as provided in Exhibit D. The County will maintain a record of program income received by individual projects for future use by the subgrantee for eligible CDBG activities. B. The County makes no commitment to future support and assumes no obligation for future support of the activities contracted for herein, except as expressly set forth in this Agreement. C, Should anticipated sources of revenue not become available to the County for use in the Community Development Block Program, the County shall immediately notify the Agency in writing and the County will be released from all contracted liability for that portion of the Agreement covered by funds not received by the County. 8. AMENDMENTS Either party may request modifications in the scope of services. terms, or conditions of this Agreement. Proposed modifications which are mutually agreed upon shall be incorporated by written amendment to this Agreement. A written amendment may affect a project or projects authorized by this Agreement or may be of general application. 9. ASSIGNMENT AND SUBCONTRACTING A. The Agency shall not assign any portion of this Agreement without the written consent of the County, and it is further agreed that said consent must be sought by the Agency not less than fifteen (15) days prior to the date of any proposed assignment. B. Any work or services assigned or subcontracted hereunder shall be subject to each provision of this Agreement and proper bidding procedures contained therein. The Agency agrees that it is as fully responsible to the County for the ~J - 4 - o 10. ,.J acts and omissions of its subcontractors and of their employees and agents, as it is for the acts and omissions of its own employees and agents. HOLD HARMLESS AND INDEMNIFICATION A. The Agency further agrees that it is financially responsible (liable) for any audit exception which occurs due to its negligence of failure to comply with the terms of the Agreement. B. The Agency agrees to protect and save the County, its elected and appointed officials, agents, and employees while acting within the scope of their duties as such, harmless from and against all claims, demands, and causes of action of any kind or character, including the cost of defense tHereof, arising in favor of the Agency's employees or third parties on account of personal injuries, death or damage to property arising out of services performed or omissions of services or in any way resulting from the acts or omissions of the Agency and/or its agents, employees, subcontractors or representatives under this Agreement. 11. INSURANCE For all agencies which are not municipal corporations organized under the laws of the State of Minnesota, the following insurance requirements shall apply: A. Public Liabilitv Insurance The Agency shall obtain and maintain continuously public liability insurance necessary to protect the public on the subject premises naming the County as insured to the extent of Five Hundred Thousand and nO/1 00 ($500,000.00) Dollars General Liability Insurance including bodily injury and property damage with umbrella excess liability of Two Million and no/100 ($2,000,000.00) Dollars and provide proof of Worker's Compensation Insurance pursuant to the Statutes of the State of Minnesota. B. Buildina Risk Insurance The Agency shall cause to be maintained, during the period that contract work is in progress. All Risk Builder's Insurance. (including fire. vandalism, malicious mischief and extended coverages) in an amount not less than the value of destructible contract work in place. C. Proof of Insurance The Agency shall provide certificates of insurance required under this section, or, upon request of the County, duplicates of the - policies as evidence of the insurance protection afforded. Such insurance policies shall not be reduced or cancelled without sixty (60) days prior written notice to the County. - 5 - 12. CONFLICT OF INTEREST ~J A. Interest of Officers. Emplovees, or Aoents - No employee. agent, consultant, officer, or elected or appointed official of the Agency who exercises any functions or responsibilities with respect to Block Grant Program activities assisted under this Program or who are in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. B. Interest of Subcontractor and Their Emplovees - The Agency agrees that it will incorporate into every subcontract required to be in writing and made pursuant to this Agreement the following provisions: The Contractor covenants that no person who presently exercises any functions or responsibilities in connection with the Block Grant Program, has any personal financial interest, direct or indirect, in , this Contract. The Contractor further covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of his services hereunder. The Contractor further covenants that in the performance of this Contract no person having any conflicting interest shall be employed. Any interest on the part of the Contractor or his employees must be disclosed to the Agency and the County. 13. DATA PRIVACY All data collected, created, received, maintained, or disseminated, or used for any purposes in the course of the Provider's performance of this Agreement is governed by the Minnesota Government Data Practices Act. Minnesota Statutes 1984, Section 13,01 et seq. or any other applicable State statutes and any State rules adopted to implement the Act. as well as State statutes and Federal regulations on data privacy. The Provider agrees to abide by these statutes, rules, and regulations and as they may be amended, 14. TERMINATION A. This Agreement is subject to termination upon thirty (30) days written notice by the County should: (1 ) The Agency mismanage or make improper or unlawful use of Agreement funds; (2) The Agency fail to comply with the terms and conditions expressed herein or the applicable statutes, regulations and directives of the Federal Government, State, or County; ~J - 6 - (3) The Agency fail to provide work or services expressed by this Agreement; or o (4) The Agency fail to submit reports or submit incomplete or inaccurate reports in any material respect. S. This Agreement may be terminated by the County immediately upon the receipt by the County of notice of the loss of federal funding for the Community Oevelopment Block Grant Program or any project of the Agency. C. This Agreement is subject to termination upon thirty (30) days written notice by the Agency should: (1) The County fail in its commitment under this Agreement to provide funding for services rendered, as herein provided; or (2) Block Grant funds become no longer available from the Federal Government or through the County. O. Othervvise this Agreement shall terminate on the latest termination date specified on the Project Request Form attached hereto and shall be subject to extension only by mutual agreement and amendment in accordance with the General Conditions of this Agreement except that the County may terminate the agreement if funds are not expended as required by Exhibit C. E. Upon termination of this Agreement any unexpended balance of Agreement funds shall remain in the County Block Grant fund. F. In the event that termination occurs under paragraph A(1) of this section, the Agency shall return to the County all funds which were expended in violation of the terms of this Agreement. 15. REVERSION OF ASSETS Upon the expiration or termination of this agreement, the Agency shall transfer to the County any COSG funds on hand or in the accounts receivable attributable to the use of COBG funds. In addition, at the expiration or termination of this agreement. any real property under the Agency's control that was acquired or improved in whole or in part with COSG funds in excess of $25,000.00 shall be disposed of in a manner which results in the agency being reimbursed in the amount of the current fair market value of the property less any portion thereof attributable to the expenditures of non-COBG funds for acquisition of, or improvement to, the real property. Such reimbursement shall not be required if the conditions of 24 CFR 9 570.503(b)(8)(i) are met and satisfied. . 16. DISPOSITION OF PROGRAM INCOME Upon the expiration or termination of this agreement, program income shall be returned by the Agency to the County. . \ ,-j - 7 - o PART II. FEDERAL AND LOCAL PROGRAM REQUIREMENTS 1. GENERAL REQUIREMENTS The Agency shall comply with the Housing and Community Development Act of 1974, Public Law. 93-383 as amended, and Implementing Regulations at 24 CFR p. 570. 2. PROCUREMENT STANDARDS In awarding contracts pursuant to this Agreement, the Agency shall comply with all applicable requirements of local and state law for awarding contracts, including but not limited to procedures for competitive bidding, contractor's bonds. and retained percentages. In addition, the Agency shall comply with the requirements of the U.S. Office of Management and 24 CFR Part 85 or Budget Circular A-11 0 as appropriate, relating to bonding. insurance and procurement standards; and with Executive Order 11246 regarding nondiscrimination bid conditions for projects over Ten Thousand and no/100 ($10,000.00) Dollars. Where federal standards differ from local or state standards, the stricter standards shall apply. The federal standard of Ten Thousand and nO/100 ($10,000,00) Dollars for competitive bidding shall apply only if the applicable state or local standard for competitive bidding is less strict than Ten Thousand and nO/1 00 ($10,000.00) Dollars. 3. ENVIRONMENTAL REVIEW ~J A. National Environmental Policy Act - The County retains environmental review responsibility for purposes of fulfilling requirements of the National Environmental Policy Act as implemented by HUD Environmental Review Procedures (29 CFR pt. 58). The County may require the Agency to furnish data. information and assistance for the County's review and assessment in determining whether an Environmental Impact Statement must be prepared. B. State Environmental Policy Act - Agencies which are branches of government under Minnesota Law retain responsibility for fulfilling the requirements of the State Law regarding environmental policy and conservation, and regulations and ordinances adopted thereunder. If the agency is not a branch of government under Minnesota Law, the County may require the agency to furnish data. information and assistance as necessary to enable the County to comply with the State Environmental Policy Act. C. Satisfaction of Environmental Requirements - Project execution under this Agreement by either the County or the Agency shall not proceed until satisfaction of all applicable requirements of the National and State Environmental Policy Acts. A written notice to proceed will not be issued by the County until all such requirements are complied with. - 8 - .. ~ 4. NONDISCRIMINATION o .~ A. General The Agency shall comply with all federal, state and local laws prohibiting discrimination on the basis of age. sex. marital status, race, creed, color, national origin or the presence of any sensory, mental or physical handicap or any other basis now or hereafter prohibited by Law. These requirements are specified in Section 109 of the Housing and Community Development Act of 1974; Civil Rights Act of 1964, Title VI; Civil Rights Act of 1968, Title VIII; Executive Order 11063; Executive Order 11246; and Section 3 of the Housing and Urban Development Act of 1968. Specifically, the Agency is prohibited from taking any discriminatory actions defined in the HUD Regulations at 24 CFR 570.602(b) (1-3) and shall take such affirmative and corrective actions as are required by the Regulations at CFR 570.602(b)(4). These requirements are summarized in the following paragraphs: B. Proqram Benefit The Agency shall not discriminate against any resident of the project service area by denying benefit from or participation in any block grant funded activity on the basis of race, color, sex, or national origin. (Civil Rights Act of 1964, Title VI; Civil Rights Act of 1968, Title VII; Section 109, Housing and Community Development Act of 1974). C. Fair Housinq The Agency shall take necessary and appropriate actions to prevent discrimination in federally assisted housing and lending practices related to loans insured or guaranteed by the federal government. (Civil Rights Act of 1968, Title VII; Executive Order 11063) D. Emplovment 1. In all solicitations under this Agreement. the Agency shall state that all qualified applicants will be considered for employment. The words "equal opportunity employer" in advertisements shall constitute compliance with this section. 2. The Agency shall not discriminate against an employee or applicant for employment in connection with this Agreement because of age, marital status, race, creed, color, national origin. or the presence of any sensory, mental or physical handicap. except when there is a bona fide occupational limitation. Such action shall include, but not be limited to the following: Employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination. rates of payor other forms of compensation. and selection for training. (Executive Order 11246 as amended) - 9 - ~ \J 3. To the greatest extent feasible, the Agency shall provide training and employment opportunities for lower income residents within the area served by block grant assisted projects (Section 3, Housing and Community Development Act of 1968, as amended). E. Contractors and Suppliers 1, No contractor, subcontractor, union or vendor engaged in any activity under this Agreement shall discriminate in the sale of materials, equipment or labor on the basis of age, sex, marital status, race, creed. color, national origin, or the presence of any sensory, mental, or physical handicap, Such practices include upgrading, demotion, recruiting. transfer, layoff, termination. pay rate. and advertisement for employment. (Executive Order 11246 as amended) 2. All firms and organizations described above shall be required to submit to the Agency certificates of compliance demonstrating that they have, in fact, complied with the foregoing provisions; provided, that certificates of compliance shall not be required from firms and organizations on contracts and/or yearly sales of less than $10,000. 3. To the greatest extent feasible. the Agency shall purchase supplies and services for activities under this agreement from vendors and contractors whose businesses are located in the area served by block grant funded activities or owned in substantial part by project area residents, (Section 3, Housing and Community Development Act of 1968, as amended.) F. Notice 1. The Aqencv shall include the provisions of the appropriate subsections A, B, C, D. and E of this section in every contract or purchase order for qoods and services under this Aqreement and shall send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding a notice advising the said labor union or worker's representative of the commitments made in these subsections. 2. In advertising for employees, goods or services for activities under this Agreement, the agency shall utilize minority publications in addition to publications of general circulation. 5. LABOR STANDARDS The Agency shall require that project construction contractors and subcontractors pay their laborers and mechanics at wage rates in accordance with the Davis-Bacon Act, as amended (40 USC sections 327-333); provided that this section shall not apply to rehabilitation of residential property designed for residential use by fewer than eight families. - 10- o / "- '-......-) A copy of the current Davis-Bacon wage rate must be included in all construction bid specs and contracts over Two Thousand and no/100 (S2,000.00) Dollars. 6. PROPERTY MANAGEMENT A. The Agency agrees that any nonexpendable personal property, purchased wholly or in part with agreement funds at a cost of Three Hundred and nO/100 (S300.00) Dollars or more per item, is upon its purchase or receipt the property of the County and/or federal government. Final ownership and disposition of such property shall be determined under the provisions of Appendix N to the U.S. Office of Management and 24 CFR Part 85 or Budget Circular No. A-11 0 as appropriate. B. The Agency shall be responsible for all such property, including its care and maintenance. C. The Agency shall admit the County's property management officer to the Agency's premises for the purpose of marking such property, as appropriate, with county property tags. D. The A~ency shall meet the following procedural requirements for all such property: 1 . Property records shall be maintained accurately and provide for: a description of the property; manufacturer's serial number or other identification number; acquisition date and cost; source of the property; percentage of block grant funds used in the purchase of property; and location, use, and condition of the property. 2. A physical inventory of property shall be taken and the results reconciled with the property records at least once every t'No (2) years to verify the existence, current utilization, and continued need for the property. 3. A control system shall be in effect to insure adequate safeguards to prevent loss, damage, or theft to the property. Any loss, damage, or theft of the property shall be investigated and fully documented. 4. Adequate maintenance procedures shall be implemented to keep the property in good condition. . 7. ACQUISITION AND RELOCATION' A. Any acquisition of real property for any activity assisted under this Agreement which occurs on or after the date of the County's submission of its Block Grant application to HUD shall comply with Title III of the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended by the Uniform Relocation Act Amendments of 1987 Title IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (Pub. L 1 00-17, 101 Stat. 246-256) (hereinafter referred to as the Uniform Act) (40 USC section 4601) and the Regulations at 49 CFR pt. 24. - 11 - ~ B. Any displacement of persons. business, nonprofit organizations or farms occurring on or after the date of the County's submission of its Block Grant application as the result of acquisition of real property assisted under this Agreement shall comply with Title /I of the Uniform Act as amended by the Uniform Relocation Act Amendments of 1987 Title IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (Pub. L 100-17, 101 Stat. 246-256) and the Regulations at 49 CFR pt. 24. The Agency shall comply with the Regulations pertaining to costs of relocation and written policies, as specified by 24 CFR section 570.606 (a) & (b). 8. HISTORIC PRESERVATION The Agency shall meet the historic preseNation requirements of Public Law 89-665 and the Archeological and Historic PreseNation Act of 1974 (Pub. L. 93-291) and Executive Order 11593, including the procedures prescribed by the Advisory Council on Historic PreseNation in the Regulations at 36 CFR pt. 800. Activities affecting property listed in or found to be eligible for inclusion in the National Register of Historic Places will be subject to requirements set forth in HUD Environmental Review Procedures at 24 CFR pt. 58. 9. ARCHITECTURAL BARRIERS Any facility constructed pursuant to this Agreement shall comply with design requirements of the Architectural Barriers Act of 1968 (42 USC section 4151). 10. NONPARTICIPATlON IN POLITICAL ACTIVITIES The Agency shall comply with the provisions of the Hatch Act (5 USC Chapter 15). 11. NATIONAL FLOOD INSURANCE The Agency may not receive Community Development Block Grant funding for acquisition or construction for use in any area that has been identified as having special flood hazards and is not participating in the National Flood Insurance Program, as provided by Section 3(a) of the Flood Disaster Protection Act of 1973 (Pub. L. 93- 234) and the Regulations thereunder (24 CFR Ch. X, subchap. B). The Agency shall comply with the Regulations at 24 CFR section 570.605. 12. AIR AND WATER POLLUTION The Agency shall comply with the provisions of the Clean Air Act. as amended (42 USC section 1857 gg ~ and the Federal Water Pollution Control Act, as amended (33 USC sections 1251 et ~ and the regulations issued thereunder (40 CFR pt. 15). . 13. LEAD-BASED PAINT POISONING .:) '- The Agency shall comply with the HUD Lead-Based Paint Regulations (24 CFR pt. 35) issued pursuant to the Lead-Based Paint Poisoning Prevention Act (42 USC sections 4831 et ~ requiring prohibition of the use of lead-based paint (whenever funds under this - 12 - \ I ......./ Agreement are used directly or indirectly for construction, rehabilitation. or modernization of residential structures); elimination of immediate lead-based paint hazards in residential structures; and notification of the hazards of lead-based paint poisoning to purchasers and tenants of residential structures constructed prior to 1950. 14. NON-DISCRIMINATION BASED ON HANDICAP When and. where applicable, the agency shall comply with Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794). to ensure that no otherwise qualified individual with a handicap in the United States shall, solely by reason of his or her handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance from the Department of Housing and Urban Development. 15. NONSUBSTITUTION FOR LOCAL FUNDING The Block Grant Funding made available under this Agreement shall not be utilized by the Agency to reduce substantially the amount of local financial support for community development activities below the level of such support prior to the availability of funds under this Agreement. 16, PUBLIC OWNERSHIP For Agencies which are not municipal corporations organized under the laws of the State of Minnesota, it may become necessary to grant the County a property interest where the subject project calls for the acquisition. construction, reconstruction, rehabilitation, or installation of publicly-owned facilities and improvements. The Agency shall comply with current County policy regarding transfer of a property interest sufficient to meet the public ownership requirement. 17. PUBLIC INFORMATION A. In all news releases and other public notices related to projects funded under this Agreement, the Agency shall include information identifying the source of funds as the Anoka County Community Development Block Grant Program. B. For all construction projects the Agency shall erect a sign to County specifications at the construction site, identifying the source of funds, except that this requirement may be waived for construction projects ofTen Thousand and no/1 00 ($10,000.00) Dollars or less. 18. APPLICABLE UNIFORM ADMINISTRATIVE REQUIREMENTS A. An Agency which is the governmental entity (including public agencies) shall comply with the requirements and standards of OMB Circular No. A-87, "Principles for Determining Costs Applicable to Grants and Contracts with State, Local and Federally recognized Indian Tribal Governments". OMB Circular A-128, "Audits of State and local Governments" (implemented at 24 CFR Part 44) and with the . \ ',,,) - 13 - o '::J following sections of 24 CFR Part 85 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments": (1) Section 85.3. "Definitions"; (2) Section 85.6, "Exceptions"; (3) Section 85.12, "Special grant or subgrant conditions for 'high-risk' grantees"; (4) Section 85.20, "Standards for financial management systems," except paragraph (a); (5) Section 85.21, "Payment," except as modified by 9 570.513; (6) Section 85.22, "Allowable costs"; (7) Section 85,26. "Non-federal audits"; (8) Section 85.32. "Equipment." except in all cases in which the equipment is sold, the proceeds shall be program income; (9) Section 85.33, "Supplies"; (10) Section 85.34, "Copyrights"; (11) Section 85.35, "Subawards to debarred and suspended parties"; (12) Section 85.36, "Procurement," except paragraph (a); (13) Section 85.37, "Subgrants"; (14) ,Section 85.40, "Monitoring and reporting program performance," except paragraphs (b) through (d) and paragraph (f); (15) Section 85.41. "Financial reporting," except paragraphs (a), (b), and (e); (16) Section 85.42. "Retention and access requirements for records"; (17) Section 85.43, "Enforcement"; (18) Section 85.44, ''Termination for convenience"; (19) Section 85.51, "Later disallowances and adjustments" and (20) Section 85,52. "Collection of amounts due." B. An Agency if it is not a governmental entity, shall comply with the requirements and standards of OMS Circular No. A-122, "Cost Principles for Non Profit Organizations" or OMS Circular No. A-21 , "Cost Principles for Educational Institutions," as applicable, and with the following Attachments to OMB Circular No. A-110; (1 ) (2) (3) Attachment A, "Cash Depositories". except for paragraph 4 concerning deposit insurance; Attachment Bt "Bonding and Insurance"; (4) (5) (6) Attachment C, "Retention and Custodial Requirements for REcords", except that in lieu of the provisions in paragraph 4, the retention period for records pertaining to individual CDBG activities starts from the date of submission of the annual performance and evaluation report. as prescribed in 9 570.507, in which the specific activity is reported on for the final time; Attachment F, "Standards for Financial Management Systems"; Attachment H, "Monitoring and Reporting Program Performance". Paragraph 2; Attachment N, "Property Management Standards", except for paragraph 3 concerning the standards for real property, and except that paragraphs 6 and 7 are modified so that - - 14 - o (7) o (i) In all cases in which personal property is sold, the proceeds shall be program income, and (ii) Personal property not needed by' the subrecipient for CDBG activities shall be transferred to the recipient for the CDBG program or shall be retained after compensating the recipient; and Attachment 0, "Procurement Standards." - 15 - CJ o PART III. EVALUATION AND RECORD KEEPING 1. EVALUATION The Agency agrees to participate with the County in any evaluation project or performance report,-as designed by the County or the appropriate Federal agency, and to make available all information required by any such evaluation process. 2. AUDITS AND INSPECTIONS The Agency shall obtain an independent audit on an annual basis if the budget is at least $25,000.00. Such audit shall be made by qualified individuals who are sufficiently independent of those who authorize the expenditure of Federal funds. The audit report shall state that the audit was performed in accordance with the generally accepted governmental audit standards for financial and compliance audits of the U. S. General Accounting Office Standards for Audit of Governmental Orqanizations, Proqrams, Activities, and Functions. and the provisions of OMB A-11 O. The records and documents with respect to all matters covered by this contract shall be subject at all'times to inspection, review or audit by the County, County, Federal or State officials so authorized by law during the performance of this contract and during the period of retention specified in this Part III. 3. RECORDS As required by HUD Regulations. 24 CFR pt. 570, the Agency shall compile and maintain the following records: A. Financial Management - Such records shall identify adequately the source and application of funds for activities within this Agreement, in accordance with the provisions of Appendix G to the U.S. Office of Management and 24 CFR Part 85 or Budget Circular A-11 0 as appropriate. These records shall contain information pertaining to grant awards and authorizations. obligations, unobligated balances, assets, liabilities, outlays. and income. B. Citizen Participation - Narrative and other documentation describing the process used to inform citizens concerning the amount of funds available, the ranges of project activities undertaken. and opportunities to participate in funded block grant projects. . C. Relocation - Indication of the overall status of the relocation workload and a separate relocation record for each person, business, organization, and farm operation displaced or in the relocation workload. D. Property Acquisition - Agency files must contain (a) invitation to owner to accompany appraiser during inspection, (b) at least one property appraisal, (c) statement of basis for determination of just compensation, (d) written offer of just compensation, (e) all documents involving conveyance. (f) settlement cost reporting statement. and (g) notice to surrender possession of premises. - 16 - f~ '--.J o E. Equal Opportunity - The Agency shall maintain racial, ethnic. and gender data showing the extent to which these categories of persons have participated in. or benefitted from, the activities carried out under this Agreement. The Agency shall also maintain data which records its affirmative action in equal opportunity employment. and its good-faith efforts to identify. train, and/or hire lower- income residents of the project area and to utilize business concerns which are located in or owned in substantial part by persons residing in the area of the project. F. Labor Standards - Records shall be maintained regarding compliance of all contractors performing construction work under this Agreement with the labor standards made applicable by 24 CFR 570,603. G. Determinations of Condition of Slum and Bliqht The agency will submit: 1. an attorney's opinion that an area designated as slum or blighted for the purpose of qualifying a CDBG activity meets the State or local definition of same; 2. the boundary of the area so designated; 3. a list of the conditions the CDBG-funded activity is intended to address. In the event that a single property is designated as blighted. the community must submit a certified building inspector's report on the conditions leading to that determination. H. Economic Development The agency will maintain copies of financial statements that indicate the historical and projected income of a company approved for CDBG assistance. Those records will include three years of profit and loss statements, balance statements and projected income statements. The agency will also keep records indicating the amount and terms of assistance provided together with an explanation of how the assistance provided meets the "necessary and appropriate" requirements communicated in the June 2, 1987 Stokvis memorandum. I. Such other records as may be required by the County and/or HUD. 4. RETENTION OF RECORDS Required records shall be retained for a period of three (3) years after termination of this Agreement, except as follows: (1) Records that are the subject of audit findings shall be retained for three (3) years after such findings have been resolved. (2) Records for nonexpendable property shall be retained for three (3) years after its final disposition. Nonexpendable property is defined in Appendix N to U.S. Office of Management and 24 CFR Part 85 or Budget Circular A-11 0 as appropriate. - 17 - ~J ''\ '"j 5. REPORTS The Agency shall submit such reports as required by the County on a monthly, quarterly or annual basis and also prior to project execution. Those reports will include but not be limited to client information, revolving fund accounting, inventory management, general accounting, property acquisition/disposition, displacement/relocation, and low-income housing replacement. - 18 - PRELIMINARY PROJECT REQUEST FORM I. PROJECT NAME: ANDOVER COMPREHENSIVE PLANNING 1991 Project III "J II. PROJECT ACTIVITY A. Briefly describe the project 1. Project location (attach a map) 2. Project activities (acquisition, relocation, construction, demolition, rehabilitation, administration. etc.) 3. Detail the number of persons benefitting. 4. How are they benefitting? 5. How many persons are low income? III. PROJECT DURATION: A. Is this a one. two or three year project? B. Give Project termination date. IV. If the Project is more than one year. detail the project activities by year. V. Briefly describe the Community problems that the activities address. (For example. neighborhood blight. lack of low income jobs. substandard housing.) VI. Summarize the funding. A. Total revenue needed. B. Total C.D.B.G. revenue needed. C. Source and amount of other revenue. VII. Detail the cost of each activity; demonstrate how each cost was determined (see attached list of activities) . VIII. Briefly describe the project area. A. Its geographical size. B. Number of households, or businesses. C. Adequacy of the public facilities (sewers, water, streets, etc.). D. Age of the neighborhood. of the homes or businesses. IX. Is this project part of a larger effort? If yes, explainl X. Project contact person: XI. Individual authorized to request reimbursements for project expenses from Anoka County. XII. Detail any demolition of housing suitable for lower income households. New requirements call for one-for-one replacement. XIII. Attach copies of: Public Hearing Notice (Including availability of Interpreter) Minutes of Public Hearing Resolution of Local Unit of Government /, Project Schedule '-_) Plan for replacement housing If you will be converting or destroying anv occucied or standard-but-vacant housing. COSO.l1 Rev, 10/15/90 PROJECT ~1 ~) PRELIMINARY PROJECT REQUEST Anoka County Community Development Block Grant - 1991 I. PROJECT NAME Andover Comprehensive Planning II. PROJECT ACTIVITY The proposed project is the continuation of the 1989 CDBG program and will update and improve long range planning efforts within the City. The current Andover Comprehensive Plan was completed in 1980 and approved in 1982. It addresses few if any housing, (low and moderate income) issues. Because of the rapid growth experienced by Andover, the Comprehensive Plan should address public services and facilities. Administrative costs will be included in this project. All residents of the City of Andover will benefit from the update and improvement of the City's Comprehensive Plan. As the City continues to grow, residents will be better served if the City has long range goals and plans with which to guide development. III. & IV. PROJECT DURATION The Comprehensive plan is projected to take two years to update, including plan preparation, public input, City approval and Metropolitan Council approval. The project is scheduled to be completed in september of 1991. The City Comprehensive plan will guide development and City improvement for the next five years and if implemented properly, into the next century. V. This project would address the problems of housing, sewer and water capacity planning, parks and recreation; public facility development, commercial development and other development and growth issues. VI. The Andover City Council proposes to use $13,500 in 1991 for updating the Comprehensive plan. Total dollars spent will depend upon how many major community issues and solutions are discussed by the Andover Comprehensive Plan Task Force. , , ~~ page 2 Andover CDBG proposal February 22, 1991 o Total $12,000 $ 1,200 $ 300 $13,500 VII. 1991 Planning Costs Recording Secretary Miscellaneous Supplies VIII. Because this project will be a City-wide effort, it is impossible to determine at this time, the exact number of households that will be served by this project. IX. Andover believes that planning long range growth is vital to the proper use of resources within the City, including finances and land. As the City continues to improve long range planning efforts within the City, all residents will benefit from a better living 'environment. X. David L. Carlberg, City Planner is the project contact person. XII. David L Carlberg, City Planner and William G. Hawkins, City Attorney are the individuals authorized to request reimbursements for project expenses. XIII. PROJECT SCHEDULE July 1, 1990 - March 1991 June 1991 - August 1991 Planning Process August 1991 - Sept. 1991 Metropolitan Council Review and Approval Finalize Report ~J PRELIMINARY PROJECT REQUEST FORM I. PROJECT NAME: PUBLIC SERVICE ASSISTANCE PROGRAM :J 1991 Project #2 II. PROJECT ACTNfTY A. Briefly describe the project 1. Project location (attach a map) 2. Project activities (acquisition, relocation, construction. demolition, rehabilitation, administration. etc.) 3. Detail the number of persons benefitting. 4. How are they benefitting? 5. How many persons are low income? III. PROJECT DURATION: A. Is this a ~. two or three year project? B. Give Project termination date. IV. If the Project is more than one year, detail the project activities by year. V. Briefly describe the Community problems that the activities address. (For example, neighborhood blight. lack of low income jobs, substandard housing.) VI. Summarize the funding. A. Total revenue needed. B. Total C.D.B.G. revenue needed. C. Source and amount of other revenue. VII. Detail the cost of each activity; demonstrate how each cost was determined (see attached list of activities) . VIII. Briefly describe the project area. A. Its geographical size. 8. Number of households, or businesses. C. Adequacy of the public facilities (sewers, water, streets, etc.). D. Age of the neighborhood, of the homes or businesses. IX. Is this project part of a larger effort? If yes, explainl X. Project contact person: XI. Individual authorized to request reimbursements for project expenses from Anoka County. XII. Detail any demolition of housing suitable for lower income households. New requirements call for one-for-one replacement. ::~ XIII. Attach copies of: Public Hearing Notice OncJudlng availability of Interpreter) Minutes of Public Hearing Resolution of Local Unit of Government Project Schedule Plan for replacement housing If you will be converting or destroying anv occuoied or standard-but-vacant housing. COSO.ll Rev. 10/15190 PROJECT ~2 - o PRELIMINARY PROJECT REQUEST Anoka County Community Development. Block Grant - 1991 I. PROJECT NAME Andover Public Service Assistance Program II. PROJECT ACTIVITY The proposed project will continue as it did in 1990 to assist several local public service programs that serve low and moderate income families or individuals. The City will designate a portion of the CDBG funds for programs that meet CDBG criteria. An application procedure, approved by Anoka County, will be used to determine which programs receive funding. The application will be similar to the one used in 1990. All public service programs must serve low and moderate income individuals. Administrative costs will be included in this project. III. & IV. PROJECT DURATION This will be an on-going project. The Andover City Council believes that programs that serve low to moderate income families/individuals should receive some level of funding from the CDBG funds annually. V. This project would address the problems of services for senior citizens, handicapped individuals and services for the homeless. VI. The Andover City Council proposes to use at least $15,000 in 1991 for public service programming. Total dollars spent will depend upon the number and amount of the requests received by the City. o page 2 Andover CDBG Proposal February 22, 1991 <J VII. Advertising for Proposals Amount of Public Service Funds Requested $ 50 $15,000 VIII. Because this project will be a City-wide effort, it is difficult to determine at this time, the exact number of households that will be incorporated into this project. The actual figures will be determined once awards have been made and reports from subrecipiants have been received. preliminary 1990 figures show a number of Andover and area households being effected. IX. Andover believes that its financial involvement in public service program funding is vital to the growth of services required for a growing community. Andover recognizes the need for programs that serve both local and regional clientele and this effort is part of the overall effort to fund public service programs throughout the twin cities metropolitan area. X. David L. Carlberg, City planner is the project contact person. XII. David L. Carlberg, City Planner and William G. Hawkins, City Attorney are the individuals authorized to request reimbursements for project expenses. XIII. PROJECT SCHEDULE July 1, 1991 - July 31, 1991 Receive Applications, City Council Review August 13, 1991 Funds Awarded to Public Service programs , \ ',J PRELIMINARY PROJECT REQUEST FORM I. PROJECT NAME: Andove r Ne ighbo rhood Rev i t al izat ion 1991 Project 1/3 .:J II. PROJECT ACTIVITY A. Briefly describe the project 1. Project location (attach a map) 2. Project activities (acquisition. relocation, construction, demolition, rehabilitation, administration, etc.) 3. Detail the number of persons benefitting. 4. How are they benefitting? 5. How many persons are low income? III. PROJECT DURATION: A. Is this a one. two or three year project? B. Give Project termination date. IV. If the Project is more than one year. detail the project activities by year. V. Briefly describe the Community problems that the activities address. (For example, neighborhood blight. lack of low income jobs, substandard housing.) VI. Summarize the funding. A. Total revenue needed. B. Total C.D.B.G. revenue needed. C. Source and amount of other revenue. VII. Detail the cost of each activity; demonstrate how each cost was determined (see attached list of activities). VIII. Briefly describe the project area. A. Its geographical size. B. Number of households. or businesses. C. Adequacy of the public facilities (sewers, water, streets, etc.). D. Age of the neighborhood, of the homes or businesses. IX. . Is this project part of a larger effort? If yes, explain I X. Project contact person: XI. Individual authorized to request reimbursements for project expenses from Anoka County. XII. Detail any demolition of housing suitable for lower income households. New requirements call for one-for-one replacement <.J XIII. Attach copies of: Public Hearing Notice (including availability of Interpreter) MInutes of Public Hearing Resolution of Local Unit of .Government Project Schedule Plan for replacement housing If you will be converting or destroying anv occucied or standard-but-vacant housing. CD8G.l1 Rev. 10/15190 PROJECT *3 ~ PRELIMINARY PROJECT REQUEST Anoka County Community Development Block Grant - 1991 I. PROJECT NAME Andover Neighborhood Revitalization II. PROJECT ACTIVITY The proposed project is an on-going continuation of the City's effort to clean up blighted properties. The project will include the identification of blighted properties, the acquisition of the properties, possibly the demolition/removal of blighted and/or substandard structures and the resale of the property for new, more e~ergy efficient single family home or commercial properties. Administrative costs will be included in this project. The total number of persons receiving benefit from this project is unknown at this time. These figures will be determined by the number of blighted properties identified and cleaned. Neighbors living in close proximity to the proposed acquisition sites will benefit from the removal of substandard and blighted structures and from the clean up of the surrounding neighborhood. III. & IV. PROJECT DURATION This is an on-going project in the City of Andover. The identification, acquisition and demolition/removal will continue through the duration of the project. The City will evaluate the project in the near future, to determine the programs effectiveness and if the program will continue. V. This project would address the problems of neighborhood blight, substandard housing and energy efficient housing. VI. The funding for the Andover revitalization project will come from the project income from the sale of lots acquired in the past. In addition, a portion of the $40,000 reimbursed from the joint powers agreement with Blaine maybe allocated to this on-going project. o page 2 Andover CDBG proposal February 25, 1991 o VII. The cost of acquisition of the property and/or demolition of the blighted structures will be determined with the appraised value of the properties and agreed purchase prices. VIII. Because this project will be a City-wide effort, it is impossible to determine at this time, the number of households that will be served by this project. IX. The acquisition of property and or demolition of blighted structures is anticipated to be a long term project for the City of Andover. The City recognizes the need to remove substandard and blighted structures from the City's housing pool and in addition, to improve the quality of housing within the city. X. David L. carlberg, City planner is the project contact person. XII. David L. carlberg, City Planner and william G. Hawkins, City Attorney are the individuals authorized to request reimbursements for project expenses. XIII. PROJECT SCHEDULE May 1, 1991 - July 1,1991 Identification and inventory of blighted properties or substandard structures. July 1, 1991 - June 30, 1991 property acquisition, structure demolition and removal, property resale. , , \~) .~ '; I '-J Exhibit B Urban Anoka County COBG 1991 Statement of Communtty Oevelopment Objectives and Projected Use of Funds SPECIFIC OBJECTIVES FOR 1991 ANOKA COUNTY CDBG PROGRAM , The following objectives have been established for assisting communities and citizen groups in the formulation of specific program activities. 1. Support decent. safe housing for residents in Anoka County through: (1) rehabilitation of existing structures; (2) eligible assistance for construction of new lower income housing; (3) acquisition of housing suitable to meet lower income needs. 2. Assist program efforts to redevelop blighted areas through: acquisition and clearance, upgrading public facilities and utilities, en~ouraging new development, seeking local financial commitment to the effort. 3. Develop and upgrade public facilities and utilities which serve primarily lower income persons or which are an integral part of redevelopment p.fforts in blighted areas. 4. Support economic development in Anoka County to provide new jobs, primarily for lower income persons. 5. Promote the removal of architectural barriers. 6. Provide funding for public service activities which serve primarily lower income persons. 7. Planning and administration to support the above. The above objectives were developed in cooperation with the communities in Anoka County and are based on need as illustrated by statistics drawn from the 1980 census data and comments from community residents. Overall. they are a continuation of past CDSG programs. with many communities sustaining efforts begun in those years. Proj. Objective City L Proiect Budaet Met Andover #120 Comprehensive Plan $13,500 7 Update of city-wide comprehensive ~ Update plan. #121 Public Services Pool $15,000 6 Eligible agencies which provide human services to be later chosen by the City - city-wide. #122 Neighborhood $40,000 2 Purchase and clear blighted property Redevelopment - city-wide (continuing multi-year project). Uncommitted $10,447 Total Andover $78,947 Anoka #124 Public Services Pool $18,900 6 Including, but not limited to the following agencies that provide human services: Anoka County Community Action Program. Alexandra House, Family Ufe Clinic, North Suburban Counseling Clinic, Northwest Suburban Kinship, Anoka- Hennepin Senior Transportation. #148 Alexandra House $3,000 6 *See program descriptions on last page. #150 RISE $2.500 3 *See program descriptions on last page. #125 Retaining Wall $111,264 2 The City will replace a retaining wall Replacement in the low income and redevelopment district adjacent to the east side of the Rum River north of Main Street. #163 Miscellaneous Planning $9,450 7 Half-time funding for an intern completing community development and comprehensive planning city- wide. Total Anoka $145,114 ;~ -2- Blaine #126 Public Service Pool $15,000 6 Including but not limited to the following agencies: Family Life Center Foundation; North Suburban Family_ Service Center, Central Center U for Family Resources, Alexandra House. Association for Retarded Citizens. #127 Comprehensive Plan $16,122 7 Update the city-wide plan. #148 Alexandra House $10,000 6 .See program descriptions on last page. #149 ARC $2,500 6 .See program descriptions on last page. . #150 RISE $5,000 3,6 .See program descriptions on last page. Total Blaine $48,622 Columbia #128 Public Service Pool $21,000 6 Including but not limited to ACCAP Heights Senior Outreach, Central Center/Bridgeview Transportation. Courage Center, Friends of the Library. Hot Meals for Shut-Ins, Little Voyageur's Montessori School, Lutheran Social Services Transitional Housing, Southern Anoka County Community Assistance. #129 Revolving Business $45,000 4 Providing low interest loans as Loan Program incentive to businesses who would locate and create jobs in the City of Columbia Heights. City-wide. #130 Labelle Pond Study $20,000 7 Study to determine cause and solution for odor and other problems at Labelle Pond. north of 40th Street and East of Central Avenue. #131 Public Building $42.928 5 Multiyear project to make public Accessibility parks buildings throughout the City accessible to the handicapped. #153 Housing Rehabilitation $21.511 1 Deferred forgivable loans to low income households to repair owner- occupied housing. City-wide. Total Columbia Heights $150,439 () - 3 - Columbus #132 Senior Coordinator $12.000 6 Funding a position to coordinate Township Senior recreation services in the Township Senior Center on Kettle River Boulevard. 0 #153 Housing Rehabilitation $7,588 Deferred forgivable loans to low income households to repair owner- occupied housing. City-wide. Total Columbus $19,588 Township Coon Rapids #133 Economic Development $101,200 4 Loans to businesses for development or expansion that will create new jobs. City-wide. Includes payment to CRDC for administration. #134 Habitat for Humanity $10,000 The nonprofit Twin Cities Habitat for. Humanity will move a donated house to a Coon Rapids lot and rehabilitate it for purchase by a low income family. #135 Public Service Pool $15,200 6 Consolidation of grants to Northwest Suburban Kinship, Senior Companion Program, and North Suburban Consumer Advocates. #149 ARC $3,200 6 .See program description on last page. #150 RISE $10,000 3,6 .See program description on last page. Total Coon Rapids $139,600 East Bethel #136 Coon Lake $39,307 2 Continue the multiyear project of Beach/Downtown correcting conditions of slum and Redevelopment blight in the Coon Lake Beach and City Center redevelopment districts. Activities will include but not be limited to acquisition, clearance, disposition. and other appropriate assistance for new business or upgraded residential development. Total East Bethel $39,307 'J - 4 - Fridley #138 RiverView Heights Sn,848 2 Acquisition of properties in the Riverview Heights Neighborhood south of 79th Way and any necessary relocation of residents to 0 clear the floodplain. This is a multiyear project. #139 Public Service Pool $38,835 6 Grants to be made to non.profit organizations that provide services to low income persons and households. Actual agencies to be funded will be chosen at a later date. Uncommitted $1,000 Total Fridley $117,683 Ham Lake #140 Senior Transportation $20,550 6 Purchase a van to provide transportation to the Seniors in the City. #141 Meals on Wheels $1,500 6 Grant to non-profit activity to deliver one hot meal per day to homebound individuals. #150 RISE $5,000 3,6 *See program description on last page. Total Ham lake $27,050 Lino Lakes #148 Alexandra House $1,383.50 6 *See program description on last page. #150 RISE $1,383.50 3,6 *See program description on last page. #155 Surface Water $15,000 2 Acquisition of property in the Management floodplain for clearance. #156 Senior Outreach $3,800 6 Grant to ACCAP to operate a senior outreach program. #154 Senior Coordinator $5,000 6 Senior center coordinator at 1189 Main Street. Uncommitted $2,171 Total Uno Lakes $28,738 , ) '-- - 5 - . '\ '.J - 6 - = BOARD .Jf COUNTY COMMISS10NEk'; Anoka County, Minnesota EXHIBIT C DATE April n 'oe5 RESOLUTION NO. P~-42 o OFFERED BY COMMISSIONER Lonqfeld COCNTY BOARD POLICY - COMMLNITY DEVELOPMENT BLOCK GRANT PR~AM IN::OME AMEl'OlNG RESOLVTlONS 81-107 AJoV 82-53 WHEREAS. Title I of the Housing and CommlX1ity Development Act of 1974 cs amende<! provides for 0 program of CommlX1ity Development Blocle Grcnts; onol WHEREAS. tne Anoleo County Soard of Commiuioners has ~n desi9"oted os on "Urban COlX1ty" by tne Federal Housing and Urban Development Department cnd conseQUently is eligible to pcrticipote in tne Notional Comm...,ity Development Blocle Grant Program; onol WHEREAS, tne Anoko C"'-"'ty Bocrd of Commissioners has directed lne preparation of 0 plan ...,der tne Comm...,ity Development Blocle Grant Progrcm in concert with the municipalities of An~o County; and, WHEREAS, as 0 portion of said pion. m...,iclpolities cs lne sub-9rontee of Community ::)evelopment Blocle Gront funds may utilize said funds in various program forms to benefit low and moderate income persons, to aid in the pre....-enrion or elimination of slums or blight or to meet otner commUl"'lity development needs having c particular ur;ency because of tlveotto neolln ond safety; and, WHEREAS. "program income" meons gro53 income eO'ned by tne sub-grontee from tne grant supported activity such as: pr~ds from me sole of recl or ;>ersonol property, interest earned on escrow accounts., revolving rehabilitation occovnts or lump sum rehabilitation accounts, income from service fees, sale of commOOities, uscge or rental fees, loon pro:eecis frem rehabilitation or e-conomic: development loans, and interest earned on revolving .Icons atd proceedJ from speciel c:s.sessments :evied To recover tne CO$t of constrvcting 0 public worl<$ or facility to tne extent rnot suen cost WQ.1 initially pai: witn the Comm...,ity Develop~nt Block Grant f...,ds; end, WHEREAS, in occordonce witn Federal regulations, Anoko County Os rne Comm...,ity Development Block Grant recipient must receive 011 progrcm income. ,~e County then may use said funds for any eligible Community Development Siocle Grant cctivity ond tne County must expend revenues generated by program income before furlner drowdown requesU will be authorized; and, WHEREAS. payments of interest ond principal due on economic deveiopme~t loons To private industry, whic:h Qre made TO Q revolving loan Qc:count wnjc~ .....as cpproved os 0 C.D.C.S. grant to 0 Stote-<:ertified local development corporction are not considered by HUD to be "program income": NOW. THEREFORE. BE IT RESOLVED tnct tne Anoleo County Soard of Commissioners does neteOY eSlablisn as 0 moller of palicy that: I) All income frcm CDBC-fvnded activities whicn meets tne cbove definition of program income. sholl be promptly forwarded to Anoleo County. 2) Eocn LDC wnicn nos 0 CDBC revolving loon account for economic deve/opme"t will reTain loon repayments within the account for continued use for economic: development cnd tnot Ine County or tne city will execute cn ogr~ent witn tne LDC wnicn will include: a) Pranibition of conflict of interest as provided in HUD Regulation 24CFR Part 570.&11. b) Compiionce witn Title VI of tne Civil Rignts Act of 1%4. Requirement for tne LDC to submit quarterly ,eporu to tne Anoleo County Community Development DirecTor regarding tne use and resulTS of expenditure of funCs from tne revolving loon account for so lone; os Ano~o County remains en entitlement c:ounty. cl d) Any other provisions required by State or Federollcw or regulation. <-J RE.SOl..\JTION 1!lS-42 (~o"""""d) p O<}~ 2 o 3) Anoka Counly ...ill eslablis~ as of May I. "85. 0 revolv;"" loon ac<:<>"". for deposit of 011 economic de~lopment loon paymenlS reeei.....d by Anol<o Coun.y. BE ~r FURTHER R~SOLve:D lhat, all prClQram ireame received by Anoka Counly ~rom ocllv.loes f.....ded '1'1 10101 or porI from 0 m.....icipalily'S CDBC projecl will Increase fhot community's budQet for eli9ible CDeC oclivi lies and sholl tnerefore be available 10 Ihe communily for fulure expendilure pursuei'll 10 Ihe Joinl Cooperal'on Aqreement in effect at Ihe time of expenditure. YES NO Dis trict II I - Hoes District 112 - Burman District /13 - Lo""feld District 114 - Kordio~ District liS - Cenoiko Districl 116 - McCarron District 117 - Erhart x X X X X X X Hoes 8 urman Lo""feld Kordiok Cenoiko McCarron Erhart S 10le of Minne<o.o ) SS County of Anoico ) I. John "Joy" Mclinden, County Administrator. Anol<a CO.....ly. Minnesola. hereby certi fy Ihot I hove compared Ihe foreqoin9 cooy of Ihe resolulion of Ihe Coun.y Soord of soid County wilh the ori9inol record Ihereof on file in Ihe Adminis.ralion Office, Anoko Counly. Minnesota. os staled in Ihe minules of Ihe proceedinqs of said 5o0rd 01 o meetin9 duly held on April 23. 1985. and Ihot the some is 0 lrue and COlfec' cooy of said ori9inol record and of Ihe whole lhereof, ond mot soid resolution wos ouly passed by soid Boord at soio meelin9. Wiln",s my hond and seol Ihis 23rd day of April. 1985. ~t1... ~(?.& ,I ,"'iN ;;: y",kcLIN ::N caul\;. ADMiNISTRA Tar, .~ - Q'-'~'U.. ..Jr '-'-'\oJn I I ...."""IT\I'T\I;):>II..INtK;) Anoka County, Minnesota EXHIBIT 0 DATF. r ebrvoror 21. "8S RESOttJ110N :--;0. .~-n OFFERED BY COMMISSIONER Lanqfeld o T111lfl.. Y E~ OF c.D.B.G. F1..t-OS WI-EREAS, Anoka Counly is on Enlitlement Coun,.y and lherefore receives ont'lJOl Community D~eloomenl eloc:~ Cronl (CDBC) OIlOC:Olions fran Il'Ie U.S. DeQcrtment of Housinq and Urt>on D~elooment; and, Wl-EREAS. II'I~ Anol<o County eocrd of Commissionen mO<es Ihese CDBC funds avoilcble to municipalities in Anoko County for eliqibl~ projects; and, Wl-EREAS, Anol<a County, os Ihe qronlee, is responsible for Ihe .imely expenditure of CDBC funds; ond, WI-€REAS, Anol<o Counly's ~rformonce is meC1Jred in part by sucl'l limely p~rformonce; end, WI-€REAS, Anol<a Counly may be subject to HUO fiscal sonclions for fcilure 10 ex~d CDBC funds wilhin a reasonable period of lim~: NOW, TI-€REFORE, eE IT RESOLVED Ihot the Ar.oI<o Counly 60ard of Commissioners odopls Il'Ie followinq Policy Reqardinq Schedule for Ex~ndilure of Community Oeve1ooment eloc:k Cronl runds by Anol<o Counly Subqranlees: POLICY REGARDING SCI-EDULE FOR E~NDITURE OF COMMI..,NITY DEVELOPMENT eLOCK CRANT FUNDS e Y ANOKA COUNTY SLeCRANTEES Community D~elooment elock Grant F.....ds will be reserved for eliqible budQete<:l suOqrontee activities for up to 18 months after notice of ovoilooility of suCh funds for expenditvre. If a community' fails to expend CDBG project funds within thaI .ime limit, the Anol<o County Bocrd of Commissioners will witherow Ihe olloc:olion for 11'101 project. In order Ihot communities may hove adequate notice of the impendinq will'l~owol, County CDBC stoff will notify IhO$e communities which hove nol commilleQ CiJ6G project funds within 12 monlhs offer the start of Ihe appliCable CD6G program yeO! of thot condition. Such nolice will enable those communities 10 re-evoluole projects and 10 prO<}ram Ihe funds if necessary. Those communities which ore in viololion of Ihe 18 monlh rule 01 Il'Ie lime of cQoo.ion of Il'Iis policy will be qiven six montl'ls from the dale of the County 600r~ P.esolu.ion referencinq Ihis policy, to expend Il'Ieir CD6G project funds. AI Il'Ie enQ of 'ne six month ~riod, the funds will be suejecllo wilhdrowol. The Anol<a Counly Board may on on individual case basis, elecl 10 waive :he 18 mon.1'I rule if the eoord snould determin.e 11'101 the project delay is coused by forces outside Ihe control of Ihe communily and that project complelion is fecsible wirl'lin 0 re<l5OnOOle omounl of time. ... Funds which revert 10 Anol<o County sholl be realloc:oled at Ihe discretion of tne County Board .to either other projects $ubmilfed by communities or 10 Counry.w;de octivilies. Any community bcsed groups or other subgrontees of communities musl be notified of this palicy when they ore considered for CDBG fundi"9- ~J ~\JTION I8S-n (Conl,,,,",dl YES NO Dis Irict , I . Haas X Haas District 12 . eurmon X eurmon District 13 -lanqfeld X Lanqfeld ~) District '4 . Kordiok X Kordiol< Dis trict IS . Cenoiko X Cenoiko District 16 . McCarron X McCarron District 17 . Erhert X Emert Slale of Minneoota ) SS County of Anoko ) I, John "Jay" McLinden, County Adminislrolor, Anol<o Counly, Minneoola. l'Ie'eby certify Ih.:lt I hove compered tl'le foreqoinq COOy of Ihe re>o:>lulion of lI1e County 600rd of said County with the originaJ record thereof on file in fhe AdminiSTrotion Office, AnokO Counly, Minnuola, os staled in lI1e minules of lI1e prOC:~dinqs of soid 600rd 01 o meetinq duly held on Februory 21, 1985, and II'I0t Il'Ie some i. o.rue and correal copy of SOld ori9inal record and of the whole thereof, end 1I10t soid resolurion was duly passed by soid 60crd at soid meel i"9' Witness my' hond and seol Il'Iis 21 st day of F ebruory, 1985. ~i;1~rf.~ OI..,NT ADMINISTRATOR ,-) BOARD If COUNTY COMMISSIONERS Anoka County, Minnesota Augusl 12. "8' EXldIBIT E DATE RESOLUTION ~O. 86-70 o OFFERED BY COMMISSIONER Haas S leff~n COLNTY BOARD POLICY _ COMMLNlTY C€VELOPlJENT BLOCK GRANT PRO~AM INCOIll€ AIlI€I-<lINC RESOL\JTION 8542 WHEREAS, Title I of the Housinq ond CommunilY "evelopmenl Act of 1?74 cs . amended provides for 0 prClQrom of Community Developmenl elock GronlS; and. WHEREAS, Ihe Anol<o Counly eoord of Commissioners has been designOled os on "Urban Counly. by the Federal Housing and Urban Developmen. Deportment and consequently is eligible 10 participate in Ihe National Communily ::)evelopment alack Gront Programj and, WHEREAS, Ihe Anoko Counly eoord of Commissioners hos dire-:red 'l'Ie pre-porotio" of 0 pion under the Community Development Block Grent ?r09rom in concert with the municipalities of Anoi<a Covnry; and, WHEREAS, os a portion. of said pion, municipalities os tt'\e sub..grontee of Community Development Slack Grant funds mey utilize said funds in various program forms to benefit low and moderate income persons, to aid in the -=,revenrion or elimination of slums or ~li9"'t or to meet other community development needs hevin; Q particular urqency because of threat 10 heollh and safelY; and, WHEREAS, "i.'roqrom income" means income earned by 'he sub-grantee from the gronl supported oClivily such as: proceeds from Ihe sole of real or personal property. interest earned on escrow accounts, revolving re:h"obilitation accounts or lump sum rehabilitation accounts, income from service fees, sole of commodities, vsage or rental fees, loan proceeds from rehabilitation or economic development loans, ond interest earned on revolving 100"-$ and proceeds from special assessments leviec to recover Ihe cost of construct.inq a public works or focilily to Ihe exten"hol such cosl was initially paid with Ihe Community Developmenl elack Gran! funds; and, WHEREAS, in accordance wilh Federal regulations, Anokc Counly as 'l'Ie Community Development alock Grant recipient mu.st receive all program income, to be used for any eliqible Communily Developmenl elack Gran. oclivily -:nd 'he .:aun'y must expend revenues generated by program income before further dro......down :"e~'JeSTs will be aulhorized: NOW, THSREFORE, BE IT RSSOLVED 11'10' the Anoko Counly Boord of Commissioners does hereby establish os 0 moiler of policy thaI: I) All CDeG program income meelinq Ihe above definilion, except ;>oymec,ts ,,, :: Counly-opproved LDC revolving loon account, sholl be promp.ly forwarded to Anol<o Counly. 2) Each LDC which has 0 CDBG revolving loon cccounl for economic develooment will retain loon repayments within the occ:ount for continued use for economic development subiecl 10 011 CDeG regulalions, and thaI the County or 'l'Ie city will execute on oqreemenr with Ihe LDC whiCh will include: 0) Prohibition of conflicl of interest as provided in HUD R~qulotion 2~CF'R Parr 570.611. bl Compliance ...ilh Tille VI of Ihe Civil RighlS Act of 1%4. c) ReQuiremenl for the LDC 10 submil Quorlerly reports to the Anoko Counly Community ~evelopment Director regording the use end results of expenditure of funds from the revolving loon account for so lon9 os Anoka County remoins on entitlement county. d) Any Olher provisions reQuired by Slole or rederollow or regulOlion. Anoko Counly has eSlcblished. as of May I, 1985, 0 revolvinq locn occounr f"r deposit of all economic development loon payments re:eived by Anoke County. 3) " ,j 9E IT FURTHER RESOLVED Ihot, 011 program income received by Anokc Counly from oClivities funded in tOlol or porI from 0 municipolily's C"eG project will increase thaI communily's budget for eligible CD9G activities and sholl tnerefore .:e available to the community io'" future expenditure ~vrsucnt to f~e Joint Coop~rorlon Aqreemenl in effect 01 the ,jr.1e of expendjture. RESOLI.lTION I~70 P O<Je 2 YES NO DistricllI . Haas Sletten X Haas S t~tren C) DiSfricl 12 . eurmon X eurmon DiSfricl #3 - Lonqfeld Absent Lonqfeld DistriCI #4 . Kordiok X KordiOI< District liS . Cenoiko X Cenoiko DiSfricl 116 - McCarron X McCarron Dislricl D7 - Erhorr X E rhorr Slate of Mirnesota )SS County of Anoka ) I, John "Jey" McLinden, County Adminisfrator, Ancl<c County, Minnesota, hereby certify '1'1011 hove compared Ihe foreqoinq copy of the resolulion of the Coun.y coord of said County with 'ne original record thereof on file in the Administration 0 rrice, Anoka County, Minnesota, as stoted in the minutes of the proceedings of said aoard at o meelinq duly held on Auqusl 12. 1986, and thaI Ihe some is 0 true and correCI copy of said oriqinol record and of the whole Ihereof, ond Ihot said resolution was duly passed by said eoord 01 said meelinq. Witness my hand and seal Ihis 1211'1 day of AuquSl, 1986. ~# ~/J: HN "J " ~~L N OUNTY ADMINISTRA TOR " I I' i: :~ !; " I. I, i ~ I I , , i I I I I EXHIBIT F CERTIFICt.. TION o The Undersigned, on behalf of the Agen:::y, ce:1ifies, to the best of his or .her knowledge anc belief, that: (1) No Federal apj:lropriated funds have been paid or will be paid, by or on behalf of the undersignet:, to any person for influencing or attemj:lting to influence an officer or employee of any agen:::y, a Member of Congress, an officer or employee of Congress, or an emj:lloyee of a Member 01 Congress in connection with the awarding of any Federal contract, the makin:: of any Federal grant, the making of any Federal loan, the entering into of a:1Y cooperativ; agreement, and Ihe extension, continuation, renewal, amendment, or mOdilicatjon of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid 10 any person for influencing or at1empting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a r....,ember of Congress jn connection wilh this Federal contract, grant, loan, or cooperative agreement, t:.e undersigned shall complete and submit Standard Form -LL.L, "Disclosure ForiTl to Repo" Lobbying,. in accordance with jts instructions. (3) Tne undersigned. shall require that the language of this certification be i.'lc!uded in the award documents for all subawards at all tiers (::-:cluding subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall cer:ity and disclose a::cordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1332, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penal!]' of not less than 510,000 and not more than 5100,000 for each such failure. AGE:NCY Sy: By: I:s: Its: Date: . Date: ~J /;~'i".'CC"""~.<""",\ it '\ 0\ ) '''>. ,t,f ,-...,,," CITY OF ANDOVER REQUEST FOR COUNCIL ACfION DATE July 2, 1991 Engineering AP'FflO~FOR AG,E~D~ ~~ BY: AGENDA SEC1ION . NO. Sta f, Comm~ttee, Commission ORIGINATING DEPARTMENT ITEM Approve Letter/ NO. /3. WOE Site BY: James E. Schrantz J The City Council is requested to discuss and make changes necessary to approve the attached letter for distribution to any potential property owners who have questions regarding the status of the WOE Landfill. The attached draft was prepared by Bill Hawkins. The staff doesn't know what we should be telling potential buyers when they have questions because the City Council hasn't taken a position. The attached letter from MPCA dated 2/12/91 was given to the developers of land affected by the WOE Landfill. I don't believe methane gas has been found outside the landfill to date. "--, MOTION BY TO COUNCIL ACTION SECOND BY .' "- o '- ) Dear Resident: The purpose of this letter is to provide you with the informa- tion that the City of Andover has concerning the Waste Disposal Engineering Landfill site located north of Bunker Lake Boulevard and west of Hanson Boulevard within the City. The Environmental Protection Agency of the united States Government and the Minnesota Pollution Control Agency have conducted extensive testing of this site. It is their opinion that there may be a potential health hazard as a result of the placement of garbage and landfill material in this site. The City has undertaken no independent studies and is unable to confirm the validity of these governmental agencies' claims. To date no pollution has been detected outside the boundaries of the landfill site as a result of monitoring wells installed in the vicinity. Nevertheless the EPA and MPC are requesting that the City impose well restrictions and building standards for homes within a specified area of the landfill. This area is approximately 500 feet from the edge of the landfill. To date the City has not adopted such regulations but may consider same in the future. Any further questions concerning this matter may be directed to the Andover City Engineer~~ s~ ... Sincerely, CITY OF ANDOVER .., EMi~~cjJ~'- ' lIution Control Agency ,_ 520 Larayd' " d, .Saint Paul, Minnesota 55155-3898 r E 8 1 :3 1991" I phone (612) 296-6300 ~- CITY OF ANDOVER \ ''-.J February 12, 1991 -Z/13/11 EN~ I RDN rn~NTkl- 10 DD 'SrtJtrtf K.t!N o'Q1€L '/0 e,C. 'Z./J9/1/ Chm ((}It J u.- CJ.h~le. Mr. Jim Schrantz City Administrator City of Andover 1685 Crosstown Boulevard Andover r Minnesota 55303 Cear Mr. Schrantz: During our visit to your office on Friday, January 25, 1991, you ~-equested a letter stating the actions M:! expect the city of Andover to take regarding ordinanCes restricting developll:mt aronnd the Waste Disposal Engineering (WOE) Site. Attached please find a letter dated June 6, 1989 r to Mayor Elling fran Rod ~.assey, Division Director, requesting the Andover City Council to take action. Also attached is a letter dated May 18, 1989, to Mr. Dan Waloga, HUD, fran Rod Massey stating the sane Minnesota Pollution Control Agency position. As stated in the attached letters, the city of Andover should pass an ordinanCe restricting the building of arr:l structures within 200 feet of the tee of the wuE landfill. In addition, an ordinance should l:e passed requiring structures within 500 feet of the tee of the WOE landfill to install gas detection and/or gas control systems. As M:! discussed in your office, these rreasures are rreant to provide for those residents of Andover living in the vicinity of the WOE landfill a nargin of safety fr:om the dangers of migrating landfill gases. The accumulation of methane gas in a hare can result in a disaster which can l:e avoided with the passage of the above ordinances and their strict enforcement. Action by the city of Andover is warranted and should l:e initiated at the earliest possible date. If M:! can l:e of any assistance in this matter, please contact me at (612) 296-7746. I I '"'~\ ,_,: ,'~: ;::,:-c~;>-::O: tV..,I"",I- . V_ ~J;~_C;-7 V f'! :.-. '- . .....---- ____.:.----- ~ " 1. . ' ..!_;.'...':._.-....~ ---- ~1'.:".':, -;;; ~ 7 T :.-. ---L' - .....- ~ ~.c...{;.~ --- Sincerely, CJ3;:Z~~ Dale J, Trippler Project Manager Responsible Party Unit II Site Response Section Ground Water and Solid Waste Division " '\ '-J NT: jlm - Enclosures Regional Offices: Duluth' Brainerd. Detroit Lakes' Marshall' Rochester Equal Opportunity Employer . Printed on Recycled Paper ::.~ 520-Lajayette.Road, Saint Paul, Minnesota 55155 . .:.:--..;.J_elephone (612) 296-6300 . \:/..~ C)~ ~ M!nnesot2. p~ !!~~:~~ vf:: - . June 6, 1989 'nle Honorable Jim Elling;. MayOr an:i City Ccun::il ~rs Citv of. Andover 1685 Crosstcwn Eoulevard ,Andover, Minnesota 55303.. . . eear 11;l.yor Elling and. City Council ~: -. '. ..... . - . -...... ' RE: WaS"...e DisfOsal Engi.neo...ring This letter is to fo:crally request that the. Andover"City 'Council ccnside'- taking . ac--ion that ~d reguL.-e.that..all buildings (residential.a.nd c:crmer:c;;>1) ~thin. the vicinity of the Waste Disp::sal Engi.nee""ing' ('WOE) Site :.ir:clude'rretha.!"P- gas . . . det-""CCion d-ovices andIor.te const:::Uc-..e::i~in a rranne.--to-J:e. able to-cont:-:Jl."' .....:-.- methane gas levels.. by. using-venting'.Qevices or. sttUctw:ar'b:u:::ie....rs...:. ;:,-:'::-.::-:7::: ; ,-.:.::':':..-', ._ -;--_ ~..s s::ated in the enclosed letter-tO 11r:. Dari"Walooa of the u.s. -r::ecartrrent of. . . I-'.ousing an:i Uri:cn Cevelcptent., it is the positidt of the Minnesota Pollution eonc::ol A!::J2n='I (MFG\..) and. U.S. Envirorurental Protec--i.on.;'.go..P.::'f (EPA) s-...affs that' no so:uc=ures, including gcrag"-5 and. any ot:ho..r buildings r sh::uld be ccns-...:::uc-..ed within 200 feet of ....c.ste rratorial at the \oi"DE Site.. This 200 foot. "set. bac.'<:" is necessaxy to provide an adequate di;s-...a.nce primarily.-ro nonitor: the migration of:. la.r<i" ; 11. gas. ... '!he -re:redia.l action sele:::t.e:i bv t:.he MFG\..' and EPA s'"...a.:ffs for t:1.e i-<1JE Site wj 11 include the ope-..-ation of a landfill gas nonitoring and. cont...--ol syste:n. The landfill ~ cont:=ol system.will contrOl the.-levels and.. flew of landfill .gas. within the 2tlO foot: "set back"- dist:an::e to 25 pe....~ent of..the r..a,.;er ExDlosive .. . - - Limit for rre+-...he.ne.:.'It is the MFC..;;,and. EPA str";:f/s.position:that.the design,. .-:-::: cons---=uct.ion end rrainten.ance oL~the lar><1fi11 aas.' control ,svste:n':is the. :.;_:.- :'. .:-~ .,...:-.. responsibility of those.~-i.es:'responsible .f;r-the contamlnation at-the \oi"DE.... .-- Site. / ...... . . . ....:~:... .:J 'The MPCA and EPA st".'1ffs are recamending that the Andover Cit'j CounCil cons ide!: requiring that cityoI:d.inances for st...""ilct.UI:"'-5 in the vicinit'f of i-f"DE, but' outSide the 200 foot "set reck" cU.s-...a.nce, include muvisions for t.'1e ..-. ... ... i::ns-...allation or gas detection and/or-gas conc....--ol, sYstems. Ee::ause t.'>1e City . CotmCil has the authority to require such provisionsr the Y.?:,.; cr:d EP.ll.. Si:;>fis l::elieve tl'<.at the Citv c...--unciris in the l:es~ oosit:..on to also de:::..d-e the a...rea. t.'1a"C should be aff~..ed bv the aas c-etec-...ion and/or aas con~-:::Jl systen . ~=-L.e..'1':..S. ~, t.~ ~. st;>"i ....-il1 b3 c:vailanle .to !:,1..~,,:..de arr: Regional Q:1ices: fJuh....'th' 8rainero . Detroit lakes' Marshall' Rochester ~Qua1 Ooocftuniry Emoiover Printed orr Recycied Paper o <J 'n1e H:m:)rable Jim Elling, ~r arxi City eoun::il ~rs Page 2 June 6, 1989 tecr.nical assi.st:Mce, if necessaryr to assist you in this decision. Finally, it is the p:lSition of the MPCA staff that the inst:al1.ation an:i costs asso::iate:l. with the residential gas det.e::""..i.on and/or gas ccnt...""Ol systems shall be the responsibility of t..'-e developer/roil~. 'The MPCA an:l. EPA staffs believe that the ccrtt.rol of landfill gas is an i.rr;:ortant env'irornental an:l. hunan health issue with res~ to the WOE Site. Your 'coope.-~tion and consideration of this I:>::<"uulIendation would be aHlreciated and helpful. If you have any questions, please contact: Kenneth Habe.IJran of ",y staff at (612)296-7399. ~~s1 p11J G:round Water and Solid Waste Division -- Rlli:ajr EnclcSll....-e ~: Eob Hutchinson, Anoka County EnvL""Ornental Ser"rices l-lzrcia Ku1l, Eo,.a:ran & Ercoke Da11 Walcga, U.S. eepartrre..'1t of Housing and UI:bcn Ceveloprent Fred Bartm:m, U.S. Envi...""Omental PI:otection Aqercy " <. ,/ o ~ Minnesota Pollution Control Agency G~~ 520 Lafayette Road, Saint Paul, Minnesota 55155 O~~V Telephone (612) 296-6300 ).(INN 19'10 May 18, 1989 Mr. Dan Waloga U. S. cepartrrent of Housing and Urban Ceveloprent 220 South 2nd. St..~t Minneapolis, Minnesota 55401 !:ear Mr. Waloga: RE: Waste Di.sp:lsal Engi.neo....ring Site, Andoverr Minnesota ,~ As you requested at an April 13, 1989, rreeting, the PJIPOse of this letter is to provide the l-f..innesota Pollution Cont....'"Ol J..qercf's (MP:A) sUitf position regarding the "set back" distance r:et:w'e<>-l1 the Waste Di.sp:Jsal Engi..neo....ring (\-IDE) Site and any developrent adjacent to ~TIE. It is the MPC..~ sUitf' s position that no st..ructu..-res, including gaz:ages and. any other buildings, should r:e ccnst....ructed within 200 feet of .....c..ste I1Bterial at the ~TIE Site" U" S" Env:i.J:onrental protec-...i.on J...gency (EP.~) s-...aff concurs with this position. In gena.....u, the d€canposition of mixed municip:ti solid waste produces gases. Of these gases, rrethane gas l.=...,_ues the dc:rni.nant car;xment when decanposition c:ccw::s in the absence of oxygen; ho;.;ever, volatile organic c:crn;xronds have also J:eo-l1 detected. in gas samples collec""-.ed at ~TIE. Methane gas is ex;Jlosive and I1BY' present l:oth a public health and safet"f concem as ;.;ell as an envi.J:onmental concern. The 200 fcot "set back" distance Will provide a distance for the installation of gas rronitoring points and the ins""...al.lation and op:ration of a lar<ifi 11 gas collec""...i.on and ventilation system. In addition; MPC.r.. s-..aff will recCI!I1'eIld to the city of Andover that hares in the vicinity of the \-ITIE Site, but outside the 200 fcot "set back" distance, l:e equipp:d with a landfill gas detection system and/or l:e const-rutted in a m:mner to l::e able to control gas levels (using venting devices or st.."'1.lctural bal:riers) " The MPCA dces not have authority to require the developers, builders, or cwners to install landfill gas rronitoring or cont...."'"Ol equiprent. The MPC..;' staff l:elieves the city of And.over.'has the authOrity and the rrechanlsm (by including provisions in the city ordinances) to require residential gas rronitoring and/or cono:ol syste:ns. As discussed. during the April 13, 1989, rreeting iirvolving MFCA staff and U.S. eepart:ment of Housing and Urban Cevelc;,:rrent (HUD) repI:"'...sentatives, the reredial actions for tf..e \-IDE Site will include the q:erations of a landfill gas rronitoring and ventilation system. The MPC..\ s't"cff r:elieves that this system, in canbination wit..'1 t.';e 200 fcot c::rr.pliance zone and reside.'1tial c.etec::ion cr.d/or Regional Offices: Duluth' Brainerd' Detroit Lakes' Marshall. Rochester E~ual Opportunity Emoloyer Printed on Recycled Papar o l".r. Dan walcga Paqe 2 May 18, 1989 com:....'""'Ol syst:an5 will pI.'O'.ride adequate proteC""...ion for pililic health and the err,."UUUleILt" ~, at this ti.rre, the HPCA staff cannot provide full a!:surance that lardfill gas b:cm the WOE Site will rot travel l::eyond the 200 foot distan::e. 'Ihis is tecause t.he-re are many factors (Le., age, size and depth of lardfill, t:yp= of soils, cap arrl gas ventilation syst6ll) that influence landfill cas miaration ard tecause the raredial acdons have not. camenced. Once the ':;"'DE cap ard landfill gas m:mitoring and cont...'""'Ol system are in place, the HFC~ staff l:elieves there will l:e sufficient infonnaticn to provide a rrore accurate pict;Ure of the existing ard potential gas migration at the y,lJE Site" If you have any questions, please contact Kenneth Hal::;el:man of my staff at (612)296-7399. L~,~.:~ DirectOr fI G:round Water and Solid Waste Division RE2-f./KMH: a j r cc: The Honorable Jim Ellingr 1".ayor, Cit'j of Andover Gerald windschitl Bill Skalle-..-udr LeFereJ:e, Lefler, Kennedy, O'Brien and DrawZ Fred Eart:man, U. S. Envi.r:omental PJ:ot.eC""...ion Aq='J'C'f Eob Hutchinson, ArJQka County Envi.r:onrrental Services Ron Roth, Wasteco MargaJ:E!t coughlin, Ford M:ltor CCIl'f2!IY Richard 1".a-T"Chekr UNISYS Con:oration earl Meier, HoneY.,;ell, Inc.- 1'l.arcia Kull, ~ & BI:COke / . '\ ,~j '('~{'."'".,.'''''''''';''' ,4/ \~~ O iI. II ;\~,i -,~'o: .,;T ~~.~~'~" CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE July 2, AGENDA SECllON NO. S ta f, Commi t tee Commission ORIGINATING DEPARTMENT ~J.M Purchase Trailer/ /'1. Public Works Public Works Frank Stone ~ Superintendent ( ~ BY: The trailer we have been using for our 1-ton roller has come down with a bad case of metal fatigue. It was made out of an old truck front end. The axle is now bad and the metal in the rims is starting to crack. To repair this trailer would just about cost as much as it does to purchase a new one. We have priced some trailers and Tailwind Trailers West of Anoka can build the city a trailer at a cost of not more than $1,500.00. They will give us a three week delivery, if not sooner. Mr. Koolick advises that the money could come from the PIR Fund if approved by Council. COUNCIL ACTION MOTION BY TO SECOND BY ~I ~ r./"-TAfiWiNi5-fiIAiLERs~~ JJWe're behind you all the way" 9784 Highway 10 Elk River, MN 55330 (612) 421-2247 · (612) 462-2326 ---, """"- ~~ t/~,c,e_.",) /J (. . i~' ,"~.~" il - '''.';~,~~,~~':A'iF,Iji-41 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE July 2, 1991 ITEM NO. _ /0" 1992 Budget Discussion ORIGINATING DEPARTMENT Finance Howard D. I<oolick..o<- Finance Director BY: APPROV~. FOR AGENDA ') ['i--'I BY:1 ) AGENDA SECTION NQ Staff, Committee Comm. REQUEST The Andover City Council is requested to provide direction regarding the preparation of the 1992 budget. The City Council is also requested to set a budget calendar. BACKGROUND The tax bill recently passed by the state of Minnesota will have a significant impact on the City's 1992 budget. The following is a summary of the more significant aspects of the bill. 1. Local government aid will be cut by a total of 4.0% of our revenue base. This cut, part of which was adopted in the 1990 session, totals approximately $67,000. 2. Levy limit base (levy limit plus aid) is frozen at 1991 level. This allows the City to levy for the aid reductions scheduled in 1992. 3. The inflation and growth factors have been removed from the levy limit base. 4. The state will begin licensing residential building contractors, remodelers and specialty contractors. Currently the City licenses contractors, producing approximately $11,000 of revenue. The City may not lose all of this revenue source, but will lose a large portion of it. In addition to the effects of the tax bill, the City should not expect large increases in building related revenues. Further, the amount available from the administrative trust fund will decrease by approximately $35,000. still further, interest earnings will most likely be lower than previous years due lower rates and less cash to invest. COUNCIL ACTION MOTION BY '-.... TO SECOND BY o The bottom line seems to be that there will be virtually no growth in the budget. Considering inflation, the potential cost of implementing comparable worth, and the two new fire stations, either new revenue sources will need to be found or services reduced. ITEMS FOR COUNCIL CONSIDERATION Several items which the City Council may wish to discuss would be: 1. Is the City Council willing to raise fees for permits and licenses, and if so, to what level should they be raised? 2. Is the City Council willing to raise taxes to make up the aid reductions scheduled for 1992? 3. What new revenue sources might the City Council consider? (Transfers from other funds, allocating costs to other funds, charging for services currently performed at no cost, etc.) 4. What areas (Street Maintenance, Parks and Recreation, etc.) are considered priorities by the City Council? 5. Any other items which the City Council may feel is helpful to the staff. While the City Council is not being asked to make concrete decisions, providing this direction will provide the department heads with an idea of the framework with which to prepare the budget and provide the finance director with a feeling on what sort of budget the City Council will accept. SETTING BUDGET CALENDAR The City Council is requested to adopt a budget calendar. Under the truth in taxation laws, the City is required to adopt a preliminary tax levy and budget prior to September 1st. In order to have adequate time to prepare and review the budget, a calendar should be set specifying dates and setting any meetings needed. Based on the process used in past years, I would recommend the following: June 20th - Budget forms and instructions distributed to department heads July 1-5 - Revenue projections completed by Finance Director July 9th - Budget forms due to Finance Department o u r-~ '-.'/ July 9-12 - Budget forms reviewed for content and accuracy July 23rd - Budgets and naratives distributed to City Council and department heads July 30th - First City Council meeting to discuss budget. This is a special meeting which would need to be scheduled. Aug. 7th - Amended budgets distributed to City Council and, if necessary, further discussion is scheduled at a special meeting. Between Aug 7-16 - Special meeting(s) is(are) held if needed to complete review of the budget. Before Aug. 28th City Council passes budget and tax levy resolutions, CITY COUNCIL OPTIONS 1. Adopt calendar as proposed and schedule a special meeting for July 30th to discuss the budget. 2. Amend the calendar and schedule any meetings necessary. 3. Postpone setting a budget calendar until later this summer. 4. Other options as determined by City Council. o ".,.!.>~';ii"i"'""'~";,,,," ,{\ ~l ~ 'r~~~ ~l ',. .1 '~" C!!f~"1f ~~~~T!"- CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE July 2, 1991 ITEM NO'1 lip, Fire Bond Budget Fire Department Bob peach.bf APPROVED FOR AGEV~ Bi I AGENDA SECJLON . NQ Staff, Commlttee, Comm ORIGINATING DEPARTMENT BY: The attached budget outlines how the Fire Bond money is being allocated. Some items are already paid for. Some are partially paid. Some are not ordered yet. We are requesting that this budget be approved s that the Fire Department can begin ordering equipment listed with the following restrictions: 1. Items listed with asterisks will not be ordered until the building is complete and budget balance is reviewed. 2. Items listed with a double asterisk are change orders which will be rejected. The Fire Department had requested these changes to determine costs and feels these items are not cost justified. 3. Items exceeding $15,000 will be ordered through the sealed bid process, including separate Council approval. 4. No items ordered will exceed budget amount without specific Council approval. Because administrative and legal costs are difficult to determine and change orders are unpredictable, this proposal leaves approximately $100,000 to cover such contingencies while still allowing the Council as complete an overview as possible fo the total Fire Department plan. The Council will receive updated information as it becomes available. COUNCIL ACTION MOTION BY '-- TO SECOND BY /- JUNE 26 1991 ~IRE DEPT. BOND BUDGET 3UILDING COSTS o BONESTROO CONTRACT TESTING,SOILS CONCRETE BONESTROO INSPECTIONS MAERTENS BRENNY LAND STATION#2 LAND STATIoN#3 SAC/WAC ADMIN 100100 2176 24000 1037391 45500 25000 26200 CHANGE ORDER HYDRANT BURNISHED BLOCK CoMPACTION/STA#2 RAKE .Jo I NTS LOW E GLASS WINCH PVC IN LIEU OF CAST PIPE QUARRY TILE ON SIDEWALK CLOSET QUARTZITE FLOORING CLOSET SHELVING ELECTRICAL OUTLETS DRINKING FOUNTAIN PUSHBUTTON SWITCHES WOOD PANEL WAINSCOT DISHWASHER MAGLoCK DOORS SUB TOTAL CHANGE ORDERS TOTAL BUILDING COSTS 6850 21622 332 1992 649 9163** -800 4246 2641 19033 222 199 2191** 2547** 4393 714 2915 BOND COSTS ALDRICH STUDY BONNESTRoo REPORT PRE-ELECTION COSTS BOND COORDINATOR BOND DISCOUNT BOND INTEREST TO CITY BOND SALE 4850 1755 2800 14710 25000 14602 15000 LEGAL COSTS BOUNDARY SURVEY STATION 1 LAND ACQUISITION STATION 2 BOND CONSULTING OTHER TOTAL BOND & LEGAL 1000 4621 12000 1200 FURNITURE 5 WALL BEDS 8 BED LINNEN 5 RECLINER 1 SOFA 3 END TABLES 4 BAR STOOLS 6 TRASH 30GAL 24 TRASH 10GAL .:J 47 WINDOW BLINDS 1 MOVIE SCREEN 75 STACK CHAIF.:S 2~~:; TRAPEZOID TABLES 1 VIDEO CABINET 4 MARKER BOARD 2X3 1 COF.:K BOAF.:D 4X8 1 CORK BOARD 4X6 "... ,.~- "'. ,-. ',-, 10000* 800* 2000* 600* 300* 360* 120 720 3000 450 12150 2500 300* 120 130 85 78909 1339276 97538 100 10 o APPLIANCES 'STATION EQUIP 1 TRUCKS / '\ TR,~/ EQUIP '>...I"-Jl "'. -.. -', " ,_ -_~ ~ ~1 HANGAR WALL RACK HANGAR ,METAL RUGS,3X5 KEY CONTROL CABINET CHIEF DESK ADMIN DESK DESK CHAIR FILING CABINET STORAGE CABINET 24X36X72 DOUBLE TIER LOCKER TOTAL FURN ITURE 90 135 200 95* 600 1600 850 875 1900* 250* ,.., L. 1 4 J;.- .-' C" .-' 10 6 40350 1 TOSHIBA 46" TV .]VC 20 II TV .JVC 660 V.C.R. RCA 415 CAMCORDER VACUUM COMMERCIAL WASHING MACHINE COMMERCIAL DRIER COMMERCIAL R.O. WATER PURIFIER COFFEE MAKER BUNN LG COFFEE MAKER BUNN SMALL COPIER REFER/FREEZER RANGE/OVEN M I CROl>JAVE MICROWAVE MISC. TABLE ~ KITCHEN TOTAL APPLIANCES 2300 760 700 900* 1000 1200 1200 1500* 300 100 1200* 2100 1400 300 740 1500 2 2 1 ~ ... ~ ... 2 ~ ... 1 1 1 2 ,.., ... 1 1 17200 ,.., ... C:;OMPUTER SYSTEM COMPRESSOR 5000PSI CASCADE SYS IRRIGATION LAWN SYS. HEALTH EXERCISE EQUIP TURNOUT RACKS STORAGE SHELVING COMPRESSOR 90PSI RADIO BASE STATION INSTALL RADIO EQUIP TELEPHONE SYSTEM FACSIMILE MACHINE STATION MAINTENANCE WINCH,HOSE TOWER TOTAL STATION EQUIP 4000 20000 6676 8700 7500* 7000 2500* 1000 6904 5000 10000 1400* 2000 2000 2 2 3 C"C" ._1._1 ~C" ..:.,--' ,.., ... 2 ,.., L. 2 1 2 ,.., ... 84680 1 E2 PUMPER #E6580 1 L5 AERIAL #E6581 1 T8 TANKER #1489 1 T9 TANKER #1488 2 G2 G3 GRASS #SK521 #SK522 BID ADMIN COSTS 2 GENERATOR SETS 1 DISCOUNT TOTAL TRUCKS 201575 324994 94023 91187 67382 916 9600 -7500 782177 2 RADIO E2,L5 3 RADIO G2,G3,T8 2 PORTABLE RADIO 3 CLASS A FOAM PUMP 15 PAGERS 20 DRAEGER AIR PACKS 4.5K 5350 5535 1828 10000* 8160 43300 2 2 2 3 4 6 :J 4 4 4 2 2 2 4 1 1 4 2 4 4 6 12 ~ "' .., "- ~ "' 4 1 1 HOSE/ADAPTOR 44 40 '~_J DRYWALL HOOK 6" D HANDLE MTG. PIKE POLE 8' FBRGLS MTG. PIKE POLE 10'FBRGLS MTG. ATTIC LADDER 8' 2 SPANNER WRENCH MTG. 2 SPANNER & HYDRANT MTG. 4 STORZ WRENCH MTG. 15# C02 EXTINGUISHER MTG. 20# ABC EXTINGUISHER MTG. 2.5G PRESS WATER EXT MTG. LAMP,120V 50' CORD 10/3wG RUBR 100' EXT CORD 10GA 4GANG RUBR 500W PORT FLOOD w/PIGTAIL HEAT SCANNER K-TOOL LOCK BREAKER 36" BOLT CUTTER RAM/PRY BAR PICK AXE wCOVER MTG. FLAT HEAD MTG. PULASKI AXE MOWER RAKE 36"PRY BAR HALLIGAN TOOL GAS LINE CLAMP POMPIER BELT 2LG,2MED ECHO QUICK-VENT wCHAIN&SCABORD CHAIN SAW SUB TOTAL 2 50' 1 .5"D.J .HOSE 50' 2 .5"D ..J .HOSE 4.5"F/5"STORZ wDRAIN 4"S/5"S 1.5"TRI LOCK NOZZLE HOLDER 2.5" TRI-LOCK NOZZLE HOLDER 10'MAXIFLEX LONG HANDL 6" F MANIFOLD,4.5"F X5"S-2 2.5"M #MTFT-R TASKFORCE AUTONOZZLE 511SX2.51lM w'CAF' 5"SX6"F #1720P 1.5" NOZZLE #2730 2.5" NOZZLE 2.5"F X 2.511F 1.5"F Xl.5"F 2.5"M X2.511M 1.5"M Xl.5"M 2.5"F Xl.5I1M 2.5" 30'f. ELBOW 4.5"F X 4"SwBLINDCAP SIAMESE B95-A 2.5" GATE VALVE,M-F 2.5"Xl.5" GATED WYE 6" DROPTANK STRAINER SUB TOTAL HOSES TOTAL TRUCK EQUIP 8 4 2 .., ... 1 1 2 2 16 4 10 10 10 10 10 8 2 2 ~ "' .., ... ~ "' GRAND TOTAL BALANCE UNALLOCATED * ITEMS NOT TO BE PURCHASED UNTIL BLDG IS FINALIZED ** PROPOSED CHANGE ORDERS TO BLDG. WHICH CAN BE REJECTED 95 158 186 450 200 480 280 500* 280* 300* 180* 200 300 250* 150* 928* 100 300 300* 900 450 120 260 150 300 850* 600* 4300* 5400* 180 1600 80 40 800 500 593* 300 280 5280 2250 300 180 175 160 200 520 200 300 240 400 800 28361 *58136 **13901 84740 25078 110418 2471639 ,,) 'll>~i""",.".~e,.,,,,.,,,,>\ ~{- ~ \ , ~~ Ii" '-~!;,~ ~I '-~;~~~~~ DATE CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AP~O~ED FOR A<fE7D Fire Dept. ~ ~ '" Lawn Sprinkler Systems l Fi re Stations BY: Bob peach-D' BY: The Fire Department has received five quotes for the in~allation of lawn sprinkler systems at the two new stations. AGENDA SECnON , NO, Staff, CommIttee, Comm ORIGINATING DEPARTMENT ITEM NO, 11" Blue Green Lawn Sprinkler Station 1 Station 2 Total Station 1 Station 2 Total Mickman Bros. Nurseries Steve's Elk River Nurseries Station 1 Station 2 Total Station 1 Station 2 Total Station 1 Station 2 Total July 2, 1991 $ 6,650.00 4,700.00 $11,350.00 $ 4,250.00 3,433.00 $ 7,683.00 $ 5,366.00 3,561.00 $ 8,700.00 We are recommending Steve's Elk River for the following reasons: His design provided for head-to-head coverage, while Mickman's design simply allowed sprays to overlap. In consulting with Jim Mailand of BRA, he advised me that head- to-head coverage is desirable because high winds can cause areas to be missed with a simple overlap system. Steve's cost of approximately $1,000 more is clearly accounted for by the additional heads used in his plan (approximately 50 percent more coverage). MOTION BY \ '-- ) TO COUNCIL ACTION SECOND BY o Anderson's plan was of similar head-to-head design; however, the costs were much higher. Northland's plan used a full loop system which we didn't feel was justified in the cost. blue Green did not submit a plan. o """~(..,., '''''C.''''''>'''~', "'~ ,'1 ~ ;~ :~ , "'., ...1- 0', " \. I ;" 4' ""~~~..;;'i'-?' CITY OF ANDOVER REQUEST FOR COUNCIL ACTION July 2, 1991 DATE AGENDA SECTION , NO. S1:aft-, Comm~ ttee, Commission ORIGINATING DEPARTMENT Administration ITEM NO. 18. Newsletter Discussion yJ BY: Karen Tommerdahl Attached for Council review and approval is the Contract from Express Advertising & Printing for the publication of the Andover Express. Note that the contract is for a one year term as stated in Item #7.. Also note that under Item #8, the City has the right to terminate the agreement only if it is not satisfied with the quality of the newsletter according to the Contract and that the termination would be effective 60 days after notification, while Express Advertising may terminate for any reason and is not required to give advance notice of such termination. Enclosed is a copy of the proposal provided by Express Advertising & Printing dated May 2, 1991 as this is to be a part of the contract. COUNCIL ACTION MOTION BY ,~ TO SECOND BY CONTRACT FOR CITY OF ANDOVER NEWSLETTER Page 1 6/27/91 , "- V This Agreement made and entered into this 27th day of June, 1991, by and between the City of Andover, a Municipal Corporation, hereinafter referred to as "City" and Express Advertising & Printing Services at P"O" Box 362, Champlin, Minnesota 55316, hereinafter referred to as "Contractor." WITNESSETH: The Contractor has submitted a proposal to the City of Andover for the production and distribution of a monthly newsletter. The City has accepted the proposal of the Contractor. The parties wish to reduce to writing the terms and conditions regulating the production and distribution of said newsletter. Based upon the mutual considerations contained herein, the parties agree as follows: 1. Purpose of ANDOVER EXPRESS. The Andover Express is intended to provide a major resource for communication to the citizens of the City of activities within the general Andover area and to promote a positive image of the area by providing concise, timely, accurate and useful information from and about the City" 2 . Criteria a" Size" The Andover Express shall be published in a tabloid form, 11 1/2 inches by 13 1/2 inches in size, on better quality newsprint or recycled paper" Express reserves the right to increase or decrease the number of pages from issue to issue depending upon the availability of news articles provided the Contractor has acquired adequate advertising to cover their costs. b" Advertising" The Contractor may sell space to advertisers on such terms, conditions and prices as the Contractor may determine. The Contractor also has right to insert quality advertising as a separate insert. c. Content" Nonprofit and community organizations will be given an opportunity to submit articles. Each contributing organization shall be responsible for the preparation and submission in a timely fashion of articles for publication and for the proof-reading of its articles. 3. PubJ.ication Dates. The Andover Express will be published on the third Friday of each month. Deadlines and publication dates for the remainder of 1991 are as follows (a new schedule for 1992 will be available August 1, 1991): " ~j CONTRACT FOR CITY OF ANDOVER NEWSLETTER Page 2 6/27/91 <) Deadline July 10 August 7 Sept. 11 Oct" 9 Nov. 6 Dec" 11 Publication July 19 August 16 Sept" 20 Oct. 18 Nov" 15 Dec. 20 4. Distribution. The Andover Express shall be distributed by the Contractor by mailing through the U. S" mail at the Anoka Post Office. Distribution shall be made wi thin four days after the publication date" The Andover Express shall be distributed to each residential unit, including apartments, townhouses and condominiums and to each business located within the community" 5. Production. The Contractor shall be responsible for all aspects of production of the Andover Express including, but not limited to, the typesetting, layout, printing and distribution" ' 6. Payment. Cost is determined per page. For pages set-up and submitted camera-ready by the city, the cost is $75,,00 per page. Pages produced by Express will be charged at $100.00 per page" Because this amount is mainly used for postage purposes, payment must be received at time of delivery. Copies of the Express will be dropped off at the City on the date of publication, at which time we will pick- up payment. 7. Term. This contract will be in effect for one year from the date of this contract" 8. Termination. The City reserves the right to terminate this Agreement if the City, in its sole discretion, determines that the quality of the newsletter fails to meet the standards as contained in this Agreement and in the understandings reached between the parties. Termination shall be effective 60 days after the City gives notice in writing to the Contractor. The Contractor may terminate this Agreement at any time upon giving written notice to the City" " ) o :~) CONTRACT FOR CITY OF ANDOVER NEWSLETTER Page 3 6/27/91 9. Proposa~. The Contractor's proposal dated May 2, 1991, is deemed to be a part of this Contract" Any inconsistencies between the contract, and the proposal, shall be resolved in favor of the provision most favorable to the City. 10. Independent Contractor. It is understood and agreed that the Contractor is an independent contractor and is not an employee of the City or any other participating organization. As such the Contractor agrees to save and hold harmless the City and the participating organizations from any and all claims which may arise out of the Contractor's performance of this Contract" In witness whereof the parties hereto have entered into this Agreement as of the day and year first above written" EXPRESS ADVERTISING & PRINTING SERVICES CITY OF ANDOVER By Jason Engen, Publisher By Kenneth Ortell, Mayor By Karen Tommerdahl Newsletter Coordinator I~~?~ o ADVERTISING & PRINTING SERVICES P,O. Box 362. Champlin, MN 55316 422-8110 . FAX422-0413 May 2,1991 City of Andover 1586 Crosstown Sivd. Andover, MN 55304 AnN: Karen Tommerdahl Melanie DeLuca RE: Andover Express/City Ne'vVSletter Dear Karen and Melanie: After reviewing the past issues of the Andover Express with and without the "city pages", I would like to submit the follo,wing proposal. I feel that having the "official information" from the city h~s been a great asset to the Andover Express and its readers. Andover residents are now receiving more information, more often. I believe that the Andover Express is becoming the source for residents to get accurate information and quality advertising. Andover Printing closed for a few reasons, but most importantly, to focus on the fast-growing Express Ne'vVSpapers, Express Advertising & Printing Services, is now publishing the Ramsey Express, the Champlin Express (the official citylle'NSletterforChamplin), the Andover Express, and now the Coon Rapids Challenge (offjcial city newsletter for Coon Rapids). We have updated our time and deadline schedules to guarantee each paper goes out on time with accurate, timely information. We can do this now because we don't have the time restrictions of retail printing sales, from Andover Printing. After close review of our editorial policies and past issues we have developed the following new editorial policies to improve the public image and reception of our paper: ~J Editorial Policy The Andover Express is intended to provide a major resource for communication to the citizens of the City of activities within the general Andover area and to promote a positive image of the area by providing concise, timely, accurate and useful information from and about the City. Andover Express will accept, and print letters to the editor, provided they are signed, with name, address, and phone number, and providing there is space available, We reserve the right to edit letters. for length and/or clarity, The opinions expressed in letters to the editor do not necessarily reflect those of the Andover Express or the City of Andqver. The Andover Express will NOT, unless approved by the City, be termed in anyway "The Official Ne'vVSletter of the City of Andover". '., .1 . " . ,.. . We '.Viii no longer accept, write or publish political editorials. Ariy poljtical , information will be printed either in the form of unbiased intetVievvs (involving all candidates Or none) or in the form of paid advertisements (all ads will appear on the same page, and will not be connected to the .city pages. in anyway), o Political Edltorlais Deadlines . All deadlines will be set in writing, in advance of all publications. Nry changes to . deadlines rrust be submitted to the City of Andover, in writing, at least 30 days prior to change to be accepted. The City of Andover must meet their deadlines for submitting information in order to guaranty publication deadlines. If a deadline is not met by Express Advertising, the city wi II NOT be charged for that publication. Distribution Andover Express will be bulk mailed direct to all homeS in Aridover atthe expense . of Express Advertising & Printing Seivices. Aridover Express will also be mailed to , all homes and businesses on the special mailing list prOVided bytheCityof Aridover (this list can be updatE:d monthly). Copies of Aridover Express will also be ava i1able at the City Hall, Anoka County Chamber of Commerce, Arioka Area Chamber of Commerce and at businesses in the Aridover Area, Cost Cost will be determined per page. For pages set-up and submitted camera-ready by the city, the cost will be $75,00 per page. Pages produced by Express will be charged at $100.00 per page, Color, if available will be added to pages at no extra cost. Extra color if requested will be charged at $100.00 per plate (any extra color charges will be approved prior to publication). Critique The Andover Express staffwill be available at any time after each publication for any comments, criticism or ideas the City may have. Thank you very much for your time and consideration, if yOu have any further questions or concerns please feel free to call melllook fOlWard to a long lasting relationship between the City of Andover and the Aridover Expressl Sincerely, rJac~~ Jason Engen . '~J ...>~i<""""'.~C""""",'C" tfP" ,~ d ~'i :' "" l. } U ~ , '"'\;_ #'1 '~~i"">~~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE July 2, 1991 AGENDA SECTION NO. ORIGINATING DEPARTMENT Planning ~ David L. Carlberg BY: Ci ty Planner APPROV~OR AGCD~ BY: I ) Non-Discussion Items ~J.M Resolution Setting /9. Fee - False Alarm REQUEST The Andover City Council is requested to set a fee by resolution for those alarm users who violate Section 2 of Ordinance No. 96, the Home and Business Alarm Ordinance. The fee shall be $75.00 for three (3) violations or more. COSTS Fee Notice Letters (Includes staff time) $32 Police (Includes response and reporting time) $35 Miscellaneous Costs Incurred $8 ~ TOTAL Note: The first two (2) false alarm calls are not charged to the property owner. The City incurs a cost of $70.00 for police response and reporting. Attached for Council review and approval is a Resolution setting the fee amount. '--../ MOTION BY TO COUNCIL ACTION SECOND BY / '- o / '\ '-~ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. - 91 A RESOLUTION SETTING A FEE FOR ALARM USERS VIOLATING ORDINANCE NO. 96, SECTION 2. The City Council of the City of Andover hereby ordains: The following fee is hereby established for the year 1991 !ype of Fee Alarm Violation Fee Ordinance 96 Fee $7~O Adopted by the City Council of the City of Andover this 2nd day of July, 1991. City of Andover ATTEST: Kenneth D. Orttel - Mayor Victoria Volk - City Clerk il~"'.- '---'-'.'~""'--\"\ !1~ Ii} . '\ \" 1 U"~ P ~'~'!lo;~'i~~-'o1 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE July 2, 1991 Non-Discussion Items Engineering APPRO~. FOR AGE D \ B/ AGENDA SECTION NO. ORIGINATING DEPARTMENT ITEM Award Bid/91-1/ NO..., ,<0. Crosstown Drive -'\~~ BY: Todd J. Haas The City Council is requested to approve the resolution accepting bids and awarding contract for the improvement of Project No. 91-1 for street construction in the area along Crosstown Drive NW between Bunker Lake Boulevard and Crosstown Boulevard. Six bids were received with the three lowest bidders as follows: Forest Lake Contracting W. B. Miller $165,550.80 Alber Construction $165,680.30 $175,525.00 The project has been approved by State Aid. COUNCIL ACTION MOTION BY / ' '-- TO SECOND BY o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilman to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 91-1 FOR STREET CONSTRUCTION IN THE AREA ALONG CROSSTOWN DRIVE NW BETWEEN BUNKER LAKE BOULEVARD AND CROSSTOWN BOULEVARD . WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 072-91, dated May 21 , 19 91 , bids were received, opened and tabulated according to law wi~esults as follows: Forest Lake Contracting $163,550.80 $165,680.30 $175,525.00 W. B. Miller Alber Construction NOW, THEREFORE, BE IT RESOLVED by the City Council of of Andover to hereby accept the bids as shown to indicate Lake Contracting as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Forest Lake Contracting in the amount of $163,550.80 for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. the City Forest MOTION seconded by Councilman and adopted by the City Council at a meeting this day of , 19 , with Councilmen voting in favor of the resolution, and Councilmen voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ~ ATTEST: Kenneth D. Orttel - Mayor Victoria Volk - City Clerk u ~(<'/c">"".,c"""'" ~? 'i1!.;, d'l \, ;,'{ ~ ~\ l ',\, ,"l ',. .f'''F -~'~~.~"J!fIijo'; CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE July 2, 1991 AGENDA SECTION NO. ORIGINATING DEPARTMENT Non-Discussion Items ITEM Receive Feasibility NO~/. Report/91-14 Engineering BY: -1S'~ Todd J. Haas The City Council is requested to approve the resolution receiving the feasibility report and calling a public hearing on improvements of street and storm drainage in the area along 168th Lane NW between Round Lake Boulevard and 350' west of Crocus street NW. The public hearing would be scheduled for August 6, 1991. ,- -, MOTION BY TO COUNCIL ACTION SECOND BY '---' CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA o RES. NO. MOTION by Councilman to adopt the following: A RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON IMPROVEMENTS OF STREETS AND STORM DRAINAGE , PROJECT NO. 91-14 IN THE AREA OF 168TH LANE NW BETWEEN ROUND LAKE BOULEVARD (CSAH 9) AND 350' WEST OF CROCUS STREET NW . WHEREAS, pursuant to Resolution No. 073-91, adopted the 21st day of May , 19 91 , a Feasibility Report has been prepared by BRA for the improvements; and WHEREAS, such report was received by the City Council on the 2nd day of July , 19 91 ; and WHEREAS, such report declared the proposed improvement to be feasible for an estimated cost of $ 313,590.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The City Council hereby accepts the Feasibility Report for Project No. 91-14 , for the improvements. 2. The Council will consider the improvements in accordance with the report and the assessment of abutting property for all or a portion of the improvement pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of $ 313,590.00 3. A public hearing shall be held on such proposed improvement on the 6th day of August , 19 91 in the Council Chambers of the City Hall at 7:30 p.m. and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. MOTION seconded by Councilman and adopted by the City day of Council at a meeting this 19 , with Councilmen voting in favor of the resolution, and Councilmen voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Kenneth D. Orttel - Mayor ~) Victoria Volk - City Clerk "J .'~'."''''''''''''''''\.' ~l' ~\~ '~, ~ \". _I" , "~ ---I_'~~"l1ii#,1Jt CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE July 2, 1991 AGENDA SECTION NQ Non-Discussion Items ORIGINATING DEPARTMENT Finance ITEM Approve Reduction of NO,~. Escrow - Hills 1st BY: Howard D. Koolick~ Finance Director ~~p~~ FOR BY! / REQUEST The Andover City Council is requested to reduce the escrow for Hills of Bunker Lake First Addition by $33,000. BACKGROUND The City is currently holding as escrow a letter of credit for $170,000 and a certificate of deposit with a current value of $53,226.50. These escrows are designed to cover 15% of the assessments plus a $21,000 grading escrow. The status of the grading escrow was being reviewed by the Engineering Department and is included elsewhere in your packet. The amount originally assessed was $1,199,296.53. As of June 24, 1991, the balance is $168,616.50. Including the grading escrow, the total escrow needed is $189,616.50. Since the total of the letter of credit and CD is $223,226.50, the City can release $33,000 of the letter of credit and still maintain adequate escrows. Attached you will find a letter to the person at First Bank with whom Hills, Inc. has been working. The blanks will be filled in after the this item and the grading escrow item are approved or denied by City Council. COUNCIL ACTION /- -, MOTION BY SECOND BY '-- TO .~~o...~" '~"-" i \ { .j . '\ \..6 f 0'~"'7 ~".~~~-:~ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 July 3, 1991 Mr. Bruce Gehrke .First Bank Lake 2800 East Lake Street Minneapolis, Minnesota 55406 Dear Bruce: At the request of Jerry Green of Hills, Inc., the city of Andover reviewed the escrow requirements for Hills of Bunker Lake First Addition. Our review disclosed the required escrow to be $ This amount is based on an outstanding assessment balance of $168,616.50 as of June 24, 1991 and a grading escrow of $ . Based on the above, the Andover city Council, at their July 2, 1991 meeting, approved reducing the escrow for Hills of Bunker Lake First Addition by $ Please consider this letter approval by the City of Andover to reduce the Northern Bank Letter of Credit Number 87-1093 by $ . After this reduction, our records show a balance on this letter of credit of $ Should you have any questions about this escrow or others, please feel free to contact me. Sincerely, CITY OF ANDOVER Howard D. Koolick Finance Director cc: Jerry Green .:J l'~;<. .'."".6"',~,,\, i' 'tl / ~ ~'.'.' ) v"i.;~~,,~ ,':f-!,'iJI'f>'" -~,:tI...~)fi CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE July 2, 1991 Non-Discussion Items Engineering APP~~D~FOR AGE'D,lI 'Ju BY: I / AGENDA SECTION NO. ORIGINATING DEPARTMENT ITEM NO. 23. Approve Change Order lt2/90-26 BY: James E. Schrantz The City Council is requested to approve Change Order lt2 for Fire Stations lt1 & lt2, Project No. 90-26. The Change Order is for additional telephone boxes and additional steel lintel above the second story windows. The total change is $850.95. /~ MOTION BY TO COUNCIL ACTION SECOND BY '--' It '- J!1J Bon.stroo Owner City of Andover, 1685 NW Crosstown Blvd, Andover, MN 55304 Date June 6, 1991 Rosene l\i1 And.rllk & Contractor Maertens-Brenny Constr. Co, 8251 Main St NE, Mpls, MN 55432-1849 Change Order No.2 Associates --- Bond Co" Alexander & Alexander, Attn. Meredith Shian, PO Box 1360, Mpls, MN 55440 11'.,..,......".,.. o CHANGE ORDER NO. .2 Andover FIre Station Nos. 1 & 2 FlIe No" 17130 De.~ptioD of Work This change order describes the additional work required above the original contract. No. Item TOlal . Amount Additional telephone boxes. ADD Add'l steel lintel above 2nd story window. FIre Station No.1 - ADD Total Change Order No.2 Original Contract Amount Previous Change Orders 1 2 435.95 $ 415,()() $850.95 1,037,391,,()() . 23,146.()() 850,,95 1,061,387,95 This Change Order No. 2 - ADD Revised Contract Amount (including this Change Order) $ Recommended for Approval by: BONESTROO, ROSENE, ANDERLIK& ASSOClATES,INC. a4"'PQ~~A~ Contractor: BRENNY CONSTRUCTION CO. Approved by Owner: CITY OF ANI>.OVER, ~ . r- 'Di~trihution I . \.--'1 . Owner 1 - Contractor 1 - Engineer 1 - Bond Co" Date: ";;'~/ +..'~e',,,.,.,,, ,ie' ',,:,:, f;J' 't\ fl,. .,q ~\ ;; :, \ j V ~~:~.~,___;@..\"",~q CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION NO, DATE July 2, 1991 ORIGINATING DEPARTMENT Non-Discussion Items Engineering ITEM NO. 24. Approve Final Payment/89-17 BY: James E. Schrantz The City Council is requested to approve the resolution accepting work and directing final payment to Arcon Construction of Mora, Minnesota for Project No. 89-17, Hidden Creek East 2nd. The final is for $2,549.99. The total contract cost is $229,164 with the original contract of $234,273. See attached recommendation from TKDA. MOTION BY TO COUNCIL ACTION SECOND BY '-" o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilman to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO ARCON CONSTRUCTION FOR PROJECT NO. 89-17 FOR THE IMPROVEMENT OF WATER, SANITARY SEWER, STREETS AND STORM DRAINAGE IN THE FOLLOWING AREA: HIDDEN CREEK EAST 2ND ADDITION WHEREAS, pursuant to a written contract signed with the City of Andover on September 19 , 19 89, Arcon Construction of Mora, Minnesota has satisfactorily completed the construction in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract, taking the contractor's receipt in full. MOTION seconded by Councilman City Council at a of meeting this and adopted by the day , 19 , with Councilmen voting in favor of the resolution, and Councilmen voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: Kenneth D. Orttel - Mayor Victoria Volk - City Clerk (j .- TKDA U ENGINEERS ARCHITECTS TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED PLANNERS 2500 AMERICAN NATIONAL BANK BUILDING SAINT PAUL. MINNESOTA55101.1..3 8121292.....wO FAA 612/2g2-00B3 June 18. 1991 Mr. Jim Schrantz City of Andover 1685 Crosstown Boulevard NW Andover,~esota 55304 Re: Hidden Creek East 2nd Addition City Project 89-17 Juldover,~esota Conunission No, 9561 Dear Mr. Schrantz: The work has been completed in accordance with plans and specifications for the above referenced project. We recommend fmal payment to the contractor in accordance with warrantee provisions of the contract. The final contract cost is $229,164.38. The original contract was $234,273.26, Sincerely yours, John L. Davidson, P.E. JLD:j '~J , I , , \) i \ \ \ \ \j .~) '\ \ j \I i IJ , -' ,\ .. \j' / ~. \~- j../ \ 'J )J , \..; .' . i... 'j \. .\ J \ " , \ j \ ./ , - --- - - -- --. --~---.- -.---.- '-- . ~~~T MESSAGE. ::;":711 It / -'lTME!.-' :.<<~.~::: W'H,you W E OUT CALLED TO SEE YOU WANTS TO SEE YOU - , , I I ; i i I I I ! i I @ - -'- - - . - - -- - '61 ~~. ..... UJ0Dcj.:U_Jrsi../G, _ 'riJ-1~~ 1A~-Io. , _k ~ _ _ .___ __. _ @lliCV70;1d~;'~ . A4JaJ;Le.& f M.C?~ UL ~.~.-.-.'~7rf Ueaz O~CUlt . ...... . . . . . @ fLtLd ~G ...... ti ~ ~ 1/\;"; '.. .". . . .... WI.-I' 1r.-u1U .~, /1A Ii j,-/. '~ . v4.I,../.~ .' -~ --- -- - -- - .'-- -- - --. - '-. ~.- . -+-- -- - ---- ---~ .-- -----~ - --'. - - -,,"-- - --~. - - - -- - - ". -. . --. --- ... _.. -- -. - - --- ---...- -.-. -'-.. ".- ---. . . -. -. --'__.. 'n. --_. . ---_.u___ .. / ~ 19 June 1991 e~IE!Q~ MEETING 7 -02 - 7' / AGENDA ITEM # 9- IQ_Ib~_~!1y_Q!_AnQQ~~~ The undersigned attest that they are residents of the city of Andover, and have homes built for them by John Feges and Bill Dreischmeier, operating as The Land & Sales Company, Meridian Homes, and/or John Feges Realty. Our homes continue to have structural deficiencies, workmanship problems, and code violations--months after construction was ostensibly complete. Several homes also have liens filed against them by subcontractors whom the builders failed to pay. Despite repeated promises, the builders are very slow to repair existing defects, often trying to get by with substandard work. Many items are never addressed. This causes all of us a great deal of stress. It also reflects poorly on Andover as a place to live and raise a :family. Therefore, we hereby request the City of Andover to stop issuing building permits to Bill Dreischmeier, John Feges, and any company that they may own or operate, until such time as all outstanding defects have been satisfactorily corrected in all existing homes constructed by these builders. ~~~~ AQQ~~~~ Q~y_ebQn~ 1. JJk.~~~___lQQ~_:Ll{T~~~~~~~__________~~2-~~_~~_____ 2. _~_L1. 0 ____L5:.Q~:lI-rl':_~_NM_____________~~j:::QlQ.5e._ 3. W ~ J12.!1Kl!1JJJ:.!_l!.cd.___________~:L__c?L~_~---- 4. ________L~]2~L~{jt~~~------------~~:~~~]--- - ~ ELZ31~-LSt~PiL1!.----------!fjy---QJ-2~-- ~ ~!.-- ----!1!.(iJ-:!!f(-~~~!'..~______!d<i___qf~~J- 7. -r~~/7~ ---~~~-__~J!i:_~_~~~.___~!!~.!!€.~2 8. _~__ ----------------------------------~~~~~~ti_ 9. ~1-:-4- ~~J> -1~ft.:'7J~~- q-tt.J~__________~~ __ 10. 21.J~-~-J~!'J--L9.2:!jLlj1.fL-4.J.~.!J..&..22J.P..':1--'i.L'i:Q~2-~ b .-'->0 ~~)_ - to. \,.. , . < /l""me.. hJdre" lk;~ p~",,<, 11. ~ 12. _ . _ ~VL~\..----~-:\~~~~.\\J__~~~~~~_ _~L\ ~-a~J/h1L_____J~~~?__lYlrJJ_!lu.LJJ.Ul_Q;;jdPWL1!t:L51f 14. -__Gr~J:1 kJ:------L~Zb;L~1'~L_St..6L~_lt_1.~~c(?1~_S_:1.~JS41 15. ------1~-L-JL2---LljJi~--Av!Ll1J1tl-kdaLe{114Lil1'1!11Jo 't/- 11(9/ /~) 7.Y ftt,T!. ~LL./. fi7tcd~.-H'~' tp't'-OS-YL ~-------------------------------------------------------- :fr:.~Jk--j-t{qL_--~Y2.~_~_X1l1l_~!l~'U::~.l1.f!}.._^L~Sl/ 3 V 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 13. 16. 17. 18. ------------------------------------------------------------------- 19. ------------------------------------------------------------------- 20. ------------------------------------------------------------------- 21. ------------------------------------------------------------------- 22. ------------------------------------------------------------------- 23. ------------------------------------------------------------------- 24. ------------------------------------------------------------------- 25. ------------------------------------------------------------------- ------------------------------------------------------------------- ------------------------------------------------------------------- ------------------------------------------------------------------- ------------------------------------------------------------------- ------------------------------------------------------------------- ------------------------------------------------------------------- ------------------------------------------------------------------- ------------------------------------------------------------------- ------------------------------------------------------------------- ------------------------------------------------------------------- ------------------------------------------------------------------- o I 'J o o o o J o J J o o o o o o Report 168th Lane Street Improvement City Project No. 91-14 Andover, Minnesota June 1991 File No. 17152 n U n f1 n Bonestroo L..1UU Rosene ~ Anderlik & ~ ~ ~ Associates Engineers & Architects St, Paul, Minnesota o o " LJ J ,..., LJ 1 LJ " LJ J J J J J 1 LJ J 1 LJ J J J 1 LJ J ,..., J 11M DD ~ Otto G. Bonesrroo, PE. Robert W. Rosene, fE. Joseph C. Anderfik, P.E. Marvin L Sorvala, PE. Richard E. Turner, PE. Glenn R. Cook, PE. Thomas E. Noyes, p.E. Robert G. Schunicht PE. Susan M Eberlin, C.PA Keith A. Gordon, PE. Richard VI. Foster, P.E. Donald C. Burgardt PE. Jerry A. Bourdon. PE. Mark A. Hanson, P.E. Ted K. Field, P.E. Michael T. Rautmann, PE. Robert R. pfefferle, PE. David 0. Laskora, P.E. Thomas VI. Peterson, P:E. Michael C. lynch. P.E. James R. Maland, PE. Kenneth P. Anderson, p.E. Bonestroo Rosene Anderlik & Associates EngIneers & ArchItects June 14, 1991 Honorable Mayor and City Council City of Andover 1685 Crosstown Blvd", N"W" Andover, Minnesota 55303 Re: 168th Lane Street Improvement City Project No" 91-14 Our File No. 17152 Dear Mayor and Council Members: Mark R. Rolfs, PE. Robert C. Russek, A.IA Thomas E. Angus. PE. Howard A. Sanford, P.E. Daniel J Edgerton, P.E. Mark A. Seip, P.E. Philip J. Caswell. P.E. Ismael Martinez, PE. Mark D. Wallis, P.E. Thomas R. Anderson. AJ.A. Gary F. Rylander, fE. Miles 8. Jensen. PE. L Phillip Gravel //J. P.E. Rene C. Plumart. AlA. Agnes M. Ring. AJC.p Jerry D. Pertzsch. P.E. Cecilia Olivier; PE. Robert R. Dreblow, PE. Gary W. Marien. P.E. Karen L Wiemeri. P.E. Keith R. Yapp. P.E. Charles A. Erickson Leo M. Pavvelsky Harlan M. Olson Transmitted herewith is the feasibility report for the construction of 168th Lane N"W. from Round Lake Boulevard/CSAH #9 east to 350' west of Crocus Street" The report provides a detailed cost estimate of the work being considered and a plan of the area" The work as proposed will meet the Municipal State Aid standards" We would be pleased to meet with the City Council and Staff at you convenience to review the proposed project. Respectfully submitted, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. 4~ et-L Glenn R. Cook, P"E" GRC:kf I hereby certify that this report was prepared by me or under my direct supeIVision and that I am a duly Registered Professional Engineer under the laws of the State of Minnesota" 4~ IC~ Glenn R. Cook, P"E" Date: June 14. 1991 17152 Reg" No. 9451 2335 West HIghway 36 · St. Paul, Minnesota 55113 . 612-636-4600 n LJ n LJ 'l L.J 'l L.J n L.J n I i L.J 'l J n LJ n I L.J 'l U 'l i L.J n L.J n L.J '1 L.J 'l J '1 I U n L.J 1 u 'l LJ 17152 '- TABLE OF CONTENTS Letter of Transmittal Table of Contents Introduction Discussion Project Costs and Assessments Conclusions and Recommendations Appendix PAGE NO. 1. 2. 3. 4. 5. 7. - 2 - n LJ ,.., u INTRODUCTION n LJ ,.., The City of Andover has requested this report to determine the feasibility of u constructing 168th Lane from Round Lake Blvd./CSAH #9 to 350' west of Crocus Street. n LJ The proposed street improvement is shown on Figure 1 at the back of this report. '1 u 168th Lane currently terminates in a cul-de-sac approximately 2,200 feet east of Round 'l u Lake Boulevard" There is a marsh area east of the cul-de-sac that will have to be crossed to construct the street. 168th Lane has been constructed as a rural residential street east 1 u of the marsh" The existing street consists of a 20'-24' sand gravel surface with ditches that have filled .., LJ in over the years. The storm water discharge into the low areas along the road and 'l percolates into the soil" There is a major drainage way that crosses the roadway near the tJ east end of the street. ,.., , , u n i u n LJ .., LJ J '1 I u ,.., , i.J 'l u 17152 - 3 - ...., I , . ,..., u ~ u DISCUSSION ,..., LJ ,..., 168th Lane is on the Municipal State Aid (MSA) System and will be constructed in u accordance with MSA standards. The street section will be a 9-ton design and consist of 8" ,..., LJ of Class 5 aggregate base, 1 Yz" of 2341 bituminous wearing, 1 Y:z" of 2341 bituminous binder 1 LJ course and concrete curb and gutter" The proposed street would be 32' wide with no parking allowed along the street. ,..., u Driveways would be constructed with a bituminous surface to the property line" "1 Storm sewer would be constructed to improve drainage along the street. The street u would be lowered approximately 6" to improve drainage off the boulevard area" The storm "1 LJ sewer would pick up the low areas along the street and discharge into the drainage ditch u 1 near the east end of the street. The placement of a 36 inch culvert in the drainage ditch is ,..., I necessary to provide drainage" The drainage plan will need to be submitted to the LJ watershed for review and approval. J Soil borings have not been taken along the project, but it is anticipated that a sand '1 u subgrade exists" The excavation of three feet of organic material through the marsh area was used for estimating purposes" The excavated area would be backfilled with select "1 u borrow material. The street section would be strengthened if poor soils are encountered ,..., I I U along other segments of the roadway" ,..., L...J 1 LJ 1 LJ 17152 - 4 - "1 , u ., u .,. u PROJECT COSTS AND ASSESSMENTS n u f] u The project costs for the street improvements are outlined in this section. The itemized cost estimate is provided in the Appendix and includes a 5 percent contingency and 15 f] L1 percent for engineering" The indicated prices are projected for the 1991 construction season l u (ENR4770)" 168th Lane N"W" $313,590,,00 ., LJ f] LJ The estimated project cost outlined above does not include legal and administrative ., LJ costs as these items are not eligible for Municipal State Aid reimbursement. The cost estimate does not include temporary easement acquisition, although a portion of the n I LJ easement acquisition costs would be eligible for Municipal State Aid reimbursement" n ! LJ The City assessment policy for Municipal State Aid streets provides that all costs not funded by MSA be assessed" We have estimated that 100 percent of the easement and 75 ,.., , , u percent of the storm sewer costs will be paid for out of the Municipal State Aid Street Fund" "1 J The amount remaining to be assessed would be non-reimbursible project costs which are estimated at five percent plus 25% of the storm sewer costs" The following is a summary "1 u of the project costs to be assessed: n Assessed Cost Cost/ft. Cost/lot , LJ ., u 168th Lane N"W. $32,250 $6,,25 $2,300,,00 ,..., The estimated assessment for a typical 368 foot lot is shown above" I u n I U 17152 - 5 - 'l L J n u ~1 LJ CONCLUSIONS AND RECOMMENDATIONS 'l u ,..., i LJ The project as reviewed herein is feasible as it relates to general engineering principals and construction procedures. The project is in accordance with the City Municipal State Aid 'l LJ Street Plan. Based on information contained in this report, it is recommended that: 1 LJ 1. This report be adopted by the City of Andover as a guide for construction of the street improvements. "1 L.J 2. The City conduct a legal and fiscal review of the proposed project prior to a 'l L.J public hearing. 3. A public hearing be held to determine further action to be taken. The property ~ LJ owners adjacent to the roadway should be notified for hearing purposes. ,..., LJ n i L.J Receive Preliminary Report July 2, 1991 Hold Public Hearing August 6, 1991 ~ , LJ Order Plans and Specifications August 6, 1991 n , Approved Plans and Specifications August 20, 1991 u Bid Date September 13, 1991 'l LJ Award Date September 17, 1991 ,.., ! Complete Construction November 15, 1991 u n I LJ '1 LJ r-; , L.J 17152 - 6 - ,..., ! LJ ,..., LJ fl LJ APPENDIX : LJ COST ESTIMATE J 32' Street - With Concrete Curb & Gutter J Unit Est" Est, Item Unit Price Ouan, Cost ,..., Remove exist" bit" surfacing SY $1.00 1,000 $1,000.00 i U Common excavation CY 4,,00 3,000 12,000,,00 'l Muck excavation CY 4,,00 5,000 20,000,,00 I U Select granular borrow CY 4.50 6,500 29.250.00 1 Class 5 aggregate base TN 7,,00 5,000 35,000,,00 U 2341 bit. binder course TN 15,00 800 12,000,,00 '1 2341 bit" wear course TN 16,00 800 12,800~00 U AC-1 bit. material for mixture TN 175.00 96 16,800.00 ,..., Bit. material for tack coat GL 1.50 500 750,,00 U B618 concrete curb and gutter LF 5.50 5,300 29,150,,00 'l 15" RCP storm sewer LF 22.00 800 17,600.00 u 18" RCP storm sewer LF 24,,00 1,300 31,200,,00 '1 36" RCP storm sewer LF 50 100 5,000,,00 u 36" flared end w/trash guard EA 800,,00 2 1,600,,00 'l 15" flared end w/trash guard EA 350,00 2 700,,00 , u Standard catch basins EA 800.00 10 8,000.00 'l Riprap in place CY 50,00 10 500,,00 U Bit. patching for driveways SY 15,,00 400 6.000.00 'l Sod SY 2,,00 5,000 10,000.00 u Seeding with mulch AC 3,000,,00 1.0 3,000,,00 '1 Topsoil borrow CY 7.00 600 4,200.00 u ,..., , w 'l u '1 17152 - 7 - LJ ,..., u ,..., u '1 APPENDIX (CONT'D) U ,..., Furnish and install signs EA 50,,00 20 1,000,,00 LJ Erosion control fence LF 3.00 500 1,500,,00 ,..., 4" wide solid line LF 0.25 2,600 650.00 I U Total Est. Const" Cost . $259,700,,00 1'\ + 5% Contingency 12.985,,00 u $272,685.00 ,..., + 15% Engineering 40.905,,00 I U Total Estimated Cost $313,590,,00 ,..., u '1 u M I L.J ,..., I J 'l u ,..., , u 'l u ,..., U M U ,..., LJ M l.J M 17152 - 8 - u - .. ~ //1 8 oil'; pi U /I tiij III II s 3~ I . r, /I m,a: ~ <( I J 1 ! 1/ ~ U 1/ t ~C~ ftll :> a: ... ~ ~ o U u . ... w... - 8 l\!wcr 1 ~ 0 :;;t~ ~ I ~w W u :iJ ~~ D:: \. g ~~ ~ ,..., cr )(... I a.. lIJ U1 L.J II j n _ II I _ " m - II U .:::; II , I ,. 1 s L.J ~ ~ - 0 I ~ N ~ G L.J ~ _ ~ .!: ,..., ~ c u U 0 VI w i j u @_ - ~ . C\I ~ ~ 2: ~ ~ ~ U ,..., u ~ @ -t ~ 0 I ~ ,..., m I . U 0 z ~ ~ ~ ' 0 U D:: Q. C\I ~ ~ ~ ~ ~ - n ~ ~ u U ~ o o -- ----- !?; ~ W i ~ U ~ ;;; j - ~ ~ ,.., ...... Q Q. '" '- ~ - - w ' ~ z .J 0 /;j 'l n ~_ _ _ _ __~ _ _ _ _ _ _ _ _ ~ ~ ~ - - --- ~ w u =_-:-::_~n-:'_-:-:_ - - - - -. - - - - - - - - ~ ri ~ M18 3>/l;n ONnOY 1= ~ e, "I "( 0:50: U 0 ro I() o z co - U .J < ~ ~