HomeMy WebLinkAboutCC March 19, 1991
DATE: March. 19, 1991
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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.
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THANK YOU.
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AGENDA
:'~-E-C-El-V--t-
R~R 8 1991 ,D
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COON CREEK WATERSHED DISTRICT
BOARD OF MANAGERS
CITY OF ANDOVER
March 11, 1991
7:30 PM
1. CALL TO ORDER
2. Approval of Agenda
3. Open Mike
POLICY ITEMS
4. Approval of February 25, 1991 Minutes
5. 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
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o ADJOURN
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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.
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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
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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
,
)
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: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.
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CO U N TY
OF
10 c.c.
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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
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7:30 P.M.
8:00 P.M.
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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
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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
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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~'.___.__.____...__...._ --.-- -.--'.- - --.---~-_.------.--_.-~-- ---~-.-~----....-~
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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
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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
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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,
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Area Hydrologist
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cc: Glen Yakel, St. Paul Waters
Peter Rauen
AN EQUAL OPPORTUNITY EMPLOYER
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'AD NO. 1/6
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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
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~ STATE OF
lM~rn~<Q)U.%
^ DEPARTMENT
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(__I:: )?}/,h.l./1.~~ ~ vD 0:'. /./;,~:..., /j-
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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:
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AN EQUAL ~;>pn~TtJNITY clAPI (lyc=<
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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.
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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
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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
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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. In denying the
request, the Commission s~all state those reasons for doing so.
,
!
3. The Planning and Zoning Commission may table the item.
RECOMMENDATION
Staff recommends Option # 1
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CITY of ANDOVER
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 · (612) 755-5100
'1
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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.
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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
, '\
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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
. ~ -" .... - .. -'
"-
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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
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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~\
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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
. '\
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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
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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
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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
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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.
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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.
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Page Three
In Re: 2646 NW l33rd Lane
26 February 1991
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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
\
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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.
\
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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 ~/ //,/ '? /
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*********************************************************************
/
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.
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SEC. 33
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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.-. /(#
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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
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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
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COUNCIL ACTION
SECOND BY
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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
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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.
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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.
\
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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:
. '\
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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.
'\
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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.
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CITY of ANDOVER
1685 CROSSTOWN BOULEVARD N.W. . 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
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MOTION BY
TO
SECOND BY
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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:
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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
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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
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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
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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.
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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
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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.
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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..."
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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.
STAFF RECOMMENDATION:
,
)
Staff recommends option B as outlined above.
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CITY of ANDOVER
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. 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)
*********************************************************************
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/oescription of Request >,v 'I, i
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t. .,,1 (J::
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Specific Hardship M.P Q 0 Q .~ (1 (\ C\ r. t'\! -
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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/
*********************************************************************
/
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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.
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l-AW O~~lCES O~
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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~
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WIllIam G. Haw Ins
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cc: D.Almgren
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i\ l- JAN 30 19911IJ
. ------'- I
CITY OF ANDOVER
Building Departmt:nt ,
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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
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Enclosures
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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
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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
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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
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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
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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.
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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
" -'.
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. 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.
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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
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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
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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
,
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(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.
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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.
, )
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(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
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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.
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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.
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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
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COUNCIL ACTION
MOTION BY
TO lutl~J
SECOND BY
&-v pJ-O
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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
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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
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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/
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Si"i at re ~
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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/~
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. '--
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
~
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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
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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
"
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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
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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 -
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"\
,-_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
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,_/
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
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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
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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
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f"D\: ',..J_' t i',',:. I
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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!
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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)
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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
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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.
'\
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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
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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
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AN INTERNATIONALLY ACCREDITED LAW ENFORCEMENT AGENCY
Affirmatlv~ Action I l:aual Oooortunity Employer
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POLICE DEPARTMENT
M e,C /
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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.
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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
~)
~
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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 .' . ',-" _.
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~-
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
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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.
:)
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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
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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
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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...
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PAGE 7
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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
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"-)
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.
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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.
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PAGE 16
PROJECT TIME SCHEDULE
:- 1
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PETITION:
Council Declare Adequacy, Order report
Receive Report
Public Hearing Process
plans and Specifications
Bidding Process
Award Bid
Construction
Total Time
Assessment Process
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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
, \
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ATTEST:
Victoria Volk - Citv Clerk
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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
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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 $1,066,928 for construction of the
improvements; and direct the City Clerk to return to all bidders the
deposits made with their bids, except that the deposit of the
successful bidder and the next lowest bidder shall be retained until
the contract has been executed and bond requirements met.
MOTION seconded by Councilman
and adopted by the
City Council at a
meeting this
day of
, 19 , with Councilmen
voting in favor of
the resolution, and Councilmen
voting
against, whereupon said resolution was declared passed.
CITY OF ANDOVER
Kenneth D. Orttel - Mayor
~~ ATTEST:
Victoria volk - City Clerk
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Bonestroo
Rosene
Anderlik &
Associates
Om. Ci 8or>t:W'l,o. III
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H,rl.,Jfl M C1sO/'l
Engineers & Archltect$
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
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S3l~I80SS~ ~ OO~~S3NOg gg:6
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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
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1'1 1"1 l..0
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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
"
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r'I~ICD
IL:..l... -I '1 U---'-
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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
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Commissioner Kordiak seconded the motion and the resolution was
adopted unanimously.
'\
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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
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
March 19, 1991
DATE
"
Non-Discussion Items
Engineering
~
~~~VED FOR
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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
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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
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2619 Coon Rapids Blvd" Suite 101, Coon Rapids, MN 55433
!3RUGHR~,1 CO.
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299 Coon Rapids Blvd, Suite 210 ~ Minneapolis, MN 55433 ~ (612)786-6320 . Fax 786-9320 . EOE
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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
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Victoria volk - City Clerk
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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
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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
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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
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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
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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
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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
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FAX TRANSMISSION
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. 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:
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Our File No.
From:
Pages To Follow:
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at your earliest convenien e.
Thank You
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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
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