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HomeMy WebLinkAboutCC March 19, 1991 DATE: March. 19, 1991 '-J ITEMS GIVEN TO THE CITY COUNCIL special City Council/Planning and zoning Minutes - March 7, 1991 Bid Tabulation Park and Recreation Minutes - March 7, 1991 Seasonal Road Restrictions on City streets Coon Creek watershed District Minutes - March 11, 1991 Letter from Larry Bewley, state of Minnesota - March 8, 1991 Letter from Arne Carlson, state of Minnesota - March 4, 1991 Housing and Redevelopment Authority Minutes - March 5, 1991 Special Closed City Council ~inutes - March 5, 1991 Planning and zoning Minutes - February 26, 1991 Comprehensive plan Task Force Minutes - February 28, 1991 PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA. , ,_.J THANK YOU. ... ~ N ~ ~ N N I~ ... ... ... ... ... a ~ ~ 0 0 ~ ... ... ... v. v. v. v. v. v. ~ 0 N 0 0 s s ... ... ... ... f ~ :.l :.l 0 Q "<l '\ n I ~ ~ 'J B ~. I; ~ ~ .... ~. .. is:: , PI g: i i ~ ~ II I. i !' ~ .,. p .... ~ .. 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Receive Monthly Financial Statements 6. Approve Bills 7. Hearing: Project 91-02: Replace Water Control Structure on Ditch 58-7-2, Ham Lake 8. Consider Approval & Order of Project 91-02: Replace Water Control Structure on Ditch 58-7-2, Ham Lake 9. Approve Draft Policy 2.4: Purchasing Procedures PERMIT ITEMS 10. Approve After the Fact: Majestic Oaks West (PAN 91-06) DISCUSSION ITEMS 11. Introduce Project 91-03: Tree Removal from Creek Between 111th and Egret Bld., Coon Rapids 12. Cons. Approval of 1991 Annual Plan & Budget as Annual Report INFORMATIONAL ITEMS 13. Receive Staff Report NEW BUSINESS , .\ o ADJOURN .,J COON CREEK WATERSHED DISTRICT BOARD OF MANAGERS' MEETING February 25, 1991 The Board of Managers of the Coon Creek Watershed District held their regular meeting on February 25, 1991 at the Bunker Hills Activities Center. r DRAFT Present: Bob Boyum, Reggie Hemmes, Eldon Hentges, LuEllen Richmond, Paul Williams. Staff: Tim Kelly 1. The meeting was called to order at 7:30 PM 2. Approval of the Agenda: Moved by Richmond, seconded by Williams. Motion carried with four yeas (Hemmes, Hentges, Richmond, and Williams) and no nays. 3. Open Mike: No one was present Policy Items 4. APproval of January 28, 1991 Minutes: Moved by Richmond, seconded by Williams. Motion carried with four yeas (Hemmes, Hentges, Richmond, and Williams) and no nays. Permit Items 5 Knoll Ditch Construction (PAN 91-04): Kelly presented the staff report citing that Knoll's objective is to sell this property, and that he is pursuing water bank. Kelly recommended tabling the application until review of the proposal by the DNR, and a site inspection to determine feasibility of drainage without affecting adjacent wildlife land. Motion carried with five yeas (Boyum, Hemmes, Hentges, Richmond, and Williams) and no nays. 6. Pioneer Village Apartments (PAN 91-05): Kelly presented the staff report and recommended tabling until the permit application was complete. Recommendation to table was moved by Richmond, seconded by Williams. Hentges asked if the Board could approve the permit application with the stipulation that staff determine the adequacy of the missing information. Motion carried with four yeas (Boyum, Hemmes, Richmond, and Williams) and one nay (Her)tges) . Discussion Items 7. Draft Policy 4.1: Permit Procedures: Kelly presented the revisions to the policy citing changes and additions on the sections covering the requirements for pUblic development, fee structure, escrow requirements and permit extensions. Boyum raised concerns and suggestion addressing time allotted for Pre-application conference and recovery of inspection time. The issue of waiving escrow. Kelly recommended forwarding the draft policy to the advisory committees. Moved by Boyum, seconded by Richmond. Motion carried with five yeas (Boyum, Hemmes, Hentges,. Richmond, and Williams) and no nays. "- '- ) 8. Introduce Policy 2.4: Purchasing Procedures: Kelly reviewed the policy. Discussion followed on the kind and nature of purchases which should be reviewed by the Board, such as capital equipment. Richmond moved to have staff revise the policy and Page 2. Coon Creek Watershed District - February 25, 1991 ~ DRAFT \ , .J report back to the Board. Seconded by Williams. Motion carried with five yeas (Boyum, Hemmes, Hentges, Richmond, and Williams) and no nays. 9. Introduce Project 91-02: Replace Water Control Structure on Ditch 58-7-2: Kelly reviewed the proposed project citing the purpose as replacement of the water control structure on ditch 58-7-2 adjacent to state protected water 2-400W in Ham Lake. Recommendation was to prepare for a public hearing on the project at the March 11, 1991 Board meeting. Williams and Hentges asked to see the plans for the project at the next meeting. Hoved by Boyum, seconded by Richmond. Hotion carried with five yeas (Boyum, Hemmes, Hentges, Richmond, and Williams) and no nays. Informational Items 10. Discuss Wetland Definitions: The Board held a short discussion on the various definitions of wetlands and their policy consequences. 11. Legislative Update: Kelly gave a brief update on the District's legislation. The bill has been introduced in ~he Senate as SF 305 and referred to the Senate Natural Resources Committee. The Legislation was introduced into the House today as HF 468. New Business 12. Kelly gave a brief wrap-up of project 91-01 on the WOE site in Andover. 13. Kelly informed the Board that Pat Rudolph of the SWCD had a heart attack on Friday. The wish her well. The meeting adjourned at 9:35 PM on a motion by Richmond, seconded by Williams. Hotion carried with five yeas (Boyum, Hemmes, Hentges, Richmond, and Williams) and no nays. Reginald A. Hemmes, President , ) - tc... :r~k STATE OF MINNESOTA '\ ) DEPARTMENT OF REVENUE Mail Station 3340 St. Paul, Minnesota 55146-3340 (612) 296-5141 March 8, 1991 TO: All City Clerks Recently, 1991 Laws, Chapter 2 was enacted to reduce 1991 state expenditures by approximateiy $200,000,000. Aid payments to local units of government comprise a significant portion of state expenditures. As a result, Article 8 of this new law provides for a $50,000,000 reduction in the July 20, 1991 aid payments to counties, cities, towns and special taxing districts. The enclosed aid estimates have been developed for your information. The July 20, 1991 estimated aid payment reduction shown in the first column on the enclosed aid notice is your city's share of the $50,000,000 aid payment reduction. The July 20, 1991 estimated aid payment for your city after this reduction is shown in the second column. The enclosed aid estimates are based on preliminary 1991 property tax information. Final 1991 property tax information is not currently available but will be used in determining the actual July 20, 1991 aid payments. For this reason, the actual July 20, 1991 payment may be different than the enclosed estimate. Any differences between the enclosed estimates and the actual payment should not be significant. The December 15, 1991 estimated payment shown in the third column reflects the provisions of current law. Additional aid payment reductions will be enacted into law in 1991. These additional aid reductions will probably result in the December payment being reduced the same as the July payment and will also result in decreases in 1992 aid payments. If you have any questions regarding this letter, please contact me in the Local Government Services Division of the Department of Revenue. My telephone number is (612) 296-5141. Sincerely, ~ ~~ LA~BEW1.EY' Research Analysis SpeclaflSt Local Government Services Division '\ LLB/glh ) AN EQUAL OPPORTUNITY EMPLOYER MINNESOTA DEPARTMENT OF REVENUE LOCAL GOVERNMENT SERVICES DIVISION MAIL STATION 3340 SAINT PAUL, MINNESOTA 55146-3340 PHONE: (612) 296-5141 " , ) MARCH 8, 1991 CLERK-TREASURER CITY HALL ANDOVER CITY OF 1685 CROSSTOWN BLVD NW ANDOVER MN 55304 ESTIMATED JULY 20, 1991 AID REDUCTION FOR YOUR CITY UNDER LAWS 1991, CHAPTER 2, ARTICLE 8 AND THE RESULTING ESTIMATED 1991 AID AMOUNTS AFTER REDUCTION JULY 20. 1991 DEC. 15. 1991 ESTIMATED ESTIMATED AID ESTIMATED AID JULY 20, 1991 PAYMENT AFTER PAYMENT UNDER AID REDUCTION lE REDUCTION lE CURRENT LAW lElE LOCAL GOVERNMENT AID $ 31,874 $ 19,541 $ 51,415 EQUALIZATION AID $ 0 $ 26,292 $ 26,292 HSTD & AG CREDIT AID $ 0 $ 176,021 $ 176,021 DISPARITY REDUCT AID $ 0 $ 0 $ 0 TOTAL $ 31,874 $ 221,854 $ 253,728 lE THE JULY 20, 1991 AID REDUCTION AND PAYMENT ESTIMATES ARE BASED ON PRELIMINARY 1991 PROPERTY TAX INFORMATION. FINAL 1991 PROPERTY TAX INFORMATION IS NOT CURRENTLY AVAILABLE BUT WILL BE USED IN DETERMINING THE ACTUAL JULY 20, 1991 AID PAYMENTS. FOR THIS REASON, THE ACTUAL JULY 20. 1991 PAYMENT MAY BE DIFFERENT THAN THE ABOVE ESTIMATE. ANY DIFFERENCES BETWEEN THE ESTIMATE AND THE ACTUAL PAYMENT SHOULD NOT BE SIGNIFICANT. lElE THE DECEMBER 15, 1991 ESTIMATED PAYMENT REFLECTS THE PROVISIONS OF CURRENT LAW. MORE THAN LIKELY THERE WILL BE ADDITIONAL AID PAYMENT REDUCTIONS ENACTED INTO LAW IN 1991. THESE ADDITIONAL AID REDUCTIONS WILL PROBABLY RESULT IN THE DECEMBER PAYMENT BEING REDUCED THE SAME AS THE JULY PAYMENT. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CONTACT LARRY BEWLEY IN THE LOCAL GOVERNMENT SERVICES DIVISION IN THE DEPARTMENT OF REVENUE. LARRY'S TELEPHONE NUMBER IS (612) 296-5141. . '\ '. / '. ) " CO U N TY OF 10 c.c. o 319/Cj/ ANOKA ,11..1:" Office of the County Board of Commissioners COURTHOUSE ANOKA. MINNESOTA 55303 612-421-4760 March 14, 1991 City Manager Andover City Hall 1785 Crosstown Boulevard Andover, MN 55304 Dear City Manager: You've no doubt heard and read about potential impacts of the State Administration's proposed budget. There have been speculation and rumors mixed in with the facts, making the whole scene rather hazy. Now, after a careful review of the situation, Anoka County has developed a reactive budget for 1992 that isn't based on speculation or rumors, but on the facts as presented in the State's proposal. The reality of the situation will affect you directly. Anoka County expects to lose $11.5 million due to the overnight elimination of homestead credit also known as HACA. The Anoka County Board of Commissioners has gone on record as being opposed to raising property taxes an exorbitant amount for the purpose of making up for a shortfall from the State's share of the funding for State-mandated programs. Therefore, programs will be cut if the State's . proposal is enacted. Projects and contracts will be reduced or eliminated. Layoffs may occur. That $11.5 million is 20 percent of our total levy! It isn't unrealistic to think that library branches or parks may be closed. Transportation projects or transit services may be wiped out. The burden of the potential budget crisis is being distributed amongst all departments, agencies, contractors and vendors of County government. As part of the budget reductions for 1992, the County has proposed $879,000 from the Community Corrections department as one step of difficult cuts that may have to be made if the budget is adopted. At this time, it is proposed to eliminate the Community Work Service Program which has provided you with community service workers. The County Board realizes that this cut translates into the reduction of services for area residents and businesses. We hope it doesn't come to that. You can help turn this around. The County Board is working with other governmental agencies across the State to educate the State policymakers and the clients of our services. We hope that when the policy setters learn of the real impact, they will rewrite the proposal. You can help by contacting your State legislators. Tell them what it will mean to the clients/benefactors of your services when your funding is cut. Together we may be successful. n:si Sl~ ~~ffl Tim Yantos Deputy County Administrator Affirmative Action / Equal Opportunity Employer . " ) ,.-, :TI-~,l ~J CA 7:30 P.M. 8:00 P.M. :) \ ) CITY of ANDOVER Regular city council Meeting - March 19, 1991 Call to Order Resident Forum Agenda Approval Approval of Minutes Senator Greg Dahl Discussion Items 1. DNR permit Request/Slyzuk 2. Special Use permit/Bendtsen Gun Shop 3. Special Use Permit/Po Hagen Beauty Shop 4. variance/Rucks 5. variance/Runke 6. Ordinance 8, Sec. 8.08 Discussion/Curbing 7. Response to Metropolitan Waste control 8. Coon Creek Watershed Appointment Staff, Committee, Commission 9. Equestrian Council Applicants 10. purchase Sewer & Watermain Locator 11. purchase Gas Detector 12. Approve Solid Waste Joint Powers Agreement 13. Approve Goodwill Industries Agreement 14. Amend Fire Truck Bids 15. Order Ad for Bids/Air Packs/Fire Dept. 16. Approve Revised By-Laws/Firefighters Relief Assn. 17. Assessment Abatement, Cont. 18. DARE Contribution 19. Approve storm Sewer Base Maps 20. Accept Old Constance Boulevard 21. Rename Constance Boulevard 22. Assessment Policy Non-Discussion items 23. Award Bids/90-12 & 90-13 24. Award Bid/Fire stations/90-26 25. Approve plans & Specs/90-25 26. Receive petition/Creekview Crossing/91-2 27. Accept Feasibility Report/91-1/Crosstown Dr. 28. Receive February Financial Reports Mayor/Council Input Approval of Claims Adjournment ~"""'''':~, :) (CA.) -'~~,~~~~,.,,'jfc'ii"~lI" CITY OF ANDOVER REQUEST FOR COUNCIL ACTION ITEM NO. Admin. ~. v. VOlk\' AGENDA SECTION 1 NQ Approva of Minutes DATE ORIGINATING DEPARTMENT BY: The city Council is requested to approve the following minutes: March 5, 1991 March 5, 1991 Regular Meeting HRA Meeting March 7, 1991 Joint Meeting with Planning Commission ,. , MOTION BY TO COUNCIL ACTION SECOND BY '--, "/"CJ\""""""'''''''''\\\ a ~\ / '\ ';: .e J~' ,.r ;,'"..'>.",,,......,,,,,,.1'., CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION NO. DATE ORIGINATING DEPARTMENT March 19, 1991 BY: Discussion Items Engineering ~ ITEM NO. I. DNR Permit Request/ Slyzuk BY: Todd J. Haas ( The City Council is requested to hold a public hearing regarding a request by Kenneth Slyzuk to the DNR, Protected Waters Permit Application Number 91-6148, to pump water from the open ditch to Coon Creek located in Section 29, Township 32, Range 24. Enclosed is a copy of the following: Letter sent to property owners adjacent to Round Lake Notice of Public Hearing Letter from DNR dated December 31, 1990 List of adjacent property addresses Location of proposed pumping station DNR Protected Waters Permit Application 91-6148 This request to hold a public hearing is a result of a City Council Motion, made at the June 19, 1990 regular meeting, where if Ken Slyzuk's permit expired and a new one is requested the Council would hold a public hearing. Tom Hovey, from the DNR, will be here to answer any questions the Councilor Neighborhood Preservation Association may have. COUNCIL ACTION / ' MOTION BY TO SECOND BY ~I ........ __..,_.-___._____.__..__ .__u____--' ___ __ __ _~____.4~'.___.__.____...__...._ --.-- -.--'.- - --.---~-_.------.--_.-~-- ---~-.-~----....-~ <J CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304. (612) 755-5100 March 12, 1991 Owner/Occupant RE:DNR Permit Application/Slyzuk Dear Owner/Occupant: ) The city Council has ordered a public hearing regarding a request by a property owner to the Department of Natural Resources to pump water from an open ditch to Coon Creek. Attached is a notice of public hearing and a letter from the DNR in regards to a seepage investigation of Round Lake. If you have any questions, feel free to contact me or Todd Haas at 755-5100. Sincerely, ames E. Schrantz City Engineer/public Works Director JES:rjr , , .,--../ , ,/ .' <J ,) ---J /' CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (612) 755-5100 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The City of Andover City Council will hold a public hearing at 8:00 P.M., or as soon thereafter as can be heard, Tuesday, March 19, 1991 at at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, MN to consider the request of DNR protected Waters Permit Application Number 91-6148 as requested by Kenneth Slyzuk, to pump water from open ditch on the property described as: The East 1/2 of the Northeast Quarter of the Southeast Quarter lying north of the centerline of South Coon Creek Drive of Section 29, Township 32, Range 24, Anoka County, Minnesota. All opponents and proponents of said proposed DNR Permit Application will be heard at the above time and location. u~~ Victorla Vo - City Clerk Q f , .. JC c ( //:/~;/ ~', "PI"""ZG .1:i<~;>V i!!C' ~ I~ ,'" z'?JI'. b t. ~;..-;~ c. '\ ;Y>,,&.Q...~ -/ c.7vr]/MC.-- ", ~e-- ~ ~ PAUL, MN 55106 FILE NO. r! STATE OF '.') [N][N]~~@lY~ , DEPARTMENT OF NATURAL RESOURCES METRO REGION WATERS - 1200 WARNER ROAD, ST. PHONEN0772-7910 HI ~A~ ~'l~lID - CITY OF ANDOVER December 31, 1990 Mr. Jim Schrantz City of Andover 1685 Crosstown Blvd. NW Andover, MN 55304 RE: SEEPAGE INVESTIGATION, ROUND LAKE (2-89P), CITY OF ANDOVER, ANOKA. COUNTY Dear Mr. Schrantz: Due to the questions arising from the IJater levels in Round Lake and Mr. Slyzuk's pumping from his ditch system, I requested that our Central Office groundlJater crew further study the groundlJater conditions and pumping near Round Lake. Also, IJe anticipated needing-more information for decision making IJhen Mr. Slyzuk applies for a neIJ permit for pumping IJater from his fields. The results of this second seepage investigation are enclosed in the memo from Justin Blum, formerly of our groundlJater creIJ, to myself. Please circulate this seepage investigation memo to anyone at the city that you think would be interested or should have the information. The seepage investigation included: 1) IJater level analysis for several lakes in Anoka County thatIJere geologically similar to Round Lake, 2) comparison of precipitation. and temperature records for the area, 3) analyzing pumping records, groundwater modelling, and a comparison of groundwater flow to evaporation.~ The study concluded that Round Lake acted similar to the other lakes in the Anoka sandplain, that these lakes responded due to the drought, the timing of the pumping does not match the rapid decline in lake levels, and that the most likely cause of the sharp water level decline is evaporation and the overall decline of water levels in the aquifer. If you have any further questions regarding this investigation, please feel free to contact me. :- ) Sincerely, , I, I. I. i: .' , ~1Inr Tom Hovey Area Hydrologist ,) Tl47:kap cc: Glen Yakel, St. Paul Waters Peter Rauen AN EQUAL OPPORTUNITY EMPLOYER (?). .- . , - J. rT ~M,-'jl -W$;-, ~ ~/ I,.:,L I. ~~ 1+_ ; , I , '7 I -r= ' _ ';[) ~'5 V v;1 J -;' t::-' -=- _ ,L' H_~ '_ (( , "" I -. ~- -:". "l" _ , , , , " -. -;- .' ,4 '/ 3 i- ,,', , , f-- _ '", '-- /NP~'lIA~ "MEA~ljWS' 0 ~ " ,. I 10' , ( I, \,' ' , , , I' I i - " '=r;;;; , ' , H- -~-'-~€~~4.!9-L---___>/>, vl-~r" ~ I-,,f /, /, . ' " I ~ [< ,'" ,........, 7 I~_ " < ~, \ '... ~ ii, I ~i'Li.;-, A ,Ie.. I~\~'~ " -D1 G ,l:~_ 1W-- 'ii: 4 - ' 'i ---- i " , Iii' fli_:r, 1 16 ~ ,d_..&:~ll_:_~ f) ~~--=E~='~-_- ~!l}~-tt~..",..:-~.~Jt&'~('----'" '--.~ --';~'~~;;:~:I~': '2-?":-f..' __:8.,=-_ :gd ~~,I!:"'- --T)::--~-------" h_....__ - ". ..)..' '3 ,!---;- , ~ ,::1 ~ LAKESIDE '.' n_ _ I '" 13 \I~r- p~ 2 ~ ~;~ . {. . .;. i~tl': ',.' ,I., ' ~ ;; \" i' , )i )iN/' ""',cO> I ,&.' ~ ',' -J ~ I".) " , 'I ~ :tr'; 4' . . 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'1. ~!-!11 ,f~'" "" '-"', r- i ;' ~%~' , - ~If?i~ <,,7<.........,..~. __ ,,~f" , Esr;r'isS ! - T '/11'1 / l:__"";,,,.~~ ___-.-- -., \ ' k-~, :1 "I'I"AOU"~C'/,. 0'. '" I 1 II I ~ ,IWAl(t'fno- .. "', tlO I '- EEE . V;A - . 2NO.I'Z'I'ADQ' ~- "P- I I 1 I -+ ~~~. - 000 I -9~1 ! 1 ,..:.t/ ;11"oN~i : ~ ~~-{.. I I " ,~,. -'/,"^-..!~ '... .. (,\'." ~ r-; . 17/1TP= . 'QU/CKST-*OAiI -I- ~ I :~ SM/t~ \ +11f:!?(!?q~I' -1- ''7 I ol' J.:.. . 1.'1,..1,1.1:1.1.1_';;;' ...,~' I , ....:::::==:J i I:I1IT" .6vt-.... 11- , f' I I ! In 1-: J './ .~ - I , I I 1 I , I I I '~----------- , / I -~\'~ , ' , " \\ 'AD NO. 1/6 ~ >&~ 20 32 24 31 0003 Owner/Occupant 3640 - 152nd Lane NW Andover, MN 55304 . '32 24 44 0002 G.. .{e r /Occupant 14964 Round Lake Blvd NW Andover, MN 55304 29 32 24 13 0010 Owner/occupant 14554 Round Lake Blvd NW Andover, MN 55304 29 32 24 24 0005 Owner/Occupant 3615 - 145th Ave NW Andover, MN 55304 29 32 24 24 0013 Owner/Occupant 3645 - 145th Ave NW Andover, MN 55304 29 32 24 24 0002 OMner/Occupant . )l - 145th Ave NW Andover, MN 55304 29 32 24 31 0079 29 32 24 31 0001 Owner/Occupant 3753 - 145th Ave NW Andover, MN 55304 29 32 24 23 0001 Owner/Occupant 4151 - 141st Ave NW Andover, MN 55304 29 32 24 22 0004 Owner/Occupant 14791 Blackfoot st NW Andover, MN 55304 29 32 24 22 0004 Owner/Occupant 3940 - 149th Ave NW Andover, MN 55304 i 20 32 24 44 0001 Owner/Occupant 15036 Round Lake Blvd NW Andover, MN 55304 29 32 24 1t 0005 29 32 24 1~ 0011 Owner/Occupant Anoka parkf and Rec Dept. 550 Bunker, Lake Blvd. Andover, MN 55304 29 32 24 13 0024 Owner/Occupant 14536 Round Lake Blvd. NW Andover, MN 55304 29 32 24 24 0011 Owner/Occupant 3625 - 145th Ave NW Andover, MN 55304 29 32 24 24 0016 Owner/occupant 3655 - 145th Ave NW Andover, MN 55304 I 29 32 24 2~ 0003 Owner/Occupant 3723 - 145th Ave NW Andover, MN 55304 29 32 24 32 0003 Owner/occupant 14348 Xenia st NW Andover, MN 55304 29 32 24 23 0002 JBH Round Lake Dev. Co. 4550 Central Ave NE #1424 Columbia Heights, MN 55421 29 32 24 22 0002 Owner/Occupant 14821 Blackfoot st NW Andover, MN 55304 I Tom Hovey ! Area Hydrofogist MNDNR 1200 Warner Road st. Paul, MN 55106 20 32 24 44 0003 Owner/Occupant 15012 Round Lake Blvd ~ Andover, MN 55304 Peter Rauen 4110 - 147th Ave NW Andover, MN 55304 29 32 24 13 0001 owner/Occupant 14440 Round Lake Blvd N Andover, Mn 55304 29 32 24 24 0012 Owner/Occupant 3635 - l45th Ave NW Andover, MN 55304 29 32 24 24 0015 29 32 24 24 0001 Owner/Occupant 3701 - 145th Ave NW Andover, MN 55304 29 32 24 24 0004 Owner/Occupant 3739 - 145th Ave NW Andover, MN 55304 29 32 24 32 0004 Owner/occupant 14340 Xenia st NW Andover, MN 55304 30 32 24 11 0011 Owner/Occupant 4050 - 147th Lane NW Andover, MN 55304 29 32 23 22 0003 Owner/Occupant 14865 Blackfoot st NW Andover, MN 55304 Ken Slyzuk 15211 Nightingale st Andover, MN 55304 \ ".-J ~ STATE OF lM~rn~<Q)U.% ^ DEPARTMENT -! ) /~" / (__I:: )?}/,h.l./1.~~ ~ vD 0:'. /./;,~:..., /j- P -/-1-. ___J.-' / ! / ,~." " '--'--.;) , OF NATURAL RESOURCES PHONE NO. METRO REGION WATE...~ - 1200 WARNER ROAD, ST. PAUL, MN 55106 ALENe. 296-7523 DNR PROTECTED WATERS PERMIT APPLICATION NUMBER q 1- 6/~L _ _ '0_ DATE, 2/ Z 'i3" / '1~QfIEST FOR REVIEll AND COMMENTS P _ C f nrtD.' , TO, '(Nfipr;?Jl,ubr<<~~:r;';;':4;;J~? ~ 'I M,~R 4 1991]: !(;t(7/t.J. &. 5 tuC[) - Pe<.+ VZ~,,114 CITY OF /\NDOVER Ct'crn Cree} fiJSD - 17V1-t. Ke/lr . FROM: TOM HOVEY, AREA HYDROLOGIST WATERS AFFECTED: '5 fA r~ c..-e- 1..0 e::L+ e.~ '1 Y"\ Pr~v~te J:+c~e~ a-V1..,J ) PROJECT SPONSOR: ~eV\ ;e-+~ s~ c u.k. NATURE OF WORK: p ""- W'- P w-a.-+ e r -P~ aM. ~ f ~ J,' fc.. ~ ""t 0.. r-zv+~ o-f 2 ~~oo j' p"",-. P"'-"""f ~5 C>f'-e-r-a..+-eJ b .... -1-,''''''-er- a..,J (}'- -9lotd- s'-U~+c.~. D~~e... f~~""-+ 1;5 c.aa-11 Cree.k. Pt.A-l'p ~ ~c:: ~~ +0 c.o-Y\+ro{ CJ,j~f~ r- 1 I lJ --. '-1 e.Ve..$ iV\. t1-..j r':-c,^- t""U.I~ l {};JJ ; COMMENTS DUE BY: , , ./ "5 b J~ 5 ~ ffev -re.c..e./pi. JOOO AN EQUAL ~;>pn~TtJNITY clAPI (lyc=< ,,) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE FOR ITEM SUP-Robert Bendtsen NQ Gun Sales & Repair Sho ,:z. 1714 Bunker Lak ORIGINATING DEPARTMENT /) Planning '--~ David L. Carlberg City planner BY: AGENDA SECTION NQ Discussion Items / REQUEST The city Council is asked to review the Special Use Permit request of Robert Bendtsen to operate a gun sales and repair shop at the following described property: Lot 3, Block 1, pankonin Addition (1714 Bunker Lake Boulevard NW) APPLICABLE ORDINANCES Ordinance No.8, Section 5.03 regulates the Special Use Permit Process. Ordinance No.8, Section 7.03, establishes thoses uses allowed by special use. In an Industrial District, retail trade and services 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. GENERAL REVIEW The gun shop will be operating from an existing 28' x 42' building, which at this time is vacant. The property owner will not be making any alterations to the building. Since no firearms will be discharged on the property, possibly endangering occupants of the surrounding lands, the proposed use should not have a detrimental effect. COUNCIL ACTION MOTION BY " "- '-/ TO SECOND BY ~) page Two special Use Permit - Robert Bendtsen March 19, 1991 Planning & zoning Review The Planning and Zoning Commission, at their February 26, 1991 meeting, recommended approval of the Special Use Permit with conditions. Attached for your review are the minutes from the meeting which reflect those concerns and conditions. Recommendation Staff and the Planning & zoning Commission recommend the City Council approve the Special Use Permit request of Robert Bendtsen to operate a gun sales and repair shop located at 1714 Bunker Lake Boulevard NW (Lot 3, Block 1, Pankonin Addition) Attached is a proposed resolution for your review and adoption. \ " ~ ,.J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -91 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF ROBERT BENDTSEN TO OPERATE A GUN SALES AND REPAIR SHOP LOCATED AT 1714 BUNKER LAKE BOULEVARD NW (LOT 3, BLOCK 1, PANKONIN ADDITION). WHEREAS, Robert Bendtsen has requested a Special Use Permit to operate a gun sales and repair shop located at 1714 Bunker Lake Boulevard NW (Lot 3, Block 1, pankonin Addition); and WHEREAS, the Planning & 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; 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 & zoning Commission to allow Robert Bendtsen to operate a gun sales and repair shop on said property, with the following conditions: 1. The Special Use Permit will be subject to annual review and site inspection. Adopted by the City Council of the City of Andover on this 19th day of March, 1991 CITY OF ANDOVER ATTEST: Kenneth D. Orttel, Mayor Victorla Volk, City Clerk '\ '---./ ~~ fjfA'" '..... .\ 1 '_J~/ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N,W. . ANDOVER. MINNESOTA 55304. (612) 755-5100 PLANNING AND ZONING COMMISSION MEETING - FEBRUARY 26, 1991 MINUTES The Regula. BI-Monthly Meeting ot the Andove. Planning and Zoning Commission was called to o.deL by Chal.peLson Ron FeL.is on FebLuaLY 26, 1991, 8:01 p.m., at the Andove. City Hall, 1685 C.osstown Bouleva.d NW, AndoveL, Minnesota. Commissione.s pLesent: Becky Pease, Bonnie Dehn, Bev Jovanovich, Randal I Peek Steve Jonak, Ma.c McNullen City Planne., David Ca.lbeLg; City Zoning Administ.atoL, d'A.cy Bosel I; and otheLs Commissione.s absent: Also p.esent: APPROVAL OF MINUTES FebLua.y 12, 1991: Page 2, Item 6, change to cla.ity, "...pe. o.dinance detinition, a va.iance would not be needed because the setback would be within the .equi.ements ot the "side Ya.d", and it would also meet .ea. ya.d setback .equi.ements." Page 3, VOTE ON MOTION: "Commissione. Jovanovich st.ict inte.pLetation ot Cla.ity Commissione. Jovanovich's statement, voted no because she didn't teel it met the the o.dinance." MOTION by Jovanovich, Seconded by Dehn, to appLove the FebLua.y 12, 1991, Minutes with those changes. Motion ca..ied on a 4-Yes (Pease, Dehn, Jovanovich, Peek), 1-Abstaln (Fe..ls), 2-Absent (Jonak, McMullen) vote. ~UBLIC HEARING: SPECIAL USE PERMIT -GUN SHOP. 1714 BUNKER LAKE _OULEVARD NW. ROBERT BENDTSEN Chai.pe.son FeLLIs called the public hea.ing to oLdeL at 8:03 p.m. ML. CaLlbeLg Leviewed the Special Use PeLmlt by RobeLt Bendtsen to ope.ate a gun shop on Lot 3, Block 1, Pankonin Addition, noting the applicable o.dinances and c.iteLla to be examined by the Commission in making its deteLmlnatlon. Itis an existing, vacated building. The plans aLe to make no alteLations, to use the building as is. The use actually impLoves the use o~ the building. The p.oposal comes unde. Letail tLade and se.vices, which is allowed by special use In this distLict. The Statt Lecommends app.oval ot the peLmit. RobeLt Bendtsen, 1716 Bunke. Lake Bouleva.d, paved paLklng lot in t.ont ot the building. junkyaLd by John Eme.y pLiO. to this. explained the.e is a The pa.cel was used as a '\ \,.~ ,~ Planning and Zoning Commission Minutes - Feb,ua,y 26. 1991 Page 2 <Special Use Pe,mit. Gun Shop, 1714 Bunker Lake Bouleva,d. Continued) The Commission questioned whethe, othe, ordinances limit the sale of 'guns or ammunition. Mr. Ca,lbe,g stated this is retail sales. There is a federal pe,mit p,ocess ,equi,ed. The pe,mit remains with the use of the property and is ,eviewed annually. The hearing was then opened to public testimony. Robert Bendtsen 1716 unker Lake ouleva d A dove - owns the property and pointed out how much bette, the property looks than it did befo,e and the improvements he has made to it. There wi I I be no discharge of firearms on the p,ope,ty. There being no further public testimony, Chairperson Ferris asked for a motion to close the public hea,ing. MOTION by Pease, Seconded by Jovanovich, to so move. Motion ca,ried on as-Yes. 2-Absent <Janak. McMullen) vote. MOTION by Pease, Seconded by Jovanovich, to recommend the Andover Planning and Zoning Commission recommend to the City Council app,oval of the Special Use Permit by Robert Bendtsen fo, a gun shOp located at 1714 Bunker Lake Bouleva,d. The proposed use will not be detrimental to the health. safety, and gene,al welfare to the community. It won't cause any serious t,affic congestion or hazards. It won't dep,eciate the surrounding prope,ty. . It is in ha,mony with the general purpose and intent of the Zoning Ordinances and Comprehensive Plan. A publiC hearing was held and there was no opposition received. Add a sunset clause subject to an annual .,eview by Staff. Subject to any of the normal conditions of business in that district. Subject to any building inspections as determined by Staff. Subejct to any safety inspections by appropriate Staff as Staff determines necessary. /' FURTHER DISCUSSION: The Commission asked that the Building Department make any necessary inspections of the building prior to the issuance of the permit. Since it involves the storage of ammunition, the Commission also asked that the Fire Department be informed and that the Fire Marshal make any inspections deemed necessary and make their recommendations to the Council. \ ) VOTE ON MOTION: Jonak. McMullen. Council on Ma,ch Yes-Ferris. Pease, Dehn, Jovanovich. Peek: ABSENT- Motion carried. The item is to go to the City 19. 1991. Hearing closed at 8:21 p.m. , 0,_) CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION February 26, 1991 DATE AGENDA ITEM 3. Special Use Permit Gun Shop 1714 Bunker Lake Blvd. ORIGINATING DEPARTMENT Planning ~ David L. Carlberg BY: Ci ty Planner APPROVED FOR AGENDA BY: REQUEST The Andover Planning and Zoning Commission is asked to review the Special Use Permit requested by Robert Bendtsen to operate a gun shop at the following desc~ibed property: Lot 3, Block 1, pankonin Addition (1714 Bunker Lake Boulevard NW) 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 Industrial District, retail trade and services 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. The use would provide a service to area residents. 2. The existing and anticipated traffic conditions including parking facilities on adjacent streets and land. The use would increase th~ traffic flow onto Bunker Lake Boulevard, but the parking facilities would be located on site and away from adjacent streets. The future expansion of Bunker Lake Boulevard and Hanson Boulevard will require a service road parallel to these roads. This will divert traffic from entering onto and near the Hanson and Bunker Lake intersection. ,) Page Two SUP - Gun Shop & Repair Garage February 26, 1991 3. The effect on the values of property and scenic views in the surrounding area. The use of the building on the site for a gun repair and sales shop would not decrease the property values in the area. The scenic views will be improved as well. 4. The effect of the proposed use on the Comprehensive plan The use would be consistent with the Comprehensive Plan. GENERAL REVIEW Mr. Bendtsen plans in the future to develop his property in a superior manner the~ he is requesting at this time. Mr. Bendtsen will be available at the meeting to answer your questions on future development. COMMISSION OPTIONS 1. The Planning and Zoning Commission may approve the Special Use Permit requested by Robert Bendtsen for a gun shop located at 1714 Bunker Lake Boulevard NW (Lot 3, Block 1, Pankonin Addition). 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 Robert Bendtsen for a gun shop located at 1714 Bunker Lake Boulevard NW (Lot 3, Block 1, pankonin Addition). The Commission finds the request does not meet the criteria established in Ordinance No.8, Section 5.03. 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" 11" r ./ ~ .~ '- CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 · (612) 755-5100 '1 " .../ SPECIAL USE PERMIT property Address _/7/ Lf <j$v NkL~ LJc gLvt Legal Description of property: (Fill in whichever is apporpriate): / Lot 3 Block Addi tion {kNkOtVIJ plat parcel PIN (If metes and bounds, attach the complete legal) ********************************************************************* Reason for Request 7D o~ef(;;4- ftlC\All_ JT -;--h (5 A ODQ..e.~ G V tv ~ ~ p I eus I U"t'~ c:z section of Ordinance ~ <,~ -e 5.03 Current Zoning y ********************************************************************* Signature Name of Applicant Address /Yl;J Home phone Phone ~ Date / ********************************************************************* .. i property Owner (Fee Owner) (If different from above) Address 5AN'--<:... ~ ./eQ~ ~~ ~o\..t-<- / '\ Home phone Business Phone '- -/ Signature Date ********************************************************************* J ,/ SPECIAL USE PERMIT PAGE 2 ~) 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 Amended Special Use Permit Fee: $50.00 Date paid z..-n....-q \ Receipt 1t 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 ./ F '\ '-.../J " " '--J CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 .; (612) 755-5100 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, February 26, 1991 at the Andover City Hall, 1685 Crosstown Blvd. NW, Andover, MN to review the special Use Permit request of Robert Bendtsen to operate a gun sales and repair shop located at 1714 NW Bunker Lake Boulevard (Lot 3, Block 1, pankonin Addition). 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. ~i[& victoria volk, City Clerk publication dates: February 15, 1991 February 22, 1991 , '\ '_..J GOrdO~nem- s 175l - 13 t Avenue Coon Ra d Mn 55433 IT'1ited Power Assoc. )5 Bunker Lake Blvd Andover, Mn 55304 John I% 15844 S amore street Andove , Mn 55304 . ~ -" .... - .. -' "- \~ AbC Mlnl-~corage- 13624 Hanson Blvd Andover, Mn 55304 Od.I,UJ.Y lJ....__""l.JU l657 Bunker Lake Blvd Andover, Mn 55304 Kottkes Bus Servo 13625 Jay street Andover, Mn 55304 Anoka County Courthous, Anoka County 325 E. Main St Anoka, Mn 55303 ~ d~ s ~\-.. ~ ~4 4Z<.P"-\ r I/g~ Jlw ~h.u-~ 1l1J. ~A.J / (11..... S-S"36T ,~J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION 3 . 2646 NW 133rd Lane SUP: Hagen (:j:n-Home Beautv Salm; I DATE ORIGINATING DEPARTMENT ~ Planning/Zoning ~A~\ '\V ~jJ BY: d I Arcy Bosell C 19 March 1991 ITEM NO. ::9tA AGENDA SECTION NO. Discussion Items .' The Planning & zoning Commission at their regular meet~~~ on February 26, 1991, considered the special Use Permit request of Patricia Hagen to operate an in-home beauty salon at 2646 NW 133rd Lane. After review of the materials provided and input from the applicant and staff, the Planning & zoning Commission recommends that the Special Use Permit request be granted. Attached for your review and information is the Planning & zoning Commission packet materials, the meeting minutes and a proposed Resolution for your consideration and adoption. You will note in the meeting minutes the question raised by the Commission in regard to Ordinance No.8, Section 4.30 Home occupations, in which it states that "the home occupation shall not exceed twenty (20%) percent of the livable floor area of the structure." After that meeting, William G. Hawkins, city Attorney, was contacted and was requested to review and advise as to his interpretation and application of this provision in Ordinance No.8. Attached also please find copies of that inquiry and response. Mr. Carlberg advised the Commission of this inquiry and response at their regular meeting on March 12, 1991, and as a result thereof, the stipulation that the request meet that twenty (20%) percent requirement was withdrawn. Those minutes are not yet available, however. If you have any questions, do not hesitate to contact me. I am at City Hall Tuesday thru Thursday from 8:00 to 4:30. COUNCIL ACTION . '\ '--/ MOTION BY TO SECOND BY , " 1 '. ../ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF PATRICIA HAGEN TO OPERATE AN IN-HOME BEAUTY SALON AT 2646 W~ 133RD LANE. WHEREAS, Patricia Hagen has requested a special Use Permit to operate an in-home beauty salon at her property located 2646 NW 133rd Lane; and WHEREAS, the Planning & zoning Commission has reviewed the request and determined that said request meets the criteria of Ordinance No.8, Sections 7.03 and 5.03; and WHEREAS, the Planning & zoning Commission held a public hearing at their regular meeting on February 26, 1991 and noted that there was no public input received; and WHEREAS, the planning & zoning Commission has found that the request will not have a detrimental effect on the health, safety, morals and general welfare of the Community; nor will it have a significant negative effect on property values or scenic views in the area; nor will it be in conflict with the spirit and intent of the Zoning ordinance or the Comprehensive plan; NOW, THEREFORE, BE IT RESOLVED that the city Council of the City of Andover hereby agrees with the recommendation of the Planning commission and hereby grants the special Use Permit Request, with the following conditions: 1. That the in-home beauty salon be limited to one (1) chair. 2. That the in-home beauty salon be owner-occupied. 3. That the parking requirements as set out in Ordinance No.8, Section 8.08 be met and that the surface be bituminous or concrete and the parking area not exceed an area to accomodate three (3) vehicles associated with the in-home beauty salon. 4. That the in-home beauty salon comply with the state Cosmetology Boar~ and/or state Barber Board requirements, and a copy of that license be provided to the City prior ,to commencement of said operation. 5. That the hours of operation be: Tuesday 9:00 am to 5:00 pm Wednesday 9:00 am to 9:00 pm , Thursday 9:00 am to 9:00 pm : Friday 9:00 am to 5:00 pm '-./ Saturday 8:00 am to 2:00 pm \ Page Two / In Re: 2646 NW 133rd Lane In-Home Beauty Salon Special Use Permit 19 March 1991 Said hours of operation are upon approval of the City council and any change thereto shall be reviewed by the City Council. 6. That upon sale of the premises, the special Use Permit shall terminate as set out in Ordinance No.8, Section 5.03(1)h. 7. That the in-home beauty salon shall be subject to annual review. 8. That the request is subject to the Sunset Clause as set out in Ordinance No.8, Section 5.03(D). Adopted by the City council of the city of Andover this 19th day of March, 1991. CITY OF ANDOVER ATTEST: Kenneth Orttel, Mayor victoria Volk, City Clerk "J ~'f .r"__. /9\j>--"" "'-.'>\ , \ U(;L ) ~~,.. CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304. (612) 755-5100 MEMORANDUM d'Arcy Bosell, Zoning Administrator TO: COPIES TO: FROM: DATE: REFERENCE: File planner -=PG David L. Carlberg, March 1, 1991 In-Home Beauty Salons - Attorney's Interpretation Bill Hawkins called today in regard to in-home beauty salons. He believes that if the salon is to operate from an accessory structure as is the case with the Hagens, the Special Use Permit, Section 5.03 (B) of Ordinance No.8 applies. If the operation is tc occur within the principle structure (habitable portion) such as the basement, then the twenty (20) percent rule would apply as is defined in Ordinance No.8, Section 4.30, Home Occupations. If you should have questions please contact me. DLC '\ '-J .,j .(.f(i1,.L"""c""", ., ; , 1"\ / \, ,;" . ~::-,~:-~=-,",:~.,,:;,--. CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW, . ANDOVER, MINNESOTA 55304. (612) 755-5100 27 February 1991 William G. Hawkins Attorney at Law 299 Coon Rapids Blvd. Suite 101 Coon Rapids, MN 55433 2646 BW 133rd Lane patricia Hagen In-Home Beauty Shop Dear Bill: In Re: The Planning & zoning Commission reviewed the request of patricia Hagen to convert her existing attached garage into an in-home beauty shop. The request was approved contingent upon the request meeting the 20% stip~lation set out in Ordinance No.8, Section 4.30 (B) 2, Home occupations. I spoke with Dave Almgren, Building Official, this morning about this stipulation and he disagrees with the interpretation of the Commission. It is his opinion that because Ordinance No.8, Section 7.03 allows a beauty shop by Special Use Permit, that only the provisions of Section 5.03 (B) (1) apply. Dave feels that the beauty shop is not a home occupation but is a permitted special use. call me so that I e request nee s to to be made in Thank you in advance for your assistance. Sincerely, d/~~ &dtf!~ d'Arcy Bosell zoning Administrator Attachments , " I '-../ :j Planning and Zoning Commission Minutes - February 26, 1991 Page 3 PUBLIC HEARING: SPECIAL USE PERMIT. IN-HOME BEAUTY SALON. 2646 NW 133RD LANE. PATRICIA HAGEN Chairperson Ferris called the public hearing to order at 8:21 p.m. Ms. Bosell reviewed the request of Patricia Hagen for a Special Use Permit to operate an in-home beauty salon at 2646 NW 133rd Lane. Since the public hearing notices were sent out, Staff has received two phone calls regarding the parking. The concern was the number of cars already on the lot being used by adult children. The Deputies have received no complaints regarding parking on the property. The parking available meets the requirements of the ordinance. Ms. Bosel I also reviewed the appl icable ordinances, criteria to be considered, and options. The Staff is recommending approval of the permit. Upon the sale of the property, the Special Use Permit would terminate. She is also allowed to put up a six-square-foot sign without a permit which primarilY advertises the property, and the business name as secondary information on the sign. The building modifications will be approved by the Building Department, plus there are certain requirements that must be met by the State prior to their issuing a license. Patricia Hagen, 2646 133rd Lane NW, explained the garage wil I be modified into the beauty salon. Chairperson Ferris raised the question of the size of the shop relative to the 20 percent requirement in the ordinance, which means the shOp shouid not exceed approximately 193 square feet. The proposal shown exceeds that amount. Greg Olson, 2646 133rd Lane, stated the size of the shOp could be reduced. He said they will stay within the 193-square-foot requirement. Chairperson Ferris also stated in viewing the property, there is a large parking area to the rear, which he felt is more than sufficient. The only problem may be at the narrow portion by the garage. If customers park in the rear and the narrow portion is not blocked, he didn't think there would be a problem. There is also enough turnaround space so cars can drive forward into the street: however, because it is at a cui de sac, he didn't think traffic would be a problem. Mr. Olson stated there is parking space for seven cars. Ms. Hagen stated two of her children have moved out, and another one is leaving the first of the month. So the only inidividuals with cars wil I be Mr. Olson and herself. ~ The hearing was opened to public testimony. There being no public testimony, Chairperson Ferris asked for a metier to close the public hearing. Planning and Zoning Commission ,) Minutes - February 26. 1991 " Page 4 (Public Hearing: Special Use Permit. In-Home Beauty Salon. 2646 NW 133rd Lane. Continued) MOTION by Pease, Seconded by Jovanovich, to so move. Motion carried on a 5-Yes. 2-Absent (Jonak. McMullen) vote. MOTION by Jovanovich, Seconded by Peek. recommend that the Andover Pianning and Zoning Commission recommend to the City Council approval of the Special Use Permit request of Patricia A. Hagen to operate an in-home beauty salon at 2646 NW 133rd Lane, with the following conditions: 1. The operation be limited to a one-chair salon/shop. 2. The salon/shop shall be owner occupied. 3. The parking requirements shall be as set out in Ordinance No.8. Section 8.08: shall be a bituminous surface and shall not exceed an area to accommodate three vehicles associated with this requested use. 4. The operation must comply with the State Cosmetology Board and/or the State Barber Board requirements, and a copy of that license shal I be provided to the City prior to commencement of said operation. 5. The hours of operation requested: Tuesday 9 a.m. to 5 p.m. Wednesday 9 a.m. to 9 p.m. Thursday 9 a.m. to 9 p.m. Friday 9 a.m. to 5 p.m. Saturday 8 a.m. to 2 p.m. The hours are subject to City Council approval. 6. As set out in Ordinance 8, Section 5.03, upon sale of the premises, the Special Use Permit shall terminate. 7. The Special Use Permit shall be subject to annual review. 8. The request shall be subject to the Sunset Clause as set out in Ordinance No.8, Section 5.03 (D). The proposed use will not be detrimental to the health, safety or general welfare to the community. It will not cause serious traffic congestions or hazards. It will not seriousiy depreciate surrounding property values. It is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. A publ ic hearing was held and, there was no opposition. Reference Ordinance No.8, Section 7.03 that it is permitted in all residential districts upon issuance of a Special Use Permit; Ordinance No.8, Section 5.03 (B) (i), that all the criteria are achieved; and Ordinance 8, Section 4.30, that the salon/shop not exceed 20 percent of the liveable floor area of the structure. ~) VOTE ON MOTION: Jonak. Mct'iu I I en. March 19, 1991. YES-Ferris, Pease. Dehn. Jovanovich. Peek: ABSENT- Motion carried. Item will to go the Council on Hearing closed at 8:43 p.m. CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION DATE 26 Februarv 1991 AGENDA ITEM 4. 2646 NW l33rd Lane SUP Public Hearing In-Home Beauty Salon patricia A. Hagen ORIGINATING DEPARTMENT Zoning & Planning ,'~~\ BY: d'Arcy Bosell ~l APPROVED FOR AGENDA BY: REQUEST: The Andover Planning & zoning Commission is requested to review the Special Use Permit application of patricia A. Hagen to operate an in-home beauty salon in her home located at 2646 NW 133rd Lane. GENERAL COMMENTS: The property is located on the southern border of Andover between Crooked Lake Boulevard and Coon Creek. The area is zoned R-4 Single Family Urban Residential. A map showing the location of the request is attached for your information. Public hearing notices have been mailed and to date, only one response has been received. The concern expressed had to do with a parking problem that already exists with the grown children at this home. The caller was encouraged to come to the meeting to express that concern at the meeting. APPLICABLE ORDINANCES: Ordinance No.8, Section 7.03 provides that a beauty shop is permitted in all residential districts upon issuance of a Special Use Permit (SUP). Section 5.03 (B) (1) of Ordinance No.8 sets out the criteria to be considered in reviewing said SUP request. "In-home beauty salons/barber shops shall be subject to the following: a. One (1) chair salon/rarber [shop] only. b. The hours of operation shall be approved by the City Council. , c. parking requirem~nts shall be as set out in Ordinance No.8, Section 8'.08. d. The salon/[barber] shop must comply with the State Cosmetology Board and the State Barber Board requirements. e. Not applicable - the property is served with municipal sanitary sewer. I .'_ I Page Two In Re: 2646 NW l33rd Lane 26 February 1991 ., , ) f. The SUP shall be subject to an annual review. g. The beauty shop/barber shop shall be owner occupied. h. Upon sale of the premises for which the SUP is granted, such Permit shall terminate. i. Drawings detailing the salon/shop shall be submitted at the time of the request for the SUP. j. Not applicable (see "e" above). k. Not applicable (see "e" above). In addition to the above criteria specifically set out for in- home beauty/barber shops, Section 5.03 also provides issues of broad scope which shall also be considered. 1. The requested use has been allowed in residential districts throughout since May of 1982 with the adoption of 8Q. There are currently six (6) shops in existence in the City under the SUP process. To date, the City has not.received any complaints on these operations. As has been determined in the past, the visual impact on the neighborhood is not significant and would not have an effect on the health, safety, morals and general welfare of the neighborhood or community at large. 2. Ordinance No.8, Section 4.30 Home Occupations, states that "a home occupation shall not create the need for more than three (3) additional parking spaces on the property". Section 8.08 states that "all driveways, off-street driving, loading, parking and storage areas shall be surfaced in accordance with the standard s ecifications as ado ted b the Cit ...". In other words, the par ~ng area s a ave a ~tum~nous surface. Based on the one (1) phone call received from an area resident, I checked with Deputy Albertson of the Anoka County Sheriff's Department, Andover Substation. He advised that his records do not reveal any complaints, in regard to parking for this property and generally have had no other complaints. In general, it has been determined that the traffic generated from a one (1) chair salon/shop does not create any significant detrimental effect on the neighborhood. \ '- /' Page Three In Re: 2646 NW l33rd Lane 26 February 1991 \ -.j 3. The effect on values of property and scenic views in the surrounding area. The Ordinance provides that any exterior alterations shall be consistent with what would normally be done in a residential district which avoids the possibility of an unusual change to the appearance which may have a negative impact on the property values and/or scenic views. The use is restricted in terms of size and hours as well as signage allowed under Section 8.07 of Ordinance No.8. with the adoption of 8KKK, the sign size has been increased to a maximum of six (6) square feet (2' x 3'). 4. The effect of the proposed use on the Comprehensive Plan. The Comprehensive Plan does not address home occupations per se, however, the goal of the City in allowing such uses to occur has been to protect the integrity of the neighborhood and still allow for limited home occupations to occur. DIRECTION: In determining the viability of the request before you, the Planning & Zoning Commission must consider and address all of the issues and criteria set out above to allow for the operation of an in-home beauty salon/shop as requested. OPTIONS: A. The Andover Planning & zoning Commission may recommend approval of the SUP request of Patricia A. Hagen to operate an in-home beauty salon/shop at 2646 NW 133rd Lane, with the following conditions: 1. The operation be limited to a one (1) chair salon/shop. 2. The salon/shop shall be owner occupied. 3. The parking requirements shall be as set out in Ordinance No.8, Section 8.08; shall be a bituminous surface; and shall not exceed an area to accomodate three (3) vehicles associated with this requested use. 4. The operation must/comply with the State Cosmetology Board and/or the State Barber Board requirements and a copy of that license shall be provided to the City prior to commencement of said operation. 5. The hours of operation requested are: Tuesday Wednesday 9:00 am to 5:00 pm 9:00 am to 9:00 pm \ " ) page Four In Re: 2646 NW l33rd Lane 26 February 1991 ~) Thursday 9:00 am to 9:00 pm Friday 9:00 3m to 5:00 pm Saturday 8:00 am to 2:00 pm The hours are subject to City Council approval. 6. As set out in Ordinance No.8, Section 5.03, upon sale of the premises, the SUP shall terminate. 7. The SUP shall be subject to annual review. 8. The request shall be subject to the Sunset Clause as set out in Ordinance No.8, Section 5.03 (D). Further, the Planning & Zoning Commission finds that the requested use will not have a significant effect on the health, safety, morals or general welfare of the neighborhood; the requested use will not negatively impact traffic or parking conditions, property values or scenic views; and the requested use is consistent with the spirit and intent of the Comprehensive Plan. And further, pursuant to Ordinance No.8, public hearing notices were mailed and published and based on that input, the Commission makes the recommendation stated above. Note: Obviously, if there is a lot of input both for and/or against, the language in the above paragraph may need to be modified to accurately reflect what happened at the meeting and the input received. B. The Andover Planning & zoning Commission may recommend denial of the SUP request of patricia A. Hagen to operate an in-home beauty salon/shop at the property located at 2646 NW l33rd Lane, for the following reasons: 1. The Commission finds that the request does not meet the criteria of Ordinance No.8, Section 5.03 (B) (1) and Section 5.03 (B). Note: The Commission would need to detail the specific reasons why the requested use does not meet the Ordinance. C. The Andover Planning & Zoning Commission may table the request for additional information or an opportunity to follow-up on issues raised at the meeting. STAFF RECOMMENDATION: Staff recommends option A as outlined above. \ '--) CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W, . ANDOVER. MINNESOTA 55304 . (612) 755-5100 SPECIAL USE PERMIT property Address;;;(ro4{, - /33rd J..;+n~ Jl!. LJ. If nd t) cJe r Legal Description of property: (Fill in whichever is apporpriate): Lot Ii) Block Addition ""<;/A.(;d(u:~~r> #/.3,/ plat ~t,Dq 3 Parcel 3;)(,~ PIN f( 33 3 a. ~ ~ t./3 O()~ 9 (If metes and bounds, at ach the complete lega )~d 7 ********************************************************************* Reason for Request ~D m e... B~a..ut{ ..sa IbrJ . #f5 Section of Ordlnance 5:03 Current zoning ~~/d~A a. ,a L (j2-~) ********************************************************************* Name of Appli cant 'Yo.:I:" r; (!: ~ <>. ft. -t-I a'ff e tV Address ;;J& tit - / r::S3 rd ,(l9nf:. ).Ju), f} /\ dOUo.Rr' I JrJn SS.9tJ<! \ Home Phone i5?- <l9q9 Business Phone ~a 7- () 9~</ (f4-$k ~l"" -rr'~J Signature ~L:"-".__,,> ~~.Eru Date ~/ //,/ '? / I I ********************************************************************* / Property Owner (Fee Owner) (If different from above) oJtUnL a, ~ Address :~) Home Phone Business Phone Signature Date ********************************************************************* SPECIAL USE PERMIT PAGE 2 ,,-) 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. .l./st: ; S Of' t3Cl<!..~ OF tA,r..;" sJ",e.ct" Application Fee: $150.00 Filing Fee: $10.00 Amended Special Use Permit Fee: $50.00 Date Paid 2/13/q J Receipt jf 37/37. h~ 0/ Of-'-\.u:~ 9 0 G 1:.-9-~- w - rA - -7 F. C;-5: S-g'-d 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 I '\ .---J , \ '-~ ~-;j ') r- ~C> " ..J\c.. ~ b ., rt ~fY' ro. >'^ .. ~ rJ: :b t~ ~ ::!> ~ ,... s..., :If'- !)' 9" jJJ ~(' 1M- ~ ~;t:. l;A:> :)~ , ~ ) ~ " '-~ .. .. ,?-o'-7 t-o t tin 'f: ~JLI0'-7 l' ~.., tI\. --.; ~ nO' ,o' /. r . if C) .o' .!::l .~ ~ <::::J) 0l w ~ (J/acl tot 01=-{: ST,.~...?:- l' ?a.t-tr:: . I., . ' III ,o' ..' 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'I, YO:-' <,\'1 5 Tt1" C.lR., ~. ~~ 'j . ...~ ....lJ,.' 114t," ," 7 l:. ~~./. ~~l,;. ~ j ",_.jI-Nt' - " . , . , , . . l.&J.. ~~ ~' -~. / "'''//1' ~ . :'1 .....,"": ~1:' 5 ':/. /' ~ ,;~t l~/~ . - -;1~'- /' / / J;' "J_,.1 ,," i' o .,/'; ;,,0 1#2,. / / /';' / /--; 3 (I) /-'!I!."- ~J<C" // ' / , " . -N.Y.. ~ i,"'''" :.. .....,.1 .;44 /,z) 1. t'i " ",,,.,# 4 (;) SUB. 5 "E AS T i ;:~ 8'80 oW 2 ~~ 3 /~ ,.,~ 5;; 6 {JfJ 1~ (JoJ l' (J1) I~ (J8) 1 J.,JJ') /;.:1 I , ....~ 7";'. N.W. ,""~' f: !' 25 241 23, , 22 21' " .. 20 ,400. ~,.,'" /~ :/~ " l'.) ~ f~ #,,.. ;.z) /"4 / ~ ci LM ~ ::i < / m N.W. ~ ~ t /6' l.&J ~ ~, / (+0) <t "4 ..J J4 - .z (4/) . ~ /'" 0: l.&J . I (42) ~ ~ , O~ .. ... /~, O. '" (+3) a:: , U' ~ "'...... ~_.J.i" A~: ' }J VB) ~ .I./ue, ,.",,",1.1 ...",_J-,,? .I'.'; f"' ...= en .. ,;1: " . 134TH AVE NW. ~ /,". , .. ~.' ." r , .. 0 (;,) <t , #../', , ,"',./ l.&J ~ j, ",../6" ~I .U~ ~ ;: 0 (H) a:: . CV....,/J K f ,J,IJJ.) . 1<1". ,:/"',0 a: <t TOWNSHIP (~) C/,.,tv.r 4I'~ ,'""" ...,. "r,..// 3 J': ....~.J .. (/6) .f.. A',..,~~ ~ ...?:"~'" ~ , A" E~E (/7) ~ &JI'-'.i r ~ A' ,&>,.,'_~ - _. 'H '# _ '" y' ,f' ~,,..; 133-RD, LANE N.W. (11) .:i LJ:J 1::.. ,~~ ;;t (.16) M""~I,,-I 4- ....:/.r"'~ ("7) 'i1/,iI~ _,f("~ ,1#.."..... II,,!'.' 15 ., ___NF_ '" (4') II (48) :' .." .'5tJ: ,ur ~ JUt" I S'I/4 CORNER SEC. 33 - .*/~.. Ji;C/!../ ",.:.;!" J:i/J ""::'.f,~~,.,.. @ " , -.../ :,J CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 CITY OF ANDOVER COUNTY OF ANORA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The Planning and zoning Commission of the City of Andover will hold a public hearing at 8:01 p.m., or as soon thereafter as can be heard, on Tuesday, February 26, 1991 at the Andover City Hall, 1685 Crosstown Blvd. NW, Andover, MN to review the Special Use Permit request of Patricia Hagen to operate an in-home beauty salon located at 2646- 133rd Lane NW. 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. {-J.-. /(# ~~(" . victoria Vo , City Clerk publication dates: February l5, 1991 February 22, 1991 ,~ 33 32 24 43 0015 Howard & Caralie G Bell 2722 NW 134th Avenue Andover, MN 55304 ~' '32 24 43 0018 Hufley & Carol J Leibold 13339 Arrowhead NW Anoka, MN 55304 33 32 24 43 0024 Ronald E & virginia Empey 2659 133rd Lane NW Anoka, MN 55304 33 32 24 43 0027 Colette M & NJ Tempel 2714 l33rd Lane Nw Anoka, MN 55304 33 32 24 43 0066 Cletus & Irene Kroll 13303 Arrowhead st NW Andover, MN 55304 33 32 24 43 0071 John L & Lisa E Meyer 13368 Hidden Ck Dr Andover, MN 55304 04 31 24 l2 0016 William & Bonnie Lofgren 2739 132nd Lane NW Coon Rapids, MN 55433 04 31 24 l2 0019 GL Johnson & CM Kroll 13243 Bittersweet NW Coon Rapids, MN 55304 04 31 24 12 0023 Richard J & Brenda L Kopp 2728 132nd Lane NW Coon Rapids, MN 55433 04 31 24 12 0026 TEW Homes Inc. 15052 Bass Lake ~ple Grove, I1N Rd 55369 33 32 24 43 0016 Donald L & Annette Y Egge 2706 134th Avenue NW Anoka, MN 55304 33 32 24 43 0022 Alfred 0 & Carol M Jensen 2723 133rd Lane NW Anoka, MN 55304 33 32 24 43 0025 Dean R & Gina L Wingness 13323 Arrowhead NW Andover, MN 55304 33 32 24 43 0028 Eugene H & Elaine E Boos 2660 133rd Lane NW Anoka, MN 55304 33 32 24 43 0068 David G Johnson 13361 Arrowhead NW Andover, MN 55304 33 32 24 43 0072 Joseph A & Jane Mulvihill 13380 Hidden Ck Dr NW Andover, MN 55304 04 3l 24 12 0017 Bryce 0 & Susan 2713 132nd Lane Coon Rapids, MN MAdams NW 55433 04 31 24 12 0020 Shamrock Builders, Inc. 11462 Robinson Coon Rapids, MN 55433 04 31 24 12 0024 Charles' W & Ruth M Rife 2716 132nd Lane NW Coon Rapids, MN 55433 04 31 24 12 0091 Delywn & Joan Lillemoen 13255 Bittersweet NW Coon Rapids, MN 55433 33 32 24 43 0017 Charles A & Karen M Byrd 13340 Arrowhead NW Anoka, MN 55304 33 32 24 43 0023 2707 133rd Lane NW Anoka, MN 55304 33 32 24 43 0026 11~/Ud Margaret A Olson ~-/q-<jl 2730 133rd Lane NW Anoka, MN 55304 33 32 24 43 0065 Dean R & Gina L Wingness 13323 Arrowhead NW Andover, mN 55304 33 32 24 43 0070 Daniel R & Diana L Berg 13356 Hidden Ck Dr NW Andover, MN 55304 04 31 24 12 0015 Eugene & Kathryn Zenzen 2747 132nd Lane NW Coon Rapids, MN 55433 04 31 24 12 0018 Ronald F & Linda Barber 2701 132nd Lane NW Coon Rapids, MN 55433 04 31 24 12 0021 August & Doris Eiynck 13231 Bittersweet NW Coon Rapids, MN 55433 04 31 24 12 0025 Timothy K & Linda Gray 2704 132nd Lane NW Coon Rapids, MN 55433 ~J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION March 19, 1991 ITEM if. Rucks Variance NO. 840 - 146th Lane NW DATE ORIGINATING DEPARTMENT Planning ~ David L. Carlberg, BY: Ci ty Planner ~~~ FOR BY: , AGENDA SECTION NO. Discussion Items REQUEST Karolyn Rucks has requested il variance to allow for the placement of an accessory structure (horse shelter) for the keeping of equines closer to the well than is permitted by City Ordinance on the property located at 840 - 146th Lane NW (Lot 5, Block 1, Barnes Rolling Oaks Second Addition). BACKGROUND The applicant is currently maintaining two (2) horses on a 2.5 acre parcel. The Equestrian Council, following up on a complaint of Ms. Rucks maintaining horses in her front yard, discovered that the accessory structure used for sheltering the horses was located closer to the well than is allowed by Ordinance No. 23C,.Section IV (C). The minimum separation as defined in Ordinance No. 23, is lOO feet. Ms. Rucks calculates the separation at 24 feet. At the Planning and Zoning Commission meeting on March 12, 1991, Chairman Ferris directed Staff to measure the separation as he felt, upon inspecting the site, the separation is closer than has been indicated by the applicant. Staff will present their findings at the meeting. In examining the variance request, the question was raised by John Bills, Chairman of the Equestrian Council, as to why Ordinance No. 23C, Section (B) and (C) are so much more restrictive than required by the State. The State currently requires a 50 foot separation while the City requires a 100 foot separation. Staff will present their findings on the above as a separate item at the meeting so as to not cloud the issue of the variance request. MOTION BY '\ 'J TO COUNCIL ACTION SECOND BY ~ -) , ~) Page Two Rucks Variance March 19, 1991 PLANNING COMMISSION REVIEW The Planning and zoning Commission, at their February 26, 1991 meeting, recommended denial of the variance request by Karolyn Rucks (See P & Z Minutes attached). RECOMMENDATION The Planning and Zoning Commission recommends to the City Council that the variance requested by Ms. Karolyn Rucks to allow for the placement of an accessory structure (shelter/barn) encroaching into the required minimum 100 foot separation from the well on the property located at 840 146th Lane NW (Lot 5, Block 1, Barnes Rolling Oaks Second Addition). Attached is a resolution for Council review and approval. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -91 \ ,~ A RESOLUTION DENYING THE VARIANCE REQUEST OF KAROLYN RUCKS FOR THE PLACEMENT OF AN ACCESSORY STRUCTURE (SHELTER/BARN) ENCROACHING SEVENTY-SIX (76) FEET INTO THE REQUIRED MINIMUM ONE-HUNDRED lOO FOOT SEPARATION FROM THE WELL ON THE PROPERTY LOCATED AT 840 l46TH LANE NW (LOT 5, BLOCK 1, BARNES ROLLING OAKS SECOND ADDITION). WHEREAS, Karolyn Rucks has requested a variance to allow for the placement of an accessory structure (shelter/barn) encroaching seventy-six (76) feet into the required minimum separation from the well on the property located at 840 - 146th Lane NW (Lot 5, Block 1, Barnes Rolling Oaks Second Addition; and WHEREAS, the Planning & zoning Commission has reviewed the request and has determined that said request does not meet the criteria of Ordinance No.8, Section 5.04 in that no hardship exists due to the unique shape or topography of the property which would preclude the property owner reasonable use of her property; and WHEREAS, the Planning & zoning Commission finds that the request does not meet the required one-hundred (lOO) foot separation requirement as specified in Ordinance No. 23C, Section IV (C);and WHEREAS, the Planning & zoning Commission recommends to the City Council denial of the variance request as it does not meet the criteria of Ordinance No.8, Section 5.04; and WHEREAS, the Planning & zoning Commissions finds that the accessory structure which was constructed by building permit was not intended to be used for the sheltering of equines; and WHEREAS, the Planning & zoning Commission finds that no building permit was acquired by Ms. Rucks for the construction of the attached shelter (lean-to); NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby agrees with the recommendation of the Planning & zoning Commission and hereby denies the request of Karolyn Rucks to place an accessory structure (shelter/barn) encroaching seventy-six (76) feet into the required minimum one- hundred (100) foot separation from the well on the property located at 840 146th Lane Nw (Lot 5, Block 1, Barnes Rolling Oaks Second Addition). Adopted by the City Council of the City of Andover this 19th day of March, 1991. CITY OF ANDOVER Kenneth D. Orttel, Mayor ATTEST: , , ) victoria Volk, City Clerk Planning and Zoning Commission \ Minutes - Feb~ua~y 26. 1991 ,) Page 5 VARIANCE: HORSES ON UNDERSIZED LOT. 840 146TH LANE NW. KAROLYN RUCKS M~. Caclbe~g explained the reason fo~ the va~iance is not because of an unde~sized lot but because of a shelte~ fo~ keeping equines being close~ to the wel I than is al lowed by City O~dinance. He ~eviewed the backgcound of the appl icant at fi~st being in violation of keeping equines in the f~ont ya~d on a pa~cel of th~ee ac~es o~ less. She has since met that ~equi~ement. The violation at this time conce~ns the requi~ed 100-foot distance between a shelte~ fo~ equines f~om a well. The wel I is located 24 feet f~om the shelte~. enc~oaching into the ~equiced setback by 76 feet. The house was built in 1979. In 1984. the 28x38' accessory st~uctu~e was built without the lean-to. At a futu~e time a lean-to was added to the st~ucture without a building pe~mit. The Building Depa~tment will dete~mine whethe~ a pe~mit was needed. The p~ocedu~e fo~ afte~-the-fact pe~mits is to pay twice the cost of the bui Iding pe~mit. Dave Almg~en. City Building Official. did not have a p~oblem with the location of the lean-to to the well. M~. Ca~lbe~g felt the biggest conce~n is the potential fo~ we! I contamination. The City Atto~ney has advised the~e is no liability on the pa~t of the City fo~ g~anting the va~iance should the well become contamined in the futu~e as a ~esult of that existing shelter if at the time of the va~iance the we! I wate~ is not contaminated. Ms. Rucks had he~ well tested about 1 1/2 years ago, and it was not contaminated. The Staff is recommending app~oval based on the fact that it is existing and there has not been a p~oblem with it. The~e a~e only two ho~ses, and the o~dinance only allows a maximum of three: so the~e should not be a la~ge manu~e-management p~oblem. A stipulation could be added to.~equi~e the wate~ to be tested annually. John Bills, Chai~pe~son of the Equest~ian Council, ~ecalled the October 2, 1990, discussion with the City Council and M~. Aimg~en ~esulted in the code stating manu~e pits and feed lots we~e considered hazardous when in close p~oximity to the wells. Regarding accessory buildings or hocse pastures, there would be no problem. That was the final word when the o~dinance was passed, and the Equestrian Council had no problem with the request. Also, it would be a great hardship to move the bui lding because the ground severely slopes f~om It. All runoff is away from the wel I to the back of the lot. Ka~olyn Rucks, 2646 133~d Lane NW, stated the well is 138 feet deep and is located between the barn and the attached garage. It is a buried pump. No water lines run to the barn, nor is there an outdoor faucet from the well. The area around the well is not pasture. She said the wel I was tested 1 1/2 years ago by CuI ligan. and eve~ything was fine. Ms. Bosel I noted the jurisdiction of wel I testing has been taken over by the State. , ) ~J '\ '-J Planning and Zoning Commission Minutes - February 26. 1991 Page 6 (Variance: Horses/Separation from Well. 840 146th Lane. Karolyn Rucks. Continued) Chairperson Ferris was bothered that an ordinance was passed separating the equine shelter from a well by a minimum of 100 feet for the public welfare and safety to be sure there won't be ground water contamination. and this request varies 75 percent of that. He couldn't justify that variance. plus It's not known whether or not that well is contaminated right now. He didn't understand why public safety would be put aside because the building exists. Mr. Carlberg stated the operation is existing and has been operational for quite a period of time in this manner. and it hasn't been a prOblem. The number of horses is minimal and will not create a manure-management problem or seepage into the well and aquifer. Commissioner Pease suggested the well water be tested prior to issuance of the variance. with an annual review; and if it becomes contaminated, the operation would cease. Mr. Bills said when the ordinance was done, the separation was based on all applications. not on the density of equines. Again. when the Council approved the ordinance revision, the intent was that existing horse operations would be grandfathered in. He Interpreted the 100- foot separation requirement as applicable to new buildings. Ms. Bosell disagreed, stating Ordinance 8, Section 8.19 has always had that separation requirement in it. She thought the issue was the conversion of a lawfully existing building to an unlawful existing use. Mr. Bills again noted the discussion was on how to deal with the numerous violations. The Intent was not to ask everyone to come in with a variance request but to grandfather them in. He also asked the Commission to look at what Is a manure problem. There is a difference between what they are seeing as a problem and the definition of the State Health Code versus the way it was discussed with the Council. Chairperson Ferris argued Ordinance 28 complies with Ordinance 8: and it had been a requirement long before this property was developed. He felt the variance was required at the time the barn was placed in that location. He again said the.lssue is that of publiC safety. asking if a mistake was made in the ordinance which should have instead required greater setbacks from wellsfibased on equine density. He didn't know if by testing and finding contamination that the City Is upholding public safety. To him a 75 percent variance is critical. ,_J There was also some discussion on other locations on the lot in which the lean-to could be placed. Ms. Rucks stated it was built four year~ ago on the south side of the barn because it offers the greatest protection. She has had horses for eight years. Prior to the lean-tc she would put them in the barn only during inclement weather. In looking at the possible places to put the lean-to. no specifiC location was agreed upon. though some Co~missioners indicated a smaller variance in setback would be looked upon mOLe favorably. \ ,-_.J Planning and Zoning Commission Minutes - February 26, 1991 Page 7 (Variance: Horses/Separation from Wel I. 840 146th Lane, Karolyn Rucks. Continued) MOTION by Jovanovich, Seconded by Pease. that the Andover Planning and Zoning Commission recommend to the City Council disapproval of the variance requested by Karolyn Rucks to al low the placement of a shelter/barn for the keeping of equines encroaching 76 feet into the required minimum lOa-foot separation from the wel I on the property located at 840 146th Lane NW, Lot 5, Block 1, Barnes Rolling Oaks Second Addition. The Commission finds that the proposal does not meet the strict requirements set forth in Ordinance 8, Section 5.04. The Commission finds that no hardship due to the unique shape or topographY of the parcel exists and that the landowner would not be precluded reasonable use of the property. Because it is encroaching 76 feet within a lOa-foot separation per Ordinance 23, Section IV, which is designed to protect the public safety. That the existing structure which is there was placed in under a building permit for reasons other than sheltering animals. That the lean-to that is now attached to the building was added after that without a building permit, and thus there has been no City authorization for that structure to shelter animals. FURTHER DISCUSSION: Commissioner Pease was not sure that the intent of the revised Equine Ordinance was to review existing situations and completely disallow them or "non-grat:\dfather" them. It was known that there were violations and that some of the variances would need to be accepted. She would be more inclined to recommended the variance be granted with the condition of testing the water now and an annual review for contamination. She questioned what the City intends to do with al I the other horse owners who are out of compliance with the new ordinance. Commissioner Peek stated those out of compliance need to be looked at in terms of public health. The potential contamination of the well directly affects the environment and public health. Chairperson Ferris thought if an expert opinion is sought regarding the likelihood of contamination based on equine density, the Commission should ask the Council to look at the reasonableness of this separation requirement in Ordinance 23. He also didn't know if the City can legally grant a variance if the lOa-foot separation is a State requirement. '- ) VOTE ON MOTION: YES-Ferris. Dehn, Jovanovich, Peek: NO-Pease: ABSENT-Janak. McMullen. Motion carried. Commissioner Pease didn't bel ieve the intent was to cause people hardship when the ordinance was revised. Item wil I to go the Council on March 19. 1991. ..;) CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION AGENDA ITEM 5. Variance, Rucks 840 - 146th Lane NW Shelter Separation From well DATE ORIGINATING DEPARTMENT Planning ~ David L. Carlberg BY: Ci ty Planner February 26, 1991 APPROVED FOR AGENDA BY: REQUEST The Andover Planning and Zoning Commission is asked to review the request of Karolyn Rucks to allow for the placement of an accessory structure or shelter for the keeping of equines closer to the well than is allowed by City Ordinance. APPLICABLE ORDINANCES Ordinance No. 23, Section IV states that the shelter setback shall be a minimum of one hundred (100) feet from the well or the habitable portion of the dwelling, unless state Health Code requires a greater separation. Ordinance No. 23, Section XI states that the city Council may grant a variance from the requirements of the Ordinance only if the variance does not adversely effect adjacent property owners and/or the spirit of the Ordinance. Ordinance No.8, Section 5.04 sets the criteria for granting a variance. PLANNING REVIEW The applicant has been maintaining two (2) equines on the lot. The applicant had been maintaining the equines within the front yard. According to Ordinance No. 23, Section V, no equine shall be maintained in the front yard on parcels of three acres or less. The Equestrian Council has informed the applicant that the horses must be maintained in the rear yard. The applicant has agreed to meet that requirement. I / The applicant is also in vioYation of Ordinance No. 23 concerning the required distance the shelter for the equines is placed from the well. By Ordinance, the minimum distance between the shelter and well is one hundred (100) feet. The well is located twenty- four (24) feet from the shelter (barn) and encroaches into the required setback a distance of seventy-six (76) feet, hence the need for the variance. ,~/ Ordinance No.8 allows the City to grant a variance to the requirements of Ordinance No. 23 using the following criteria. The Planning and Zoning Commission should review the request using the following criteria: . '\ . ,J Page Two Rucks Variance February 26, 1991 1. Does the strict interpretation of the Ordinance cause practical difficulties and/or unnecessary hardships to the property owners? The applicant would be required to move the shelter or barn to meet the required separation as defined in Ordinance No. 23. This would be an economic hardship and does not meet the definition of a hardship as defined in Ordinance No.8. 2. Is the hardship caused by the unique physical features of the land, including shape or condition of the parcel? The southern portion of the property is a wetland or lowland. However a shelter could be constructed on the property meeting the minimum separation requirements. 3. Will the variance be detrimental to the public welfare? The variance could cause health problems to the applicant if the well water were to become contaminated. The applicant has informed staff that the well has been tested in the past year and no contaminants were found. The question is whether adjacent property owners will be effected if the well and groundwater were to become contaminated. 4. Is the variance necessary to allow the property owner the reasonable use of the property? If the variance was not granted, the applicant would be required to move the shelter or remove the shelter and construct a new shelter meeting the minimum requirements established in Ordinance No. 23. COMMISSION OPTIONS A. The Andover Planning and zoning Commission may recommend approval of the variance requested by Karolyn Rucks to allow for the placement of a shelter/barn for the keeping of equines encroaching seventy-six (76) feet into the required minimum one hundred (100) feet separation from the well on the property located at 840 - 146th Lane NW (Lot 5, Block 1, Barnes Rolling Oaks Second Addition) The Planning Commission finds that the proposal meets the minimum criteria established in Ordinance No.8, Section 5.04 including: the strict interpretation of the ordinance causes the hardship, the hardship stems from the unique shape, topography or physical features of the land, the variance will not be detrimental to the public welfare and the variance is necessary for the reasonable use of the property. '\ ....~ ':) \ ~) Page Three Rucks Variance February 26, 1991 B. The Andover planning and zoning Commission may recommend denial of the variance requested by Karolyn Rucks to allow for the placement of a shelter/barn for the keeping of equines encroaching seventy-six (76) feet into the required minimum one hundred (100) foot separation from the well on the property located at 840 - 146th Lane NW (Lot 5, Block 1, Barnes Rolling Oaks Second Addition). The Commission finds that the proposal does not meet the requirements set forth in Ordinance No.8, section 5.04. The Commission finds that no hardship due to the unique shape or topography of the parcel exists and that the land owner would not be precluded reasonable use of the property. C. The Andover Planning 'and Zoning Commission may table the item. STAFF RECOMMENDATION staff recommends Option *1. I I I........ ~~~---+-----I 1- '.J' I -~~~ ': '~I ____ I ".... I I -- l" --'" ----I I I I I I I I I I I i: __L_ II , 1, 1- I" i '-I I r\ j ~I,I '""" -. .. &lnt IIY!..... ,~ OI$5TM.-c. 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ANDOVER, MINNESOTA 55304 · (612) 755-5100 Property Address VARIANCE R~EST hORM gC;o - IV/;; ~ vf1, JJJ , 0/ Legal Description of Property: (Fill in whichever is apporpriate): Lot t; Block Addition ~~~fu Plat Parcel PIN (If metes and bounds, attach the complete legal) ********************************************************************* Description of Request (~t1'~1!/t!--e..J .u.l,/,J <:::4 JU.iUA.a17:i, L- IMi)1U {U df JJ- I . ~ Specific Hardship ,4 ~/~ dfliu 1~ .{ ;, I /tZl!dAJ P .- / " (/ - Section of Ordinance Current Zoning Signature 0- ) ~t+~ ************************* *********************** Name of Applicant Address Home Phone ~USiness Phone e~4 --- J5.c;-'9593 Date /-- 4- '7'/ , ********************************************************************* Property Owner (Fee Owner) (If different from above) Address Home Phone Business Phone J Signature Date ********************************************************************* \ / , o VARIANCE PAGE 2 The following information shall be submitted prior to review by the City of Andover: 1. 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. Application Fee: Single Family - $50.00 other Requests - $75.00 Date Paid .~~M\ I Receipt ~ ~~o CRITERIA FOR GRANTING A VARIANCE In granting a variance, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission and: 1. If the City Council finds that the request if it will be in keeping with the spirit and intent of this Ordinance. 2. If it finds that strict enforcement of this Ordinance will cause undue hardship because of circumstances unique to the individual property under consideration. 3. If it finds that denying the request does not deny reasonable use of the property. 4. Economic considerations shall not constitute an undue hardship if reasonable use of the property exists under the terms of the Ordinance. ,-J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION March 19, 1991 ITEM Ordinance No. 23C NO,I Well Separation Req. I~' DATE ORIGINATING DEPARTMENT planning .~ David L. Carlberg, ~ By:Ci ty Planner AGENDA SECTION NO. Discussion Items APPROVED FOR AGENDA BY: REQUEST The City Council is asked to review and consider the intent of Ordinance No. 23C, Section IV (C), relating to the required minimum one-hundred (100) foot separation between the shelter maintaining horses and the well or habitable portion of the principle dwelling. BACKGROUND In examining the variance request of Karolyn Rucks (840 - 146th Lane NW) the question was raised by John Bills, Chairman of the Equestrian Council whether the required minimum one-hundred foot separation was too restrictive. The State currently requires a fifty (50) foot separation. The question was also raised as to the grandpa renting of those residents who were considered in violation of Ordinance No. 23C, Section IV when it was adopted on October 2, 1990. The Equestrian Council believed that those operations in existence prior to the date of adoption would not be required to meet Ordinance No. 23C. RECOMMENDATION The Council should examine the attached minutes and Section IV of Ordinance No. 23C, which establishes the one-hundred (100) foot separation between the well and the habitable portion of the principle dwelling, and determine if an amendment is necessary. COUNCIL ACTION , " MOTION BY TO SECOND BY .'.J , ,,) Acreage Number of Equines Permitted Less than 2.5 acres 2.5 acres 3.0 acres 3.5 acres 4.0 acres 4.5 acres 5.0 acres More than 5 acres None permitted 3 equines 4 equines 5 equines 6 equines 7 equines 8 equines No more than 3 equines per acre Any foal under the age of one (1) year is not considered to be a permanent part of the equine count and does not affect the number of equines permitted as set out in the chart above. Section III. Fencing & Corral Requirements: A. On all plots of land maintaining equines, there shall be thereon a secure fence or corral enclosing at least eight hundred (800 s.f.) square feet of land per equine. B. Said fence or corral shall be located no closer than fifty (50') feet from any residence and shall be of sufficient height and strength to retain such equines. Section IV. Shelter Requirements: A. On all plots of land maintaining equines, there shall be a shelter or covered structure to protect the equines from the elements. Said shelter or structure shall have a minimum roof size and living area of eighty (80 s.f.) square feet per equine. B. Said shelter shall be located no closer than one hundred (100') feet from any occupied residence. C. Unless State Health Codes require greater separation between the shelter (accessory building) and the dwelling, the shelter setback shall be one hundred (100') feet from the well or habitable portion of the dwelling, whichever is closer, and fifty (50') feet from the abutting property lines. (238, 9-06- 90) D. Shelter must be provided which protects from direct rays of the sun when temperatures exceed 95 degrees Fahrenheit, from wind, and from freezing/precipitation. Such shelter shall be structurally sound, free of injurious matter, maintained in good repair and ventilated. Section V. Yard Restrictions: , , '-J No equines shall be maintained, except in the rear yard, for plots of land three (3 a.) acres or less, without review by the Equestrian Council and approval by the City Council. Paqe 2 , ) . -"..- , , \ '-J Regula. City CouncIl Meeting MInutes - Septembe. 4, 1990 Page 4 (Woodland Development/P.oblem of Geese at the Golf Cou.se, Continued) Council discussed the suggestion of hunting but was lea.y of it because of the su..oundlng..esidential and ccmme.cial a.eas. The Mayo. noted the DNR has ag.eed to help trap the geese. Though the Council empathized with the p.oblem, they opposed the use of fi.ea.ms in that area and suggested Instead that the geese be trapped as soon as possible. No fu.the. action was taken. LEET VARIANCE Chai.pe.son Pease .eviewed the Planning Commission's .ecommendation to deny the variance request of ,Ca.ol and Randy Leet to const.uct a ho.se barn closer to their .esidence than the 100 feet .equi.ed by the ordinance. A lengthy discussion ensued on the findings of the Planning Commission and Staff, as they felt the land is such that the barn could be moved to 100 feet from the residence. Discussion was also on the logic fo. the setback distance f.om the house and on the background and intent of Ordinance 8 and O.dinance 23, the Horse Ordinance. Ms. Basel I noted O.dinance 8 has the language "lOa feet or more f.om any othe. occupied residence..." Councl I noted that that wo.dlng seems to Imply f.om nelghbo.lng houses, not the applicant's house. Ms. Bosell continued that O.dinance 23 was adopted afte. O.dinance 8 and states ~...shall be located no closer than 100 feet f.om any occupied .esidence." Council questioned whethe. the Ho.se OrdInance wasn't Just taken from Ordinance 8 and the wo.d .other" inadve.tently left out. '~a.ol Leet - explained the difficulty of moving the horse ba.n to 100 feet from the house and garage because of the low spot and the many trees. She disagreed with Staff's comment that only a little amount of grading would be needed to build in that low split. They had a landscaper begin grading with a bobcat, but they gave up because it will still be low by pushing the dirt around. And she did not want the barn built in a low spot because of the potential water that would run into the barn causing a prOblem fo. their horses. Their landscaper also estimated it would take 20 city dump trucks to fill that low spot to make it level, an expense she did not want to incur. She was convinced that it would change the drainage, which would also affect her. neighbors. They, do not want to build it beyond the low spot In the event they would want subdivide their land Into 2 1/2-acre lots. Their intent to moving to Andover was to be In the country; half of their neighbors have horses; she has worked with ho.ses. fo. more than 20 years. Mr. Haas stated he viewed the site three times, and it is still his opinion that the low spot needs only minimal grading with only 1/2 to 1 1/2 feet to fll I and that there Is mo.e than enough fill on site. He felt they could meet the ordinance lOa-foot requi.ement and build the barn without a variance. '\ j Regula. City Council Meeting Minutes - Septembe. 4, 1990 Page 5 (Leet Va.iance, Continued) Ms. Leet - disag.eed, stating he. landscape. said it was mo.e than 1/2 o. one foot to be fiiied. Tim Flande~ - .ealto~, challenged M~. Haas/s calculations noting the iandscape~ has been in the business fo. many yea~s and is knowledgeable in the a~ea of fill. Jack McKelvey - stated the Leets a~e his neighbo.s, and the ba.n. would be built even with his ba.n and is back fa.the. than the ba~n to the no~th of them. Thei~ house was allowed to be built without facing a st.eet and sets back quite a ways. The house has a 22-foot ga~age to the east, which is not an occupied dwelling. If the ga.age is not counted, the setback of the p.oposed ba~n,would be mo.e than 100 feet. Council then tabled the discussion until late. in the meeting to al low Ms. Bosel I to ~esea.ch the intent of the o.iginal d.aft and amendments to the Ho.se O.dinance '~ega.ding the 100-foot setback. This was discussed again late~ in the meeting. HIDDEN CREEK EAST 3RD FINAL PLAT Atto~ney Hawkins stated he has not yet ~eceived the title no~ completed the Development Cont~act. MOTION by O~ttel, Seconded by Pe~~y, the Resolution app.oving the Final Plat of Hidden C.eek East 3~d Addition as p~esented subJect to ,all the conditions Numbe~ed 1 th.ough 7 listed on the Staff Memo dated Septembe~ 4, 1990.. (See Resolution R122-90) Motion ca~.ied unanimously. AWARD BID/IP90-5/HIDDEN CREEK EAST 3RD MOTION by Knight, Seconded by Jacobson, accepting bids and awa~ding cont.act fo. P.oject 90-5 as p~esented, awa.ding bid to Mille Lacs Cont.acting in the amount of $87,390.70 as low bidde~. (See Resolution R123-90) Motion ca..ied unanimously. , ; ACCEPT EASEMENT/HIDDEN CREEK EAST 3RD MOTION by Jacobson, Seconded by O.ttel, to so move. (Quit Claim Deed giving the City easement on the unplatted pa.t of the development of Hidden C.eek East 3.d fo~ a wate.main loop between Lots 26 and 27 off Swallow St.eet NW). Motion ca.~ied unanimously. .--J "- '- ) Regula~ City Council Meeting Minutes - Septembe~ 4, 1990 Page 6 LOWER RUM RIVER PERMITTING PROCEDURE The Council discussed the philosophy of the City ~eviewing p~ojects in-house ve~sus the Wate~ Management Boa~d doing that ~eview, which in effect c~eates anothe~ gove~nmental level. The Council was ~eluctant to establish anothe~ bu~eauc~atic level with possible duplication of duties and fees. M~. Sch~antz a~gued the Boa~d has the legal ~esponsibility and the liability; the~efo~e, they should be involved in ~eviewing al I the p~ojects within the wate~shed. In that way the Boa~d membe~s a~e awa~e of what is going on in all the cItIes. He also noted that the City stil I has the cont~ol and would be handling the financing. All costs incu~red would be charged back to the develope~. Council also ~aised the concern of the Joint Powe~s Ag~eement not being in compliance with the State Law given the changes made in the last Legislative session. Mr. Sch~antz stated the new laws in effect push the WMO/s to act more like watershed dist~icts and to take on more responsibility in the water quality of the districts. Councilmembe~s Jacobson and Knight p.eferred to have everything done in the City ~ather than the proposed p.ocedu~e. Councilmember Pe~~y was not in favo. of giving the management organizations more authority but also did not want to allow each of the cities to attest to thei. own p~ojects. Councilmember O~ttel stated it has to comply with the law. He noted the.e are some majo. changes coming concering wate~ quality and either the City has to take on the function or the WMO/s wili have to. He would prefe. to see the cities do it but didn/t think they could. Mayo. Elling ag~eed the WHO needs to be involved. With a majo.ity in favor of the proposal to have the WHO review projects, the Council asked that the changes made by the Legislatu~e be .eflected in the Joint Powers Ag.eement. with the item then brought back fo. further discussion. LEET VARIANCE CONTINUED , . Ms. Bosel I .eviewed he. findings .ega.ding the background of O.dinances 8 and 23 and the amendments. The ju.isdiction ove. horses was .emoved f.om the Zoning O.dinance in 1975, leading one to believe its Ju.isdiction is unde. Ordinance 23. She also showed the contou. map of the lot whIch shows a one-foot d.op between the 80 and 100-foot setback, and a two-foot drop between the 80 and 120-foot setback. Mr. Flander - stated the ga~age Is 22 x 28 feet, and he thought it is a mIstake to include it as a pa.t of the "occupied .esidence" noted in the o.dinance. It 1s an attached ga~age but technically is not pa~t of the occupied residence. ,~) ".) Regula. CIty CouncIl Meeting Minutes - Septembe. 4, 1990 Page 7 <teet Variance Continued) 'Fu.ther discussIon speculated the logic fa. the lOa-foot setback in the o.dinance may have been to create a separatIon between the barn and the well. At the time of the o.dinance, most wells we.e shallow, not the deeper ones of today, questionIng whether that amount of separation stIlI applies today. Also, when the o.dinance was adopted, attached ga.ages we.e not .equi.ed, leading one to speculate that "occupied .esidence" meant the actual habitable dwel I ing, not the ga.age. Anothe. notation was the ordinance can be interpreted to mean that othe. animals such as cows and pIgs can be placed close. than 100 feet to the house, but not ho.ses, whIch some felt Is absurd. MOTION by O.ttel that the Council app.ove the location of a ho.se ba.n for the p.operty at 15357 NW Nightingale St.eet based on the fact that the structure be 100 feet o. more from the p.operty occupied as a residence on the property not includIng the garage. Motion dies for lack of a second. Seve.al Councilmembe.s disag.eed with separating an attached garage from the house. Council then noted the Water Well Construction Code 'which requIres a well to be at least 50 feet from anImal or,poult.y ya.d or building. It was ag.eed to table thIs Item to the specIal meeting thIs Thursday, Septembe. 6, to allow time for the Staff to dete.mine the location of the well and septic system on the lot. CouncIl also asked that the Equest.Ian CouncIl look at the issue of the amount of separatIon between the house and a ho.se barn. MOTION by Jacobson, Seconded by Knight, to continue this to Thu.sday ,nIght. Motion carried unanImously. AWARD aID/DUMP TRUCK MOTION by Jacobson, Seconded by Pe..y, that the City CouncIl accept the low bid for a dump truck of Hoglund Bus Company of Monticello, MN, for a 1991 International Model No. 2554 with plow, sander, and wIng as per specIfications for a total price of $61,999.34. Motion ca.ried on a 4-Yes, l-No (O.ttel) vote. Orttel stated he realizes the City Is in dIre need of another snow plow, but he believes that capital Items should be budgeted through the General Fund budget, not an overlevy. AWARD aID/IP88-35/PRESSURE CONTROL VALVE \ I '. / MOTION by Orttel, Seconded by Jacobson, a Resolution accepting bids and awarding contract for IP88-35, Water Tower II and appurtenances as p.esented,and note that the low bId Is Rice Lake'Contracting In the amount of $36,850.00, subject to the City FInance Officer certifying the'"funds exIsting In the bond Issue. (See Resolution R124-90) MotIon ca.ried unanimously. .' '\ '</ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 SPECIAL CITY COUNCIL MEETING - SEPTEMBER 6, 1990 MINUTES A Special Meeting of the Andove~ City Council was called to o~de~ by Mayo~ Jim Elling on Septembe~ 6, 1990; 7:00 p.m., at the Andove~ City Hall, 1685 C~osstown Bouleva~d NW, Andove~, Minnesota, to discuss matte~s ~elating to seve~al lawsuits. Councilmembe~s p~esent: Councilmembe~ absent: Also p~esent: Jacobson, O~ttel, Pe~~y Knight Building Official, Dave Almg~en; Rep~esentatives of the Fl~e Depa~tment; City Administ~ato~, James Sch~antz and othe~s LEET VARIANCE Mr. Almg~en ~eviewed the Staff ~ecommendation of the va~iance ~equest by the Leets which was add~essed at the ~egular meeting of September 4. Afte~ ~eviewing the o~dinances furthe~, the Staff believes that the ~equest places the barn 102 feet from the habitable portion of the st~uctu~e, which satisfies the o~dinance and requi~es no variance. The laO-foot setback was adopted in 1979 p~ior to the attached garage ~equi~ement. This is also a unique situation and one he has never had befo~e because the house faces the side of the lot, not the street. No~mally the setback would be taken f~om the back of the house; but because this house faces south, the garage is closest to the proposed location of the barn. There is no p~oblem with the proposed location of the barn in relation to the septic system and well. Council dIscussed the inte~p~etatlon of the setback being measu~ed f~om the habitable portion of the house, not from the attached ga~age. Councilmembe~s Perry and Jacobson were not comfo~table with conside~ing the attached garage as separate from the principal st~uctu~e. Mr. Almgren argued attached ga~ages we~e not requi~ed at the time the ordinance was adopted, and garages are classified sepa~atelY in the ordinance and a~e uninhabitable. Councilmembe~ O~ttel felt the original intent of the ordinance needs to be conside~ed, and that was to separate the living quarters f~om ho~se barns. \ ) MOTION by O~ttel, Seconded'by Perry, to amend O~dInance 23 to note that the separation between the accesso~y buIlding and the house is to be for health ~easons and shall be 100 feet from the well or habitable po~tion of the" dwelling, whichever is close~, unless State heal th codes ~equire a g~eate~ separatIon. DISCUSSION: Councilmember O~ttel also suggested the~e be some refe~ence in the amendment that the sepa~ation refe~s only to the home that is located on the same lot as the accessory building, not to a neighboring lot. Councilmember Jacobson was not in favo~ of revising the o~dinance without furthe~ conside~ation by the P & Z and/o~ Equestrian Council. Motion car~ied on a 3-Yes, l-No (Jacobson), l-Absent (KnIght) vote. ."- ",---",.,~,----,.":-""..~"" .--..--- ..-.' " j CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 23B AN AMENDMENT TO ORDINANCE NO. 23 RELATING TO THE REGULATION AND KEEPING OF HORSES, FOALS & PONIES WITHIN THE CITY OF ANDOVER. The City Council of the City of Andover does hereby ordain that said Ordinance is amended as follows: SECTION 1. ACREAGE REQUIREMENTS a. No horses, ponies or foals shall be maintained on any plot of less than two and one-half {2 1/2 a.) acres, (108,900 square feet). b. On any plot of land of less than five (5 a.) acres, there shall be no more than one (1) horse, foal or pony per one- half (1/2 a.) acre of land contained in said plot. c. On all plots of land maintaining horses, foals or ponies, there shall be thereon a secure fence or corral enclosing at least eight hundred (800) square feet ~er animal. Said fence or corral to be located no closer than fi ty (50') feet from any residence or ten (10') feet from any occupied residential property line; and shall be of sufficient height and strength to retain such animals. On all plots of land maintaining horses, foals or ponies, there shall be a roofed or covered structure to protect the animals from the elements. Said structure or shelter shall have a minimum roof size of one hundred (100) square feet per animal aAe-5Aa~~-ae-~eea~ee-Ae-e~eee~-~AaA-eAe-A~Ae~ee-+;GGL+-~ee~-~~em- aAy-eee~p~ee-fee~eeAee. e. Rear yard setback: No horses, ponies or foals shall be maintained, except in the rear yard as defined in City of Andover ordinance No.8. f. At the passing of this Ordinance, any person, firm or corporation who is maintaining or keeping horses, foals, or ponies within the City of Andover on the effective date of this ordinance, shall be exempt from Section 1-a, 1-b, and l-e provided there is no increase in the number of animals that are being kept or maintained. ',--~' .;-; ". .... ,- '.~..;. . ~'...'_..' ~,., _'~- "..,' ....._...:""';-;...\~.... ""." -.. '_'_-'-~-_""".-.l:'.:.t,l1.' ... . -. -- - --_.-....-~........ . . , \ ,J Page Two Ordinance No. 23B Adopted by the City Council of the City of Andover this 6th day of September, 1990. CITY OF ANDOVER James E. Elllng, Mayor ATTEST: Victoria volk, City Clerk '\ '-~ ,~ Regular Planning and Zoning Commission Meeting Minutes - September 11, 1990 Page 3 <PublIc Hearing/Metropolitan MosquIto Control District, ContInued) AdditIonal requIrements to thIs Is the parking area Is to meet the requIrements established In OrdInance 8, SectIon 8.08 and State regulatIons for handIcapped parkIng; that exIstIng storage facilIty II legallY built is to be removed within 30 days of completion of the new storage buildIngs; the proposed constructIon must have signifIcant progress made In the fIrst 12 months after approval of the Amended SpecIal Use PermIt or It will be null and void; subject to an annual revIew. DISCUSSION: Mr. Gauger explained they are not necessarily adding personnel or vehicles to the site. This will allow them to park al I their vehicles inside a buildIng, though there may be a slight increase if the demand in the area warrants it. This is a relatively small headquarters site for them. Motion carried unanimously. The item will be before the City Council at its October 2 meeting. PUBLIC HEMRING CONTINUED: ORDINANCE NO. 23 REGULATING THE RAISING AND KEEPING OF EQUINES (HORSES) Ms. Bosell revIewed the changes made to the proposed ordinance as agreed to at the August 30 meetIng and summarized the Attorney's position on several questions as outlIned in the Agenda materIal. She then noted the amended passed by the City Council at their September 6 special meeting clarifying the Intent of the lOa-foot setback to be from a well or habitable portion of the dwelling on the lot In questIons. She explaIned that after lookIng at that further, the Staff recommendatIon Is to add that the shelter be at least 90 feet from the abuttIng property lInes to ensure a separation of 100 feet from any neighboring habItable dweliing. The reason for the 90-foot setback is so the adjoinIng parcels would not be encumbered In any way. TheoretIcally a house on an adjoInIng lot could be placed at the 10-foot sIdeyard setback, but would be unable to do so and meet the 100-foot separatIon requirement If the horse shelter were placed 50 feet from the lot lIne. The hearing was then opened' for publIc testimony. John Bills. 14367 Prairie Road. Chairman of the Equestrian Council - stated his biggest concern is the 90-foot setback requirement from abuttIng property lInes. He felt It had nothIng to do with the protectIon of the horses, which is the reason a shelter Is requIred. nor with the locations of the septIc and well systems. It is not the " shelter itself that should be so severeiy restricted. '-They wIll be ,~ lookIng to manure management, etc., to prevent contaminatIon. Mr. Bills felt it is an unnecessary restriction of the land use, that It ':,~ Regula. Planning and ZonIng CommIssion Meeting Minutes - Septembe. 11, 1990 Page 4 <Public Hea.ing Continued: O.dlnance No. 23, Ho.ses) penalizes the people with ho.ses. Many of the lots a.e long and na..ow, and this could seve.ely .est.lct the placement of the shelte. o. even not allow It all togethe.. He said he doesn't have a p.oblem with the 100-foot setback f.om the house. But he saw no .eason to change the 50-foot setback f.om abutting p.ope.ty lines that Is now .equl.ed since the.e has not been a p.oblem with It since the o.dlnance was adopted In 1974. Ms. Basel I stated she would like to see those existing nonconfo.ming uses be documented with a sketch plan so In the event the shelte. Is dest.oyed by mo.e than 50 pe.cent, it can be .ebuilt in the same spot even though it is nonconfo.ming. If It is not documented and the shelte. is damaged by mo.e than 50 pe.cent, it would have to be positIoned to meet the setback .equi.ements. Pe..v Medin. 16440 Wa.d Lake D.ive - asked if a ga.age and dog kennel can be built 10 feet f.om his p.ope.ty line. Ms. Bosell stated yes. Ms. Medin felt the.e a.e the same p.oblems of smell, flies, etc., with dog kennels, yet ho.ses a.e being singled out he.e. She felt it is a matte. of favo.ing those who build big houses and pay mo.e taxes than those la.ge p.ope.ty owne.s with ho.ses. Ca.ol Almeida. 249 Constance Bouleva.d - hoped a comp.omise could be .eached between the 50 and 90 feet, noting the 90-foot .est.iction c.eates a p.oblem fa. many lots that a.e long and na..ow. She would have no place to place the ba.n on he. p.ope.ty with that .equi.ement. The CommlssIone.s explaIned the va.lance p.ocedu.e would then come Into play. It was felt va.Iances would be g.anted fa. ha.dships if it can be shown that the ba.n wIll be a distance of 100 feet f.om any neighbo.Ing habItable st.uctu.es. The o.dinance also .equi.es sketch plans fa. ho.se shelte.s on less than 5-ac.e pa.cels, so the Equest.Ian CouncIl can wo.k with them on the best placement affecting the least Impact on su..oundlng p.ope.ties. E.nest Trettel. 1412 Andover Boulevard. membe. of the Eouest.lan Council - dIsag.eed with the change f.om 50 to 90 feet, but also thought It should not apply to the .ea. lot line because exIstIng .ea. ya.d setback .equl.ements al.eady allow fa. that. Ms. Basel 1 noted the scenarIo whe.e the .back of one lot abutts the side of anothe., and the 50-foot setback f.om the .ea. could then end up with only a 60-foot sepa.ation between the shelte. and the habitable st.uctu.e. '\ '~ Renae Brodeen. 2879 161st Avenue - asked If those who meet the exIsting 50-foot .equi.ement would have to move thei. ba.ns if the 90-foot .equi.ement is adopted. She too did not feel it Is faI. that additional .estrictions a.e placed on the ho.se owne.s, when many times they we.e the.e fi.st. Ms. Basel I explained they would be conslde.ed an existIng non-confo.ming use and would be allowed, but again noting the p.oblem of .ebuilding If it is dest.oyed by mo.e than 50 pe.cent unless a sketch plan is on file. Regula. Planning and Zoning Commission Meeting Minutes - Septembe. 11, 1990 Page 5 o (Public Hea.ing Continued: O.dinance No. 23, Ho.ses) M.. T.ettel - said again the pe.son with the p.ope.ty is being penalized fo. having ho.ses because now they will only be able to place the ho~se shelte~ 90 feet f~om the lot line, yet somebody who builds a house can come within 10 feet of the p.ope~ty line. He felt it is disc~iminating against a secto~ of the public. Ms. Medin - asked that it be stated to the Council that the equest~ian community feels one way and the Commission feels anothe~ so they know it is an issue. Because of the feeling of the equest~ian community that the Commission is opposed to them. they also wo~~y about getting variances. She thought it would be ve.y difficult to get a va~iance to place a ho~se shelte. close. to the lot line. Because she is conce~ned about the va~iance issue, s~e said she may have to change he~ mind about staying in Andove~. Ms. Medin stated they p.ovide a se~vice to the community and thought the City should be conce~ned about fo.cing them out. Chairpeson Pease didn't feel they were against the~uest~ian community; but their function is to add.ess those items in the o~dinance and to protect all ~esidents. those with ho.ses. and existing and future .esidents. M.. Bills - felt an ordinance should be w~itten to minimize the numbe. of variances that would be needed. If there is already an occupied building on the adjacent lot. they should be allowed to build the horse shelte~ closer than the 90-foot setback p~ovided it is still 100 feet f~om that ~esidence. Comrnissione. Vistad felt it is bette~ to leave it at 90 feet and g.ant va.iances whe.e it can be shown that the 100-foot separation can be obtained. Ms. Almeida - has lived in Andover since 1975 and stated Andove~ does listen to va~iance ~equests and has suppo~ted the horse people. But she also feels they a~e making the o~dinance mo~e difficult than it has to be. A lot of thought has been put into the o~dinance. and she felt many of the p.oblems could be solved simply by a site plan and wo~king with the prope~ty owne~ as to what is the best thing to do. She didn't think the~e will be the problem that the Staff and Commissione~s a~e talking about. M.. Bills - again stated the position of the Equest~ian Council that the o~dinance as w~itten is good. p~efe~~ing the existing 50-foot setback to the p~oposed 90 feet. He too felt the site plan will handle the p~oblems, with the Council having the ~ight to deny o~ approve it. He pointed out the 90-foot setback is not what the Council app~oved; it is a staff ~ecommendation. At this point, Commissione~ Pease noted a definite diffe.ence of opinion of the Planning Commission and Staff and the Equest~ian Council. It was ag.eed that both points of view would be sent to the Council fo~ thei~ conside~ation. '\ 'J Regular Planning and Zoning Commission Meeting Minutes - September 11, 1990 Page 6 .~~ (Public Hearing Continued: Ordinance No. 23, Horses) ~Bills - then addressed the issue of requiring Special Use Permits for for boarding horses as suggested in Ms. Bosell/s memo. He noted the requirements as set out in the ordinance for dog kennels are not as strict as they are in the horse ordinance. The items that would be controlled by a SUP such as manure management, control of leaching, humane treatment, etc., are already covered by the ordinance. The Commissioners noted a SUP deals more with when it becomes a business such as boarding horses. Then parking and other items can be addressed. Ms. Almeida - asked what if she had 30 horses of her own, or what about circumstances where there are 30 horses be~ng boarded that are owned by 2 people, etc. She didn/t see'that boarding horses is the kind of business that parking needs to be addressed. Ms. Medin - also noted that when boarding horses, not all the owners come at the same time and often they do not stay very long. She too did not see a problem with parking. Ms. Bosell asked the difference between a horse boarding operation and a riding stable, as the ordinance already requires an SUP for riding stables. Ms. Almeida - explained riding stables are public facilities with employees, lessons, trails, high traffic, etc. There are very few riding stables left because of the high cost of liability insurance. She boards 15 horses and has never had an employee. Mr. Trettel - stated a riding stable could ride a horse four times a day and create four times the traffic. When boarding horses, the owner comes out for one or two hours on an occasional basis, then leaves. Ms. Medin - stated in some cases there may be a trainer that comes in to train the horses or someone boarding a horse might like to take lessons, but it is not even close to a riding stable. Mr. Bills - didn/t know of anyone in Andover who has a riding stable or stud farm. Commissioner Jonak asked how many horses Mr. Trettel could board. Mr. Trettel - stated up to 12,0. Commissioner Jonak was concerned about the potential problems'from a large boarding operation, I expressing some frustration/over the lack of manure management for those riding along the roads. Mr. Trettel - stated he has no provision for cleanup along the roads, other. than "Mother Nature." But he does clean the front and sides of his property each weekend. He estimated 95 percent of his boarders never leave his property and 90 percent of them never take their horses outside of the barn. :~ Ms. Brodeen - also noted there is also the concern of the riders when kids throw rocks, ride fourwheelers, shoot firecrackers, etc. The Commission took no action on a SUP for boarding facilities. Regular Planning and Zoning Commission Meeting Minutes - September 11, 1990 .:J Page 7 (Public Hearing Continued: Ordinance No. 23, Horses) Discussion was then on a suggestion from Commissioner Vistad that the site plan requirement be expanded to include all horse operations, not just those under five acres. In that way he felt those concerns about boarding facilities can be addressed by the Equestrian Council in that manner rather than with a SUP. The Commissioners also noted that for their protection, all horse owners wil I want to submit a site plan within one year to be in compliance with the ordinance, especially if the horse shelter is nonconforming. MOTION by Coleman, Seconded by Jovanovich, to close the Public Hearing. DISCUSSION: Mr. Bi 1 Is - asked about dropping the provIsIon to require three offenses before declaring the violation a misdemeanor. Ms. Bosell and the Commissioners explained it is to the advantage of the Equestrian Council to have the ability to declare a misdemeanor for the first offense if it is severe enough. They felt it gives that Council more latitude and flexibility. The procedure would be the Equestrian Council would receive the complaint, investigate it, and then advise the City Councii of the appropriate action. The Equestrian Council then agreed to that proposal as wr it ten. Mr. Trettel - was frustated over the many changes in the draft ordinance this evening when they were told last time there would be only "legal definitions" changed. Ms. Bosell reviewed those changes as outlined in the Agenda material which were from the Attorney's opinion and CouncIl action at last Thursday's special meeting. Discussion was then on the retroactivity clause, Section XIV. Ms. Bosel I again clarIfied that everyone would have to submit a site plan within one year of the adoption of the ordinance to document everything on site. Then those existing shelters that don't meet the ordinance requirements would be declared as legally existing nonconformIng uses. Section IX, Section A: It was again debated whether this should apply as stated to only plots of less than five acres or to all horse operations to give more authority to the Equestrian Council. ~ Medin - didn't want to see a change. Don Eveland. 14772 Crosstown Boulevard - stated the site plan is reviewed by the Equestrian Council, and the items to be' addressed are already incorporated into the ordinance. That Is why he did not see the need for permits. Mr. Bills - asked about the wording of accessory building versus an agra building. Ms. Bosell stated that determination is made by the Bu il di ng Off i cia I; however, agra bu i 1 dl ngs usua II y have a much lower building permIt fee. She thought all horse shelters are consIdered agr-a bu il di ngs. ,~ .:j Regula. Planning and Zoning Commission Meeting Minutes - Septembe. 11, 1990 Page 8 (Public Hea.lng Continued: O.dinance No. 23, Ho.ses) Sue Rooker. 14911 Prairie Road - was upset because she didn't feel she paid a lowe. buildIng pe.mIt fee, questionIng Just what Is beIng done. Ms. Bosell suggested she b.ing the Item to the BuildIng Depa.tment, as she does not deal with those matte.s. It was pointed out that the.e was no diffe.ence between a violation on a lot of less than five ac.es o. on one of mo.e than five ac.es; the.efo.e the pe.mitting p~ocess fo. ove. five ac.es is not necessa.y. The Commission made no change to Section IX, A. Motion to close the public hea.ing ca..ied unanimously. MOTION by Coleman, Seconded by Peek, move this on to the City Council amended in two ways: 1) in Section IV, C., that afte. the wo.d "closer" in the fou.th line, d.op the 90-foot .equi.ement, and inse.t 50 feet in its piace. 2) Section XIV, Ret.oactivity, inserting language that would exclude existing st.uctu.es, "Any pe.son, fi.m o. co.po.ation who Is maintaining o. keeping equInes within the City of Andove. on the effective date of this o.dinance shail be .equi.ed to meet all the c.Ite.Ia set out he.ein withIn one yea. exceptIng pe.manent st.uctu.es." DISCUSSION: The CommIssIone.s dIscussed that po.tIon of the motion .elating to Subsections Band C in Section IV and the intent of those p.ovisions. Ms. Bosell cla.ifIed Subsection C applIes only to the habitable po.tIon of the dwellIng on the lot in question. SubsectIon B is to apply to any occupIed residence not relatIng to the locatIon of the well. It was agreed to leave Subsections Band C as Is, though the.e was stIll opposItIon to the 50-foot setback. The Commissione.s also dIscussed the change to the retroactivity clause. Eve.yone on lots of less than fIve acres are al.eady cove.ed because they will have to obtain pe.mits; but anyone who would have a nonconfo.mIng use at the adoptIon of thIs o.dInance should be mandated to take care of the problem and submIt a sketch plan and make the City aware of theIr exIstIng nonconfo.ming use. Ms. Bosell suggested the Equestrian Council actively urge people to comply fo. their own p.otection. / CommIsione. Coleman then AMENDED HIS MOTION to drop the changes to the RetroactIvity Clause. Second Stands. '\ 'J Discussion was on Section X, Subsection C and Section XI, Subsection C, and the p.ocedure fo. pe.mits, va.iances, etc. It was ag.eed the Intent Is that the items should fIrst go th.ough the Equestrian Council. then the PlannIng CommIssIon when necessa.y. and fInally to the Counc 11 . .' . . :,) Regula. Planning and Zoning Commission Meeting Minutes - Septembe. 11, 1990 Page 9 (Public Hea.ing Continued: O.dinance No. 23, Ho.ses) Commissione. Coleman then ~MENDED HIS MOTION in Section XI, C., to add a sentence afte~ the wo.ds "...appea~ to answe. questions put fo.th." Add: "Applications .equidng .ecommendations f.om both bodies shall go to the Equest~ian Council fi~st." Second stands. The Commissione. discussed the p.ocedu.e of getting info.mation and ~ecommendations f~om the Equest.ian Council. They thought ~eceiving the Minutes of the Equest~ian Council would be sufficient. VOTE ON MOTION: YES-Coleman, Jonak, Pease, Peek, Vistad; NO-Jovanovich; ABSENT-Fe..is. Motion ca..ied. Commissione. Jovanovich stated she voted no because she p.efe..ed the 90-foot setback in Section IV. Commissione. Vistad commented he too belIeved Section IV should be 90 feet to abutting p.ope.ty lines to allow fo. futu.e p.ope.ties that will be developed and to eliminate a lot of p.oblems. Unde. Section IX, Subsection A, he believed the .efe.ence to plots of less than five ac.es should be deleted. He felt that would give bette. cont~ol when dealing with the issue of boa.ding ho.ses on the la.ge. pa.cels. He also felt the Equest~ian Council would have mo.e impact when a pe.mit is involved fo. eve.yone, not just fo. those on less than five-ac.e lots. Chai.pe.son Pease felt the.e needs to be mo.e discussion with the City Councii on the 90-foot issue. She was also conce.ned with the boa.ding of ho.ses, thinking the item of .equi~ing a SUP also needs to be discussed on the City Council level. MOTION by Peek, Seconded by Coleman, ~ecommending to the City Council by the Andove~ P & Z ~elative to SectIon IV, Shelte. RequI~ements, Item C, that In lieu of the stated 50-foot setback f~om the abuttIng p.ope.ty line that we .ecommend changIng that to a 90-foot setback to gua~d against un~easonable use of adjacent undeveloped p.ope~ty, and the 90-foot setback was a.~Ived at assuming that the adjacent undeveloped p~ope~ty with ~espect to the minimum of a 10-foot setback by o.dinance fo. a total of a 100-foot setback f~om any occupied .esidence. Motion ca~~Ied unanimously. It was also ag~eed the Council should be asked to conside~ a SUP p.ocess fo. the boa~ding of ho~ses o~ look at ~equi~lng pe~mits fo~ all ho~se ope.ations. The item will go to the City Council on Octobe~ 2 as moved with othe~ comments fo~ thei~ conside.ation. ,~ TheCcmmission .ecessed at 11:06; ~econvened at 11:20 p.m. ~) Regula~ City Council Meeting Minutes - Octobe~ 2. 1990 Page 8 (Amended Special Use Pe~mit/Met~opolitan Mosquito Cont~ol, Continued) M~. Gauge~ noted they do not have wate~ se~vice to the site, and the p~oposed const~uction wil I require them to have a sprinkler system. That would require connection to CIty water. He asked If the Council would look favorably upon a request by the DistrIct to be served with munIcIpal water, realizIng they would be assessed their proportIonate share. They would try to schedule their constructIon to the availabillty.of water. Council asked that the request come in written form. Mr. Schrantz summarIzed how the property could be servIced from the existing lInes, thinkIng at thIs tIme that It could be served. No further action was taken. ORDINANCE 23 AMENDMENT Chairperson Pease reviewed the background on the updatIng and amending of the Equine Ordinance and the involvement of the Equest~ian Council in drafting the o~dinance. She stated the proposed amendment before the Council is supported by both the P & Z and the Equestrian Council with the exception of th~ee points: 1) The P & Z and Staff would recommend the setback of 90 feet of any equine shelter from the abutting propoerty lines. They feel this would provide a minimum of a lOa-foot separation between it and any occupied residences and would guard against any unreasonable use of adjacent undeveloped property. The Equestrian Council prefe~s the 50-foot setback which Is in the draft ordinance and is no change to the o~iginal o~dinance. 2) The P & Z feels ho~se boa~ding is mo~e asks that the CouncIl consIder requIring a to what is requi~ed of kennel operatIons. dlsagrees.~ .' than a home occupation and SpecIal Use PermIt simlllar The Equestrian Council . "-" John Bills. Chairman of the Equestrian Council - felt the same thing can be accomplIshed wIth a sIte plan. The ordInance does not address the prOblems relating to dog kennels such as noise, distance f~om lot line, manure management, etc.. However, those things are addressed in the Equine OrdInance, plus there Is the Equestrian Counci I to pollee It. ,Mr. BIlls explaIned that boardIng operatIons are not at all -the Intense operatIon of rIdIng stables or breeding stables where there would be employees, trainers,. veterInarIans, etc., coming .in and out every day. TypIcally a boarding operation is nothing more than one person, several horses, and frIends or owners coming in occasionally. It is not a high traffic situation. ~J o Regular City Council Meeting Minutes - October 2, 1990 Page 9 <Ordinance 23 Amendment, Continued) Don Eveland - noted permits are not required in other agricultural pursuits on property over five acres. He also stated the reason the Horse Council disbanded was because they were never called by the City. Counclmember Orttel thought that there were few complaints. Mr. Bills - related several prOblems that the Equestrian Council has been able to resolve just by informing those involved of the ordinances and working together. Mayor Elling suggested the provisions of the ordinance be put in the Andover newsletter so residents are aware of them. Chairperson Pease continued: 3) The P & Z felt that a site plan and permit should be required for all horse operations, not just those on five acres or less as the ordinance reads. They felt that would provide more information and would avoid problems in the future. Mr. Bell - noted the 90-foot issue is their biggest concern. The horse shelter is just that, to protect the animal. It is not a storage area and is not really any different than any other accessory building. On 300-foot lots, the 90-foot setback requirement would mean the only place to put that shelter would be in the center of the lot. Ms. Bosel I explained to the Council that the pLoposal of 90 feet fLom the boundary lines is to insure a minimum of a 100-foot setback fLom any occupied structure. It is a health issue of the separation between the structure and the habitable portion of a building. Building Official Dave Almgren noted there are regulations dictating the distance between manure piles or pits and a well. He acknowledged that this setback requirement would not be required if it housed cows or other farm animals. ? _ asked how this affects lots with municipal sewer and water. Mayor Elling stated the health issues would not apply. The resident then noted the ordinance does not differentiate between private and municipal utilities. Mike Vaoale - asked how often this has become a complaint, wondering if they're spending all this time on a problem that has occurred once out of 2,000 homes. Also~on the larger lots, they need a specifiC amount of buildable property <39,000 square feet), so he couldn't bel ieve there wouldn't be other options available. The entire burden does not have to be placed on the horse owner. Councilmember Jacobson thought a property owner may choose to place the house close to one side of the lot to be able to split it at some point in the future. ~ Erni~ Trettel - felt if a horse structure is put 50 feet from the lot line and the neighboring house is 10 feet from the line, the well ~~) Regula. City Council Meeting Minutes - Octobe. 2, 1990 Page 10 (O.dinance 23 Amendment, Continued) would p.obably be on the othe. side, conside.ably fa.the. than 100 feet f.om the ho.se st.uctu.e. Councilmembe. Knight stated that assumes the st.uctu.e will be full of manu.e, which it isn/t. The well .ule is to p.otect against the contamination f.om manu.e. He didn/t think Just the building should be limited. M." T~ettel - also p~esumed that 80 to 90 pe~cent of the people who a.e eve. going to have ho.ses in Andove. al.eady live he.e. So if the o.dinance changes, the.e will be a numbe. of people who will be in violation of it. And the o.dinance as w.itten .equi.es eve.ybody to be in compliance within ~ne yea.. Atto.ney Hawkins didn/t think it was p.actical to .equi.e compliance with setback changes. Chai.pe.son Pease felt having a site plan fo. eve.yone would solve the setback p.oblem. M~" BI lIs - stated it is thei. intent to have a site plan on file and the numbe. of ho.ses, so if the~e is a p.oblem, they would be able to .esolve it. Mr. Vaaale - stated that same type of scena.io al.eady exists for setback .equi.ements in the FHA .equi.ements. M.. Almg.en stated the septic system is add.essed to the p.ope.ty line. Mr. Vaeale - stated he is not awa.e of any existing code that says he cannot put the wel I 90 feet from the p.operty line. He felt the .esponsibility is not on the pa.ty that wasthe.e fi.st, but on the pa.ty that comes in next to an existing sewe. and wate. systems. Dave Afle. - asked if they would have to did not comply with the 90-foot setback. would be g.andfathe.ed in. ask fo. a va.iance if they Mayo~ EI ling stated they Doue Asfalv - stated they we.e given a lot of from City Hall when they moved into the City. information he was given, his barn was put in erroneous information Based on the the wrong spot. M~. Bil Is - stated he too was told by Staff that his fence could be right on the property line; yet one of the first things that was pointed out to him when he brought in his site plan was that his fence was in violation of the ordinance. That/s why when they started wo.king with the ordinance, they wanted al I the facts in this one o.dinance. __, ..,.. Ann Nelson. 230 177th Avenue ~~elated a~imiliar problem about a ~ fence, be i ng to I d they cou I d bu il t it anywhere. -. They wan t someone who is mo.e aware because those people behind the desk at City Hall don/t know what is going on. :.J ) Regula. CIty Council MeetIng Minutes - Octobe. 2, 1990 Page 11 I ) <O.dInance 23 Amendment, Continued) Ranae B.odeen - stated a point b.ought up ea.ly in the discussIons on .et.oactivity is that if he. ba.n bu.ns and is ove. 50 pe.cent damaged, she would be made to comply with the new .egulations. But it seemed to he. that the conce.n with the sanita.y and well sepa.ation is an issue that has been lumped togethe. with the st.uctu.e. Councilmembe. Knight ag.eed, thinking many people have animals in a pa.t of the pole ba.n. He felt they should be dealing with soil contamination and not putting the two items togethe.. MOTION by Jacobson, Seconded by O.ttel, that the City Council app.ove the amendment to O.dinance 23C, an o.dInance .elating to the .egulation and keeping of equInes within the CIty of Andove. as p.esented wIth two changes: FI.st change appea.s on Page ,5, Section X, SubsectIon C, whe.e It p.esently .eads ..."That the Equest.Ian CouncIl shall .ecommend app.oval o. dIsapp.oval to the City Council of va.Iance .equests...", change that wo.dIng to .ead "...dIsapp.oval to the Planning and Zoning CommissIon of va.iance .equests..." Second change Is on Page 6, Section XIV, Ret.oactIvity, delete that whole section and .enumbe. the subsequent sections in the p.ope. o.de.. DISCUSSION: was on the p.ocedu.e when complaints and .equests come in. Ms. Bosell stated she would .eceive the complaint and would fo.wa.d It to the Equest.ian Council. She also explained that they did not want to c.eate anothe. level of bu.eauc.acy. Variance .equests fo. this o.dinance a.e not .equi.ed to go to the P & Z; so to expedIte the .equests uride. O.dinance 23, it was felt the .ecommendation f.om the Equest.ian Council could go di.ectly to the Council. It was noted the o.dinance as p.oposed .etains the 50-foot setback of ho.se shelte.s f.om the p.ope.ty line, does not .equi.e Special Use Pe.mits fo. boa.ding ho.ses, and does not requi.e site plans fo. those horse ope.ations ove. five ac.es. Councilmember Jacobson CHANGED HIS MOTION that on Page 4, Section 9, to clarify "...of less than five ac~es without first obtaining and" receivIng an application fo. a pe.mit..." And defe. to the maJo.ity and retain Section X, C as proposed: "The Equestrian Council shall recommend app.oval or disapp.oval to the City Council of va.iance .equests..." Second Stands. ,'DISCUSSION CONTINUED: M.. Asfalv - complained about the lack of communication to the residents, noting he never heard about most of this. He asked about- the Equest.ian CouncIl. He also asked if the site plan is in the o.dinance now, wonde.lng about the cost to the City for enfo.cement. ~:~Co~ncil noted the establishment of the Council in Section X of the o.dlnance. The CIty Council adve.tises fo. the position and appoints the membe.s from those applicants. ~ , ,J Re'gular- City Council Meeting Minutes - October- 2, 1990 Page 12 <O.dinance 23 Amendment, Continued) Mr-. Bills - explained the site plan is only for- hor-se oper-ations on five acr-es o. less. The concer-n on less than five acr-es is being good neighbor-s as far- as manur-e management, fencing, etc. Another- r-esident didn't feel enough detail has been given to managing manu.e piles. Council noted if it becomes a pr-oblem, ther-e may have to be changes made to the or-dinance to add.ess them. Ms. Br-odeen - suggested the issue of manur-e piles should be of mor-e concer-n than the location of the bar-no Council noted the setbacks for- the bar-n will r-emaln the same as befor-e. They also suggested possibly the Equestr-ian Council will want to addr-ess the methods of manu.e disposal in the per-mitting pr-ocess. It was asked that the Equestr-Ian Council look at that issue fur-ther- and r-ecommend any changes that ar-e appr-opr-iate if they find the matter- cannot be adequately handled with existing or-dlnances. Ms. Nelson - pr-efer-r-ed to see manur-e management separ-ate fr-om the Equine Or-dinance to encompass the keeping of other- animals such as cows, sheep, etc. Mayor- El ling noted that could also be handled under- the existing or-dinance r-egar-ding odor-s and nuisances. Chai.per-son Pease again asked the Council to consider- .equlr-lng a site plan for- all hor-se owner-s, not just those under- five acr-es. The P & Z feels that could avoid a lot of pr-oblems in the futur-e r-egar-ding development ar-ound them. The Council felt that most of the pr-oblems would occur- on the smaller- lots. Mr-. Almgr-en stated he r-equir-es a plot plan whenever- an accessor-y building is put up anyway. Motion car-r-ied unanimously. Ms. Bosel I suggested the Council adver-tise for- applicants to fill the one vacancy on the Equestr-ian Council. MOTION by Or-ttel, Seconded by Per-r-y, to so move. -unanimously.---' _.--- Motion carr-ied IP89-15/KIRBY ESTATES ESCROW REFUND Mr. Koolick recommended the Council refund $150.92 fr-om the plat esc.ow fund of Kirby Estates to Wayne and Kaye Smith. The assessments - for the pr-oject wer-e paid ofL' 'The City also holds a pr-ojectescr'ow of $4,425 in a CD, which he also r-ecommended be r-eleased, and a E.ading escr-ow of $4,000. The gr-ading escrow should not be released---~ until the Staff has evaluated the project to be sur-e the gr-ading is complete. They will come back with a further recommendation on that in the future. '-) ~J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION NO. DATE ORIGINATING DEPARTMENT 19 March 1991 Discussion Items Planning/Zoning ,\~J!\ ~J u APPROVED 'DFOR AGENrr: \( j BY: 1 /'- ITEM ~. 13476 Hanson Bl. NO. SUP: Andover Wheel BY: d I Arcy Bosell / ! The Planning & Zoning Commission at their regular meetin~ on February 26, 1991, considered the variance request of James and Margaret Runke, to allow them to retain and not move or remove structures which were constructed at l3476 NW Hanson Boulevard (Andover Wheel & Frame) inconsistent with the Ordinance requirements. More particularly, there were no building permits applied for and as a result, the location of the structures was incorrect, as well as the siding type used. After review of the materials provided and additional information provided by the applicants, the Planning & Zoning Commission recommendation is to deny the variance request. Attached for your review and information is the Planning & Zoning Commission packet materials, the meeting minutes and a proposed Resolution for your consideration and adoption. If you have any questions, do not hesitate to contact me. I am at City Hall Tuesday thru Thursday from 8:00 to 4:30. COUNCIL ACTION MOTION BY SECOND BY 'fa "- \J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. A RESOLUTION DENYING THE VARIANCE REQUEST OF JAMES & MARGARET RUNKE d/b/a ANDOVER WHEEL & FRAME AT 13476 NW HANSON BOULEVARD TO RETAIN AND NOT MOVE OR REMOVE CERTAIN STRUCTURES WHICH DO NOT MEET ORDINANCE REQUIREMENTS. WHEREAS, James and Margaret Runke d/b/a Andover Wheel & Frame have requested a variance to allow them to retain and not move or remove certain structures which do not meet Ordinance requirements; and WHEREAS, the Planning & zoning Commission has reviewed the request and determined that said request does not meet the criteria of Ordinance No.8, Section 9(B), Section 4.05(E), Section 5.04(0), and Ordinance No. 78; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning & zoning Commission, and denies the variance request for the following reasons: 1. The application for a Building Permit as required by Section 9 of Ordinance No.8 would have prevented the inappropriate location of the structures and the use of siding materials inconsistent with Ordinance No. 78. 2. The request does not meet the variance criteria as set out in Section 5.04 of Ordinance No.8 in that there was no hardship demonstrated based on the characteristics of the land. 3. The need for a variance was caused by the actions of the applicant and not the characteristics of the land. 4. The variance request does not meet the spirit and intent of Ordinance No.8, Section 2. BE IT FURTHER RESOLVED that prior to the issuance of a Certificate of Occupancy for the new construction which has been completed at this location, the applicant remove and relocate the lean-to on the back of the original building and the three-sided shed in the rear area within thirty (30) days and that any relocation and/or reconstruction be pursuant to applicable Ordinances. Adopted by the City Council of the City of Andover this 19th day of March, 1991. CITY OF ANDOVER ,J Kenneth Orttel, Mayor ATTEST: victoria Volk, City Clerk \ ~~ Planning and Zoning Commission Minutes - FebcUacY 26, 1991 Page 8 VARIANCE: ILLEGAL NON-CONFORMING ACCESSORY STRUCTURES, 13476 HANS8N BOULEVARD NW. MARGARET RUNKE Ms. Bosell ceviewed the vaciance cequest of James and Macgacet Runke to allow them to cetain and not move oc cemove stcuctu.es at 13476 Hanson Bouleva.d NW (Andove. Wheel and F.ame), which we.e constcucted on the p.ope.ty without building pe.mits and in violation of the st.uctu.e setbacks and siding cequi.ements pe. O.dinance No.8, Sections 4.05 and 6.02. She .eviewed the backg.ound info.mation, applicable o.dinances,and options. Staff is .ecommending denial of the .equest because it does not meet the spi.it and intent of the o.dinances. Chai.pe.son Fe..is asked about the City's liability if a vaciance is app.oved and then the Comme.cial Bouleva.d alignment went th.ough that a.ea. Ms. Bosel I noted the alignment of Comme.cial Bouleva.d is to the south. M.. Ca.lbe.g stated if the p.ope.ty owne.s a.e not willing to sell, the City would begin the eminent domain pcocedu.e to acquice the needed .ight of way. Ma.ga.et Runke, 13476 Hanson Bouleva.d, explained they came in and talked with Dave Almg.en, the City's Building Official, .ega.ding theic alte.natives. The.e was an ag.eement that the siding and setbacks would be changed. Based on that, she got p.oposals fo. new siding; then M.. Almg.en told he. she had to have doo.s. She said thece has always been something else wheneve. they t.ied to get the situation .esolved. Now they cannot get an Occupancy Pe.mit fo. the bays they const.ucted until this is .esolved, which she felt has nothing to do with this issue. Nothing was said about the st.uctuces until afte. the footings wece laid and the buildings we.e pu.chased fOe the new bays. Ms. Runke also stated the type of const.uctlon on the two st.uctu.es matches the existing buildings and the fence. If she was to upgcade those stcuctu.es to match the new building, it would not look good. Cosmetically, it looks bette. to leave it as it is than to match the new building. James Runke, 13476 Hanson Bouleva.d, explained the two st.uctu.es we.e const.ucted five yea.s ago inacco.dance to the existing code. though they did not get building pe.mits on them. They did ag.ee to the options outlined by M..' Almg.en; howeve., when they came back to him with the p.ices on the siding, they we.e told that doo.s we.e needed. They we.e not told about the doo.s p.io. to this; they have no need fo. doo.s; and he exp.essed f.ust.ation at what he felt is a neve.-ending list of demands even afte. they had ag.eed to the changes and to move the buildings. , ,~ Chai.pe~son Fe..is noted if building pe.mits had been applied fo. when the st.uctu.es we.e const.ucted, they would have known about the setback .equi.ements and the p.opec mateclals to use fo. siding. Then the pcope. site planning would have been done. ~ Planning and Zoning Commission Minutes - Feb.ua.y 26, 1991 Page 9 (Va.iance: II legal Non-Confo.ming ~ccesso.y St.uctu.es. 13476 Hanson Bouleva.d, Continued) M.s. Runke stated NSP has the easement th.ough the.e, and they have no p.oblem with the location of the st.uctu.es. Because no one is back the.e, she asked why the City ca.es about the st.uctu.es being on the p.ope.ty line. She also asked if it is possible to put in a stipulation that if a .oad goes th.ough the.e o. if someone builds, they would then .emove the st.uctu.es. Right now it is just a sand pit back the.e. Chai.pe.son Fe..is explained the City .equi.es an access to the p.ope.ty line and establishes setbacks to allow the access. It is incidental whethe. NSP o. the neighbo. ca.es, because a non-confo.ming st.uctu.e on the p.ope.ty line dest.oys the ability to get access within the setback a.ea. The City also needs to enfo.ce its setback .equi.ements to p.event building .ight on p.ope.ty lines and fo. public safety. He didn't know of any othe. way of allowing that st.uctu.e othe. than to acqui.e anothe. 10 feet fo. easement, which he felt would be mo.e difficult than .emoving the st.uctu.es. MOTION by Pease, Seconded by Dehn, .ecommend that the ~ndove. Planning and Zoning Commission .ecommend denial of the va.iance .equest of James and Ma.ga.et Runke to va.y f.om the exte.io. standa.ds fo. building const.uction and to va.y f.om the side ya.d setback fo. existing th.ee-sided st.uctu.e. The .easons being if they had had a building pe.mit that they had applied fo., it would not have likely been g.anted to do that. It does not meet the c.ite.ia of O.dinance 8. Section 5.04 of the va.iance with the ha.dship dealing with the cha.acte.istics of the land. It doesn't meet the spi.it and intent of the ordinance as far as setbacks and that type thing. VOTE ON MOTION: Jonak, McMullen. March 19, 1991. YES-Fe.ris. Pease, Dehn, Jovanovich, Peek: ~BSENT- Motion car.ied. The item will go to the Council on The Commission recessed at 10,:10: .econvened at 10:24 p.m. " ,; SPECI~L JOINT MEETING WITH CITY COUNCIL/SET ~GENDA The Commission discussed seve.al items they wished to discuss with the Council at the March 7 joint meeting. The fol lowing items we.e agreed to: o 1. Va.iances a. ~ttitudes Toward VarIances b. Unifo.m Standa.ds for G.anting Va.iances. CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION DATE 26 Febru~rv lqql AGENDA ITEM 6. 13476 NW Hanson Blvd. Variance Request James & Margaret Runke (Andover Wheel & Frame) ORIGINATING DEPARTMENT APPROVED FOR AGENDA BY: d'Arcy Bosell ~v\ ~/ BY: zoning & Planning REQUEST: The Andover Planning & zoning Commission is requested to consider the Variance request of James and Margaret Runke to allow them to retain and not move or remove structures which were constructed on the property without a building permit and in violation of the structure setbacks as provided in Ordinance No.8, Section 4.05 and 6.02, on the property located at 13476 NW Hanson Boulevard (Andover Wheel & Frame). GENERAL COMMENTS: The property is located on toe west side of Hanson Boulevard on Lot 12, Watts Garden Acres. The property is zoned Industrial and the use was grandpa rented in pursuant to Ordinance No.8, Section 4.03. On February 20, 1990, an Amended Special Use Permit was granted which allowed for the expansion of the structure. During the Building Permit Inspection Process for the expansion as noted above, it was discovered that there were two (2) illegal structures located on the property. Neither structure had been permitted, the location of the structures was improper, and the type of construction was questioned. A copy of the Site plan is attached and thereon is identified where these illegal structures are located. As a condition of the Certificate of Occupancy, it was noted by letter dated June 4, 1990, that the lean-two and three-sided shed were to be removed within thirty (30) days from the date of the letter. Attached is correspondence from Dave Almgren, the Building Official, in this regard. Also attached is correspondence from William G. Hawkins, City Attorney. In response to Mr. Hawkins' letter, the Variance application was received and thus, the ~fiquest is before you. APPLICABLE ORDINANCES: Ordinance No.8, Section 9 (B) provides that "no person shall erect, alter, raze or move any building or part thereof without first securing a building permit therefor..." '\ 'I' ,J Page Two In Re: 13476 NW Hanson Boulevard 26 February 1991 Section 4.05 (E) provides that "accessory buildings in the ... 'Industrial' Districts shall not be closer than ten (lO') feet from side and rear lot lines subject to provisions for abutting residential zones provided herein." Section 5.04 provides an opportunity for the city to consider varying from the requirements of the zoning Ordinance. Therein it states that "where there are practical difficulties or unnecessary hardships in any way of carrying out the strict letter of the provisions of this Ordinance, an ap1eal may be made and a variance granted. The hardships or difficu ties must have to do with the characteristics of the land and not the property owner." Subsection 0 further provides that "The City council may grant the variance request if .,. 1. it (the variance) will be in keeping with the spirit and intent of this Ordinance; and 2. if it (the city) finds that strict enforcement of this Ordinance will cause undue hardship because of circumstances unique to the individual property under consideration. Economic hardship terms of Section 3.02 provides a definition for "undue hardship" and states that "the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the landowner is due to circumstances unique to the property not created by the landowner, and the variance, if granted, will not alter the essential character of the locality." Ordinance No. 78 deals with Commercial Building Standards and sets out therein the type of construction which is allowed in an Industrial District. DIRECTION: -, ) In determining viability of the variance request before you, the Planning & Zoning Commission must consider and address all of the issues and criteria set out above to recommend approval or denial of the variance request to (1) [not] match the siding on the outside of the buildings to the new construction and (2) [not] move the buildings ten (10') feet from the lot line. J Page Three In Re: 13476 NW Hanson Boulevard 26 February 1991 The application contains a considerable amount of narrative in regard to this request and rather than re-state that narrative, I direct your attention to it. In so reviewing, it provides for you the thoughts and requests off the applicant. OPTIONS: A. The Andover Planning & zoning Commission may recommend approval of the Variance request of James and Margaret Runke to vary from the exterior standards for building construction and to vary from the side yard setback for accessory structures. B. The Andover Planning & zoning Commission may recommend denial of the variance request of James and Margaret Runke to vary from the exterior standards for building construction and to vary from the side yard setback for accessory structures for the following reasons: 1. The variance request would not have been required if the appropriate building permits had been applied for pursuant to Ordinance No.8, Section 9 (B). 2. Because the property owner failed to apply for said building permit, both the type of construction (Ordinance No. 78) and the location of the structures (Ordinance No.8, Section 4.05) are not in compliance with the applicable Ordinances. 3. The variance request does not meet the criteria of Ordinance No.8, Section 5.04 in that the need for the variance was caused by the property owner and does not have to do with the characteristics of the land. 4. The variance request does not meet the spirit and intent of the Ordinance as set out in Section 2 of Ordinance No.8. 5. The variance request and the alleged hardship was caused by the applicant and not the Ordinance or unique characteristics ,of the land. C. The Planning & zoning Commission may table the request to allow for additional information to be gathered or to allow for reaction to information received at the meeting. 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MINNESOTA 55304 · (612) 755-5100 Property Address VARIANCE REQUEST FORM I 341lb --Nrrn so Y\ 'B III (1 ) ~A.~H' JL ~~^'" Legal Description of Property: (Fill in whichever is apporpriate): Lot {~ Block Addition LJo..1:tD ~~ Plat Parcel PIN (If metes and bounds, attach the complete legal) ********************************************************************* ~) /oescription of Request >,v 'I, i . ,5 UP n.., ~ t. .,,1 (J:: ~^ '~'l 6.L&'\O 'tSN-."o.JlJ W~ R-oe--rv-o '~A'1,; rQc "'l" ':.........{;.''U..: .r, ._ C]- ~ ); v. (/7~~4())~1l11 mlt?cfl',~ ,.,.....J/.r ..',,'.,-;f...~t",/>L) Ii, ,. " fJ :ch I;' j. r.t,C, ;;'- j.., I it-; I If /j ~/n ~...(VNm:J..I..I~/htf ~b7>I::..L, J,~ ' ,) ,') ro,:' i ) , ty Specific Hardship M.P Q 0 Q .~ (1 (\ C\ r. t'\! - .- ."--;/ , " Section of Ordinance /~Ln-,.r>----'"'current zoning ~("'~b_l~aJ) ********************************************************************* Name of Applicant JPm'tc:. c., '* 'lV\rt If'C;)O .l['pLKt Ll'\.I(.€ Address 13:>o-1&5d-n.& ~ AluJ - 7f A--f'YlS8.2j " n,,'Y"'- Home Phone L;t7-/:~~, r)Business Phone '7.?7-~'L/&ZJ Signature ~ k<J__- {./[>t.~.J Date /-3/-9/ ********************************************************************* / / CM#rW-~ ~ Property Owner (Fee Owner) (If different from above) ,-) Home Phone Signature ~ Phon, /' Address Date ********************************************************************* 'VARIANCE PAGE 2 \J The following information shall be submitted prior to review by the City of Andover: 1. 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. Application Fee: Single Family - $50.00 Other Requests - $75.00 ~t5~~ Receipt # ~m~ Date Paid CRITERIA FOR GRANTING A VARIANCE In granting a variance, the City Council shall consider the advice and recommendation of the Planning and zoning Commission and: 1. If the City Council finds that the request if it will be in keeping with the spirit and intent of this Ordinance. 2. If it finds that strict enforcement of this Ordinance will cause undue hardship because of circumstances unique to the individual property under consideration. 3. 'If it finds that denying the request does not deny reasonable use of the property. 4. Economic considerations shall not constitute an undue hardship if reasonable use of the property exists under the terms of the Ordinance. / ~) > '\ '-~ ". "-- .' ;~p~~~ dJ(~ - l , . JJ v~ -0.iJt.. KiCWfj '+t~, ~ .u~tYL) ~ ~ ~dJ ~v attvv~ WClW - ~ .Jd~ ~ ~~ ~'-< ~~1- L}J.e.. ~ J NLcU&. ~ clu d '-H~ i. ~~ ~~ CTY\-, eul~lo &1 ~J..~ ~~, Y\Lu)". ,'~ D C?, \",^-trIj{ ~~ I b ft. f<'~ ~ l-UN I ~~, ~ ~ ti- I .. U&~ \ltol~~~ #0J , ~ lv~e-h- jJ.:;.JJ O~LU~J,--,- eJ j:o . O./v\-dl, , CLLJ.;D U,h..c J-L~ ~~ ~ lLO ( r'(o~U-<) GLao 80:0~) ~ ~W%*;}-lk.~..kw,. CLuj : ~ ,\t~ ~,,-J 6-l0U ~~~~ ~~ '"'~- / I I ,: .-:,".:,".it .,,-. >"::.1 . .. .-' ~;: ~ y~(~;~~ . ". ~. --c - I , , , '_.J .) .. '~-:::f J!~ t~/tnd/ ~ /J??~~ ~CH j/lZJ ~cf' .- I (i,,/ljI &-7'J - J~~ hU ~~~~ ~~-~d,~~~ ~,-;)cLd ~.C'lJu ~ ~ -Dld~&. rn- ~ -. fX) ~-N!o..:t~)~ - 0 J~ .,' 0.}\\~ ~ LO~ ~ . ~~CL S~c;UuJ D.:7f (bl) OVvvy(J CL ZJULo ~ ~ ~ CJ'h~nnf.u ~ oJ.ru:tD 0.-.- tS V....., ~~~ j ~ ,. ~~ ~. J ,J~.. ~ CJ.J\.JL n', \--qj ~ ~ .W'~.A-~ -k ~ ~ 7~ , ..-' .'-" . ," .-... ,. .. " . ,.".- .0- _~ '..-. .c.,..,.,....,-...__ . ....' ,. ~.~ ......: .' _:'''~ :.~~~~'~,.~;.; I / '\ , / l-AW O~~lCES O~ JJurKc alfd JlawKilf$ SUITE 101 299 COON RAPIDS BOUl-EV ARO COON RAP10S. MINNCSOTA S5433 PHO,~E (612) 784-2998 " ) JOHN M BURr(E WIL.L.IAM G. HAWKINS January 29, 1991 Mr. James Runke Andover Wheel and Frame 13476 Hanson Blvd. N.W. Andover, Minn 55304 Dear Mr. Runke: I previously wrote to you on November 12, 1990 advising you that I had received notice from the Andover Building Official that you have violated Andover Ordinances by constructing two structures on your property without obtaining building permits. You apparently made the representation to the building official thereafter that you would resolve this problem. I have recently been advised by the City that you have failed to resolve these problems. This letter is to advise you that unless you remove these illegal structures within 10 days from the date of this letter I will commence a criminal action against you for violating the City ordinance. Upon conviction you would face a maximum sentence of a $700.00 fine and 90 days in jail. I hope you will see the seriousness of this matter and not delay resolution of this problem any longer. t~ L.. k' WIllIam G. Haw Ins ~' WGH:mk ; /1/ ,/ ,I .' / cc: D.Almgren o \r, ;-dV t ~11 i\ l- JAN 30 19911IJ . ------'- I CITY OF ANDOVER Building Departmt:nt , ) , \ "'~ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304. (612) 755-5100 January 23, 1991 Mr. william G. Hawkins suite 101 299 Coon Rapids Boulevard Coon Rapids MN 55433 Dear Bill, please find enclosed, copies of correspondence addressed to Andover Wheel and Frame from'the city and from your office. On November 15, 1990 Maggie Runke.came 'in and said whe wanted to comply and fix sheds to use--I gave her a copy of UBC Chapter 3 and Ordinance 78. On Tuesday, December 18, 1990 I talked to Jim Runke and he said he needed. some time and would have some- thing for us by Friday, December 21, 1990. On Wednesday, January 23, 1991; Jane called Maggie Runke to see if they"were ready with plans for illegal shed and she said Jane should contact her attorney, Ron Black, 913 Main Street, Elk River MN phone ~ 441-7040 Also enclosed is a copy of Resolution 023-90 involving the expansion of the new building. If you have any questions, please call. Sincerely, j)~c:1'/:7"J David Almgren ' Building Official DA/jp ---, _.-._,_.....-,..~- Enclosures / " .--'- -.-- -....--- ---.--.-- , I ',-./ o ~ L.AW OFFICES OF' 1Jurke aJtd f{awkiJts SUITE 101 299 COON RAF'10S BOULEVARD COON RAPIDS. MINNESOTA ~5433 PHONE US1 21 784.2996 JOHN M. BURKE WILLIAM G HAWKINS November 12, 1990 C(}Py IIr!; FIJI? IJI?fi,/4l1 YIJI/I? lIJ It Mr. Jim Runke Andover Wheel and Frame 13476 Hanson Blvd. N.W. Andover, MN 55304 ~ Dear Mr. Runke: I am writing as the Andover City Attorney concerning letter received by you on September 6, 1990 from the Andover Building Official. You have failed to remove the lean-to and the three sided shed on the back of your original building. I have been requested to commence legal action against you as the result of your failure to comply with Andover City Ordinances. Unless you take action to remove these structures within ten (10) days, I will commence such action. Sincerely, William G. Hawkins Andover City Attorney WGH:mk 1.9\">;'::-''''~-.'''' J '. , i 1 )\~ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304. (612) 755-5100 June 4, 1990 Mr. Jim Runke Andover Wheel and Frame 13476 Hanson Blvd. N.W. Andover, MN 55304 Dear Jim, A final inspection of your addition was completed and passed inspection on Monday, June 4, 1990. A Certificate of Occupancy will be issued with the stipulation that the lean to in back of the original building and the three-sided shed in back shall be removed within thirty days from this date of June 4, 1990--failure to comply shall result in legal action. Sincerely, ~ (J~~ David Almgren Building Official DA/jp ;, /. Ii :~ , , \J This letter was typed and holding for Andover Wheel & Frame to pick up along with the I Certificate of Occuoancy in early June. ------J Thev did not pick uo the letter or Certificate of Occupancy and in August 1990 it was realized that they had not removed the shed or lean-to as they had discussed when they r~c_~ived the buildinq-permit for their new building. The shed and lean-to had been ~~~~~ed with out permits, etc. We__s_ent~_g..opy_o.f--.She.....Q.riginal letter bv certified mail and it was delivered on Sep_tembg~~QQ~ We have not received any communication from Andover Wheel and FIame~TtLe~ave not removed lean-to or shed. _..:-0 ..:--- ~-_."-" - / / / \J Regular City Council Meeting February 20, 1990 - Minutes Page 3 I ~) ANDOVER WHEEL AND FRAME SPECIAL USE PERMIT Becky Pease noted that the Planning Commission held a public hearing on the request of Andover Wheel and Frame Alignment building expansion. No negative comments were received. The Commission discussed possible locations of Commercial Boulevard and found they had no impact on the expansion. The Commission recommended approval with the conditions that the building and the site plans be approved by the Andover Review Committee prior to construction, the exterior storage of vehicles under repair be limited to the rear storage area west of the proposed building and the Special Use Permit be reviewed after the first year to ensure compliance with all city ordinances. MOTION by Knight, seconded by Perry introducing a a Special Use Permit for the expansion of Andover Alignment as presented. (See Resolution 023-90.) unanimously. resolution approving Wheel and Frame Motion carried COON R~PIDS/ANDOVER JOINT POWERS AGREEMENT/SITE Q Maurice Dorton stated that they are responsible for coordinating the six member consulting team to review the EIS and to assist Coon Rapids and Andover. They initially decided to try to put together a single agreement to provide for their services. Legal counsel advised them that there was some concern that some of the work would not be eligible for reimbursement. They then decided to accomplish as much as they could in Phase 1 so the work done in Phases 2 and 3 will not require a large amount of work. This process will not involve the whole team. ( , Mayor Elling stated the major concern of the Council is Phases 2 and 3. He asked what the cost would be for these two phases. Mr. Dorton felt Phase 3 would be approximately $20,000 which 'fould leave $20,000 for Phase 2. Attorney fees are not eligible for reimbursement. Councilmember Knight asked that Mr. Koolick explain his memo regarding the costs incurred. Mr. Koolick noted that the $13,608 is strictly attorney fees through December and the $18,215 is through February 6, 1990. Mayor Elling requested monthly reports regarding the expenditures. Mr. Dorton explained that estimated hours were put in the agreement so that their time can be accounted for and they won't bill for anything not eligible for reimbursement. Councilmember Jacobson expressed concern over the fact that we are paying for everything up through the/EIS and the $200,000 does not include the siting process. He felt we will run out of money after Phase 1. Mr. Dorton was sure that there would be sufficient funds left for Phases 2 and 3. Councilmember Orttel hoped that Phase 1 will resolve the technical issues. Phases 2 and 3 are political issues. '\ } '-J Mr. Jacobson noted that we have told people here that if this site is selected we will go the the Supreme Court. He asked what the date is wher the site has to be selected. Mr. Dorton noted that it is 1990. Mr. Jacobson asked when we will be reimbursed. Mr. Dorton explained that Coon Rapids is the financial agent and they will handle the reimbursement. ,/ ---- ~Y CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 023A-90 A RESOLUTION APPROVING THE AMENDED SPECIAL USE PERMIT REQUEST OF ANDOVER WHEEL AND FRAME INC. TO ALLOW AN EXPANSION OF A REPAIR GARAGE IN AN nIn INDUSTRIAL DISTRICT ON PROPERTY DESCRIBED AS: THE EAST 268.0 FEET OF LOT 12, WATTS GARDEN ACRES, ANOKA COUNTY, MINNESOTA, SUBJECT TO EASEMENTS OF RECORD. WHEREAS, Andover Wheel and Frame Inc. has applied for an amended Special Use Permit to allow for the expansion of an Repair Garage in an nIn Industrial District, per 'Ordinance 8, Sections 5.03 and 7.03; and WHEREAS, the Andover Planning and Zoning Commission reviewed the request and held a public hearing at their February 13, 1990 meeting, and no public opposition was heard; and WHEREAS, the City Council found that the request will not have a significant detrimental effect on the health, safety, morals and general welfare of the community; and " -'. ". . WHEREAS, the Council ,found ,that the request will not have a significant negative effect on property values or scenic views in the area; and .' __._" "_.' ," "r_-_._ 0..------..-- .... .~ '" ~ - . ....' - ,.__... ," ''''_.._0"0 . __. -: WHEREAS, the Council found that the ,request will not have a significant negative effect on the Comprehensive Plan. .- ,'" NOW, THEREFORE~ BE IT RESOLVED, that the City Council of the City of Andover approves the amended Special Use Permit request to allow for the expansion of an Repair Garage in an nIn Industrial District, p~~ Ordinance 8, Sections 5.03 and 7.03; .on the following described property: "-' _.- -". . .-... --~_.. _.-.-- ..--.. ._--- - . ..- . The east 268.0 feet of Lot 12, Watts Garden Acres, Anoka County, Minnesota, subject to easements of record. , ,. . . - -- ._- -~,~,- .':.- The' 'Ci ty' councii-'hasU'-ag-re'ed:~;tc{'the'fo-1i~";ing condi t-i~ns . i~rthe' . :-__~'_':~':_"7.-:.-:_pe~mit: ,..__..__.,......._"or .._,._......-.-.-- _. --- ......-.- -.- ... - '. ' 2. . - .- -- -".------ The building and site plans shall be approved by the Andover Review/Committee prior "to construction. ..'_., ,. _'. ".., _ The exterior storage of vehicles under repair be limited to,the rear', storage area west d of -the proposed building:' ':-."~~ 3. The Special Use Permit will be 'reviewed annually ,to . ensure compliance with all City Ordinances. 1. [, 1. ,--., . \'l, ~ '-_...- , ) " 11 '. ; page 2 Andover Wheel and Frame Amended SUP February 20, 1990 4. The special Use Permit shall be null and void if the applicant does not commence construction within 12 months of the approval of the permit. Adopted by the city council of the city of Andover this 20th day of February, 1990. CITY OF ANDOVER ATTEST: l7;,:~ ~ victor~a Volk - City Clerk ----.....- -....-. .--.----- - ---...--------.- ..- ~~ -,--'--'--- -"- .---. ..- . .-.----..-' . _.. u_" --- .-'. '" -. - .- ~-_...._-- ( \ , -' '\ , I~ --\.:3 .-..-." -.'-' - .---.---.~"----" . . ..;;...--~- . -.. -..' .-- .. ...- .-- ._--- -..- . .----.- -----.-- -.....-.-. ..----------- - .- -' . "'CJ\',......,..'''ec...".,'''' 'J f,... ",f! ,\ J '- li\;t -"!~-ii~""'..,-".H"":1'J~;'!i!-'... CITY OF ANDOVER REQUEST FOR COUNCIL ACTION March 19, 1991 ITEM NO. tr;. BY: BY: , ec. 8.08(E)(9) - curbing :.' DATE ORIGI ATING DEPARTMENT I) Planning ~ David L. carlberg ~ city Planner AGENDA SECTION. NQ D1SCUSS1on Items REQUEST The Andover City Council is requested to review the curbing requirements as defined in Ordinance No.8, Section 8.08 (E)(9). BACKGROUND On February 5, 1991, the City Council considered a request by the Metropolitan Mosquito Control District to be granted relief from the curbing requirements as defined in Ordinance No.8, Section 8.08 (E)(9) which states that "All driveways, loading areas and storage areas shall be bound~d by poured in place concrete curb and gutter...". The Metropolitan Mosquito Control District presented to the Council a map of those areas where the relief is being requested and their reasoning for the request (see attached minutes dated February 5, 1991). The Council, at that meeting, made the motion to refer the request to the Planning and zoning Commission to review the curbing requirements and to determine if any changes were necessary. The Planning and zoning Commission, at their February 26, 1991 meeting, reviewed the curbing requirements of Ordinance No. 8 and determined that no amendments to the Ordinance were necessary (see attached minutes dated February 26, 1991). PLANNING AND ZONING COMMISSION RECOMMENDATION The Planning and zoning Commission recommends to the City Council that Ordinance No.8, Section 8.08 (E)(9) remain as is and that no amendments be allowed (see motion from the February 26, 1991 minutes). COUNcl:IL ACTION '-- MOTION BY TO SECOND BY Planning and Zoning Commission ~ Minutes - Feb~ua~y 26. 1991 " J '~ Page 10 (Special Joint Meeting with City Council/Set Agenda, Continued) 2. 1/10. 4/40 Ru~al Development p~oposal 3. City Cente~ Concept p~oposal in Comp~ehensive Plan 4. Di~ection f~om Council when Sending Items to the P & Z 5. P & Z Level of Comme~cial Site Plan Review The Commission also b~iefly discussed the p~oblem of p~ocedu~e when the~e is a lack of attendance and pa~ticipation by a Commissione~. It was ag~eed to table this item until the Commission itself had a chance to discuss it mo~e tho~oughly. DISCUSSION - ORDINANCE NO.8. SECTION 8.08 (E) (9). CURBING REQUIREMENTS The Commission discussed the ~equest of the City Council to ~eview the cu~bing ~equi~ements of conc~ete cu~b and gutte~ in va~ious aplications. Ms. Bosell explained that concrete curb and gutte~ was added as a requirement to prevent erosion, to dL~ect the wate~, and to protect the quality of the parking service. The City Council is apparentlY saying the~e may be mo~e than one standard, in that if it is quasi-public or a park or in a natural application, then maybe the conc~ete cu~bing may not be needed. The problem came in with the Mosquito Cont~ol Dist~ict asking to be exempted f~om cu~bing a~ound thei~ sto~age a~ea, arguing it is an expense that is not necessary. Some Commissioners questioned a dual standard of treating developers ,diffe~entlY from others, felt that the use of a parking lot is not a function of the occupancy. and thought that a parking lot in a pa~k can get just as much use as a comme~cial parking lot. Mr. Carlbe~g thought the o~dinance should ~emain as is, ag~eeing with the way it is w~itten. The Commission generally agreed. MOTION by Peek, Seconded by Dehn, that if the City g~ant an economic courtsey to anothe~ governmental use the variance p~ocess, not amend the ordinance. a 5-Yes. 2-Absent (Jonak. McMullen) vote. Council wants to agency, they should Motion ca~~ied on " DISCUSSION - PAINT BALL/WAR','GAMES OPERATIONS -',:-J Mr. Ca~lberg explained that the City Council has asked the Planning and Zoning Commission to examine the operating of Paint Ball/War Games within the City of Andove~ -- whether or not they should be allowed: and if allowed. how should they be ~egulated and where should they be allowed. He noted the City has received two ~equests fo~ these operations, pIus one has been operating within the City with no City regulation in the vicinity of Wa~d Lake D~ive. CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION DAT~ebruary 26, 1991 AGENDA ITEM 7. Discussion Ord No.8 Section 8.08 (E) (9) Curbing Requirements ORIGINATING DEPARTMENT ~ -' Planning G David L. Carlberg BY: City planne r APPROVED FOR AGENDA BY: REQUEST The Andover Planning and zoning Commission is asked by the City council to review the curbing requirements of Ordinance No.8, Section 8.08 (E) (9). . BACKGROUND At the February 5, 1991 City Council meeting, the Metropolitan Mosquito Control District requested relief from the curbing requirements as specified in Ordinance No.8, section 8.08 for "" their parking, storage and drive areas located in the Bunker Hills Park. Ordinance No.8, Section 8.08 (E) (9) states that "all driveways, loading areas and storage areas shall be bounded by poured in place concrete curb and gutter, except for single- family, two-family, townhouses and quadriminium dwellings." The MMCD does not feel they should be required to curb and gutter as required by the zoning Ordinance, because they are in a park and want to maintain a park appearance. The MMCD also felt the curbing would create difficulties in draining the property and that the curbing would be an unnecessary expenditure of public monies. Attached for Commission's review is the staff report presented at the February 5, 1991 meeting and the minutes of that meeting. The Commission is asked by Council to review Section 8.08 (E) (9) of Ordinance no. 8 and determine if an amendment is needed. F / ,/ '\ ,~ . :,J CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 MEMORANDUM TO: COPIES TO: FROM: DATE: Dave Carlberg, City planner Planning and zoning Commission Todd J. Haas, Assistant City Engineer 1~ February 26, 1991 REFERENCE: Ordinance 8 Section 8.08 (E) 9 A request has been made by the Planning and zoning Department as to why concrete curb and gutter should be required for all driveways, loading areas, parking areas and storage areas. Some of the reasons for this requirement are as follows: Traffic Control - night and daytime hours Drainage Control Aesthetic Reasons Protect Landscape Features Protect Pedestrian Movement Reduced maintenance to pavement edges (helps eliminate erosion that occurs from rainfall or snow melting and to reduce vehicles to drive on pavement edges, which may not have the strength to support vehicles without the concrete curbing. Also attached is the City of Blaine curbing requirements which may determine how Andover could amend its ordinance. If the Planning and zoning Commission would like a representative from the Engineering Department to attend a future meeting, please let me know. TJH:rjr , -..J (3) Permanent impervious' sediment control structures consist of sediment basins (debris basins, desilting basins, or silt traps) and shall be utilized to remove sediment from runoff prior to its disposal in any permanent body of water or stream. , \ ',) 33.18 HEIGHT LIMITATIONS ..... Height Limitations, as set forth in this ordinance, shall not apply to church spires, cupolas, water towers, observation towers, flag poles, and chimneys. Any other structure above fifty (50) feet from ground level shall require a conditional use permit. 33.19 BUILDING RELOCATION To maintain a high standard of residential development in the City of Blaine and to protect residential areas from deleterious affects through insuring that both new and relocated buildings from within the city limits or from other areas outside of the city, building relocation shall meet specified requirements. (a) Each relocation of a residence or residential accessory building shall require a conditional use permit from the City Council and all such build- ings shall conform with and be situated ina properly zoned area in accor- dance with all of the provisions of this ordinance and the City building code. Commercial and industrial buildings shall not be moved. (b) Application for a permit to move a building shall be accompanied by an abstractor's certificate of property ownership within 350 feet of the bound- ary lines of the lot upon which the building is to be located. The applica- ~_ tion must also be accompanied by a written consent and approval of at least 50% of the property owners within the said 350 feet of said lot. (c) The application may be granted or rejected by the City Council after a public hearing before the Planning Commission. 33.20 CURBING (Entire Section Amended 8-15-85. Ord. 85-898) (il) All driving areas and parking.areas which are accessory to multiple family, commercial, planned commercial, planned industrial business park, or high use institutional developments, shall be bounded by a B612 concrete curb and gutter. "High use institutional development" shall include hospitals, schools, public buildings. and similar uses. (Amended 4-1-87. Ord. 87-1016) (b) All driving areas and parking areas which are accessory to industrial or low use institutional developments shall contain a B6-12 concrete curb and gutter on the portions of such areas which front on a public right-of-way extending back to the building, wall. Concrete curb and gutter or curb only may be required on the perimeter of any other driving or parking areas where necessary for drainage or traffic control. "Low use institutional developments" shall include churches, parks, private clubs. and similar uses. (c) The City may exempt curbing: . ) (1) Where the parking lot directly abuts a sidewalk which is sufficiently higher than.the grade of the parking lot to substitute for the curbing requirements; or 33-27 (2) Where the City has approved future expansion of the parking lot. (d) Curbing shall be required around islands in pavement. , ) '- (e) Curb cuts and ramps for the handicapped shall be installed as required by State Law. .-. (f) Construction shall be in accordance with curbing specifications on file in the office of the City Engineer. 33.21 BUFFERYARD FLEXIBILITY (Entire Section Amended 4-3-86. Ord 86-937) If a reduction to the setback buffer is requested, the Director of Communi- ty Development may consider a reduction in 5 foot increments down to 45 feet, provided the applicant agrees to provide additional plant materials in the setback area using the following standards for each 5 foot increment. Required plant units/l00 lineal feet .3 overstory deciduous trees (min. size 2 1/2 inch caliper b&b) .6 ornamental trees (min. size 1 1/2 inch caliper b&b) 2.0 shrubs (min. size 24 inch pot) 1.1 evergreens/conifers (min. size 6 foot b&b) For reductions from 45 feet down to 25 feet, the following will apply: Required plant units/l00 lineal feet .3 overstory deciduous trees (min. size 2 1/2 inch caliper b&b) .6 ornamental trees (min. size 1 1/2 inch caliper b&b) 1.0 shrubs (min. size 24 inch pot) .5 evergreens/conifers (min. size 6 foot b&b) - Also, if the applicant wants a reduction from 45 feet to 25 feet, there shall be an 8 foot high board-on-board fence required along the lot line, all mechanical equipment shall be roof mounted (screened from view), no wall fans, no flood lighting or directional security lighting will be al- lowed to create glare or spillover onto adjacent properties. SECT/33/TBPLAN 8-2-89 <.) 11-?R Regulae City Council Meeting Minutes - Feb.uaey 5, 1991 Page 2 : ) ~'ontinued Public Hea.ing/I?90-25 - Mosquito Conteol Dist.ict) p. ent location at the Anoka County Highway Building to the westeely line f the p.opeety the Mosquito Dist.ict is leasing. The City would pay to the ove.sizing at a cost of about 53,000. The feontage of the leased P pe.ty would be assessed along with the a.ea and connection cha.ges. ~ e Anoka County Pa.ks Building would not be assessed at this time. en the wate.main is extended in the futu.e, the county would be asses d fo. the additionai f.ontage plus an a.ea assessment to the ?a.ks Buil 'ng. The County Boa.d has passed a eesolution indicating they wou like to be notified of any potential o. p.oposed imp.ovement fo. the a a in the futu.e p.io. to holding the public hea.ings. MOTrON by Jacobson, Seconded by McKelvey, the esolution as p.oposed with the following change: that this .is not va Od until an ag~eement is .eached with the county on the costs that the unty wil I be incu~.ing on the p.oject and they have given app.ov <See Resolution R012-91 o.de.ing the imp.ovement of wateemao , P.oject No. 90-25, 1260 Bunke. Lake Bouleva.d, Met.opolitan Mosquito ont.ol Dist.ict, and di.ecting p.epa~atlon of final plans and spe 'fications) , ' 0 The Council then discussed the issue ot cu.bing the site being leased by Mosquito Cont~ol Dist.ict. M.. Gauge. p.esented a map ot the p~oposed imp.ovement p.oject and thei. p.oposaJ. fo. cu.bing a~ound the building. They a.e asking to be .elieved of the o.dinance which .equi.es cu.bing a.ound the p.ope.ty because they want to to maintain the pa.k status. It is not in a zoned dist~ict o. a comme.cial site; bu it is in a pack, teeling that is the basis on which the cucbing can be exempted. Me. Ca.lbe.g .eviewed O.dinance 8, Section 8.08 <E) (9) which eequi.es all d.iveways, loading a.eas:~nd sto.age a.eas to be bounded by conc.ete cu.b and gutte.. The exceptions a~e ve.y cleae, mainly in .esidential a.eas; and he felt that pee the o.dinance, this is not an exception. '\ \-./ It was pointed out dueing the discussion that the o.dinance was .ecently amended to .equice conc.ete cu.b and guttecs. Mayo. O.ttel ag.eed the exceptions ace ve.y clea., but he .aised the question of intent, thinking the o.dinance as w.itten seems seve.e fo. this type ot use. Regula. City Council Meeting Minutes - Febeua.y 5, 1991 Page 3 ,J <Continued Public Hea.ing/IP90-25 - Mosquito Cont.ol Dist.ict) M.. Gauge. pointed out one of the difficulties with cu.bing is the wate. then is contained, and they have no way of dispe.slng it. The cu.bing .equl.ed is extensive, and they feel it is an unnecessa.y expenditu.e of public monies. Council discussion noted that to allow any deviation f~om the o.dlnance would .equl.e an amencment to it. In viewing the sketch plan. the.e was gene.al ag.eement that if the o.dinance did not .equi.e cu.bing in the pa.ks, it would be ac~eptable to have conc"ete cu.o and gutte. along the east and west sides of the d~iveways and t.ont pa.king a.ea, as well as a.ound the building as p.oposed. The d.ainage wouid then be di.ected away f.om the cu. bed a.eas, and the .emaining p.emete. would not have conc.ete cueb and gutte., which would be in keeping with the aesthetics of the pa.k a.ea. Because some indicated the o.dinance as w.ltten Is mo.e encompassing than was o.iginally intended and was not meant fO. a.eas within a paek, faems, and othe. la.ge open a.eas, it was ag~eed to dieect the Planning Commission to look at that section of the o.dinance. It was thought the o.iginal intent was to .equi.e conc.ete cu.bing a.ound comme.cial aeeas such as convenience sto.es, shopping cente.s, etc. MOTION by Jacobson that the Council deny the .equest fo. va.iance t.om O.dinance 8, Section 8.08 to cu.bing fo. the p.oject. Motion dies fo. lack of a Second. MOTION by Smith, Seconded by McKelvey, that we table this until we take a close. look at the o.dinance and make some adjustment to that f.om the .ecommendations of oue Staff, and fo.wa.d it to the Planning Commission. Motion ca..ied unanimouslY. ( The heaeing was closed at 8:10 p.m. WOODLAND CREEK GOLF COURSE PLAN Bvron Westlund. Woodland Develooment - .eviewed the p.oposal to al low the DNR to t.ap the gosiings that hatch in the sp.ing of 1991 and t.ansfee them to othe. .~gions within the State of Minnesota in an etfo.t to alleviate the p.oalem caused by the geese on the golf couese. MOTION by Pe..y, Seconded by Smith, that the City ot Andove. autho.ize Mayo. O.ttei to send a iette. to the DNR stating the City's agceement with the live t.apping of goslings on the WoodlanC C.eek Golf Couese, subject to the DNR app.ovai and complying with thei. .ules. Motion ca..ied unanimouslY. I .--.--...- /'CA~~ u (' '#\ ) \~~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION February 5, 1991 DATE BY: APPRN~OVED.) ~R AGeNO 6fj BY:' // ITEM NO, 110sqUl. 1:0 I,.;onl:ro-l. Relief - curbing ORLGINATING DEPARTMENT ~ Planning David L. Carlberg city planner AGENDA SECTION. NQ Dl.SCUSSlon Items REQUEST The Andover City Council is asked to consider the request of the Metropolitan Mosquito Control District for relief from the curbing requirements of Ordinance No.8, section 8.08 (E)(9). BACKGROUND ( On February I, 1991, designated staff of the Metropolitan Mosquito Control District met with city staff to discuss the possibility of getting relief from the curbing requirements as defined in Ordinance No.8, Section 8.08 (E)(9) which states that "All driveways, loading areas and storage areas shall be bounded by poured in place concrete curb and gutter...". The staff from the Metropolitan Mosquito control District will be presenting to the Council a map of those areas where the relief is requested and their reasoning for the request. staff Review It is the duty of the City planner to administer Ordinance No.8, and in doing so, must recommend to the Council that the Ordinance be upheld in this case. I i' f /: COUNCIL ACTION MOTION BY TO lutl~J SECOND BY &-v pJ-O , ./ :-.J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION ITEM NO, 1. Response to Metropolit nay: Waste AGENDA SECTION NO. DATE ORIGINATING DEPARTMENT Engineering The city Council is requested to approve the attached the Metropolitan Waste Control Commission in response ,0 their Wastewater Treatment and Handling Implementation plan Year 1992 - 2010 in particular the information displayed under Appendix C, Wastewater Flow Projection Plants and Communities - Andover. A copy of the report is available in my office for Council review. COUNCIL ACTION MOTION BY TO SECOND BY '~I 'fj.\""'- " I \ ~ ~ ? \!: I j ,-/\,. I.' '\.A. ,.7 " j 'm'~..",:::::;;~,,:_>~"'-' ,J CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 Metropolitan Waste control Commission Mears Park Centre 230 E. 5th street st. Paul, MN 55101 Re: wastewater Treatment and Handling Implementation plan Years 1992 - 2010 Appendix "C" Andover Attention: Gordon O. Voss Chief Administrator Dear Mr. Voss: The City of Andover is concerned about the information shown on the second page of Appendix "C" of the referenced plan. The flow information shown for the City of Andover in million gallons per year is as follows: 1990 - 140 2000 - 155 2010 - 171 Andover's 1990 actual flow is estimated to be about 180 mg/yr by the MWCC which is about 10 mg/yr more than the 2010 figure shown in the plan. We believe a more realistic figure for Andover should be shown as follows: 1990 - 180 mgd 2000 - 280 mgd 2010 - 330 mgd We are available to discuss these figures with you and/or your staff at your convenience. The informational breakfast in Brooklyn park on March 7th was very informative and a benefit to the cities in understanding the process. Sincerely, CITY OF ANDOVER James E. Schrantz City Administrator cc: Paul McCarron, precinct E JES:kmt ':-.J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE nard. 19, AGENDA SECTION NO. ORIGINATING DEPARTMENT Administration ITEM NO.g. watershed BY: The Anoka County Board has requested that we make three recommendations for the appointment to the CCWD. I believe they will want the City to rank the appointees. The Council should be prepared with additional candidates. MOTION BY " " / TO COUNCIL ACTION SECOND BY i!7(}\/ """,'Y"",\\. "A ~t ,.- d ;c' ,~l l \",,",,,._,,,,,,",~.l' CITY OF ANDOVER REQUEST FOR COUNCIL ACfION March I : 19, 1991 DATE BY: :J'lZ ITEM NO. q. Equestrian Council Appointments ORIGINATING DEPARTMENT .~ Planning ~ David L. Carlberg City Planner AGENDA .sECTION C . tt NO, st:af~" omml ee Commlsslon REQUEST The Andover city Council is ~sked to appoint or to set an interviewing date and times ~or the two positions to be filled on the Equestrian Council. Att ched for your review are the applications received from t.e five residents applying for the two vacant positions. The applicants are: I Doug Asfaly Don Eveland David A. Hefner Carol Kelley Gwen L. vagle The positions are for a one year term and a two year term. , MOTION BY I TO COUNCIL ACTION SECOND BY . ,,~) CITY of ANDOVER ADVISORY COMMISSION APPLICATION Name: DcJc/ci Address: 115'/0 ;J Sr /T-I-V I Home phone: t../ 3t/'- t/ 0,/0 Work phone: ,/IJ.r-J, ~7t/- 5S-Sb ;:::LI/f-rrWCJOD .s;,1. Commission Preference: Planning & zoning park & Recreation Economic Development Charter Commission Public Safety Committee Equestrian council~ Cable Comm. Tree Commission please state your reasons for requesting to be on the advisory commission checked above: Sf/[ I r €",.k I. OrJ 4-r-r,1-"C.1I'~i) Describe your education/experience which qualifies you to serve on this commission: ~~r"l: /rfl..m c. 6tV .4-r-r~ 1) Describe your professional, C1V1C or community activities which may be relevant to this commission: ~kt. Irt:A 5, o;J )!-r/~~D Dated: ;)~/(j/ ~.(y* Si"i at re ~ "- , 'J . - \_) , \ '.J 1. Know thy enemy! (just kidding). seriously, i had some misgivings about the need for an equstrian council at all. But have we do, so, rather than sit and bemoan further government intrusion into our lives(Big brother syndrome?) i feel i should get involved and find out first hand what the process entails. I might just find out the council is not a bunch of "Horse Nazis" out to make peoples lives miserable. 2.Hy education/experience comes from living with an "equine add1ct" and her horses which she has owned for over five years. Furthermore, before building a barn and constructing fencing, I did a good deal of research into equine safety. I can spot potentially dangerous situations and design solutions to alleviate them. 3. I have attended two planning & zoning commission meetings and one city council meeting which is propably more than 90% of the residents ever attends, thereby qualifying me as an expert on the workings of local government with a firm grasp of Roberts Rules. I have been a key communicator since 1986 and have served on the andover advisory council. We live in the far northeast corner of andover (1/2 mile from the border) which might serve the council strategically. respectfully submitted, ~o/~ \ ) . '-- CITY of ANDOVER ADVISORY COMMISSION APPLICATION J' ~ Name: !./E/.t.J L--J/t....cLAAJO Address: /q1i/t/ (;'lfo5.5foC';..J Home phone: 1.5"5-:7/2-7 Wo rk phone: )SLL/L/ S4~-1'~ Commission Preference: Planning & zoning park & Recreation Economic Development Charter Commission Public safety Committee Equestrian council~ please state your reasons for requesting to be on the advisory Cable Comm. commission checked above: II AC--'5 tlt-fo,r2..5GS d.. ~-4.A/~ i.JO<...ll. P 1.1;k (f' eJr1fc:-tZ. CA/ZGc> A--'/I.4-&40 'P kGG:P / /:h3"~ Describe your education/experience which qualifies you to serve on this commission: !,//f6 LO.-V6 6x~cre )~CL;: tJ rt7-f HorG-5Gs-" f:-r~ Describe your professional, C1V1C or community activities which may be relevant to this commission: tv/!5 CJ,<J j1f6' 0/216 1~."fC /-pI<?'D/tf-f~..:f Gc-/-UCJ ( / Dated: 2- 20 -C:;o ~ '\ '~.J (~ CITY of ANDOVER ADVISORY COMMISSION APPLICATION Name::bp. Jib, A. ~e P}..) ElL Address: {J..j.-T/q l,~~-e.'- s.-. 10 ,l,,'U . Home phone: 7f)/-9'Z..z.5' Work Phone: q26-~z2-z:... Commission preference: Planning & zoning park & Recreation Economic Development Charter Commission Public safety Committee Equestrian Council ><: Cable Comm. Tree Commission please state your reasons for requesting to be on the advisory commission checked above: ;::01<. JI ORs. e r:107??/l?UU ;TL-/ ../ Describe your education/experience on this commission: J!o;e<;; e oo),ueA.. . v AOfA./ v' (20 I7.J Q.e.42.0 We we L ;:4/2 e. /A..) which qualifies you to serve ;:0 K L'J/1..5/ / ,.f ,4/.:;cc/ o,tJ ~ eJe4,,<ZS / /fi1/<?d 4LtJVP L) ~. (/~ .S'7O<:-1( Describe your professional, civic or community activities which may be relevant to this commission: Dated: ~/;~k/ ~) .Af~/u, '-s'(oX. . U "J CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W, . ANDOVER, MINNESOTA 55304 . (612) 755-5100 ADVISORY COMMISSION APPLICATION Name: Cd'/?OJ. J:::6//Gv Address: d-/o 9'CJ / 7~ rY;<?/"':?C/e Home Phone: 76-3 -r::,~~ work Phone: ....s-/"9~c- Commission preference: Planning & zoning Park & Recreation Economic Development Charter Commission Public Safety Committee Equestrian council~ Cable Comm. Tree Commission Please state your reasons for requesting to be on the advisory commission checked above: ~d/~~~~ ~~/~~.z-./ ~ ~ v"" .-/~-,,~ ~~% 7:~'-4'~. Describe your education/experience which qualifies you to serve on this commission: ~~~ ~ ~ 7'~~~ ~.-A.h<z--~ ~~./~ _ ~~~~~-/ /.4:/~_~ ~ ~~~.... ~. Describe your professlonal, civic or community activities which may be relevant to this commission: r-Y~~/~_---<ai~~~./__ . /-2 ~~ ~ ~~ J~~~k/~~/d4/~~V~~ C'~'F~;"/.-r. ~ ~ Dated: /-/~- 9/ ~~~ Signature -) -;0 ce. . 9/f/1o , ) -- August 16, 1990 To my Honorable Mayor and City Council: My name is Mrs. Gwen L. Vagle, of 16300 Makah St. N.W., Andover, MN.. I have been at this residency for five years now, and of Anoka for sixteen years. I am' re- questing appointment to the Equestrian Council for the city of Andover. My husband and I have been in- volved in the breeding and raising of Arabian horses since we lived here. I have become quite knowledge- able of the care that goes into the raising/having horses, and am interested in wo~king along with the other members of this council. Th.ankyou for your acknow- ledgement on ~his matter. ..... ~%:~U~'~tC . Mr'. Gwen L. Vagle ~ 16300 Makah st. N.W. Andover, MN. 55304 (612) 421-2956 " "-) ~-) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE M""('b Ul, J.!il!ilJ.j' ITEM NQ Purchase Sewer & /0. Watermain Locator BY: Frank Stone C!..~ft..~ ~foft..,,'lft~" ~~FO" BY: AGENDA SECTION NQ Staff, Committee, '~~~~~ ORIGINATING DEPARTMENT Public works j We have budgeted monies for the purchase of this "850 Buried utility Line Tracer" in our 1991 Water Distribution Budget. We have tested other units, but this one does the best job. It has the power to distinguish between water down 12 feet and an electric line 3 feet down running parallel, giving a very good location and not being distorted by the power line. Other utilities use this line locator and are very happy with them. COUNCIL ACTION MOTION BY "- / TO SECOND BY ";:CAir' 'H""''''""",,\ /;!"';t~, ")!f"iJ ,"t\ j' '., '\"""'"...""".,,'j.l~l CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA S~"a'1!~N Commi t tee, NO, .. Commlsslon DATE ORIGINATING DEPARTMENT March 19, 1991 to ITEM NO. II. Purchase Gas Detector Public Works Frank stone ~ Superintendent BY: Monies have been budgeted in our Sanitary Sewer Budget purchase this gas detector. Neotronics Exotox 3-Way Gas Monitor with carrying case and battery charger comes complete with two year warranty. The purchase price is $1,800.00. We have one of these units now and have had very little trouble with the unit in the past four years; only sensor checks every six months per OSHA requirements. The price of equal equipment most likely would compare to this price range. , MOTION BY TO COUNCil ACTION SECOND BY \ --j CITY OF ANDOVER REQUEST FOR COUNCIL ACTION March 19,1991 AGENDA SECTION NO, Staff, Committee, DATE ORIGINATING DEPARTMENT Recycling ITEM NQ Joint Powers ,;;.. A reement BY: ~ REQUEST The Andover City Council is requested to review and approve the Joint Powers Agreement between Anoka County and The City of Andover. BACKGROUND The purpose of this Agreement is to provide for cooperation between the County and the Municipality to implement solid waste recycling programs in the Municipality. The term is from January ,I, 1991 through June 30, 1991. The City of Andover then submits semi- annual tonnage reports and itemized invoices to the County for abatement activities. The invoices are paid in accordance with standard County procedures, subject to the approval of the Anoka County Board of Commissioners. COUNCIL ACTION - '\ '. ./ MOTION BY TO SECOND BY ,~ Anoka County Contract # 900172-A JOINT POWERS AGREEMENT THIS AGREEMENT made and entered into on February 26, 1991, notwithstanding the date of the signatures of the parties, between the COUNTY OF ANOKA, State of Minnesota, hereinafter referred to as the "COUNTY", and the CITY OF ANDOVER, hereinafter referred to as the "MUNICIPALITY", WITNESSETH: WHEREAS, Anoka County has taken the necessary steps to qualify for SCORE funds pursuant to Minn, Stat. 9 115A.557; and WHEREAS, the County has received $352,681.00 in said SCORE funds from the State of Minnesota; and WHEREAS, the County wishes to assist the Municipality in meeting recycling goals set forth in the Anoka County Solid Waste Master Plan by providing said SCORE funds to cities and townships in the County for solid waste recycling programs; and WHEREAS, the parties are authorized and empowered to enter into this Agreement pursuant to Minn, Stat. Sections 471,59 and 473,811, Subd. 7, NOW, THEREFORE. in consideration of the mutual covenants and promises contained in this Agreement, the parties mutually agree to the following terms and conditions: 1. PURPOSE. The purpose of this Agreement is to provide for cooperation between the County and the Municipality to implement solid waste recycling programs in the Municipality. 2. TERM. The term of this Agreement is from January 1, 1991 through June 30, 1991, unless earlier terminated as provided herein. 3. PROGRAM, The Municipality shall develop and implement a residential solid waste recycling program adequate to meet one-half of the Municipality's annual recycling goal of 850 tons as established by the County. "Recycling" means the process of collecting and preparing recyclable materials and reusing the materials in their original form or using them in manufacturing processes that do not cause the destruction of recyclable materials in a manner that precludes further use. "Recyclable materials" means materials that are separated from mixed municipal solid waste for the purpose of recycling, including paper, glass, plastics, metals, and vehicle batteries. Refuse derived fuel or other material that is destroyed by incineration is not a recyclable material. 4. REPORTING, The Municipality shall submit the following reports semiannually to the County no later than July 20, 1991: , ) '---" A. An accounting of the amount of waste which has been diverted from landfills as a result of the Municipality's activities and the efforts of other community programs, ,--) redemption centers and drop-off centers. For recycling programs, documentation shall be provided showing the number of tons of each recyclable material which has been collected and the number of tons of each recyclable material which has been marketed. For recycling programs run by other persons or entities, the Municipality shall also provide documentation showing that the materials were recycled by the Municipality's residents, The Municipality shall also report the number of cubic yards or tons of yard waste collected for composting or landspreading, together with a description of the methodology used for calculations, Any other material removed from the waste stream by the Municipality, I.e. tires and used oil, shall also be reported separately, B. Information regarding any revenue received from sources other than the County for the Municipality's recycling programs. C, Copies of all promotional materials that have been prepared by the Municipality during the term of this Agreement to promote its recycling programs, The Municipality agrees to furnish the County with additional reports in form and at frequencies requested by the County for financial evaluation, program management purposes, and reporting to the Metropolitan Council and the State of Minnesota. 5. BILLING AND PAYMENT PROCEDURE. The Municipality shall submit itemized invoices to the County for abatement activities no later than July 20, 1991, Costs not billed by July 20, 1991 will not be eligible for funding, The invoices shall be paid in accordance with standard County procedures, subject to the approval of the Anoka County Board of Commissioners. 6. ELIGIBILITY FOR FUNDS, The Municipality is entitled to receive reimbursement for eligible expenses, less revenues or other reimbursement received, for eligible recycling activities up to the project maximum as computed below, which shall not exceed $18,564,50. The projecl maximum for eligible expenses shall be computed as follows: A. A base amount of $3,070.00; and B. A $3.50 per household grant of up to $15,494,50, 7. RECORDS, The Municipality shall maintain financial and other records and accounts in accordance with requirements of the county and the State of Minnesota. In accordance with Minn. Stat. 9 471.59, Subd, 3, the Municipality shall maintain strict accountability of all funds and maintain records of all receipts and disbursements. Such records and accounts shall be maintained in a form which will permit the tracing of funds and program income to final expenditure. The Municipality shall maintain records sufficient to reflect that all funds received under this Agreement were expended in accordance with Minn. Stat. 9 115A.557, subd, 2, for residential solid waste recycling purposes. The Municipality shall also maintain records 01 the quantities of materials recycled, All records and accounts shall be retained as provided by law, but in no event for a period of less than three years from the last receipt of paymen1 from the County pursuant to this Agreement. .,) - 2 - ---) 8. AUDIT, Pursuant to Minn, Stat. 9 168.06, Subd. 4, the Municipality shall allow the County or other persons or agencies authorized by the County, and the State of Minnesota, including the Legislative Auditor or the State Auditor, access to the records of the Municipality at reasonable hours, including all books, records, documents, and accounting procedures and practices of the Municipality relevant to the subject matter of the Agreement, for purposes of audit. In addition, the County shall have access to the project site(s}, if any, at reasonable hours. 9. GENERAL PROVISIONS A. In performing the provisions of this Agreement, both parties agree to comply with all applicable federal, state or local laws, ordinances, rules, regulations or standards established by any agency or special governmental unit which are now or hereafter promulgated insofar as they relate to performance of the provisions of this Agreement. In addition, the Municipality shall comply with all applicable requirements of the State of Minnesota for the use of SCORE funds provided to the Municipality by the County under this Agreement. 8, No person shall illegally, on the grounds of race, creed, color, religion, sex, marital status, public assistance status, sexual preference, handicap, age or national origin, be excluded from full employment rights in, participation in, be denied the benefits of, or be otherwise subjected to unlawful discrimination under any program, service or activity hereunder. The Municipality agrees to take affirmative action so that applicants and employees are treated equally with respect to the following: employment, upgrading, demotion, transfer, recruitment, layoff, termination, selection for training, rates of pay, and other forms of compensation. C. The Municipality shall be responsible for the performance of all subcontracts and shall ensure that the subcontractors perform fully the terms of the subcontract. The Agreement between the Municipality and a subcontractor shall obligate the subcontractor to comply fully with the terms of this Agreement. D. The Municipality agrees that the Municipality's employees and subcontractor's employees who fall within any job classification established and published by the Minnesota Department of Labor & Industry shall be paid, at a minimum, the prevailing wages rates as certified by said Department. Each Municipality and subcontractor performing work on a public project shall post on the project the applicable prevailing . wage rates and hourly basic rates of pay for the County or area within which the project is being performed, including the effective date of any changes thereof, in at least one conspicuous place for the information of the employees working on the project. The information so posted shall include a breakdown of contributions for health and welfare benefits, vacation benefits, pension benefits and any other economic benefit required to be paid, E. It is understood and agreed that the entire Agreement is contained herein and that this Agreement supersedes all oral and written agreements and negotiations between the parties relating to the subject matter hereof. ~) - 3 - '~ F. Any amendments, alterations, variations, modifications, or waivers of this Agreement shall be valid only when they have been reduced to writing, duly signed by the parties. G. Contracts let and purchases made under this Agreement shall be made by the Municipality in conformance with all laws, rules, and regulations applicable to the Municipality. H. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause or phrase of this Agreement is for any reason held to be contrary to law, such decision shall not affect the remaining portion of this Agreement. 10. PUBLICATION, The Municipality shall acknowledge the financial assistance of the County on all promotional materials, reports and publications relating to the activities funded under this Agreement, by including the following acknowledgement: "Partially funded by Anoka County SCORE funds and the CITY of ANDOVER. 11. INDEMNIFICATION, The County agrees to indemnify, defend, and hold the Municipality harmless from all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, resulting from the acts or omissions of its public officials, officers, agents, employees, and contractors relating to activities performed by the County under this Agreement. The Municipality agrees to indemnify, defend, and hold the County harmless from all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, resulting from the acts or omissions of its public officials, officers, agents, employees, and contractors relating to activities performed by the Municipality under this Agreement. The provisions of this subdivision shall survive the termination or expiration of the term of this Agreement. 12. TERMINATION, This Agreement may be terminated by mutual written agreement of the parties or by either party, with or without cause, by giving not less than seven (7) days written notice, delivered by mail or in person to the other party, specifying the date of termination. If this Agreement is terminated, assets acquired in whole or in part with funds provided under this Agreement shall be the property of the Municipality so long as said assets are used by the Municipality for the purpose of a landfill abatement program approved by the County, , " o - 4 - ~-) "\ ,-_J IN WITNESS WHEREOF, the parties hereunto set their hands as of the dates first written above: COUNTY OF ANOKA CITY OF ANDOVER By: By: Dan Erhart, Chairman Anoka County Board of Commissioners Name: Date: Title: Date: ATTEST: John "Jay" McUnden County Administrator Municipality's Clerk Date: Date: Approved as to form and legality: Approved as to form and legality: Assistant County Attorney 1:\PCH\CONTRACliRECYCL91,JPA 1:\PCH\CONTRACliRECYCL91,V AR - 5 - \:~J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION March 19,1991 AGENDA SECTION NO, Staff, Committee, DATE ORIGINATING DEPARTMENT Recycling FOR ITEM NO, Goodwill Ind. /3. A reemen t ~~ BY: REQUEST The Andover City Council is requested to review and approve the Goodwill Industries, Inc. Agreement. BACKGROUND The working agreement between the City of Andover and Goodwill Industries, Inc.jEaster Seal Society of Minnesota is for the removal of recyclables from Andover's Recycling Center by GWES. The difference between this agreement and the one last year is that they now pick up three more gaylord boxes each week and the cost has gone up accordingly. Hopefully, by this summer we will be able to add more types of plastic containers to the list. Materials will be added as markets open up. COUNCIL ACTION SECOND BY GOODWILL INDUSTRIES, INC. EASTER SEAL SOCIETY OF MINNESOTA ~J D8c~mb~~ 21, 1990 Cynthia DeRuyter City of Andover 1635 Crosstown Boulevard Andover, ~N 55304 Dear Cindy, 2543 Como Avenue 51. Paul, MN 55108 612/646-2591 BOARD OF DIRECTORS Margaret Arnold lette~ Hill act as a Horking agreement between the JohnE.Brandt _"' .^ r d ' ,- " dr,. d '1 1 l~ 11 ," t i ..,.- T (" IE .- t"" Roben H. Bratnober U..L.. il...l 0 Ie.... ,-.n JOU Wl~ nL~Uw r ...'-'~, ..l.n,-.. ct>.J.....r Samuel H. Cantwell Suciety of Minnesota, for removal of recyclables D"~D.Grou Alldover":3 Recycling Center by (a'iES. JamesR.Hartzell Jerome M. Hughes James R. Jensen ;'}. Gr,){)ch.rill \-1ill provide containe!"~3 (gaylords and PhillipD.Klone barr."ls) at Andover - s Recycling Center, 1765 CrosstoHn NormanE,Lidke William J. Nielsen Boulevard. Gaylords and pallets (13 each) and 4 - 6 AnneT.Ousdigian barrels ,.;ill be set up ,.;i thin the building, for bulk Janprazak containment of recyclables. This is the maximum number JamesR,5tirratt i)f containers Wllich carl be picked lip weekly under the This City Seal frum 1~~rms uf tills dgreem~nt. Q, Recyclers will deliver materials to the Recycling Center, maintaining separation of like type materials as indicated. c. Current list of acceptable materials is attached. d. This agreement covers a set pick up schedule of once per week. Should it become apparent that Andover's recycling collection needs exceed the terms of this agreement, Goodwill would provide additional pick ups at $75 per trip. OFFICERS J an Prazak Chairman of the Board James R. Jensen Vice Chairman Jerome M. Hughes Vice Chairman John E. Brandt Secretary e. Net up will Phillip D. Klone weight of the material removed and date of pick Treasurer be provided on invoices. f. Goodwill will have viable/markets for materials collected and will endeavor to maintain those markets. But, Goodwill also reserves'~he right to stop the collection of any material should Goodwill's market position change. - \ 'J g. Goodwill reserves tile right to charge for disposal of any materials placed in collection containers that to not meet agreed standards. 11. Guudwill will provide writtall standards for l:3G.ch cate~0rY i)f recyclable ~eing Ci)llect~d. Norman E. Lidke Chaplain Michael Winh-Davis President Accredited by the Commission on Accreditation of Rehabilitation Facilities An Equal Employment Affirmative Action Employer ~~ Cindy DeRuyter Page 2 December 21, 1990 i. Hazardess waste, as determined by GWES, if received in collection containers, will be returned to Andover for disposal. COST Goodwill Industries fees for removal of recyclables from Andover's Recycling Center are as follows: a. $390 per month for a once per week collection schedule, currently scheduled for Wednesdays. b. Pick ups authorized by Andover Recycling Coordinator over and above regular weekly schedule will be charged at $75 per trip, c. Collection of office paper from the Andover City Hall and the school will be free of charge if it is placed in the Recycling Center. TERMS a. Payment terms on invoices are net 30 days. b. Invoices will be sent to: Recycling Center City of Andover 1685 Crosstown Boulevard Andover, MN 55304 c. The general terms of this agreement will be for 1 year. d. It is agreed that this agreement may be terminated by either party without penalty, by a 30 day written notice, sent by registered mail. Accepted and Agreed: City of Andover Date :~<f~ ~ odwill Industries,Inc. /7h Iro Date o :J Acceotable Materials List The following are the materials currently acceptable to the collection agreement between Goodwill Industries and the City of Andover. Glass - green brown clear. Metal beverages containers Plastic containers - HDPE (liquid soaps, detergents, oil, etc.) PET and milk containers Tin food containers - clean Corrugate - flattened White paper - from the city's white paper progrron 2l5lI , ) / ") ,_/ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION ITEM J"'. NO, Amend Fi re Truck Bids BY: AGENDA SECTION NO, Staff, Committee, DATE ORIGINATING DEPARTMENT Fire Department The city Council is requested to approve the following changes to the new fire trucks. We discovered during the pre-construction planning that remounting the old tank off the DNR unit would not work. It actually belongs to the DNR and would not fit well on a commercial chassis. We negotiated a good price for a stainless steel tank from Badger Northland, but when the drawings of the truck came back they were unacceptable. It looked like a hot dog on a semi. In correcting this, we went to a single axle and a polypropylene tank. Alexis said they work with poly and would build a tanker for us with a poly tank at no extra cost (poly costs considerably more than stainless). Badger did not want to build just one truck, so they asked if Alexis would take both trucks. Alexis agreed to do both in poly for the same price as bid. In further discussions, we found that new 1991 restrictions limited the I4900 chassis to 230 horsepower, down from 245 in 1990. This would be adequate for a single axle 1500-gallon tanker, but a dual axle 2500 would need more. We changed the chassis on the larger 2500-gallon tanker to an I2554, which has a 270 horsepower engine. In reviewing the engineering drawings, we decided to remove the hydraulic ladder bracket from the pumper and added a few small steps, compartments and valves. The net results are superior tankers and a better overall design for all trucks. The overall changes to the bond costs are: NET CHANGE/ALL TRUCKS (add) +$5,599 - 4,956 - 1,585 o -$ 942 Aerial and pumper (save) 2500-gallon tanker (add) 1500-gallon tanker (add) 2 grass rigs COUNCIL ACTION MOTION BY '-j TO SECOND BY "I '-, CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE MareR 19, 1991 AGENDA SECTION NO, Staff, Committee, ORIGINATING DEPARTMENT Fire Department ITEM NO, ~ Order I~' Packs Bids/Air BY: The City Council is requested to approve the specs and order the ad for bids for self-contained breathing apparatus. The specs are here at City Hall for Council review. The bids include: 20 4500 lb. 30 minute air packs with face masks and cylinders included 20 - 4500 lb. 30 minute bottles 10 extra face masks for those units Also, as an alternate bid for 4 - 4500 lb. 60 minute cyLinders Bids to be published on March 29, 1991. Bids to be opened at 10:00 A.M., April 23, 1991. Proposed award date of May 7, 1991. MOTION BY "-.j TO COUNCIL ACTION SECOND BY ,-.J "".,~/ c.' ...".~""'.\,,:\ ~J ) ~ ~ i ~ ':c',', \; if .~ ;1.'" , ' , ,~ ""'""",~.,,"~,A,;tf I CITY OF ANDOVER REQUEST FOR COUNCIL ACTION Fire Dept. AGENDA SECllON NO, sta f, Committee, Comm DATE ORIGINATING DEPARTMENT ITEM NO, ICe. Approve Revised By-law / Firefighters Relief S5~. v. Volk ~~I The City Council is requested to approve the revised by-laws of the Andover Firefighters Relief Association. The changes are in the resolution attached. Attch. ) MOTION BY TO COUNCIL ACTION SECOND BY ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -91 A RESOLUTION ADOPTING THE BYLAWS OF THE ANDOVER FIREFIGHTERS RELIEF ASSOCIATION INC. REVISION ncn, WHEREAS, certain sections of the present bylaws are updated to conform to the laws of the State of Minnesota, WHEREAS, early vesting permitted by the laws of the State of Minnesota is changed from ten years to five years, WHEREAS, charter members, acoording to a special law of the State of Minnesota, shall have their starting date in the Relief Association, for pension calculating purposes, be coincidental with their original date of acoeptance on the Andover Fire Department. WHEREAS, according to a new section of the laws of the State of Minnesota, probationary members of the Andover Fire Department, upon acceptance as active members of the Andover Fire Department, shall have their membership in the Relief Association, upon acceptance by the Board of Trustees of the Relief Association, coincide with the date of their acceptance as a probationary member. For pension calculating purposes, a members beginning date of eligibility shall be determined when they are accepted as active members of the Andover Fire Department. WHEREAS, the City of Andover annual contribution to the pension plan, which has not changed since 1983, be increased from $253 to $353 per active Relief Association member. WHEREAS, the Board of Trustees and the Membership of the Andover Firefighters Relief Association Inc. have voted to recommend adoption. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover, having been granted powers by the State of Minnesota concerning revisions dealing with disposition of public funds~ do hereby approve the Bylaws of the Andover Firefighters Belief Association Inc. revision ncn. Adopted by the City Council of the City of Andover on this ____ day of March, 1991 CITY OF ANDOVER ~-) ATTEST: Ken Ortt~l, Mayor Victoria Volk, City Clerk BY-LAWS of the ANDOVER FIRE FIGHTERS RELIEF ASSOCIATION '\ , i .-' Section I W~@W@~f~Jlli ARTICLE I MEMBERSHIP Any regular active or probationary member of the Andover Fire Department who is under 65 years of age shall be eligible to apply for membership in this association. Section 2 Application for membership may be made at any regular or special meeting of the board of trustees, and then laid over for one month for consideration. During this time, the board of trustees shall conduct an investigation to determine if the applicant, due to some medically determinable physical or mental impairment or condition, would constitute for the association a predictable and unwarranted risk of liability for benefits at an age earlier than the minimum age specified for receipt of a service pension. If no such impairment or condition exists, the board of trustees shall appoint the applicant to membership in the association. Section 3 Resignation or expulsion from the Andover Fire Department shall terminate the membership of the member so resigning, expelled or removed: provided, however, that any member who has served for at least the minimum number of years required by Article IX of these by- laws for vesting of pension rights as an active member of the Andover Fire Department shall retain his membership in this association, regardless of resignation or removal, subject to payment of dues and such other regulations which may be from time to time imposed. ) Page I (AVFD4) Revision C (Proposed) BY-LAWS of the ANDOVER FIRE FIGHTERS RELIEF ASSOCIATION ) ARTICLE II BOARD OF TRUSTEES Section I The board of trustees shall be composed of the following: a President, a Vice-President, a Secretary, a Treasurer, and two (2) general trustees, each of whom shall be elected for a term as specified in this Article, or until his successor has been elected and qualified, at the annual meeting of the association from its members, and in addition, the statutory ex officio members; the Chief of the Andover Fire Department, the Mayor, and the Clerk of the City of Andover. Section 2 ~\J6@W@~~illJ At the first election following the adoption of these by-laws, the two general trustees shall be elected for terms of one year; the President and the Secretary shall be elected for terms of two years; and the Vice president and Treasurer shall be elected for terms of three years. Thereafter, as their respective terms of office expire, two officers or general trustees shall be elected for three year terms at each annual meeting. If a vacancy occurs during the term of office of any officer or general trustee, the remaining members of the board of trustees shall elect a member of the association to serve for the unexpired term of the vacated position. Section 3 It shall be the duty of the board of trustees to prepare modes and plans for the safe and profitable investment of the unappropriated funds of the association, and whenever loans or investments are made, to investigate and pass on the securities offered and to attend to the drawing and execution of the necessary papers. The board shall order an audit of the books and accounts of the secretary and the treasurer annually, according to law, and shall submit a written report of the condition of the association to the members at the annual meeting. Section 4 The investment of the funds of the association shall be in the exclusive control of the board of trustees, in conformance with state statutes and subject to the approval of the council of the City of Andover. Section 5 ) The members of the board shall act as trustees with a fiduciary obligation to the State of Minnesota, to the City of Andover, and to the members of the association. Page 2 (AVFD4) Revision C (proposed) BY-LAWS of the ANDOVER FIRE FI(iH',na<S RELIEF ASSOCIATION .J ARTICLE III DUTIES OF OFFICERS Section I It shall be the duty of the President to attend and preside at all meetings of the association and the board of trustees. He shall enforce the due observance of the Articles of Incorporation and the by-laws and see that the officers properly perform the duties assigned to them. He shall sign all checks issued by the treasurer and all other papers requiring his signature. He shall be a member of all committees except the aid committee and shall exercise careful supervision over the affairs of the association. He shall receive such salary as may be fixed from time to time by the board of trustees, subject to approval of the association, and payable from the Special Fund or General Fund of the association. Section 2 It shall be the duty of the Vice-President to perform all of the duties of the President in the absence of the president. In addition the Vice-President shall preside over the aid Committee. Section 3 It shall be the duty of the Secretary to keep a true and accurate record of the proceedings of all meetings of the association and of the board of trustees. He shall keep a correct record of all amendments, alterations and additions to the Articles of Incorporation or the by-laws in a separate book from the minutes books of the association. He shall cause due notice of all special meetings of the association and the board of trustees to be given. He shall receive all cash monies due the association and pay the same over to the Treasurer, taking a receipt for the same, and failing to do so, he may be impeached and expelled from the association. He shall keep a roll of membership with the date of joining, resignation, discharge, dues and assessments paid and relief or pensions furnished. His books shall be at all times open to inspection by the board of trustees. He shall, prior to entering upon the duties of his office, give a bond in such amount and with such sureties as may be required and approved by the board of trustees, conditioned upon.the faithful discharge of his trusts and the full performance of the duties of his office, paid for from the Special or General Fund of the association. He shall jointly with the Treasurer prepare and fill all reports and statements required by law. He shall receive such salary as may be fixed from time to time by the board of trustees, subject to approval of the association, and payable from the Special or General Fund of the association. ) Page 3 (AVFD4) Revision C (Proposed) BY-LAWS of the ANDOVER FIRE FlliliTJiliS RELIEF ASSOCIATION ~j ARTICLE III (Cont.) Section 4 It shall be the duty of the Treasurer to receive all monies belonging to the association, and hold them subject to the order of the President and/or the Vice President as authorized by the board of trustees. He shall keep separate and distinct accounts of the General and Special Funds, and shall prepare and present to the board of trustees a full and detailed statement of the assets and liabilities of each fund separately prior to the annual meeting of the association. He shall invest funds held by him in investments authorized by the board of trustees. Failing in his obligations, he may be impeached and expelled from the association. He shall deliver to his successor in office, or any committee appointed by the board of trustees to receive the same, all monies, books, papers, etc., pertaining to his office immediately upon the expiration of his term of office. He shall, prior to entering upon the duties of his office, give a bond in such amount and with such sureties as may be required and approved by the board of trustees, conditioned upon the faithful discharge of his trust and the faithful performance of the duties of his office, and payable from the Special or General Fund of the Association. Jointly with the Secretary, he shall prepare and fill all reports and statements required by law. He shall receive such salary as may be fixed by the board of trustees from time to time, subject to approval of the association, and payable from the Special or General Fund of the Association. Section 5 There shall be an Aid Commitee, composed of the Vice President and two other members of the association, who mayor may not be members of the board of trustees, appointed by the President. The Vice- President shall be the chairman of this committee, whose duty shall be to see that assistance is rendered to each sick or disabled member, and to the survivors of any deceased member. -.J Page 4 (AVFD4) Revision C (Proposed) :j BY-LAWS of the ANDOVER FIRE FIGHTERS RELIEF ASSOCIATION ARTICLE IV MEETINGS Section I The Annual Meeting of the association, for the election of officers and trustees, and other business shall be held during the month of January of each year. Section 2 The board of trustees shall meet at least four times during each year. Section 3 Special meetings of the association or of the board of trustees may be called by the President, or two members of the board of trustees, and shall also be called upon written request of six or more members of the Association. Members or trustees shall be notified by the Secretary of such special meetings, and the object of the meeting shall be stated in such notice. Section 4 A majority of the board of trustees then in office, and 40% of the members of the association shall constitute quorums for the transaction of business at their respective meetings. Less than a quorum may adjourn a meeting to a future time, which the secretary shall make known to the affected members. Section 5 All meetings shall be conducted according to Robert's Rules of Order, as revised. ,~) 1. 2. 3. 4. 5. 6. 7. 8. 9. IO. ll. 12. ORDER OF BUSINESS Call to Order Roll Reading of minutes of previous meeting Reading of reports and minutes of board of trustees' meetings Reports of officers Propositions for memberships Reports of special committees Balloting for members Unfinished business Election of officers and trustees (annual meeting) New business Adjournment Page 5 (AVFD4) Revision C (Proposed) BY-LAWS of the ANDOVER FIRE FIGHTERS RELIEF ASSOCIATION .) ~,~~~~t&l ARTICLE V DUES, DUTIES AND RIGHTS OF MEMBERS Section I Each member shall pay to the association annual dues of $5.00 payable on or before the date of the annual meeting of each year. Section 2 Any member of the association who fails to pay his dues to the association within 15 days of the time which such payment was due, stands suspended from membership following due notification by the Secretary via certified mail, and forfeits all rights and benefits thereunder by such non-payment without any additional action by the association, or by any officer thereof. Section 3 Any member who shall, in the opinion of a majority of the board of trustees, fraudulently claim benefits from, or defraud or attempt to defraud the association in any way, shall be suspended from membership by the board, and he shall forfeit all further rights to benefits from the association. Section 4 Any suspended member can only be reinstated upon his application therefore, in writing, presented at a regular or special meeting of the association, accompanied by a sum or money equal to what he would have been required to pay to the association during the period of suspension had he not been suspended, plus a reinstatement fee of $25.00, upon a favorable vote of 2/3 of the members present and voting at such meeting. If the application for reinstatement is rejected, the money accompanying the same shall be returned to the applicant. Section 5 No money or funds of the Special Fund of the Association shall be disbursed except for those purposes specifically authorized by state statutes. Section 6 r;:'"',~-\ 1--::;\i"'"::~I'- -'. ,-- i ~ '1;"11;; I II \: ' ,.-..' I U..-::;;:.\ \; I! ~ - ;:: .:..:<\ ~. ,; U U .~:J ';:..'~' c..=.=-. No money or funds of the General Fund of the Association shall be disbursed for any purpose not herein provided for, unless authorized by the favorable vote of a majority of the members present at a regular or special meeting of the association. ~ ) Page 6 (AVFD4) Revision C (Proposed) BY-LAWS of the ANDOVER FIRE FIliJ:1'Xta<S RELIEF ASSOCIATION ;~.J ARTICLE V (Cont.) Section 7 All reports and resolutions shall be submitted in writing and no report from a committee shall be accepted unless it is the report of a majority of a commitee, provided, however, that a minority shall be permitted to present its views in writing. ARTICLE VI FUNDS Section I The funds received by this association from dues, fines, initiation fees, entertainments, and other miscellaneous sources shall be kept in the General Fund of the Association on the books of the Treasurer and may be disbursed for any purpose reasonably related to the welfare of the association or its members. Section 2 All funds received by this association from any tax sources, and all funds or property donated or granted to the association for the benefit of this fund shall be kept in a special Fund on the books of the Secretary and the Treasurer and shall not be disbursed for any purpose except those authorized by law. Section 3 All disbursement of funds of this association shall be made by checks drawn by the Treasurer and countersigned by the President or Vice President. Except when issued for salaries, pensions, and other fixed charges, the amount of which has previously been determined and authorized by the board of trustees or the membership, no check shall be issued until the claim to which it relates has been approved by the board of trustees. Section 4 All money belonging to this association shall be deposited to the credit of the association in such banks, trust companies, savings and loan associations or other depositories as the board of trustees may designate. :.J Page 7 (AVFD4) Revision C (proposed) BY-LAWS of the ANDOVER FIRE FIGHTERS RELIEF ASSOCIATION ~: ) ARTICLE VII APPLICATION FOR BENEFITS Section I All applications for relief or pension benefits shall be made in writing on forms furnished by the Secretary. Section 2 All applications for disabilty benefits shall be submitted to the board of trustees at a regular or special meeting of the board. The application shall be accompanied by a certificate from the attending physician or surgeon setting forth the nature of the illness or injury, the cause and duration thereof,' the length of time the applicant has been unable to perform his duties as a firefighter, and an estimate of the future time during which the applicant will be unable to perform his duties as a firefighter. Section 3 All applications for pensions shall be submitted to the board of trustees at a regular or special meeting of the board. Applications shall be verified by an oath of the applicant and shall state the age of the applicant, the period of service in and the date of retirement from the Andover Fire Department, the length of time he has been a member of the association, and such other information as the board of trustees may require. Section 4 No benefits or pensions shall be paid until the application therefore has been approved by a majority vote of the board of trustees. Decisions of the board shall be final as to the payment of such benefits or pensions. No person receiving a pension shall be paid any other benefits by the association. \ ) Page 8 (AVFD4) Revision C (proposed) .J Section 1 BY-LAWS of the ANDOVER FIRE FIGHTERS RELIEF ASSOCIATION ARTICLE VIII SICK AND DISABILITY BENEFITS If a member of this association shall become disabled to the extent that a physician or surgeon acceptable to the Board of Trustees shall certify that such disability will permanently prevent said member from performing his duties in the Andover Fire Department, the association shall, upon approval of the Board of Trustees, pay the balance of the member's account to the member after 100 days of disability. If a member who has received such a disability pension should subsequently recover and return to active duty in the Andover Fire Department, any amount paid to him as a disability pension shall be deducted from his retirement pension accrued at the time of such disability. Section 2 In the event of a temporary disability of less than one year, the member's time with the Association can be continuous. ARTICLE IX Service pensions_And Death Benefits ,-;:::' (::\', ',' f"D\: ',..J_' t i',',:. I \ ,)' ,,,-',' \ i' i, ~-' Section 1 - Service Pensions Clause (a). Item (i). Item (ii). Item (iii). item (iv). "J To be eligible to member must meet all of Eligibility requirements. receive a service pension a the following requirements: Be at least 50 years of age; Have retired from the Fire Department of the Municipality of Andover, Minnesota; Have done at least five years (which years need not be continuous) of active service with such department;before retirement; and ; Have been/a member in good standing of the Association at least five years; or have been a member of the Andover Fire Department prior to the formation of the Association in which case time as active members of the Fire Department prior to the date the Association was formed shall count as time as active members of the association. Page 9 (AVFD4) Revision C (proposed) " oJ Clause (b). (I) . (2) . ( 3) . (4) . ~J BY-LAWS of the ANDOVER FIRE FIGHTERS RELIEF ASSOCIATION Service pension. Each member meeting the requirements of Clause (a) shall be entitled to a defined contribution lump sum service pension as authorized by Minnesota Statutes, Section 424A.02, subd. 4. An individual account for each member shall be established. To each individual member's account shall be credited a right to an equal share of; any amounts of fire state aid received by the association; any amounts of municipal contributions to the association from tax levies or other available revenue sources; any amounts transfered from the General Fund; and any amounts equal to the share of the assets of the Special Fund (a) to the credit of any former member who terminated active service with the fire department of the City of Andover prior to meeting the minimum service requirement provided for in Clause (a) and has not returned to active service with the fire department for a period of at least five years or Page 10 (AVFD4) Revision C (proposed) BY-LAWS of the ANDOVER FIRE FIGH'.rERS RELIEF ASSOCIATION .~J (b) to the credit of any retired member who retired prior to obtaining a full non- forfeitable interest in the amounts credited to the individual member account pursuant to Clause (b); (5). any interest or investment income less expenses earned on assets of the Special Fund. At the time of retirement, a member meeting the qualifications of Clause (a) shall be entitled to that portion of the assets of the Special Fund to his credit which is nonforfeitable according to the following table based on the number of years to his credit: Completed Years of Service Nonforfeitable portion of annual or pro rata service pension amount 5 6 7 8 9 lO H W\%@\f\ill~bW 14 15 16 17 18 19 20 and therafter 40% 44% 48% 52% 56% 60% 64% 68% 72% 76% 80% 84% 88% 92% 96% 100% \ '.-) Page 11 (AVFD4) Revision C (Proposed) BY-LAWS of the ANDOVER FIRE FIGHTERS RELIEF ASSOCIATION .~J Clause (c). Deferred service pension. A member of the association who meets all of the requirements of Clause (a) except for Item (i), the minimum age requirement, who separates from active service prior to reaching the age of 50 years shall be entitled to a deferred service pension to commence upon his reaching the age of 50 years and upon his making a valid written application therefore to the association. The association shall pay interest on the deferred pension during the period of deferral at the rate actually earned less expenses by the Special Fund but not to exceed the maximum rate per annum set forth by Minnesota Statutes. Interest shall be compounded annually based on calendar year balances. The deferred service pension shall be governed by and shall be calculated pursuant to statutes, articles of incorporation, and bylaws applicable on the date on which the member separated from active service in the fire department and the association. Clause (d). Installment Payments. At the option of a retiring member, the service pension provided for in Clause (b) shall be paid in annual installments. The election of installment payments shall be irrevocable and shall be made by the retiring member in writing and filed with the Secretary of the association no later than 30 days prior to the commencement of payment of the service pension. The amount of the installment payments shall be determined so that the present value of the aggregate installment payments computed at an interest rate of five percent, compounded annually, is equal to the amount which would have been paid had the installment payment option not been elected. The payment of each installment shall include interest at the rate actually earned less expenses by the Special Fund but not to exceed the maximum rate per annum set forth by Minnesota Statutes, compounded annually on the reserve supporting the remaining installment payments as of the date on which the previous installment payment was paid, to the date of payment for the current installment payment. Section 2 - Death Benefits " Upon the death of any member of the Association who is in good standing at the time of his death, the Association shall pay the surviving spouse, if any, and if there is no surviving spouse, to surviving children, if any, and if no child or children survive, to the estate of such deceased member the balance of the member's account at the date of payment. '. ) Section 3 Page 12 (AVFD4) Revision C (proposed) ;-J '1 '-.j BY-LAWS of the ANDOVER FIRE FIGHTERS RELIEF ASSOCIATION For purposes of computing benefits payable under Articles VIII and IX, a "year of service" shall be defined as a period of twelve full months of active duty in the Andover Fire Department, beginning on the anniversary of the date when the individual became a member of said Fire Department. If a member's period of active service is not continuous, parts of years may be added together to compute full years. ifJoororgJ(O-IK~, 5" r! IJ!) u ~ \~/ LS J1 Page 13 (AVFD4) Revision C (proposed) BY-LAWS of the ANDOVER FIRE FIGHTERS RELIEF ASSOCIATION ) ARTICLE X AMENDMENTS Section I The by-laws of this association may be amended at any regular or special meeting thereof by a favorable vote of 2/3 of the members present and voting, provided that a quorom is present, and provided further that notice of any proposed amendment or amendments shall be given by reading the same at a regular or special meeting not more than 31 days next preceding that upon which such amendment or amend- ments are acted upon, and that a notice be handed to or mailed to each member at his last known address not less than lO days prior to such meeting; and provided further, that if such amendment or amend- ments shall change the amount of benefits or pensions, approval of the City Council of Andover must be obtained before such change may take effect. ARTICLE XI Special Fund Income and Allocations Section 1 All income to the association originating from taxes shall be placed in the Special Fund as provided by State Law. Section 2 Funds may upon majority vote of the general membership be transferred from the General Fund to the Special Fund. Section 3 The City of Andover shall at the Beginning of each year, during the month of January, pay to the Special Fund of the Andover Fire Fighters Relief Association, an amount not less than $350.00 for each active firefighter of record the previous August 3lst. Section 4 ,.J Each member shall have an account maintained by the Association Treasurer. Each member will be credited with a proportionate share of State contributed aid, and City contributions each year. All earnings and forfeitures for the year will be credited to each member's account based upon the member's account balance at December 3lst of each year. An account calculation policy approved by the Board of Trustees shall be used as basis for calculating each member's share. A statement of account will be made to each member once a year. Page 14 (AVFD4) Revision C (proposed) ) ~_J BY-LAWS of the ANDOVER FIRE FIGHTERS RELIEF ASSOCIATION Section 5 The city of Andover shall carry a m1n1mum of $IOOOO.OO of Term Life Insurance on all active and probationary members of the Andover Fire Department. Page 15 (AVFD4) Revision C (proposed) ":,',,,"'V""'~':,~, ,','" ",,'"~ ",r~""""'\ c. ~ o L ~'i',~, 0\ ) ~'~"""~'!!;'~,-,,<j,('Jo,,.J" CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE March 12, 1991 ITEM Assessment Abatement, NOj1. Cont. BY: v. VOlk\' AGENDA SEC.TLON , NO, Staff, Comml ttee, Comm ORIGINATING DEPARTMENT Admin. This item has been continued from the March 5th meeting at which time Council asked Attorney John Burke to research how to assess the property that was mistakenly deleted from the assessment roll. Council is requested to proceed with the abatement of the special assessments on PIN 13 32 25 21 0023. Apparently there was some question about which lots were owned by the owner of PIN 13 32 15 21 0023. He owns the two lots on the attached map outlined in green. If Council wishes to assess the parcel that was shown as being paid, it can be done at a later date because of the October 15th deadline to certify assessments. It is necessary to notify the County of the abatement prior to March 21st so that it can be acted upon by the County Board at their March 26th meeting. V:Attach. COUNCIL ACTION -- " MOTION BY TO SECOND BY '-.... \ <81 .. p,7./~ !f'I~_...y.n '1 '''---.. J,,-~'..~t;,:;,~ J/78 ~I (16.) (;o) M I '. ~ ~ ~ .(. ( 2780) ( 2660) ( 2740) , ~ , .~ I , i .1:." ,.417' " ,.l/1:3 ~,. I 3;- i' ; Z i (11,) (I;) ~~ (4-) .3 ?, == ( 2720) ~I (27~0 ) (2nO) "~1 :Z ' . L.. ../11" J/i'. n.: ~. . -CJ)' i ~. I ~ (II) (14) (~) ~I .17t7r .t:-= ~ ~ CJ) (2700 ) ~ (2760) ( 2~10) ~l , I i - 4) ! z 11;'" ,?,'J'B ,?/J'4 , ::>. ,z/? ~ (2~00) ~l; I N t I : (1) 1 (;,.) (t;/ " 'l I~ !:Ii \ (279~J/' ~ ';2: (2650) ( 2770) 'h 0 /5) (!) ;~ , ( 2520) '0:: .z/? ..!/J'J'tI ~<t , .~-~// .:. I -'fJ',)' or 1f4;,,,,~"A \ I I L fS) /'1 (7) . 4-, t d;~ . (2649).< ~ (2630) ~ .. , ': l ~ !I: i ::" '< " (J /1",.9 '~f.l> n~ ~ \ /t"?) ~y~\ . , / i t~!~ ~.:/ , J '---:d!::~Jr' 2 (;8<1 J~ ICREsl;' : ~ ~I~ : "I. "', 1-.' .~/4~F" In:~:~:~ ~~i .>p\ H',,' .> ,; ~ ~1\" ~. ~~I . ~ I (19) 9' ~ I ~J " I;, ~~ ~. 1'~J. ~,~~ ("'1~"'" ~"f''' ' \ ...~ .1. I '.,* .{.~' 1 .~, ! (~I!()) ~.t1f) IIQ~ ~'Jj1.7'f :i p/ ) ~. (1Z) "$ ., ' ,~'\ . '::-_'. :.,J." . \ (t,) (2540) vf,J~ AI,.,.,)" ". . ~JI"/,u'" # tllldhJr,.4'" /s~ #.:. (oo.u) : (J) ( 2~60) '" , /< -. f ". Lot-, +Aa...-f- -s /...c-Id A,,-vc!.- b",,,,,, ':'A.~,f<.,,-..f (I) ((,p,.... I J; . v . )( Q::d) (~1fJ 13 3;2 dS'~1 C();1..i, L CJ'/"" ,,-' N /2 '*. E"" -f'.i ~/.:" ,1/ K,( C/I//.,,,, .-,. '*. "j./c:" . .~.. JJ.2~ ,it ~ ;tJ~9.."C'J:':':'. ;"0+ i {\ c or(V"e.~ 1-~,1 j'Y1.o...",\<",J 'r"".J. (3 3~ .;;::,-.;2 1 00 Q "1) .if d!-~ u. <:r 13 30- .;J~/;;J.ocJol ~ ~ .. .~ " K /i ~;.~~ / , ....' '" ~ '" ~ '- .~ ~ '" -- -- -- - - -- -- C) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Marek 19, 1991 Administration APPR~7EFOR AGE~D6 AGENDA SECTION NQ Staff, Committee, ORIGINATING DEPARTMENT ITEM NO/~. DARE Contribution BY: The City Council is requested to consider the request from the Anoka Police Department to participate inthe Drug Abuse Resistance Education (D.A.R.E.) program. Attached is a copy of the Anoka Police Department's letter requesting funding. On July 3, 1990, the City Council was given a letter from the Anoka Police Department requesting participation in the D.A.R.E. program as "Item to the City Council". At that time, we didn't make comments or reply (copy of the 7/3/90 packet letter attached) . The Andover School's program (which includes Andover and, Coon Rapids students) is sponsored by the Sheriff's Department. '\ '.J MOTION BY TO COUNCIL ACTION SECOND BY 1.612-421.6632 Fax Number: 1-612.422-2092 ~---- '..~6" E't.~ t $ V FD.J - A. C. "ANDY" REVERING , ,,--____'_. => Chief of Police "-~cl t . tAr.-' l - n/;"H 6 loq' : , ,,~l r ~- POLICE DEPARTMENT 2015 1st AVE, NO" ANOKA, MINNESOTA 55303 March 5, 1991 CITY OF ANDOVER James Schrantz City Administrator 1685 Crosstown Blvd NW Andover, MN 55304 Dear Jim: The Anoka Police Department is conducting Drug Abuse Resist- ance Education (D.A.R.E.) programs in all 5th grade classes in Anoka schools. Our cost per student is $11.45. This cost covers course material but not officer's salaries. During school year 1990-1991, 90 5th grade students who are residents of Andover but attend Wilson, Lincoln, or Washington Elementary Schools will receive D.A.R.E. training. It will cost the Anoka Police Department $1,030.50 to provide the required material for training Andover students. The Anoka Police Department is requesting the City of Andover reimburse the department $1,030.50 for this training provided to Andover students. The City of Ramsey has already agreed to reimburse us for the cost of D.A.R.E. training for Ramsey students. D.A.R.E. is a very valuable drug education program that the department can continue ~o provide with your assistance. Sincerely, et~~~-PV?LL20~~ Edward R. Wilberg ~ Captain ~.J ~, iJr~ ~~~ 'f'~"""'"' , VA \1 . l' iJ?~,~~ . a.. AN INTERNATIONALLY ACCREDITED LAW ENFORCEMENT AGENCY Affirmatlv~ Action I l:aual Oooortunity Employer '/LGt- I : POLICE DEPARTMENT M e,C / ,1.;~/~) -. 1.612-421-6632 Fax Number: 1-612-422.2092 " NDY" REVERING hief of Police CITY OF ANDOVER June 26, 1990 James E. Schrantz, Administrator City of Andover 1685 Crosstown Blvd. Andover, MN 55304 Dear Mr. Schrantz: The City of Anoka Police Department, through its school liaison program, instructs the D.A.R.E. (Drug Abuse Resistance Education) program to all 5th grade students who attend school in Anoka. The D.A.R.E. program was originally conceived by the Los Angeles Police Chief and the Los Angeles Superintendent of Schools. It is aimed at the demand side of illegal drug use and targeted at the 5th grade student level. The purpose of the program is to give students every opportunity through proper instruction to resist any and all illegal. drug use. It is one of the few programs in the country which appears to be working. Presently, the City of Anoka commits resources to police officers' salaries, who are instructors in this program, and we seek assistance for approximately $8000 worth of training materials that are used. It costs about $11.45 per student for just the materials used. . "\ 'J ~ ,',- --\1 \r.i&~"~"'" ~1 ~.' ~~ ~t~., .;il~ ~,~ -_~;.....1..!" . . AN INTERNATIONALLY ACCREDITED LAW ENFORCEMENT AGENCY Affirmative Action I Equal Opporfunify Employer o :) Hr. Schrantz Page Two June 26, 1990 We believe the D.A.R.E. program is an educational means to assist with the reduction of drug abuse. D.A.R.E. is a long term commitment, however, and must be taught each year. There are approximately 90 students from the City of Andover who will be attending 5th grade in City of Anoka Schools during the 1990-91 school season. We are requesting that your community assist us with the cost of materials to educate Andover kids in the D.A.R.E. program. At $11.45 per student, we are requesting assistance for materials in the amount of $1,030.50 ~rom your community. If the City itself chooses worthwhile endeavor for your encourage you to pass this groups. not to assist communities' request on us in this children, I to Andover very would Civic I would be happy to speak presentation to your City appropriate. I look forward with you personally or make any Council, whichever you may deem to hearing from you. Andrew C. Revering Chief of Police cc: Hark Nagel Anoka City Manager :~) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION Engineering <5~ " AGENDA SECTION NO. Staff, Committee, DATE ORIGINATING DEPARTMENT OR ITEM NQ Approve storm Sewer 1'1. Base Ma s BY: T II The City Council is requested to approve the preparation of an "as-built" storm sewer base map for the rural area (areas outside the MUSA line). Currently, the Engineering and Public Works Departments are working without an "as-built" storm sewer base map. The base map will be helpful locating all existing storm sewer when Public Works has to clean out catch basins/storm drain pipes due to rain storms and/or freezing of pipes. The cost to complete the work is estimated to be $3,000. The funds would come from the drainage and mapping funds which has approximately $57,000 available. COUNCIL ACTION MOTION BY .- '\ \.J TO SECOND BY ~) ~ -. u Bones t roo Rosene Anderlik & Associates Otto G. Sonestroo. PE Robert W. Rosene. PE Joseph C. Anderlik. FE. Marvin l. SoNala. PE, Richard E. Turner. PE Glenn R. Cook. P.E. ThOmas e. NoyeS. P.E. Robert G. Sc:hunicht FE. Susan M. Eberlin, CPA Keith A. Gortlon. PE. Richard W. Foster. FE. Donald C. 8urgardt FE. Jerry A. Bourdon. P.E. Mark A. Hanson. P.E. Ted K. Field. FE. Michael T. Rautmann. P.E. Robert R. Pfefferle, PE. David 0. Lasker.:!. FE. Thomas W. Peterson. FE. Michael C. Lynch. FE. James R. Maland, FE. Kenneth P Anderson, PE. Mark R. Rolfs. P.E. Robert C. Russell:. A.LA. Thomas E. Angus. P.E. HO'Nard A. Sanford. PE Daniel J. Edgerton, FE. Mark A. SeiP. PE. Philip J. Caswell, P.E. Ismael Martinez. P.E. Mark D. Wallis. P.E. Thomas R. Anderson. A.IA Gary F. Rylander. P.E. Miles 8. Jensen. PE. l. Phillip Gravel III. PE. Rene C. Plumart, A.LA. Agnes M. Ring. ALC.P. Jerry D. PertzSch, PE. Cecilia Olivier. P,E. Robert R. Dreblow. P.E. Gary W. Marien. PE. Charles ^- EriCkson Leo M. PawelSKy Harlan M. Olson Engineers & Architects City of Andover 1685 Crosstown Boulevard NW Anoka, Minnesota 55303 ...... E .' . ',-" _. H. .' ~ II j -0 j l~E~tit.~ fl' c 3 -;;;;;1) ~- February 20, 1991 CITY OF ANDOVER Attn: James E. Schrantz City Engineer Re: Storm Sewer Base Map Our File No. 171 Dear Jim: We have reviewed the preparation of a storm sewer base map for the rural area of the City as requested. The estimated cost to complete the work is $3,000. The following is a summary of the work to be completed: 1) The storm sewer and culverts outside of the sanitary sewer area would be included on the plans. 2) Developers and MSA plans on file at City Hall would be used to collect information. 3) The record plans would indicate size, location and type of pipe. (d,'rechon of' -FloW.) 4) Driveway culvert would not be included on the plans, 5) The City Public Works Department will field check plans. 6) The information will be placed on 11 x 17 section maps I" = 200' supplied by the City, If you have any further questions please contact us. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. / , L!Lf~ ;f: U/4 Glenn R. Cook GRC:dh \ ) 171 2335 West HiQhway 36 · St. Paul, Minnesota 55113 · 612-636-4600 .J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Mar'i'b 19, 1991 Engineering ~ AGENDA SECTION NQ Staff, Committee, ORIGINATING DEPARTMENT ITEM NO. Accept Old Constance :J.O. Boulevard BY: The City Council is requested to approve the resolution accepting the old part of Constance Boulevard from 800 feet east of Goldenrod street NW to University Avenue. The Board of County Commissioners has approved by resolution the exchange of ownership this December 1990. Attached is the County resolution. MOTION BY / TO COUNCIL ACTION SECOND BY " CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ::_) RES. NO. A RESOLUTION ACCEPTING THE OLD PART OF CONSTANCE BOULEVARD FROM 800 FEET EAST OF GOLDENROD STREET NW TO UNIVERSITY AVENUE IN SECTION 13, TOWNSHIP32, RANGE 24. WHEREAS, the agreement indicates the City of Andover will take over as a local roadway, that portion of Constance Boulevard previously known as County Road Number 60, from 800' east of Goldenrod Street NW to University Avenue. NOW, THEREFORE, BE IT RESOLVED by the City Council that the roadway known as Constance Boulevard, formerly known as County Road No. 60, from 800' east of Goldenrod Street NW to University Street, be in the ownership of the City of Andover. BE IT FURTHER RESOLVED that the City of Andover accepts the right-of-way and responsibility of maintenance and repair of said Constance Boulevard from the County of Anoka. Passed by the City Council of the City of Andover this 19th day of March , 1991. CITY OF ANDOVER Kenneth D. Orttel - Mayor ATTEST: Victoria volk - city Clerk . \ , ) BOARD OF COUNTY COMMISSIONERS Anoka County, Minnesota DATE: December 11, 1990 OFFERED BY COMMISSIONER: Haas Steffen RESOLUTION #90-135 ., \. .-J RESOLUTION REVOKING PART OF CONSTANCE BLVD. N.W. (COUNTY ROAD NO. 60) TO THE CITY OF ANDOVER WHEREAS. the County Board of Ancka, Minnesota, has designated the new alignment of Constance Blvd. as County Road No, 60, from BOO feet East of Goldenrod SI. to 1000 feet East of University Ave, Exl.; and. WHEREAS, the County of Anoka has an agreement with the City of Andover regarding the designation of County Road No, 60; and, I , WHEREAS, the agreement indicates that the City of Andover will take over as a local roadway, that portion of Constance Blvd, NW" previously known as County Road No, 60, from BOO feet East of Goldenrod SI. to University Ave, Ex!: NOW, THEREFORE, BE IT RESOLVED by the Anoka County Board of Commissioners that the roadway known as Constance Blvd, NW" formerly known as County Road No, 60, from BOO feet East of Goldenrod SI. to University Ave, Ext., be reverted to the ownership of the City of Andover. BE IT FINALLY RESOLVED that the Anoka County Board of Commissioners relinquishes the right.of.way and responsibility of maintenance and repair of said Constance Blvd, NW, to the City of Andover, District #1 - Haas Steffen District #2 - Burman District #3 - Langleld District #4 - Kordiak District #5 - Cenaiko District #6 - McCarron District #7 - Erhart YES X X X X X X X NO Haas Steffen Burman Langfeld Kordiak Cenaiko McCarron Erhart STATE OF MINNESOTA ) SS COUNTY OF ANOKA ) I, John "Jay" McLinden, CQunty AdministrAtor, Anoka County, Minnesota, hereby certify that I have compared the foregoing copy of the resolution of the County Board 01 said County with the original record thereof cn fila in the Administration Office, Anoka County, Minnesota, as stated in the minutes 01 the proceedings of said Board at a meeting duly held on December 11, 1990, and that the sarno Is a true and corroct copy of said original record and of the whole thereof, and that said resolution was duly passed by said Board at said meeting. Witness my hand and seal this 11 th day of December, 1990. :) ~. . , ,:~~ ' ,.'c1. i/i I I . \ I --\\ II I ~I ! I . I ..: I I!-----r----- ~ I l I J I a I 0' 01 ~I " " '" , 't , .. 't , : , , I , , , i , I , -- . ,. I, . ~ I ".. n I ; , I I I I \h I ......--- ~ ~ ()I1dI,,*n I __l--- I- I I f-----i------ .~., I ! I . ~ I ~~.. I - , , AI'~.i ,I ~ I, I '-, -----It- I I i I i I~. 1- ~ ~ " " " " , '/ h-- r' ~ IL' ~ t- . m~i V/ ---i ~~' . ~~ =7- - - -- ~/~/l",.. I ~ I /O~KS I I: i! ----, ~ " "". " , '. 'f#rii.J: T.- ';'00 ~ONL'",; -, '.,.. . ""'" , -.S~'~;. oj.of "'mi..\r I I , I I I I I \ I~ ~ V I' ~ . ~ ' ,,/ I I LI I~ ~I ~P"'" , I I I I I i I I I I76TH AVE. NW I~TM AVE. NW 174TH AVE. NW II I73RD AVE. NW '1 I72.HO AYE. NW 1715T AVE. NW I70TH AVE. NW 169TH AVE. NW 0' 168TH AVE. NW 167TH AVE. NW I66TH AVE. NW I6~TH AVE. NW I64TM AVE. HW I63RO AVE. NW 162ND AVE. NW 161ST AVE. NW I60TH AVE. NW 1!59TH AVE. NW ~TH AVE. NW 1!57TH AVE. NW 156TH AVE. HW ho 0: (j "'1 &<( ~15 ~I~ o ~ ~ - <f. ....,J X>"-;: ~~ ~-:c o. ir~ 1!5!5TH AVE. NW I~TH AVE. NW 1!53RO AVE. NW !S2.NO AVE. NW .~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE M::.y,..h 1 Q . 1 OQ, Engineering ~ APPROVE AGEij BY: / I AGENDA SECTION NO. Staff, Committee, ORIGINATING DEPARTMENT ITEM NO, Rename Constance :;1./. Boul eva rd BY: The City Council is requested to approve the attached Ordinance changing the name of the old part of Constance Boulevard to Old Constance Boulevard. / " MOTION BY TO COUNCIL ACTION SECOND BY '-J :~ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA Ordinance No. AN ORDINANCE CHANGING THE NAME OF THE OLD PART OF CONSTANCE BOULEVARD FROM 800 FEET EAST OF GOLDENROD STREET N.W. TO UNIVERSITY AVENUE EXTENSION TO OLD CONSTANCE BOULEVARD. The City Council of the City of Andover, Minnesota does hereby ordain: Section 1: The street within the City of Andover, County of Anoka, State of Minnesota, which is presently named Constance Boulevard as located 800 feet east of Goldenrod Street N.W. to University Avenue, Section 13, Township 32, Range 24 is hereby renamed to "Old Constance Boulevard". Section 2: All ordinances or parts of ordinances of the City of Andover in conflict herewith are hereby repealed. Section 3: This ordinance shall be effective upon its passage and publication. Passed by the City Council this 19th day of March, 1991. CITY OF ANDOVER ATTEST: Kenneth D. Orttel - Mayor victoria Volk - City Clerk "- ) o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION ITEM NQ Assessment Manual ;t'). BY: AGENDA SECTION NO, DATE ORIGINATING DEPARTMENT Administration The city Council is requested to approve the remalnlng of the Assessment Manual that was presented to the Council on March 5, 1991 and approve the attached resolution. Pages 25, 26 & 27, the Prepayment Agreement, had been condensed into the first paragraph on Page 9 of the Development Contract. This paragraph provides for the City issuing a certificate showing the assessments are paid in full and the developer being liable for any deficiencies. Pages 28, 29 & 30 were replaced by the Development Contract starting with page 1. When we replaced the old Development Contract with the New Contract, we didn't remove all th~ pages. Attached are the pages which were corrected at the March 5th meeting along with a new index. COUNCIL ACTION MOTION BY ~ TO SECOND BY ~-) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. RESOLUTION APPROVING ASSESSMENT MANUAL POLICY AND PROCEDURE GUIDE WHEREAS, the City Council is cognizant of the need for a written policy and procedure guide for special assessments; and WHEREAS, the City Council believes that a manual on assessments will provide for a uniformity and consistency in assessments to the various properties over the years. NOW, THEREFORE, BE IT RESOLVED that the Andover City Council hereby approve the assessment manual entitled, "Assessment Manual Policy and Procedure Guide." BE IT FURTHER RESOLVED that the assessment manual shall be datec with the date of this resolution and this resolution shall be part of the manual. Passed by the Andover City Council this day of , 19 CITY OF ANDOVER ATTEST: Kenneth D. Orttel - Mayor Victoria volk - City Clerk \ ) PAGE 2 ~J ~-J INDEX PUBLIC IMPROVEMENT - SPECIAL ASSESSMENTS General 4 7 7 8 11 Purpose General Policy policies Relating to Special Assessments Procedures Relating to Special Assessments CAPITAL IMPROVEMENT FINANCING BY BONDING 16 CAPITAL IMPROVEMENTS FINANCING 16 FACTORS AFFECTING PROJECT COST AND ASSESSMENT RATES 20 PROJECT TIME SCHEDULE 21 SPECIAL ASSESSMENT HEARING PROCEDURE 22 OPTIONS AVAILABLE FOR PAYING SPECIAL ASSESSMENTS 23 SPECIAL ASSESSMENT WORKSHEET 24 DEVELOPMENT CONTRACT AFTER PAGE 24 -1- EXHIBITS 1. Resolution No. R78-6 Authorizing Deferrals of Special Assessment for Certain Senior Citizens 2. Water Rate & Sewer Rate Schedule PAGE 3 , ) '--- 9. Issuance of obli ations to finance the im rovements. Most spec~a assessments may e pa~ over a per~o 0 several years. consequently, on most public improvement projects thus financed, necessary funds are obtained from bonds issued at the time the improvement is made. The bonds are then paid off as the funds become available through the collection of the assessments and any taxes levied especially for that purpose. II. PURPOSE The purpose of this assess~ent manual is to set forth a guide to be utilized by the Engineering Department and Clerk's Department when preparing assessment rolls for approval by the City Council so as to assure uniform and consistent treatment to the various properties from year to year. The Engineering Department will plan and organize improvement projects of large enough scope such that good bid prices will be obtained. To help insure proper planning, all petitions for local improvements should be submitted to the City by the 1st meeting in April of the year when construction of the improvement will be considered. Exceptions to this general rule may be considered if the benefiting property owners understand the project may not get completed and the interest cost due to not being able to assess the project that year will increase the total cost of the improvement. III. GENERAL POLICY It is the policy that all properties shall pay their fair share of the cost of local improvements as they benefit; it is not intended that any property shall receive the benefits of improvements without paying for them. Local improvements will include water, sanitary sewer, streets, storm drainage, sidewalks, street lighting, recreational facilities, etc... "\ , J PAGE 7 ~) ,) IV. POLICIES RELATING TO SPECIAL ASSESSMENTS ASSESSMENTS: The total of assessments cannot exceed the project cost and must be apportioned equally within properties having the same general land use (residential, institutional, multiple family, commercial, or industrial), based on benefit. Total assessment against any particular parcel shall not exceed benefit to that parcel. project cost may include part or all of the cost of previously installed projects not previously assessed. (Examples: sewer trunk and water trunk, source and storage, topographic and S.D.) Assessment Period Improvements installed as a part of a new residential subdivision and petitioned for by the Developer shall be assessed for a period of up to 10 years. New commercial and industrial subdivisions petitioned for by the Developer shall be assessed for a period of up to 10 years. Assessments for improvements not included as part of a development shall be assessed for up to a 10 year period. A Senior Citizen deferral is permitted. (See State Law). Interest Rate The rate of interest on assessments shall be 1% greater than the rate of interest the City paid on the bonds which were issued to finance the project, or in the event no bonds were issued, then 1% greater than the average rate of interest on all permanent bonds issued in the previous calendar year or the current market rate, if higher. Indexes The construction cost index will be used to adjust connection, area and other costs not assessed with the improvement project. The construction cost index is a number computed by the "Engineering News Pl\.GE 8 Assessed". The types of improvements to be assessed on this basis are: :,) (a) Sanitary Sewer Trunk (b) Water Trunk (c) storm Drainage 2. Unit (Lot): Unit is a parcel or lot in a residential area that cannot be further subdivided, i.e., in single family R-4 Zone the minimum lot is 80' x 142.5'. The types of improvements to be assessed on this basis are: Trunk and lateral water, sanitary sewer, street and storm drainage improvements for subdivision of residential, industrial and commercial properties. 3. Front Footage: (short side) Trunk and lateral water, sanitary sewer, street and storm drainage improvements for subdivision of residential, industrial and commercial properties. Driveways and special services. 4. Variable Costs: Assessable Costs 1. Contract Costs: Amount paid to contractors for constructing the improvements. 2. Construction Interest: Cost of financing during time period of the improvement process starting when the first payment is made to the contractor until the assessment roll is approved by the City Council. The interest rate will be the bond rate. \ ) 3. Assessment Interest: Cost of financing during the time period of the assessment roll starting at date of adoption of the roll - the rate is the bond rate plus l%. PAr.F. 10 . " "-) Where lateral benefit is received from a trunk, the benefitting properties are assessed for the lateral cost similar to the properties served by a lateral. Water Service or Fire Line The water service is usually included with the lateral unless the services vary in size and/or number to each parcel or lot. If assessed separately, the service or fire line costs are apportioned as cost/each. storm Drainage Mainline Storm drainage costs are apportioned to the properties benefitting from the storm drainage by the gross area that is benefited from the storm drainage facility constructed. The costs are then apportioned to each parcel by the rate/acre as determined by dividing the cost by the gross area of benefit, then multiplying that cost/acre by the gross area of the parcel. Storm drainage improvements that are part of a county project, where the county road existed and the road is being rebuilt, the properties adjacent to the road that do not receive additional benefit will be assessed $100 per parcel based on an ENR index of 4796, Resolution R042-90, 4/3/90. Storm Drainage Lateral Storm drainage laterals are considered incidental to the street construction and are assessed as part of the street costs. Sidewalks Sidewalks are assessed to the benefitting properties by front footage or unit costs. .,) PJI,(~R 1 ~ ~-J '\ , ./ 2. the state Aid improvement shall require the payment of such assessments in five equal annual installments with interest thereon at the maximum rate allowed by Minnesota law in effect at that time on unpaid special assessments. Sidewalk costs that exceed M.S.A. reimbursement will be assessed. PA.r:F. 10; ~-) capital Improvement Financing by Bonding Permanent Bonds All projects will be financed using permanent or temporary bonding at the option of the City Council. New Development Financing The City, upon the request of the developer, may sell temporary bonds to finance a new development project. The City can sell two temporary bond issues each for a period of three years after which time permanent bonds will be sold for the four years remaining on the ten year assessment if the developer hasn't paid off all of the assessments. CAPITAL IMPROVEMENTS FINANCING A. Financing Alternatives 1. Current Revenue a. General Fund b. Park Development Fund c. Permanent Improvement Revolving Fund d. M.S.A. 2. Fund Balance a. General Fund b. Park Development Fund c. Permanent Improvement Revolving Fund d. M.S.A. 3. General Obligation Bond Issues by Referendum 4. Revenue Bond Issues 5. Bond Issue Supported by M.S.A. Funds 6. Special Assessments Bonds Issued in Accordance with Statute Sec. 429. \ , J PAGE 16 PROJECT TIME SCHEDULE :- 1 '_/ PETITION: Council Declare Adequacy, Order report Receive Report Public Hearing Process plans and Specifications Bidding Process Award Bid Construction Total Time Assessment Process ') / PAGE 21 5 to 6 months 3 months 8 to 9 months 2 months 10 to 11 months 2-3 weeks 5 weeks 3 weeks 4 weeks 5 weeks 2 weeks 22 weeks 12 weeks 34 weeks 8 weeks 42 weeks ~.~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE M~r~h 19, 199' Engineering ~ BY: AGENDA SECTION NO, ORIGINATING DEPARTMENT ITEM :?a. NO, Award Bids/90-12 & BY: The City Council is requested to approve the resolution accepting bids and awarding contracts for the improvement of projects No. 90-12 & 90-13 for sidewalk construction in the area of Bent Creek Estates and Creekridge Estates. Project 90-13, Creekridge Estates sidewalk, is eligible using MSA funds and the plan has been approved by state Aid. project 90-12, Bent Creek Estates sidewalk, will not be eligible using state Aid funding because Bunker Lake Boulevard does not currently meet state Aid standards. It is recommended that the funding for this project would come from the local MSA fund. The summary of bids are as follows: W.B. Miller, Inc. Sunram Landscaping Thomas & Sons Const. Inc. $30,536.00 $30,738.75 $32,880.50 The breakdown of the bid is as follows: 90-12 Bent Creek Estates 90-13 Creekridge Estates $ 3,185.00 $27,351. 00 $30,536.00 The engineer's estimate was $30,000. COUNCIL ACTION MOTION BY -~ TO SECOND BY ,~ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilman to adopt the following: A RESOLUTION ACCEPTING BIDS IMPROVEMENT OF PROJECTS NO. CONSTRUCTION IN THE AREA OF ESTATES AND AWARDING CONTRACT FOR THE 90-12 & 90-13 FOR SIDEWALK BENT CREEK ESTATES AND CREEKRIDGE WHEREAS, pursuant to advertisement for bids as Council Resolutions No. 007-91 & 008-91 , dated bids were received, opened and tabulated according results as follows: set out in January 2 , 1991, to law with W.B. Miller, Inc. Sun ram Landscaping Thomas & Sons Const. Inc. $30,536.00 $30,738.75 $32,880.50 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate W.B. Miller, Inc. as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with W.B. Miller, Inc. in the amount of $30,536.00 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. 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 Kenneth D. Orttel - Mayor , \ ,....J ATTEST: Victoria Volk - Citv Clerk '\ .\J .w -. 1\11 Bonestroo Rosene Anderlik & Associates Otto G. 8onestroo. P.E. Robert W. Rosene. P.E. JOseph C. Nldenik. P.E. Marvin L. $orvara, P.E. Richard e. Tumer, PE. Glenn R. Cook. P.E. Thomas E. Noyes. P.E. Robert G. SchuniCht. P.E. Susan M. Eberlin. c.P.A. Keith A. Gordon. PE. Richard W. Foster. FE. Donald C. Burgardt FE. Jerry A. Bouroon. p.e. MarX A. Hanson. P.E. Ttd K. Field. PE. Michael T. R.3utmann. P.E. Robert R. Pfetrerlt. FE. David a Loskota. PE. Thomas W Peterson. P.E_ Michael C. Lynd'l. PE. James R. Maland. P.E. Kennet:tl P. Anderson. P.E. Mark R. Rolfs. PE. Robert C. Russek. A.IA Thomas E. Angus. P.E. Howard A. Sanford. PE. Daniel J. Edgerton. p.e. Mark A. 5eip. P.E. Philip J. Caswell. p.e. Ismael Martintz. P.E. Mark O. ~1Iis. P:E. Thomas R. Anderson. A.lA Gary F. Rylander. p.e. Mj~s a Jensen, PE. L. Phillip Gravel Ill, PE. Rene C. Plumart. AlA ..-.goes M. Ring. A.l.C.P. Jerry D. f'!orttsch. P.E. Cecilia Olivier. P.E. Robert R. D~tO\N. PE. Gary W. Marien. PE. Chattes ^ ErickSOn Leo M. Paw<fsky Harlan M. Olson EngIneers & ArchItects February 15, 1991 City of Andover 1685 Crosstown Boulevard NW Anoka, Minnesota 55303 Attn: James E. Schrantz City Engineer Re: South Coon Creek Drive Bunker Lake Boulevard Sidewalk Improvements MSAP 198-108-07 & 198-119-01 City Project No's. 90-13 & 90-12 Our File No. 17146 Dear Jim: On Wednesday, February 13, 1991 sealed bids were received for the above referenced projects. A total of nine (9) bids were received. The low five (5) bids have been computer checked and are tabulated on the enclosed bid tabulation form. The low bidder is W,B. Miller, Inc. with a low total bid of $30,536.00. We recommend the City award the project to W.E. Miller, Inc. The project should be awarded contingent upon approval by the MnJDOT State Aid Department. If you have any questions please contact me. Yours very truly, B~. STROO, ROSENE, ANDERLIK & ASSOCIATES, INC. I /" #11 C'4,WU;~~ Harlan M. Olson HMO:dh Enclosure ~) 17146 2335 West HIghway 36 · St. Paul, MInnesota 55113 · 612-636-4600 ;,j CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE M~r,...h 10 . 109 J Engineering APPROVED AGENVL AGENDA SECTION NO. ORIGINATING DEPARTMENT ITEM NO,..L Award Bid/Fire ~T- Stations 90 26 BY: The City Council is requested to approve the resolution accepting bids and awarding contract for Project 90-26, Fire Station #1 and #2. The architect will recommend the lowest bidder - Maertens-Brenny. The contractor, we believe, will claim an error on Alternate 2 of $100,000. Alternate 2 is for a maintenance free block that the Building Committee recommends to be part of the award. If the contractor doesn't sign the bid, a number of options may be available such as: 1. Claim his bid bond. 2. Award to the next bidder. 3. Reject all bids and re-bid. 4. Other options. We will be meeting with Bill Hawkins, the architect and others to prepare a recommendation for the meeting on the 19th. MOTION BY '----- TO COUNCIL ACTION SECOND BY 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. 90-26 FOR FIRE STATION ~1 & ~2 CONSTRUCTION IN THE AREA OF 139TH AVENUE AND CROSSTOWN AND 166TH AVENUE AND VALLEY VIEW DRIVE WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 014-91, dated February 5 , 19 91 , bids were received, opened and tabulated according to law with results as follows: Lund Martin Const. $1,066,928 $1,220,000 $1,224,840 Maertens-Brenny Knutson Const. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Maertens- Brenny as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Maertens-Brenny in the amount of $1,066,928 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. 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 Kenneth D. Orttel - Mayor ~~ ATTEST: Victoria volk - City Clerk ;~ ADA ~ Bt~ 1\)1 Bonestroo Rosene Anderlik & Associates Om. Ci 8or>t:W'l,o. III ~l!J~!1 W Rt'i'~"'1l" P! Im,.u", 1." ...."C~.,..11t. .., M.I'''''' I ~rvJ11I, PE JlIl"~;I,'C11 T'....rf'lf". PI: O:/;'rol'lt Ci.lll..... FE ~(;.T!.nE Noyr"M'F. ROOI'/T Cl ~"IlJI"IICl"lt PE, \;11-11" ~ Eoet~l'I, C PoA lV.rn A tit)ri:lOn. I'E. !fltnjfl'C W Fos:er. pe r)('l~,\I~ C l!1,l"i"~t. PC Jf'''Y A eOl,lr,1Qn, P.E .v"rt A HoI"IO", PI. ~Il:., 'le~d. p'.e. MI(;''\,llttr r R;,l",'tm~nn. PS. R(,CC"t'r It Pftrferlt. P,$, 0"'1111 0 lO~lU;;tI. P.:. thgf'!'''~ W -'t~"Qn. It!. .'~,r;"~C'I~. l.yI"!en. !":i J."'('1 . M.1liJod. P.G. xtnl1e'~n ~ Ar.Qel".lOI'l. P e M~rk t. ~il1 P.! RoCe~ (: R1..oS~lc, ^.t ^ T^O,,,,, l MQw', ~~ "'~w.~ ~. s.nIQ,", ., ~""'~, J 'E~~'~oo. PE M'" A kl~ p~ Po~lo J. :~,~.t ~ E lJrn:ell\ ~nll'le:. r:'E Milr~ O. W'::l~,s. Pi!. il'l~""J~ t Mde~on. AlA Ga~ F, I r1andep, p~ Miles S, .'e"'~I"l. P! L P~I:!U~ O'MI lrl f!l,E .ll!erC' C P!l,oI"\"l.1t ^ I A ~,""{". M t/tni_ ^, C,P ""'I 0 ......"'''' '! 'C'(I:IO OIIVle'. pe ,;rODel't" OltblOW. PE a,1Y W Mon,n. ~e. C."I~"et A !;rJ;IUC'" ~M 1i'~1:.Ily H,rl.,Jfl M C1sO/'l Engineers & Archltect$ March 15. 1991 City of Andover 1685 N,W. Crosstown Boulevard Andover. MN 55304 Re: Fir~ Stations No.1 and No.2 Our File No. 17130 Dear Mr. James Schrsntz: We Brp happy to say that the hid~ were below the project budge: of $1,347.000. It is ()ur understanding tha.t the building committee wish to al cept the three add alternates. After reviewing the bid proposall:l we find tha.t Maertens Brenny ':onstruction Company has the low base bid as well as being low if any or all of the Alternates are accepted, Their bid is as follows: Base bid which includes the well Alternate No. 2 whi~h is for a maintenance free and more decorative masonry facade Alternate No. 3 which is for an automatic monoxide/diessel fume detector system Alternate No. 7 which is for enamel paint to the ceiling 1n both apparatus rooms The total bid with all the alternates is $1,028,991 $ 29,600 $ 7,800 $ flOO $1,066,991 It, however, has been brought to our attention that their alternate bid No. 2 is considerably lower than most of the other bidders. The ContrEctor indicated that he made a mistake and that th~ bid should have been $129,600. So far they are not willing to withdraw their bid. We recommend the City Attorney be notified of this situation trior to the Council Meeting, If Maert~ns Brenny wishes to with draw the next lowest bidd~r with all the add alternates included would be Lund Martin Construction. 1heir bid would be $1,220,009.81. Ye have only one slight reservation with their bid and that is the overhead door they wrote in on t/heir bid form, we simply wish tll know more about it prior to Contract signing. / R~spectfully submitted, , ') '----- INC. 2335 West HIghway 36 . St. Paul. Minnesota 55113 . 612.636-4600 7L~-.-I S3l~I80SS~ ~ OO~~S3NOg gg:6 I:':l.=l 'J:6-~'J:-:':l""W '~ \ I -./ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Mnr~h 1 Q 1 QQ1 "'....n_n~ - '---' ITEM ;?5"'. NO, Approve Plans & Specsl 90 25 Engineering ~ APP:Wi~V. ~D FOR AG\~)tl\ v AGENDA SECTION NO, ORIGINATING DEPARTMENT BY: Todd.l H;o;o" BY: I j The city Council is requested to approve the final plans and specifications and ordering advertisement for bids for project No. 90-25, Metropolitan Mosquito Control District for watermain construction. The plans and specs are avail~ble in the Engineering Office. COUNCIL ACTION MOTION BY '-. TO SECOND BY ~J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilman to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 90-25, METROPOLITAN MOSQUITO CONTROL DISTRICT FOR WATERMAIN CONSTRUCTION. WHEREAS, pursuant to Resolution No. 012-91, adopted by the City Council on the 5th day of February , 19 91 , TKDA has prepared final plans and specifications for project 90-25 for watermain construction; and WHEREAS, such final plans and specifications were presented to the City Council for their review on the 19th day of March , 19 9l NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the Final plans and Specifications . BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 a.m. Tuesday, April 9 1921- at the Andover City Hall. MOTION seconded by Councilman and adopted day of by the City Council at a meeting this , 19 , with Councilmen voting in favor of the resolution and Councilmen voting against same whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Kenneth D. Orttel - Mayor Victoria Volk - City Clerk ~ ,J 1'1 1"1 l..0 \ ._J . '\ "-,) MEMO TO: FROM: DATE: RE: Todd Haas, City of Andover Bill Caesar, Business Administrator MMCD 3/13/91 Water Service to the MMCD Anoka Division HQ Todd, At its February 21)991 meeting the Metropolitan Mosquito Control Commission passed the attached resolution supporting the compromise solution to supplying water service to the District Headquarters. The solution refers to Anoka County covering a portion, the Distict paying for a connection charge of approximately $ 16,860, and an area charge of approximately $3,110. Thanks. - . -- ...-.,-- if~ r: ('; IF, ~ ~d ~ D'" ~~I.~".~~ 1"" b. [. -l' "\ MAR 1 3 1991 \ ' ,- CITY OF ANDOVER " . r'I~ICD IL:..l... -I '1 U---'- . '\ '.~j Susan Palchick. Aedes Program Manager Loren Lemke, North Hennepin Division Foreman Laurene Lozoski, Main Office Clerical As~istant V1SITOR R. Richard Gauger, Gauger Engineering, Inc. On behalf of the Commission, Temporary Chair Hegberg welcomed Commissioner Mertz back to the Board, Temporary Chair Hegberg welC(1l11ed Mr. Lemke and Ms, Lozoski and invited their conuncnts. RESOLUTION 2 Coml1lis~ioner Tumer offered the following resolution and moved its adoption, RESOLVED, that the minutes of the January 17. 1991 Commission meeting be approved. Minutes January 17. 1991 meeting Commissioner Koniarski seconded the motion and the resolution wa~ adopted unanimously. RESOLUTION 3 Commissioner Finley offered the following resolution and moved its Financial statement adoption. RESOLVED. that the financial statement as of January 31, 1991 be approved. Commissioner Johnson seconded the motion and the resolution was adopted unanimously, nuilding Committee Repon--Commissioner Norgard Commissioner Norgard reported that twO Building Committee meetings had been held since the last Board meeting. lhe first one on February 6 and the second. immediately before teday's Commission meeting. RESOLU1'ION 4 Commissioner Norgard offered the following resolution and moved its adoption. . WHEREAS. the compromise proposal ,is a reasonable alternative and Anoka County has been helpful in bringing this issue to a resolution. BE iT NOW RESOLVED. that the Board approve the extension of the water main at the Anoka Division headquarters as per the agreed upon compromise. with an approximate cost to the District of $19.970. Water main-.Anoka Division headquarters , 1 \.-/ 2 I \ \ I , . Commissioner Kordiak seconded the motion and the resolution was adopted unanimously. '\ '-..../ Commissioner Norgard reported that the Building Committee had interviewed three architectural rums to provide architectural sexvices for the new administrative-research headquarters. The Committee hud support for twO of the finns. the majority of the Committee supporting the Boarman Kroos 1'11ster & Associates fmn and the minority supporting the WinsurNaricy fiml. RESOLUTION 5 Commissioner Finley offered the following resolution and moved its adoption, KESOL VED, that Richard Gauger and staff be authorized to negotiate a contract with WinsorlFaricy Architects, Inc. to provide complete architectural services for the Administrative-Research headquarters, Commissioner Loeding seconded the motion, A Sh(lW of hands was not verified and a roll call vote was requested. Temporary Chair Hegberg declared the resolution failed on a tie. 7. 7. vote. After clarifying his authority to vote as chair, the resolution [ailed with Commissioners Kordiak. Loeding, Chapdelaine, Turner, Norgard, Finley, Mertz voting "yes," and Commissioners Trende, Jude, Johnson, McLaughlin. Koniarski. Hegberg and Scheel voting, "no." RESOLUTION 6 Commissioner Norgard offered the following resolution and moved its adoption, RESOL VED, that the issue of choice of an architect be tabled until next month's meeting, Commissioner Trende seconded the motion. The resolution failed on a voice vote. RESOLUTION 7 Commissioner McLaughlin offered the following resolution and moved its adoption. / / RESOLVED, that Mr. Gauger and staff be authorized to negotiate a contract with Boanllan Kroos Pfister & Associates, as per the Building Committee majority report. 3 Architectural services.' Adminisrrative/ Research headquam:rs Architectural s c r v 1 C e s . - Administrativel Research headquarters Architectural serviceS-- Administrative/ Research headquarters ~) ::.~'~"'~., '~."'~"'.'\. ,1~- ;":t R 'G ~\ ) '-""':~":JC_""~cIi"i,,*!!\'~/ii'" CITY OF ANDOVER REQUEST FOR COUNCIL ACTION March 19, 1991 DATE " Non-Discussion Items Engineering ~ ~~~VED FOR A \~:b \..; BY: AGENDA SECTION NO, ORIGINATING DEPARTMENT ~JM~'Receive Petition/ , Creekview Crossing/91- BY: Todd J. Haas The city Council is requested to approve the resolution declaring adequacy of petition and ordering preparation of feasibility report for the improvements of sanitary sewer, watermain, streets and storm drain, Project No. 91-2, in the Creekview Crossing area. Creekview Crossing is Phase II of Old Colony Estates. COUNCIL ACTION MOTION BY ,~ TO SECOND BY CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA o RES. NO. MOTION by Councilman to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER, WATERMAIN, STREETS AND STORM DRAIN , PROJECT NO. 91-2 IN THE CREEKVIEW CROSSING AREA. WHEREAS, the City Council has received a petition, dated March 4, 1991 , requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous. 2. Escrow amount for feasibility report is $1000.00 3. The proposed improvement is hereby referred to TKDA and they are instructed to provide the City Council with a feasibility report. MOTION seconded by Councilman and adopted by the City day of Council at a Meeting this , 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 , \ ~) iF (~ .11.' / ( (II ~ )... TONY EMMERICH HOMES March 4, 1991 OECEJ.VE~l r\ M;\R 4 199~lU ,- James E. Schrantz City Engineer City of Andover 1685 Crosstown Blvd. NW. Andover, Mn. 55304 CITY OF ANDOVER RE: PROPOSED Creekview Crossing SUBDIVISION Dear Mr. Schrantz: Anthony J. Emmerich does hereby petition for improvements by the construction of water main, sanitary sewer, storm sewer and streets with concrete curb and gutter with the costs of the improvement to be assessed against the benefiting property which is described as: Creekview Crossing (Formerly Old Colony Estates 2nd) Said petition is unanimous and the publio hearing may be waived. We request that a feasibility report be prepared as soon as possible. We have enclosed a check for $1000.00 for the feasibility report expenses. (The $1000 will be credited toward 15% improvement escrow). Since)1elY, . (41 (v------~--.- AntJony J. Emmerich' Property Owner and/or Developer ; ~) 2619 Coon Rapids Blvd" Suite 101, Coon Rapids, MN 55433 !3RUGHR~,1 CO. ~~~~:-.: - .:~_.- .,. .">,.' i .... ....:.r ..~ .... ~.-... ...!.. ~J& ~ ) TEL-I,jo~.)i:':::- (di.)-.~-,).;:.U ; lor ~.... 1 .,'... -... --... _ ,r_ -- --- 9/-2- THE GAUGHAN COMPANIES ll'l/'1{ - ( 0,' ~ciJ Ii 4AS, CVf'3 1 A--'----.. G A ""'~ ~~ L t - J. r ""'-0 ...,.~~ J OI,J"'-"\.. 1- 4... oM ~~ e s-l".A.J I A....,J " ...:.,c...d ~ ,~ A<. V &.:J he. ~ J '-J t- D~ ~ 'I ?f;t.., /"'\ C{JA i.'t..1 A'i~ -h. ~ c;..o~1Y~ f -t;t.. Xu"," S.f.tuJ ..p~~ s".JJ.- T A~>I~ & ~ "" h ."~ At.J.J ~" IA....d- W'4- d"-A-- ~ 1 ~ t1~I.A ,t.,:;..<. ~ A~ +. "'~:"A ~ '.,J.l.'~ ~ .,~... ..'7-.f;~ s~ ~ ..",.~~~ _ ~ 'h6'-, .,.~~ ~ _ ~ .~.JA- J+~.tJ . . Ao..u&J.f\1' -,. ~.J ~., ;/"J.* ~ r1 ~ ~ 11JL.......L.. A'~.J ov...'" IA-! ~~ rd.. ~ /"1.l.tJ..4 ~c... s~~.~.'l f , / / 11' 1,.,.;1 j'. HA~t:1.- pV'c.$\'~"'..r R... ECEiVEO' .F.~ ~- CITY OF ,A,NDOVER 299 Coon Rapids Blvd, Suite 210 ~ Minneapolis, MN 55433 ~ (612)786-6320 . Fax 786-9320 . EOE ~) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION NO. DATE ORIGINATING DEPARTMENT Engineering .(~ ITEM~1. NO, Accept Feas. Report/ 91 I Crosstown Dr BY: The City Council is requested to approve the resolution receiving the feasibility report and calling a public hearing on improvements of storm drain and street construction, Project 91-1, along Crosstown Drive between Bunker Lake Boulevard and Crosstown Boulevard. There are two alternates to consider for street construction. Alternate 1. 32' street with sidewalk, no parking on both sides. Alternate 2 . 36' street with sidewalk, parking allowed on one side. Staff recommends Alternate 2. MOTION BY , ' '--./ TO COUNCIL ACTION SECOND BY CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ~ RES. NO. MOTION by Councilman to adopt the following: A RESOLUTION RECEIVING FEASIBILITY REPORT AND CALLING PUBLIC HEARING ON IMPROVEMENTS OF STORM DRAIN AND STREET CONSTRUCTION PROJECT NO. 91-1 IN THE CROSSTOWN DRIVE BETWEEN BUNKER LAKE BOULEVARD AND CROSSTOWN BOULEVARD AREA. WHEREAS, pursuant to Resolution No. 027-91, adopted the 5th day of March , 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 19th day of March , 19 91 ; and WHEREAS, such report declared the proposed improvement to be feasible for an estimated cost of $ 220,130.00 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. 91-1 , 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 $ 220,130.00 3. A public hearing shall be held on such proposed improvement on the 16th day of April , 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 ~~ ~:"""'-'!"';":"'::'li<, '<,.~,., ""'., ,.:f ~1 "l.i~ ;'. .p, '\L~ .iiJ.1 .~- "",.,' ~'''''"''''''~''~!ij'jfl!:{~.- CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA_ SECl'LON , NO, -Non"':D~scuss~on Items DATE ORIGINATING DEPARTMENT F~nance March 19, 1991 ~ ITEM"<*eceive February NO, , 'l t t t F~nanc~a S a emen s Howard D. Koolick~ BY: Finance Director APP~, D ~PR AGE VI BY/ /" REQUEST 7 The Andover City Council is receive the February 1991 financial statements for the General, Water and Sewer Funds. Please note that this report includes only the active in January and February relating to 1991. Expenditures and revenues which related to 1990 were charged against the 1990 budget in accordance with proper accounting principles. The exception to this rule is water and sewer revenue which will be credited to 1990 prior to the April billing. Should there be any questions about an item, please contact me prior to the meeting so that I may have adequate time to research the question. COUNCIL ACTION ) MOTION BY TO SECOND BY CITY OF ANDOVL:R YEAR TO DATE SUMMARIES FOR GENERAL, WATER AND SEWER FUNDS A:"? of 28Feb91 \_J G ENE R A L FUN 0 REV E N U E S ----------------------- ----------------------- GENERAL PROPERTY TAXES BUSINESS LICENSES AND PERMITS NON-BUSINESS LICENSES & PERMITS Building Related Other INTERGOVERNMENTAL REVENUE CHARGES FOR SERVICES Street Liqhtinq Other COURT FINES SPECIAL ASSESSMENTS MISCELLANEOUS REVENUE Interest Earned Refunds and Reimbursements Other' TRANSFERS FROM OTHER FUNDS From Admin. Trust Fund From TIF 1-1 Fund From TIF 1-2 FLlnd TOTAL REVENUE ! .I ~) Revised Year to Date Budget Actual --------------- -------------- 1,072,6l~3 .00 18,200.00 34,470.96 1,875.00 199,910.00 5.600.00 649,573.00 14,602.63 912.25 49,157.50 51,500.00 20,850,00 59,000.00 11,415.32 2.136.25 4,747.00 30,000.00 30,"000.00 4,300.00 604.79 294.24 90.000.00 24,000.00 6,000.00 2.261.576.00 120,215.94 ------------ ------------ ------------ ------------ , ; ! P",r'centage Remaining 96 89 92 83 92 77 89 91 100 97 93 100 100 100 94 CITY OF ANDOVER YEAR TO DATE SUMMARIES FOR GENERAL, WATER AND SEWER FUNDS As of 28Feb91 <) Revised Budget Year to Date Percentage Actual Remaining -------------- ---------- --------------- G ENE R A L FUN D E X PEN D I T U RES ----------------------- ----------------------- CITY COUNCIL NEWSLETTER MAYOR ELECTIONS ADMINISTRATION FINANCIAL ADMINISTRATION AUDITING ASSESSING ATTORNEY PLANNING AND ZONING DATA PROCESSING CITY HALL BUILDING FIRE STATION BUILDING PUBLIC WORKS BUILDING SENIOR CITIZEN'S CENTER EQUIPMENT BUILDING ENGINEERING POLICE PROTECTION FIRE PROTECTION RESCUE SERVICE PROTECTIVE INSPECTION CIVIL DEFENSE ANIMAL.CONTROL STREETS AND HIGHWAYS SNOW AND ICE REMOVAL . STORM SEWERS STREET LIGHTING STREET SIGNS TRAFFIC SIGNALS STREET LIGHTS-BILLED PARK AND RECREATION TREES. AND WEED CONTROL - RECYCLING ECONOMIC DEVELOPMENT UNALLOCATED IMPROVEMENT PROJECTS OTHER FINANCING USES 34,213.00 6,831.00 4,200.00 I I 106.171.00 102,891.00 10.000.00 31.500.00 60,600.00 51.002.00 19.845.00 35,833.00 14,190.00 23,600.00 9.635.00 3,593.00 71,165.00 404,078.00 256.652.00 39,057.00 127.530.00 2,400.00 9,096.00 227,799.00 130,352,00 22,821.00 15,000.00 31,606.00 3,000.00 38,000.00 231,897.00 9,476.00 37,129.00 16,544.00 61,070.00 / / 12,800.00 ------------ '1 / TOTAL EXPENDITURES 2,261,576.00 ------------ ------------ 7,922.35 21. 12 710.58 1,200.15 16,124.21 15,652.24 2,043.00 33,621.00 4,143.40 6,836.56 5,091.11 4,838.05 3,604.30 8.931.38 1,877.27 180.37 9,422.38 58.86 48,045.08 8,444.26 19,888.96 270.00 1,450.00 13,989.26 21,272.48 1,346.L~8 1,254.68 1,511.25 590,00 2,576.75 20,635.19 399.7L~ 2,185.47 2,500.06 25,529.00 1,863.98 ------------ 296,030.97 --..--------- ___0.________ 76 99 83 84 84 79 ( 6) 93 86 74 86 74 62 80 94 86 99 81 78 84 88 84 93 83 94 91 95 80 93 91 95 94 84 58 85 86 , ) 'j W ATE R REV E N CITY OF ANDOVER YEAR TO DATE SUMMARIES FOR GENERAL, WATER AND SEWER FUNDS As of 28Feb91 FUN D IJ E S ------------------- ------------------- WATER SALES METER SALES PERMIT FEES MISCELLANEOIJS REVENUES G ENE R A L FUN D TOTAL REVENUE W ATE R FUN D E X PEN S E S ------------------- ------------------- SOURCE, STORAGE AND TREATMENT DISTRIBUTION ADMINISTRATION TOTAL WATER FUND EXPENSES '-) ! / Revised Budqet --------------- 198,072,00 20.000.00 10,000.00 5,000.00 ------------ 233,072.00 ------------ ------------ 76,495.00 112,382.00 44,195.00 ------------ 233,072.00 Year to Date Actual -------------- 30.214.35 2,160.00 900.00 ------------ 33,274.35 ------------ ------------ 7,089.93 7,609.16 4,440.13 ------------ ------------ ------------ ------------ ------------ 19,139.22 Percentage Remaining 84 89 91 100 85 90 93 89 91 CITY OF ANDOVER YEAR TO DATE SUMMARIES FOR GENERAL, WATER AND SEWER FUNDS As of 28Feb91 '.. \,~ SEW E R FUN D REV E N U E S ------------------- ------------------- SEWn': CHARGES INTEREST TRANSFER FROM SEWER CONN. FUND TOTAL SEWER REVENUE SEW E R FUN D EXF'ENSES -------------------- -------------------- COLLECTION Metropolitan Waste Control othel" Expenses. ADMINISTRATION TOTAL SEWER EXPENSES I I I / "- ,~_/ Revised Budget Yeal" to Date Actual -------------- --------------- 360,469.00 1,000.00 30,500.00 ------------ 391,969.00 ------------ ------------ 243,781.00 70,732.00 77,456.00 ------------ 391,969.00 ------------ ------------ , I 74,001.79 ------------ 74,001.79 ------------ ------------ 60,945.00 5,326.34 3,709.34 ------------ 69,980.68 ------------ ------------ Percentage Remaininq ---------- 79 100 100 81 75 92 95 82 Or'omV<t R...c./Qt ~) CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW, . ANDOVER, MINNESOTA 55304. (612) 755-5100 MEMORANDUM Honorable'Mayor and Councilmembers TO: COPIES TO: FROM: DATE: REFERENCE: James E. Schrantz, city Administrator Howard D. Koolick, Finance Director March IB, 1991 status of April utility Billing The financial accounting software purchased last year includes a utility billing package that will replace the current unsupported and undocumented system we have been using. The finance staff attended a 2 day training session last fall and has worked hard to input all the data needed to begin billing on the system. o However, due to the volume of data required to set up accounts for almost 3,000 customers, the billing date of April 15th does not appear a feasible date at this time. I anticipate the billing being delayed by as much as two to three weeks. This would set the billing date around May 1st with a due date of three weeks after the billing date. The next billing would be sent as scheduled, around July 15th. In order to notify our residents of this delay, I would like to put a notice in the newsletter explaining the delay. I believe this will limit the number of telephone calls inquiring about bills. If you have any questions about this memo, please let me know or add this subject to tonight's agenda. ~) I CITY OF ANDOVER REQUEST FOR COUNCIL ACTION ITEM NO. Award Bid/Fire Stations 90 26 BY: AGENDA SECTION NO, DATE ORIGINATING DEPARTMENT Engineering The City Council is requested to approve the resolut on accepting bids and awarding contract for project 90-26, Fire Station ~l and ~2. The Building Committee has met various times and discussed in particular the benefits of Alternate ~2 of about $130,000 for a more aesthetic block and possibly less maintenance. We have discussed this item with the architect and the apparent low bidder and are recommending the bid be awarded to the low bidder including base bid and Alternates 3 and 7 with the consideration that an alternate choice of block in the amount of about $20,000 may be considered. The award including the alternate choice of block is still less than the 2nd bidder's comparable bid of base bid with Alternates 3 and 7. Attached is a revised resolution. COUNCIL ACTION MOTION BY TO SECOND BY 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. 90-26 FOR FIRE STATION #1 & #2 CONSTRUCTION IN THE AREA OF 139TH AVENUE AND CROSSTOWN AND l66TH AVENUE AND VALLEY VIEW DRIVE WHEREAS, pursuant to advertisement for bids as set out in Council Resolution No. 014-91, dated February 5 , 19 91 , bids were received, opened and tabulated according to law with results as follows: Maertens-Brenny $1,037,391 Lund Martin Const. $1,065,009 $1,067,110 Rochon Corp. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Maertens- Brenny as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Maertens-Brenny in the amount of $1,037,391 i 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. 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 Kenneth D. Orttel - Mayor ATTEST: Victoria volk - City Clerk .. , FAX TRANSMISSION I 114 8 t I Engineers & Architects ones roo ' . III Rosene 2335 West HIghway 36 ~ Anderflk & St Paul, MN 55113 . \J' Associates Bus. 612-636-4600 Toll Free 1.800.Q66.S573 Fax 612-636-1311 Date: e.72";?CJ ,J Our File No. From: Pages To Follow: {'2- Fax Number: 1 S :5- Y C! ,2 3 Remarks: '-.. Copy To: // /l 11 s,gned("'i (Jh1.. (-~...,/\.. Note To Addressee: If yc u did not receive all of the pages In good condition, pleaselldvise sender at your earliest convenien e. Thank You ~ DG! l\1t Bone.itroo Roser Ie Ande rlik & Assoc lates Orto G Son"nmo. PE rlOOI"r'f W ~senf'. PE )<l1eopn <: Afldrmk. F't M"l'\tln I SON",'. pc RI('/"I~rtJ" n..fnt'r Pf CJt:nn R COOl. PE 'I'\Qm.1\ e NO)C'l PI RoOcr1 0 S<l'\vn1tMt PE SlI\J\r\ M FeC'rlltl. {".... I(.::olthA C"~tw\, 1" RIc.'f'lj,ltrf W FoSt('1 Pe tJon.", C e""'JIllt. pc Jerry." atll.ln:ron:, PE. M"" ^ H.If'ISOfl. Pi 7t:l.I It .k:fc.t. Pl!, Ml('h,l('1 T ll.JI.l!m'M If! .ltMtrrll Pte~rfC.p.c. 0:1\11(1' Q Lo~ Pl. 'TtlorTI.li W pttet"Jon. JI:& M'lc:n:,,"I c:: l,yncn. 'E. J..fT'It'~ A M.;J:ncl. Pi 1l;.:o,,"(t/'1 , AAde!1:0n, P'! MOl< q qo",. P e Robe~ C RlJ~14'1C. A I ^ TnOM,u E ~1. !lie 1;"",.", A. ~oIot<I. Pi O.nl<l J. .000"",, 'c M.rl< A. loll> 'e PI'l/lIQ J CJS'M1l. P.i J,tn~tl M.1l'tltl4l. Pl. M.orM O. Wlllls. PI. Tnomu It. Ntclel"!Ott, '" A Cl..-y' q,.,.""... ,! MI",\ tl Jt"I~n. PE L F't,1I1IPGr.lVl:lJlf I'f ~n,. C PItIm.wt. A./,. J.qne\ M 114'0. A..le' .krT)O ~.,nt:t1.'e CrclllOOltvot't, Pf Itotxort tI D,t'b!OON .Pi 00)1'1 'IN Mo~n. II! Cl'I,;,tl~1 A .tfICllW/'l Uo M P.lM1!'lcky Half."M ("'01'1 Engineers & Arc: ,Itects March 15, 1991 City of Andover 1685 N,W. Crosstown Boulevard Andover, MN 55:04 Re: Fire StatJons No.1 and No.2 Our File ~o. 17130 Dear Hr. James Schrantz: We are happy to lay that the bids were below the project budget of $1,347.000. It is our understa'lding that the building comnlittee wish to accept the three add alternates. After reviewing '.he bid proposals we find that Maertens Brenny Construction Company has the low bu,! bid as well as being lOll if any or all of the Al te rna tes are accepted. Their bid is as follows: '.... ........... - Base bld which includes the well Alterulte No.2 which is for a maintenance free al~ more decorative masonry facade Altern Ita No.3 which is for an automatic monoxile/diessel fume detector system AlternLte NO.7 which is for enamel paint to the ceilin.1 in both apparatus rooms The to,sl bid with all the alternates is $1,028,928 $ 29,600 $ 7, BOO $ 600 $1,068.928 lt, however, has been brought to our attentitln that their alternate bid No.2 is considerably lowl.r than most of the other bidders, The Contractor indicated that he made a mistakl and that the bid should have been $129,600. So fsr they are not willing to T,/ithdlaw their bid. We recommend the City Attorney be notified of thh situation prior to the Council Meeting. If Maertens BrenlY wishes to with draw the next lowest bidder with a11 the add alternates incluied would be Lund Martin Construction. Their bid would be $1,220,009.81. Wa have only one/slight reservation with their bid and that is the overhead door ther wrote in on their bid form. we simply wiSh to know more about it prior to Contract signing. Respectfully subnitted, BONE . 00, RO~~RLIK & ASSOCIATES, ~/);tp. .~~'- omas R. An rsc~, A.I.A. TRA: lk INC. 2335 West Hlghwa~' 36 . St. Paul. MInnesota 55113 . 612-636-4600 .. ::l '~ I~ ;.; I;f~~ ~ [ ~ f & ~ i ~ I If ? ~ ] .. 'i H'I ~ tl1 If .. if 1 c:l I 0" 6 .. ~ ~ Q l I r. ~ 1 1 ~ ... ... fa"l' II p, ~ ~ ~ ~ . ~ z ! [ ~ [ . ~ ~ ~ .. .... !'? ~ E;; 8 (l I~ P tJl S c::. Gl 8 & z .. J~ ~ .. l;;3 '8 ;} ... j i~~ 0- ~ e. ~ ~ l:r ~ a~ tll II - ~1~ d'. 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