HomeMy WebLinkAboutCC - February 5, 2013. F
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV
Regular City Council Meeting — Tuesday, February 5, 2013
Call to Order — 7:00 p.m.
Pledge of Allegiance
Resident Forum
Agenda Approval
1. Approval of Minutes (1/15/13 Regular; 1/15/13 Closed; 1/22/13 Workshop)
Consent Items
2. Approve Payment of Claims — Finance
3. Approval of Collective Bargaining Agreement/Public Works — Administration
4. Accept Resignation of Planning and Zoning Commissioner Michael Steel — Planning
5. Amend Official Depository Resolution — First MN Bank — Administration
6. Ratify the Appointments to the Advisory Commissions - Administration
Discussion Items
7. NPDES (National Pollutant Discharge Elimination System) Presentation & Public Meeting/l3 -1 —
Engineering
8. Hold Public Hearing/Order Plans & Specifications /13- 2/2013 Street Reconstruction - Engineering
9. Public Hearing: Vacation of Easement — Walmart - Planning
10. Approve Final Plat — Walmart at Andover Station — Planning
11. Public Hearing/Private Kennel License /15672 Kiowa Street NW — Administration
12. Discuss Safe Routes to Schools for Trail System — Engineering
Staff Items
13. Schedule March EDA Meeting — Administration
14. Schedule April 25"' Joint Meeting with Lower Rum River WMO Member Cities - Engineering
15. Schedule Local Board of Appeal & Equalization Meeting — Administration
16. Administrator's Report —Administration
Mayor /Council Input
Adjournment
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV
TO: Mayor and City Council
CC: Jim Dickinson, City Administrato
FROM: Michelle Hartner, Deputy City Clerk
SUBJECT: Approval of Minutes
DATE: February 5, 2013
INTRODUCTION
The following minutes were provided by TimeSaver, reviewed by Administration and
submitted for City Council approval:
January 15, 2013 Regular
January 15, 2013 Closed
January 22, 2013 Workshop
DISCUSSION
The minutes are attached for your review.
ACTION REQUIRED
The City Council is requested to approve the above minutes.
Respectfully submitted,
Michelle Hartner
Deputy City Clerk
Attach: Minutes
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REGULAR ANDOVER CITY COUNCIL MEETING — JANUARY 1 S, 2013
MINUTES
The Regular Bi- Monthly Meeting of the Andover City
Mike Gamache, January 15, 2013, 7:00 p.m., at the
Boulevard NW, Andover, Minnesota.
Councilmembers present: Mike Knight, Sheri Bukkila, Julie-3
Councilmember absent: None
........... .
Also present: City Administrator, Jim Dickinson
Community Development Director,
Public Works Director /City Engine,
City Attorney, Scott Baumgartner --
Others
PLEDGE OF ALLEGIANCE
RESIDENT FORUM
AGENDA APPROVAL
was called to order by Mayor
r City Hall, 1685 Crosstown
and Tony Howard
itions to Consent Item 3 and Discussion Item 7.
Motion by Bukkila, Seconded by Knight, to approve the Agenda as amended above. Motion
carried unanimously.
APPROVAL OF
January 2, 2013, Regular Meeting: Correct as amended.
Councilmember Trude requested a correction to the motion on page seven, line seven, for the
motion to indicate: "Motion to approve the ordinance as amended ".
Motion by Trude, Seconded by Howard, to approve the minutes as amended. Motion carried
unanimously.
CONSENT ITEMS
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Regular Andover City Council Meeting
Minutes —January 15, 2013
Page 2
Item 2 Approval of Claims
Item 3 Approve 2012 Pay Equity Compliance Report
Item 5 Approve Debt Service Payments
Item 6 Approve Resolution Designating 2013 Board of Appeal & Equalization (See
Resolution R007 -13)
Councilmember Knight requested Consent Item 4 be moved to discussion. Mayor Gamache
indicated this would be considered after Item 9.
Motion by Howard, Seconded by Trude, approval of the Consent Agenda as revised. Motion
carried unanimously.
ANOKA COUNTY SHERIFF'S OFFICE MONTHLY REPORT
Commander Kevin Halweg from the Anoka County Sheriff s Office presented the December
monthly report to the Council.
APPROVE CONDITIONAL USE PERMIT— AUTOMOBILE SERVICE STATION (AUTO
REPAIR AND SERVICE) —1716 BUNKER LAKE BOULEVARD NW
Mr. Carlberg explained Christian Brothers Automotive has applied for a conditional use permit
to operate an automobile service station at 1716 Bunker Lake Boulevard NW. City Code 12 -12
requires a conditional use permit. Additional review criteria for automobile service stations are
specified in 12 -8 -7. The project will also be required to complete the City's commercial site
plan process to finalize the site plan.
Mr. Carlberg introduced Mr. Jonathan Wakefield, Director of New Store Development for
Christian Brothers Automotive, who made a presentation to the Council.
Councilmember Trude commented on the building elevations and commended Mr. Wakefield on
the design. Mr. Wakefield reviewed the building elevations and landscaping with the Council.
Councilmember Howard wondered if there will be any night drops. Mr. Wakefield stated it
would be rare but possible. They will have a night drop area designated in the rear parking area.
Councilmember Trude liked the idea of the night drop area and wanted to make sure this will be
possible but is worried the resolution would be too restrictive on that. She thought they should
allow and accommodate that.
Councilmember Trude asked staff what wording should be changed to allow overnight parking,
if needed. Mr. Carlberg thought they could use the language "vehicles shall not be parked
routinely outside ". City Attorney Baumgartner noted the following wording could be added:
"With the exception of night drops, vehicles shall not be parked outside overnight ". The Council
supported that wording.
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Regular Andover City Council Meeting
Minutes —January 15, 2013
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Councilmember Bukkila asked what type of lighting will be used on site. Mr. Wakefield stated
they plan on using minimal lighting onsite. They do not normally have pole lighting. Mr.
Carlberg indicated they will need to follow the minimum lighting plan requirements of Andover.
Motion by Trade, Seconded by Bukkila, to approve the Conditional Use Permit allowing an
automobile service station at 1716 Bunker Lake Boulevard NW with the overnight parking
revision as discussed. Motion carried unanimously. (See Resolution R008 -13)
APPROVE AMENDED CONDITIONAL USE PERMIT — 16563 HANSON BOULEVARD
NW — NORLEX TURF
Mr. Carlberg stated the applicant, Dennis Kuiken, is seeking to amend the conditional use permit
to extend the deadline for the stockpiling of black dirt/fill at 16563 Hanson Boulevard NW. The
33 -acre site is located east of Hanson Boulevard NW. Mr. Carlberg reviewed the staff report
with the Council.
Councilmember Trade stated they have a number of sod farms in the area and wondered if this
business is not allowed unless there is a conditional use permit. Mr. Carlberg thought they
would look at the sod operation being the agricultural practice, stocking piling and use of the dirt
is generally not part of that operation. He stated the CUP is to stockpile in the locations the
applicant is proposing. This would be a temporary use. Councilmember Trade wondered if they
should regulate this better because it is more of an appearance issue as people drive through the
community.
Mr. Carlberg stated the City asks the business to use silt fence, grade and create nice berms, and
seed to prevent wind erosion. This will be requirements of the CUP.
Councilmember Trade thought if this continues on the site, there should be a business plan
discussed and evaluate how to operate this business so it is acceptable in the City. Mr. Carlberg
stated these types of applications in the future will be interim use permits, which can be
processed quicker, have time frames on them, and the ability to extend them. He noted it will be
easier in the future to come in for land reclamation, mining, stockpiling once they get into the
interim use permit regulations.
Councilmember Howard wondered how this would be treated if the applicant were to build a
berm and not have the black dirt for sale. Mr. Carlberg indicated that would be a part of the
operation and would not be part of this request.
Councilmember Trade felt the City was part of the equation of some of this problem because
they were looking at purchasing an open space site in this area.
Mr. Kuiken explained to the City Council the original intent of the stockpiling of the dirt and
why he needed to get an extension on his CUP. He noted he was not aware that he needed a
permit to install a berm on his property.
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Regular Andover City Council Meeting
Minutes —January 15, 2013
Page 4
Mayor Gamache asked if a property owner were going to build a berm, did they need a permit.
Mr. Carlberg indicated they would need to apply for a CUP if the owner is going to haul in over
400 cubic yards.
Councilmember Bukkila asked what Mr. Kuiken planned to do with the dirt. Mr. Kuiken stated
in the spring he will grade it down along Hanson Boulevard so it looks nice. He will then use it
to sell to homeowners, businesses, and for his sod jobs.
Councilmember Bukkila asked if Mr. Kuiken will replenish the dirt pile if it goes down. Mr.
Kuiken indicated he would not.
Councilmember Bukkila asked rather than duplicating the conditional use permit, could the City
amend the current one to allow for the three thousand cubic feet and no more. Mr. Kuiken
indicated that would be fine and it would be gone within two years.
Motion by Trude, Seconded by Knight, to approve the Conditional Use Permit extending the
stockpiling/storage of black dirt located at 16563 Hanson Boulevard NW.
Councilmember Bukkila asked if there was a limit included on the conditional use permit. Mr.
Carlberg stated there is a limit where any dirt that is removed cannot be replaced with more dirt.
Councilmember Trude thought they should add to the first whereas of the conditional use permit
that Mr. Kuiken has requested a CUP for stockpiling three thousand cubic yards of fill, strike the
word "sand" from the permit, and leave the wording as "fill ". The Council concurred with
Councilmember Trude's amendment.
Councilmember Howard indicated in the CUP there is not mention of replenishment of the dirt.
Motion carried unanimously. (See Resolution R009 -13)
ACCEPT FEASIBILITY REPORT /ORDER PUBLIC HEARING 112- 2817VIGHTINGALE
STREET NW RECONSTR UCTION
Councilmember Knight requested this item be pulled to discuss the corner on Nightingale Street
and Crosstown Boulevard because the problem had never been resolved.
Mr. Berkowitz stated any improvements to the intersection at Crosstown Boulevard and
Nightingale Street are not included in this project. They will be reconstructing the road north of
the intersection all the way up to 161" Avenue.
Mr. Berkowitz reviewed the project with the Council.
Councilmember Trude noted the City has received all the correspondence from the residents
regarding this project.
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Regular Andover City Council Meeting
Minutes — January 15, 2013
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Motion by Knight, Seconded by Trude, to accept the feasibility report and order the public
hearing for Project 12 -28, Nightingale Street NW Reconstruction. Motion carried unanimously.
(See Resolution R006 -13)
SCHEDULE FEBRUARY COUNCIL WORKSHOP MEETING
Mr. Dickinson requested the Council schedule a Workshop Meeting to discuss topics as detailed
in the staff report.
The Council discussed the draft agenda and available dates.
Motion by Knight, Seconded by Bukkila, to schedule a Workshop Meeting on February 26,
2013, at 6:00 p.m. Motion carried unanimously.
Mr. Dickinson noted he will be adding a MPCA update on the WDE site to the Workshop
meeting agenda.
ADMINISTRATOR REPORT
City Staff updated the Council on the administration and city department activities, legislative
updates, updates on development/CIP projects, and meeting reminders /community events.
MAYOR/COUNCIL INPUT
(Fence Request at 15949 Crane Street) Mayor Gamache officially requested they talk about the
15949 Crane Street request from the Nightingales on the fencing for their home. He would like
to look at this at the next Council Workshop.
(North Metro Mayors Association Board Meeting Invite) Mayor Gamache invited the Council
to the North Metro Mayors Association Board meeting at the Harvest Grill on January 23, 2013.
He noted Senate Majority Leader Bakk will be there. ,
(Mayors Annual Snowmobile Ride) Mayor Gamache stated they are planning the Mayor's
Annual Snowmobile Ride at Anoka County Fair Grounds on Saturday, January 19, 2013.
(Subway Pizza) Mayor Gamache noted at the new Subway in Andover, they are now making
pizzas. Mr. Dickinson noted that aspect of the new Subway is not yet open.
(Ribbon Cutting Event) Mayor Gamache stated he attended the ribbon cutting at the Wiechert
Realty office at Clocktower Commons, which is doing great in the City.
(Fire Fighter Recognition Dinner) Councilmember Bukkila stated on Saturday, she attended the
Fire Department Recognition dinner. She was impressed with the number of fire fighters that
have stayed on 25 and 30 years working for the City in a part time capacity. Councilmember
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Minutes —January 15, 2013
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Trude thought they should do some type of award for them at the Council level. The Council
discussed ways they could recognize the Fire Fighters for their time and contribution to the
community.
Mayor Gamache recessed the regular City Council meeting at 8:15 p.m. to a closed session of the
City Council to discuss Public Works Union Negotiations.
The City Council reconvened at 8:27 p.m.
ADJOURNMENT
Motion by Howard, Seconded by Bukkila, to adjourn. Motion carried unanimously. The meeting
adjourned at 8:28 p.m.
Respectfully submitted,
Sue Osbeck, Recording Secretary
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Minutes —January 15, 2013
Page 7
REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — JANUARY I5, 2013
TABLE OF CONTENTS
PLEDGEOF ALLEGIANCE .......................................................................... ............................... 1
RESIDENTFORUM ....................................................................................... ............................... 1
AGENDAAPPROVAL ................................................................................... ............................... 1
APPROVALOF MINUTES ............................................................................ ............................... 1
CONSENTITEMS .......................................................................................... ............................... 1
ApprovePayment of Claims ........................................................................ ............................... 2
Approve 2012 Pay Equity Compliance Report ............................................ ............................... 2
Approve Debt Service Payments ................................................................. ............................... 2
Approve Resolution Designating 2013 Board of Appeal & Equalization (See Resolution
R007 -13) .............................................................................................. ............................... 2
ANOKA COUNTY SHERIFF'S OFFICE MONTHLY REPORT ................. ............................... 2
APPROVE CONDITIONAL USE PERMIT — AUTOMOBILE SERVICE STATION (AUTO
REPAIR AND SERVICE) —1716 BUNKER LAKE BOULEVARD NW (See Resolution
R008-13) ...................................................................................................... ............................... 2
APPROVE AMENDED CONDITIONAL USE PERMIT —16563 HANSON BOULEVARD
NW — NORLEX TURF (See Resolution R009 -13) .................................... ............................... 3
ACCEPT FEASIBILITY REPORT /ORDER PUBLIC HEARING /12- 28/NIGHTINGALE
STREET NW RECONSTRUCTION (See Resolution R006- 13) ............... ............................... 4
SCHEDULE FEBRUARY COUNCIL WORKSHOP MEETING ................. ............................... 5
ADMINISTRATOR'S REPORT ..................................................................... ............................... 5
MAYOR/COUNCIL INPUT ........................................................................... ............................... 5
Fence Request at 15949 Crane Street .......................................................... ............................... 5
North Metro Mayors Association Meeting Invite ........................................ ............................... 5
MayorsAnnual Snowmobile Ride ............................................................... ............................... 5
SubwayPizza ............................................................................................... ............................... 5
RibbonCutting Event .................................................................................. ............................... 5
Fire Fighter Recognition Dinner .................................................................. ............................... 5
ADJOURNMENT............................................................................................ ..............................6
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ANDOVER CITY COUNCIL WORKSHOP MEETING — JANUARY22, 2013
MINUTES
The Workshop Meeting of the Andover City Council was c
Gamache, January 22, 2013, 6:00 p.m., at the Andover City 1
NW, Andover, Minnesota.
Councilmembers present: Mike Knight, Sheri Bukkila, Julie'
Councilmember absent: None
Also present: City Administrator, Tim Dickinson
Public Works Director /City Engine
City Engineer, Todd Haas
REVIEW MASTER PLAN OF SPORTS 0
Mr. Berkowitz explained the City Council
the 40 -acre Sports Complex, Project 12 -31.
reviewed the master plan with the Council.
one.
field.
not get wetland credit if they
hill in the project.
Councilmember Trade
was.
to order by Mayor Mike
1685 Crosstown Boulevard
and Tony Howard
Dave
v the proposed Master Plan for
Jason Amberg with WSB who
building would go if they decided to add
d go on the site by the multi -use athletic
ids-could have fountains. Mr. Amberg stated they would
He noted there will also be a disc golf area and a sliding
if this was maximizing out the site. Mr. Amberg indicated it
Councilmember Bukkila thought there should be a covered pavilion closer to the ballfield. Mr.
Amberg stated this was discussed at the Park Commission meeting and they thought the one
gazebo would be enough.
Councilmember Trade thought they needed to have a larger shelter. Mr. Amberg thought this
could be accommodated when they construct the multi - purpose building.
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Andover City Council Workshop Meeting
Minutes — January 22, 2013
Page 2
Councilmember Howard stated he would like to save as many of the big trees as possible,
possibly by doing custom grading instead of grading everything and replanting. Mr. Berkowitz
indicated they hoped to plant trees and natural vegetation over time with grants and their annual
budget to fill in the open areas of the park.
Mayor Gamache asked for information on how the large athletic field will be laid out. Mr.
Amberg reviewed the set up for the field with the Council.
Mr. Amberg noted they can add 24 additional parking spaces to the parking areas, if needed.
Sean Beggin from the North Metro Soccer Association gave his opinion regarding the parking
area.
Mr. Amberg reviewed the original four draft concept plans with the Council. He also discussed
the drainage on site and drive access to the parking areas.
Mr. Berkowitz noted on February 7th they plan to hold an open house for the surrounding area.
The master plan will then go to a public meeting on February 19th followed by phase one design
with a ground breaking by July 1St
Park Commission Chairperson Butler indicated the Park Commission has reviewed the plans a
couple of times and likes the current design. He reviewed what was discussed at the
Commission meeting, noting the Commission did not think the splash pad would work at this
park because it is too rural.
Councilmember Bukkila thought this park was supposed to be multi use and that the splash pad
may work with the volleyball courts instead of having basketball courts.
Councilmember Knight asked if supervision at the park has been discussed when it is busy or not
busy. Mayor Gamache thought they would have CSOs drive through periodically.
Mr. Berkowitz stated the CIP indicates $800,000 for this plan in 2013 and the master plan cost
estimate is $1,636,205.00. He reviewed the costs with the Council and noted the lighting is a
large part of the budget.
Mayor Gamache asked how much it would cost to just get the base wiring into the ground for
future light placement. Mr. Amberg stated part of the cost does include wiring but he is not sure,
off hand, what that cost would be. He thought it might cost more in the future if it is done in
stages and recommended it be done all at once.
Councilmember Trude thought they might want to bond for the lighting.
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Andover City Council Workshop Meeting
Minutes —January 22, 2013
Page 3
Councilmember Knight asked how the bond market will be. Mr. Dickinson thought the market
would be good for the year, but noted that with potential tax law changes issues could impact
financing.
Mayor Gamache felt they are working in the right direction on this project.
Chairperson Butler noted the City has invested some time and money in the master plan and he
hoped they did not develop the first part and put the rest on the "back burner" for years. He
wondered if they could put this on some type of schedule to get the entire park done in a timely
manner.
Councilmember Bukkila indicated they need to factor in and be mindful of the economy.
Councilmember Trade suggested they go with the parking shown on the plan and then have
proof of parking listed in case additional parking is needed. She stated they also need to add
parking lot lighting to Phase 1 of the plan.
Mr. Amberg recapped the changes resulting from the discussion with the Council.
DISCUSS PLEASANT OAKS PARK PARKING LOT
Mr. Haas explained the City Council is requested to discuss Pleasant Oaks Park to determine if
the existing gravel parking lot should be removed as recommended by the Park and Recreation
Commission.
Mayor Gamache asked what the cost would be to get rid of the parking lot. Mr. Haas stated
there is currently a drive over curb and they could remove the Class V material for a minimal
cost. He noted people are parking on the street already so the parking area is not needed.
Mr. Berkowitz noted the parking area is currently a sand lot and if they are going to keep
maintaining it, the Class V needs to be built up.
Councilmember Trade stated if they pull the parking lot out, they will want parking on the street.
She wanted to make sure the neighbors are aware of that and are fine with it. Mr. Berkowitz
stated the street is wide enough to allow parking on both sides of the street. Mr. Haas stated the
neighbors were notified and there have not been any concerns.
The Council was in concurrence with the Commission to remove the parking lot.
DISCUSS FENCE REQUEST INPONDING AREA (15949 CRANE STREET NW)
Mr. Berkowitz explained the City Council has requested workshop discussion of a request to
place a fence in a dry pond located at 15949 Crane Street NW.
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Andover City Council Workshop Meeting
Minutes —January 22, 2013
Page 4
Mr. Berkowitz reviewed the drainage plan in the development and discussed where the water
drains. He did not recommend allowing a fence in the pond area and suggested it be placed in
the yard between the patio and the drainage area.
Mayor Gamache stated the property owner has someone willing to build a fence with a gate to
allow access to their property. The City could also ask them to raise the fence to a certain point
to allow water to pass through. The City could also request they build a platform under the fence
to allow water to drain without weeds growing up deterring the water to flow. He did not see
much issue with a chain link fence. He wondered if there was a design plan that could allow a
fence to be built and still allow the water to flow through to the drainage pond. Mr. Dickinson
noted per code they can build a fence on their property but it cannot go all the way to the back of
the property.
Mr. Berkowitz showed photos of areas in the City where people installed fences that infringed on
the drainage and utility easements and caused problems.
Mayor Gamache thought the City needed to allow some options for people to put fences on their
property. Otherwise, they may have more people just start installing fencing without permission.
He thought the City should work with the residents to plan accordingly.
Councilmember Knight wondered if this was a special case because the child in the family is
autistic. Mr. Berkowitz stated that does not have a bearing on this consideration.
Councilmember Bukkila thought the City needed to take that into consideration because it is a
public issue. She stated the City needed to accommodate as many as they can but there will be
some situations that cannot be accommodated.
Councilmember Trude thought City staff had found a compromise but was not sure if the
property owner was happy with it.
Staff discussed with the Council some issues for drainage on different sites within the City. Mr.
Dickinson stated the City needed to be consistent.
Councilmember Knight thought staff should tell the resident they can construct an "L" shaped
fence.
Brian Kraabel, Utilities Manager, wondered how they regulate the use if the resident moves after
a fence is installed.
Staff continued discussion with the Council on the issue of installing a fence and the current
ordinance. Councilmember Howard suggested if a fence is allowed to be constructed, they
would need to install a mow strip in the area of the drainage and utility easements.
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Andover City Council Workshop Meeting
Minutes —January 22, 2013
Page 5
Mayor Gamache thought they could explain to the residents that the retention pond has to remain
open so it does not cause drainage impediments to them or their neighbors. He thought staff
should show the "L" shaped fence design to them and indicate that is the only option. He did not
think that a chain link fence would impede the drainage.
The Council indicated they are fine with the resident installing the "L" shaped fence as long as a
hard surface maintenance strip is installed under the fence and the flow of water is not impeded.
Mr. Berkowitz stated he would like to have an encroachment agreement attached to this
consideration because he wondered how they would regulate the requirements with future
homeowners.
Staff reviewed the two choices discussed with the Council:
1. A permit would be needed if the fence area is a rectangle.
2. If an "L" shaped fence is agreed upon, there needed to be a hard surface maintenance
strip installed under the fence along with an encroachment agreement.
Mr. Dickinson stated the concern he would have is allowing certain residents to do something
outside of what is currently allowed by code with an encroachment agreement. He thought they
may have issues with other residents in the future fighting for their situation and why their case
may or may not be approved.
The Council requested staff bring the two choices forward to the resident for review.
The Council recessed at 8:30 p.m.
The Council reconvened at 8:40 p.m.
REVIEW NIGHTINGALE STREET NW RE CONS TRUCTIONDESIGN /12 -28
Mr. Berkowitz explained the Council is requested to review the preliminary layout for the
proposed Nightingale Street NW Reconstruction, Project 12 -28.
Mr. Berkowitz reviewed the plans with the Council.
Councilmember Trude wondered if it made sense to reconstruct the intersection at Nightingale
Street and Crosstown Boulevard if it may be torn out for future improvements. She thought they
may want to wait to see if they need to make improvements. Mr. Berkowitz indicated they can
always pull that area before the intersection out of the plan, if needed. He suggested keeping the
intersection area in the plan. Councilmember Trude understood and agreed.
Mr. Berkowitz continued to discuss the reconstruction plans for the road including extending a
trail. He questioned if the Council wanted the trail to go farther north than 157th Avenue.
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Andover City Council Workshop Meeting
Minutes —January 22, 2013
Page 6
Councilmember Trade thought extending the trail would accommodate the development there
and people would like a loop to walk or run on.
Mr. Berkowitz stated the residents in the area only requested the trail be extended south, not
north. She felt that the roads within the development are not very busy so residents should be
able to walk along there to get to the path going south.
Councilmember Trade wondered if they are looking at future plans to extend the trail to 161St
Avenue in order to access the proposed park. Mr. Berkowitz noted they can look at it in the
future when a trail on 161" Avenue is built.
Councilmember Trade thought they should extend the trail to 158th Avenue to accommodate the
neighborhood.
The majority of the Council was not in favor of that option but liked the rest of the plan.
Councilmember Trade asked Mr. Berkowitz to find out where the bus stop is located so they can
figure out if the trail needs to be extended as part of future discussion.
Mr. Berkowitz indicated he would check and bring that information back to the Council.
DISCUSS SURVEY REQUIREMENTS FOR BUILDING PERMITS
Mr. Carlberg explained the City Council is requested to discuss whether surveys should be
required for all building permit activities. This discussion comes to the Council in light of a
couple building placement issues in relation to property lines.
Councilmembers Trade and Knight are not in favor of this because it was felt it would be too
expensive for the residents.
Councilmember Howard noted he brought this forward because since he has been on Council, he
has seen issues and thought a survey would be beneficial.
Mr. Carlberg stated if there is an issue of a large building possibly with issues he would suggest
a field survey be done. However, he did not think it was worth the price of a survey for a deck.
Mayor Gamache thought there could be a point to requiring a survey if it is a large structure.
Councilmember Knight asked what size they should use for a base line. Mr. Dickinson
suggested requiring a survey for detached structures 400 square feet or larger.
Mayor Gamache thought the building department should use discretion and only require a survey
if there are questions.
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Andover City Council Workshop Meeting
Minutes —January 22, 2013
Page 7
The Council was in agreement with this suggestion.
DISCUSS RECONSIDERING VARL4NCE REQUEST /15873 LINNET STREET NW
Mr. Carlberg explained the City Council, at the November 27, 2012 workshop, briefly discussed
the variance request to the frequency of allowing lot splits as provided in 13 -1 -3 of the City Code
for the property at 15873 Linnet Street NW. On December 18, 2012, the Council directed staff
to place this item on a workshop agenda to further discuss the decision to deny the request.
Mr. Carlberg reviewed the report with the Council.
Councilmember Trude stated the situations the Council sees as a concern are when a person has
property held for a long time, when the area develops and they get stuck with assessments, and
the City does not get the money back until the land is developed.
Councilmember Trude addressed her concerns with the rest of the Council and staff regarding
multiple lot splits on a lot. She suggested staff attach conditions regarding drainage and other
concerns that would normally be addressed during platting.
Mr. Carlberg stated the concern he would see is the economics as the reason for wanting to do
splits. He thought there should be a code amendment if the Council wanted to grant a split. He
liked the one year time period but if the Council is going to require all those conditions staff
wants to see about drainage, the price of a split is getting into the same costs as a plat.
Staff discussed with the Council lot splits and what type of requirements would be needed.
Mr. Berkowitz stated if they could put the right requirements on a lot split, staff would be in
favor of lot splits once a year.
Councilmember Knight did not think they needed to have a set time limit on lot splits if the
applicant meets the requirements.
DISCUSS AMENDMENT TO THE CITY CODE 12 -12 — OUTDOOR DISPLAY, STORAGE
AND SALES IN THE SC DISTRICT
Mr. Carlberg explained the City Council is requested to discuss an amendment to the City Code
12 -12 for Outdoor Display, Storage and Sales in the SC, Shopping Center District as requested
by Frattallone's Ace Hardware.
Mr. Carlberg reviewed the report with the Council.
The Council discussed with staff the areas where Frattallone's Ace Hardware is maintaining their
landscaping inventory outside and alternative areas where it could be stored.
Andover City Council Workshop Meeting
Minutes —January 22, 2013
Page 8
1 Mr. Carlberg stated Mr. Frattallone has requested a text amendment to allow outdoor storage and
2 sales. If this is approved and the CUP is applied for, the Council can then regulate where the
3 storage is located.
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5 Councilmember Bukkila indicated her concern is could a fire truck be able to get through to the
6 back of the building.
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8 Mayor Gamache asked if they are talking about Shopping Center Zoning District only. Mr.
9 Carlberg indicated that is correct.
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11 Mr. Carlberg stated he would notify the business owner.
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13 Councilmember Trude wondered if there were mall bays the owner could rent within the
14 shopping center.
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16 Mayor Gamache did not think there was any other area.
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18 Councilmember Trude indicated her only problem is the covering up of parking areas.
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20 Councilmember Bukkila suggested Mr. Carlberg sit down with Mr. Frattallone, discuss his file,
21 before the Council takes action on this.
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23 Councilmember Trude suggested they amend what was allowed only to the property by striking
24 the clause that does not allow storage along the side or behind the building on the current SUP.
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26 Staff indicated they will meet with Mr. Frattallone to review the issue.
27
28 DECEMBER 2012 CITYINVESTMENTS REVIEW
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30 Mr. Dickinson noted the Council received the 2012 City Investments Report and indicated if
31 there were questions, to contact him.
32
33 OTHER TOPICS
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35 There were none.
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37 ADJOURNMENT
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39 Motion by Howard, Seconded by Bukkila, to adjourn. Motion carried unanimously. The meeting
40 adjourned at 10:05 p.m.
41
42 Respectfully submitted,
43
44 Sue Osbeck, Recording Secretary
A'Lb 6, Y
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO: Mayor and Councilmembers
CC: Jim Dickinson, City Administrator / Finance Direct
FROM: Lee Brezinka, Assistant Finance Director
SUBJECT: Payment of Claims
DATE: February 5, 2013
INTRODUCTION
Attached are disbursement edit lists for claims related to the on going business of the City of Andover.
DISCUSSION
Claims totaling $187,728.34 on disbursement edit list #1- 2 from 01/22/12 — 01/29/13 have been issued and
released.
Claims totaling $140,094.11 on disbursement edit lists #3 dated 02/05/13 will be issued and released upon
approval.
BUDGET IMPACT
The edit lists consist of routine payments with expenses being charged to various department budgets and
projects.
ACTION REQUESTED
The Andover City Council is requested to approve total claims in the amount of $327,822.45. Please note
that Council Meeting minutes will be used as documented approval.
Respectfully submitted,
Lee Brezinka
Attachments: Edit Lists
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i
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.AN DOVER. MN. US
TO: Mayor and Council members
CC: James Dickinson, City Administrator
FROM: Dana Makinen, Human Resources Manager
SUBJECT: Approval of Collective Bargaining Agreement/Public Works
DATE: February 5, 2013
INTRODUCTION
The City Council is requested to consider the adoption of the 2013 Public Works Union Contract.
DISCUSSION
The 2013 bargaining process started May 2012 with the Public Works Union represented by Minnesota
Teamsters Public and Law Enforcement Employees' Union Local #320. A list of proposals was presented
and through active bargaining the following items are being submitted for approval.
1. Duration of Contract for 1 year, through December 31, 2013
2. 1.5% COLA increase on January 1, 2013.
3. Me too clause for COLA increase.
4. Longevity of 2.5% at 25 years and 3% at 30 years not compounded annually, not in contract, but
put into pay plan with currently longevity.
5. Continuation of previously adopted MOU's.
The full Union contract is available in the Human Resources Office for your review.
BUDGETIMPACT
Funding for all increases is included in the 2013 City Budget.
ACTION REQUESTED
Approve the Public Works Union Contract for 2013.
Respectfully submitted,
C/ii ZG CC/
Dana Makinen
A'Lb Y �. w O F
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.AN DOVER. MN. US
TO: Mayor and Councilmembers
CC: Jim Dickinson, City Administrat
FROM: David L. Carlberg, Community Development Director
SUBJECT: Accept Resignation of Planning and Zoning Commissioner Michael
Steel
DATE: February 5, 2013
REQUEST
The City Council is requested to accept the resignation of Planning and Zoning
Commissioner Michael Steel.
Attachments
Emailed resignation from Mr. Steel.
Dave Carlberg
From: Michael Steel [msteel31749 @hotmail.com]
Sent: Thursday, January 17, 2013 11:59 AM
To: Dave Carlberg
Subject: I am moving out of Andover
My wife and I were surprised with a housing opportunity we could not pass up. The process started two weeks ago and
we were not even looking to move. We will be moving to Anoka and will be putting up our house for sale soon. As I
mentioned to you Dave, even though my time was short I quickly became aware of how proud each commission member
is about the city of Andover. I believe that their intentions are focused as to what is best for the city. Again thank you
and the city council for allowing me to see how the city works behind the scenes. I am now turning in my resignation.
Darn........
EA11L C I T Y 0 F
Nq DO A
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
To:
FROM:
SUBJECT:
DATE:
Mayor and Councilmembers
Jim Dickinson, City Administrator
Modify Depository Resolution/Authorize Investment Account
February 5, 2013
INTRODUCTION
Minnesota State Statute 118A.02 requires the City Council to designate official depositories. Financial
institutions designated as official depositories are the only institutions in which the city funds may be
deposited.
DISCUSSION
On Friday, January 18, 2013, 1 st Regents Bank, Andover, MN was closed by the Minnesota Department
of Commerce. Subsequently, the Federal Deposit Insurance Corporation (FDIC) was named Receiver.
All deposit accounts have been transferred to First Minnesota Bank, Minnetonka, MN.
City Staff met with representatives of First Minnesota Bank about the potential of First Minnesota Bank
being an investment option and secondary depository for the City of Andover. On occasion the City of
Andover may desire to utilize First Minnesota Bank for investment services and as a depository for
miscellaneous accounts.
BUDGET IMPACT
This is a cash management issue and has the potential to save fiscal management fees.
ACTION REQUIRED
The Andover City Council is requested to approve the attached resolution updating the January 2, 2013
"A Resolution Designating Depositories of City Funds and Supplemental Depositories of City Funds for
Investment Purposes Only ".
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
A RESOLUTION MODIFYING CITY OF ANDOVER RESOLUTION NUMBER 005-
13, A RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS AND
SUPPLEMENTAL DEPOSITORIES OF CITY FUNDS FOR INVESTMENT
PURPOSES ONLY.
WHEREAS, Minnesota Statutes, Section I I 8 sets forth the procedures for the
deposit of public funds which include requiring the Andover City Council to annually
designate the official depositories for City funds and manage the collateral pledged to such
funds; and
WHEREAS, other financial institutions are, from time to time, able to pay the City of
Andover interest rates on deposits that are greater than can be obtained from the official
depositories; and
WHEREAS, on Friday, January 18, 2013, 1st Regents Bank, Andover, MN was closed by
the Minnesota Department of Commerce and subsequently the Federal Deposit Insurance Corporation
(FDIC) was named Receiver. All deposit accounts were transferred to First Minnesota Bank; and
WHEREAS, First Minnesota Bank can provide services to the City of Andover
comparable to the City's current supplemental depositories;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover that 1St Regents Bank is removed as a supplemental depository and First Minnesota
Bank be added as a supplemental depository for investment and cash management purposes
only.
Adopted by the Andover City Council on the 5th day of February 2013.
CITY OF ANDOVER
ATTEST:
Michael R. Gamache - Mayor
Michelle Hartner — Deputy City Clerk
• ,.,. 6NDO)
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.AN DOVER. MN.US
TO: Mayor and Councilmembers
CC: Jim Dickinson, City Administrator
FROM: David L. Carlberg, Community Developmbht Director
SUBJECT: Ratify the Appointments of the Advisory Commissions — Administration
DATE: February 5, 2013
INTRODUCTION
The City Council is requested to ratify the appointments to the advisory commissions.
DISCUSSION
The City Council on January 28`h and 29`h interviewed 19 candidates for the Park &
Recreation Commission, Planning & Zoning Commission and Open Space Commission. The
City Council appointed the following individuals to the listed advisory commissions:
Park and Recreation Commission:
• Ted Butler — 3 year term
Mark Miskoweic — 3 year term
• Shane Stenzel — 3 year term
Alternate #1 is Tony Kowalewski
Alternate #2 is Twila Hauck -Martin
Planning and Zoning Commission:
• Lynae Gudmundson — 3 year term
• Bert Koehler— 3 year term
• Tim Cleven —1 year term
Alternate is Michael Spande
Open Space:
• Bruce Perry— 3 year term
• Kim Kovich— 3 year term
Alternate is Hugh Phillips
ACTION REQUESTED
The Council is asked to adopt the attached resolution approving the final plat with conditions.
Respectfully submitted,
Z4 ;� • L."
David L. Carlberg
(a)
(AC I T Y O F
NDOVE
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV
TO: Mayor and Council Members
CC: Jim Dickinson, City Administrator
David D. Berkowitz, Director of Pu 'c orks /City Enginee
From: Kameron Kytonen, Natural Resources Technicianj9
Subject: NPDES (National Pollutant Discharge Elimination System) Presentation &
Public Meeting/13 -1 - Engineering
Date: February 5, 2013
INTRODUCTION
The City of Andover is required to comply with the latest NPDES regulations set forth by the
Minnesota Pollution Control Agency (MPCA). One requirement as part of this process is to
hold a public meeting to receive feedback on the program.
DISCUSSION
To satisfy the MPCA mandates, staff fulfills the objectives under several Best Management
Practices (BMP's), which are part of a dynamic Storm Water Pollution Prevention Program
( SWPPP). This is a list of actions taken to improve the quality and reduce the quantity of
storm water runoff.
Staff will give a brief PowerPoint presentation summarizing ways property owners can help to
improve storm water quality. Following the presentation, the Mayor will be asked to open up
the public meeting. Residents of the City will have an opportunity to make written and /or oral
comments on the City's efforts thus far. They may comment on the components of the SWPPP
as well.
ACTION REQUESTED
The City Council is requested to hold a public meeting to review the City's status of
compliance with the program and make recommendations as needed.
Respectfully submitted,
Kameron Kyto n
Natural Resources Technician
Y 0 F
O j r L ,
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
TO:
CC:
FROM:
SUBJECT:
DATE:
FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV
Mayor and Council Members
Jim Dickinson, City Admini
David D. Berkowitz, Director of Public VTorks / City Engineer
Hold Public Hearing/Order Plans & Specifications /13- 2/2013 Street
Reconstruction - Engineering
February 5, 2013
INTRODUCTION
The City Council is requested to hold a public hearing for Project 13 -2, Stenquist Addition &
159th Avenue NW for street reconstruction/paving improvements.
DISCUSSION
Identified in the City's 2013 -2017 Capital Improvement Plan is reconstruction of the streets in
the Stenquist Addition and 159th Avenue NW from 7th Avenue NW to Roanoke Street NW. The
streets in this area were originally paved in 1979 and are in need of replacement.
The project includes reclaiming the existing bituminous surface, replacing bituminous curb with
concrete curb and gutter, minor storm sewer improvements, and paving a new bituminous
surface. A deep 30" culvert under 159th Avenue NW will also be replaced with this project.
This type of street reconstruction has been a very effective method since the City began the
process back in 1996.
An informational meeting was held with the residents in this neighborhood on December 11,
2012. Staff discussed the project, received comments, and provided residents with preliminary
information, including estimated costs. Attached is the sign -in sheet from this meeting and
resident comments that have been received.
The estimated assessment per unit is $4,770.00.
Attached are the following:
* Resolution Ordering the Improvement
* Location Map
* Letter to property owners regarding estimated assessment
* Public Hearing Notice
* Estimated assessment payment schedule
* Sign in Sheet from Neighborhood Meeting & Resident Comment Sheet
Note: The feasibility report was in the January 2, 2013 packet. Please bring this to the meeting.
Mayor and Council Members
February 5, 2013
Page 2 of 2
BUDGET IMPACT
The project would be funded from the City's Road & Bridge Fund, with 25% of the total project
costs assessed to the benefiting properties as identified in the City's Roadway Reconstruction
Assessment Policy. The costs associated with the 30" culvert replacement under 159th Avenue
NW would be funded through the City's Stormwater Utility Fund.
ACTION REQUIRED
The City Council is requested to hold the public hearing for Project 13 -2, Stenquist Addition &
159th Avenue NW and approve the resolution ordering the improvement.
Respectfully submitted,
David D. Berkowitz
Attachments: Resolution Ordering the Improvement Location map, Letter to property owners
regarding estimated assessment Public Hearing Notice,' Estimated assessment
payment schedule',�Sign in Sheet from Neighborhood Meeting"& Resident
Comments ✓
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
MOTION by Councilmember
to adopt the following:
A RESOLUTION ORDERING THE IMPROVEMENT OF PROJECT NO. 13 -2
2013 STREET RECONSTRUCTION (STENQUIST ADDITION & 159T" AVENUE
AND DIRECTING PREPARATION OF FINAL PLANS AND SPECIFICATIONS.
WHEREAS, Resolution No. 004 -13 of the City Council adopted on the
2 "a day of January , 2013, fixed a date for a public hearing; and
WHEREAS, pursuant to the required published and mailed notice such
hearing was held on the 5th day of February , 2013; and
WHEREAS, all persons desiring to be heard were given such opportunity for
same; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Andover to hereby order improvement Project Nos. 13 -2
MOTION seconded by Councilmember
and adopted by the City
Council at a regular meeting this 5th day of February , 2013, with
Councilmembers
resolution, and Councilmembers
resolution was declared passed.
ATTEST:
Michelle Hartner — Deputy City Clerk
voting in favor of the
voting against, whereupon said
CITY OF ANDOVER
Michael R. Gamache - Mayor
4995
5000
4915
4877 4815
15800
2013 Street Reconstruction
Project Location Map
4726 4700 4618
16300
16250
16200
4820
16150
4892
4
860
4614
15854
15800
2013 Street Reconstruction
Project Location Map
4726 4700 4618
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16200
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15724
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, 629
EXHIBIT 1
t2
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, 629
EXHIBIT 1
t2
ANDOVEA
1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV
January 11, 2013
Re: 2013 Street Reconstruction — Stenquist Addition & 1591h Avenue NW (City Project 13 -2)
Public Hearing Notice
Dear Resident:
A feasibility report has been prepared to determine the estimated costs associated with road
improvements in your area for the proposed 2013 Street Reconstruction project.
The proposed project consists of milling the existing bituminous roadway, shaping the gravel,
minor storm sewer improvements, and constructing a new bituminous surface with concrete
curb and gutter along 1601h Lane NW to replace the existing bituminous curb.
The total estimated cost of the proposed improvements is $1,292,400.00. The proposed project
would be funded through assessments, the City's Road and Bridge Fund and the City's
Stormwater Utility Fund. Twenty -five percent (25 %) of the total project costs (not including the
30" culvert replacement under 159th Avenue NW) would be assessed to the benefiting
properties. The total estimated assessment amount for the improvements is $314,890.00. The
remaining seventy -five percent (75 %) of the total project costs, plus the 30" culvert replacement,
would be funded through the City's Road and Bridge Fund and Stormwater Utility Fund. The
City costs are estimated at $977,510.00. The properties that would be assessed for the
improvement are depicted on the attached map. A neighborhood informational meeting was
held on December 11, 2012 to discuss the project and receive feedback and comments.
The estimated assessment to each property fronting along the improvements is $4,770.00. The
actual assessment amount will be determined based upon actual construction costs. This cost
could be assessed over a 10 -year period at 5.5% interest (maximum rate), or the assessment
could be paid in full with no interest within 30 days of the final assessment hearing, which would
take place in the fall of 2013.
Enclosed is a public hearing notice for the proposed project. If you have any questions, feel
free to contact me at (763) 767 -5133, or Jason Law, Assistant City Engineer at (763) 767 -5130.
Sincerely,
CITY OF ANDOVER
David D. Berkowitz, P.E.
Director of Public Works /City Engineer
Encl.
cc: Mayor & City Council
',Lk�NDOVE
C I T Y O F
1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
NOTICE OF HEARING ON IMPROVEMENTS
PROJECT NO. 13 -2
2013 STREET RECONSTRUCTION
(STENQUIST ADDITION & 159TH AVENUE NW)
NOTICE IS HEREBY GIVEN that the City of Andover, Anoka County, Minnesota will
meet at the Andover City Hall, 1685 Crosstown Boulevard NW in the City of Andover, at
the regularly scheduled City Council meeting on Tuesday, February 5, 2013 at 7:00 PM
to consider construction of the following improvements:
2013 Street Reconstruction
Stenquist Addition & 159th Avenue NW
The properties to be assessed, pursuant to Minnesota Statutes Section 429, for the
improvements are within the following described area:
Stenquist Addition & 1591h Avenue NW
The estimated assessment rate is $4,770.00 / unit.
Such persons desiring to be heard with reference to the proposed improvements will be
heard at this meeting.
CITY OF ANDOVER
r
Michelle Hartner— Deputy City Clerk
Publication Dates: January 18 & 25, 2013 (Anoka Union)
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ND OVE:
COMMENT SHEET
2013 Street Reconstruction — Stenquist Addition & 159th Ave NW
Informational Meeting
Tuesday, December 11, 2012
6:00 p.m. — 7:00 p.m.
Name: �D
W,J
Address: L/ 7�2-(=
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L1y� `vim
Phone: G3 '� /�/"
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E -Mail:
Check the following boxes if you have an underground sprinkler system or electric fence.
❑ Existing Underground Sprinkler System
❑ Existing Underground Electric Fence
Comments:
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HAEngineering \City Projects \Open City Projects \13 -02 2013 Street Reconstruction\Word Documents \CoiTespondance \Neighborhood Meeting -COMMENT
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1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO: Mayor and Councilmembers
CC: Jim Dickinson, City Administrato
Dave Carlberg, Community Devel t Director
FROM: Stephanie L. Hanson, City Planner
SUBJECT: Public Hearing/Vacation of Easement/ Jay Street NW and Bunker Lake Blvd NW
- Planning
DATE: February 5, 2013
INTRODUCTION
The applicant is seeking to vacate roadway, drainage, utility, and trail easement established for
Jay St NW with document number 1485662 and to vacate roadway and utility easement
established for Bunker Lake Blvd NW with document number 1141388. These documents and
maps illustrating the easements are attached.
DISCUSSION
Jay Street NW Vacation (document number 1485662):
The applicant Walmart Real Estate Business Trust is requesting a vacation of the existing
roadway, drainage, utility and trail easement along Jay Street NW. Currently, the existing turn
lane and trail are located within the easement to be vacated. As part of the final plat a 10 foot
drainage and utility easement and Jay Street right -of -way will be dedicated to replace the vacated
easements. The right -of -way will follow the contour of Jay Street NW. An aerial of this area
has been attached for your review.
Bunker Lake Blvd (document number 1141388):
The applicant is requesting a vacation of the existing 75 foot roadway and utility easements
along Bunker Lake Blvd with document 1485662. In 1994, the City of Andover acquired 75 feet
of easement through condemnation; 50 feet for street and utility purposes and 25 feet for
drainage and utility purposes. In 2004, Anoka County acquired a 50 foot easement as part of the
Bunker Lake Blvd reconstruction project. Therefore, the city and Anoka County both have a 50
foot easement for street purposes along Bunker Lake Blvd.
The vacation of the 50 foot roadway and utility easement will only vacate the easement that was
obtained by the city through the condemnation process as described in document number
1485662; the Anoka County 50 foot roadway easement will remain in place. The city's 25 foot
drainage and utility easement will be vacated and re- dedicated on the final plat.
ACTION REQUESTED
The Council is asked to hold a public hearing and approve the proposed the vacation of
easements.
Attachments
Resolution
Aerial Photo of Jay St and Bunker Lake Blvd
Document No. 1485662 and 1141388
Respect fully submitt d,
Stephanie L. Hanson
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO XXXX
A RESOLUTION GRANTING THE VACATION OF EASEMENTS TO VACATE CITY
EASEMENTS ORIGINALLY RESERVED IN DOC. NO. 1141388 AND 1485662 LEGALLY
DESCRIBED ON THE ATTACHED EASEMENT VACATION EXHIBITS A AND B AND
AS FOLLOWS:
That particular city street and utility easement over that portion of the following described
property, originally reserved in Doc. No. 1141388, and now to be vacated, lying southerly of a
line 50.00 feet northerly of and parallel with the center line of Bunker Lake Boulevard; said
property is described as follows:
The Southwest Quarter of the Northeast Quarter, Section 34, Township 21, Range 24, Anoka
County, Minnesota except that part described as follows:
Beginning at the intersection of the North line of Bunker Lake Boulevard and the West line
of said Quarter, Quarter, thence North along said West line to Southeast corner of Red Oaks
Manor 4th Addition, thence North 52 degrees East 600 feet; thence South 38 degrees East 450
feet, thence South 52 degrees West to intersection with a line parallel with and 450 feet East
of said West line, thence South along said parallel line to North line of said road, thence
West along said North line to point of beginning.
TOGETHER WITH
That particular city street and utility easement over that portion of the following described
property, originally reserved in Doc. No. 1141388, and now to be vacated, located between a line
drawn 50 feet North and parallel with the center line of Bunker Lake Boulevard and a line drawn
75 feet North and parallel with the center line of Bunker Lake Boulevard; said property is
described as follows:
The Southwest Quarter of the Northeast Quarter, Section 34, Township 21, Range 24, Anoka
County, Minnesota except that part described as follows:
Beginning at the intersection of the North line of Bunker Lake Boulevard and the West line
of said Quarter, Quarter; thence North along said West line to Southeast corner of Red Oaks
Manor 4th Addition; thence North 52 degrees East 600 feet; thence South 38 degrees East 450
feet; thence South 52 degrees to intersection with a line parallel with and 450 feet East of
said West line; thence South along said parallel line to North line of said road; thence West
along said North line to point of beginning.
That particular roadway, drainage, utility and trail easement originally reserved in Doc. No.
1485662 and now to be vacated; lying within the following described property:
The Southwest Quarter of the Northeast Quarter, Section 34, Township 21, Range 24, Anoka
County, Minnesota except that part described as follows:
Beginning at the intersection of the North line of Bunker Lake Boulevard and the West line
of said Quarter; thence North along said West line to Southeast corner of Red Oaks Manor
4th Addition; thence North 52 degrees East 600 feet; thence South 38 degrees East 450 feet,
thence South 52 degrees West to intersection with a line parallel with and 450 feet East of
said West line, thence South along said parallel line to North line of said road; thence West
along said North line to point of beginning.
Said easement lying easterly and southerly of the following described line:
Beginning at a point on the North line of Bunker Lake Blvd. 93 feet west of the East line of
said above described tract; thence northerly, perpendicular to the North line of Bunker Lake
Blvd. 27 feet; thence northeasterly to a point on a line parallel with and 68 feet west of the
East line of said above described parcel and 52 feet north of the North line of said road;
thence northerly along a line parallel with and 68 feet west of the East line of said parcel to a
point 283 feet northerly of the North line of said road; thence easterly parallel with the North
line of said road to a point on a line parallel with and 45 feet west of the East line of said
parcel, to a point 483 feet northerly of the North line of said road; thence northeasterly to a
point on the East line of said parcel, 633 feet northerly of the North line of Bunker Lake
Blvd. and said line there terminating.
WHEREAS, the applicant has requested to vacate the previously described roadway, drainage,
utility and trail easements originally reserved in Doc. No. 1141388 and Doc. No. 1485662; and
WHEREAS, a public hearing was held and there was no opposition to the request,
WHEREAS, the City Council finds the request would not have a detrimental effect upon the
health, safety, moral, and general welfare of the City of Andover, and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby
grants the vacation of the roadway, drainage, utility and trail easements.
Adopted by the City Council of the City of Andover on this 5th day of February, 2013 subject to
the following condition:
As part of the recording of Walmart at Andover Station final plat, the following is
required to be dedicated: 10 foot drainage and utility easement along Jay Street and Jay
Street right -of -way, and a 25 foot drainage and utility easement parallel to Bunker Lake
Blvd.
ATTEST
Michelle Hartner, Deputy City Clerk
CITY OF ANDOVER
Michael R. Gamache, Mayor
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EXHIBIT
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ANDOVER, MN
EASEMENT VACATION EXHIBIT
Designed: Exhibit Number
Drawn: KMM
Approved: MFH
Issued: 03 /21/2012
Rev.: A- Comment
Date: MM /DD /yyyy project No. WAL18936
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1485662
ROADWAY, DRAINAGE, UTILITY AND TRAIL
EASEMENT AND AG EMENT
Vase.: 3H -.3rr� • �•tf • l3.0 001 w>
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THIS INDENTURE, made this /day of fr6.,„�. i 1999:
b Povlitzkl Prc erties, L.L.P., a limited 1 a lli partnershi
y p N p, Grantors, to the City of;,-
Andover, a municipal corporation, (Grantee)-
'•:;
WITNESSE7H:
WHEREAS, Grantor is the owner in fee simple of the real estate hereinafter
described.
-
That for an in consideration of the sum of One Dollar (s1.00) and other good
and valuable consideration, the receipt of which is hereby acknowledged, Grantor has
j
this day bargained and sold, and by these presents does bargain, sell and transfer
unto to Grantee, Its successors and assigns the following:
A. A perpetual easement for roadway, drainage, utility and trail purposes
with the right to enter . upon the real estate hereinafter described at any time that it
may see fit, and construct, maintain and repair any lines, equipment, materials, or
-
"
other hems for public street and utility purposes, for the purpose of maintaining,
,
repairing or replacing the said public street and utility over, across, through and under
the lands hereinafter described, together with the right to excavate and refill ditches
and /or trenches: for the location of said public street and utility, and the further right to
remove trees, bushes, undergrowth, and other obstructions Interfering in the location,
construction and maintenance of said public street and utility.
That said roadway, drainage, utility and trail easements located in the County
of Anoka, State of Minnesota, is described as follows, to wit:
'
Southwest Quarter of Northeast Quarter of Section 34, Township 32, Range 24
11
j
Except that part described as follows:
Beginning at the intersection of North line of said Bunker Lake Blvd. and
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West line of said Quarter, thence North along sold West line to
_
Southeast corner of RED OAKS MANOR 4r" ADDITION. thence North 52
i
degrees East 600 feet, thence South 38 degrees East 450 feet, thence
South 52 degrees West to intersection with a line parallel with and 450
feet East of said West line, thence South along said parallel line to North
line of said road, thence West along said Noah line to Point of Beginning:
except roads; subject to easements of record.
f '
Said perpetual easement being that part of the above described parcel lying easterly
and southerly of the following described line:
j
Beginning at a point on the North line of Bunker Lake Blvd. 93 feet west
4% .
-
of the East line of sold above described parcel; thence northerly, perpendicular to the
North -line of Bunked Lake Blvd. 27 feet; thence northeasterly to a point on a line
'
parallel with and 68 feet west of the East line of said above described parcel and 52
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feet north of the North line of said road; thence northerly along a line parallel with and
68 feet west of the East line of said parcel to a point 283 feet northerly of the North
'j line of said road; thence easterly parallel with the North line of said road to a point on
a line parallel with and 45 feet west of the East line of said parcel, to a paint 483 fact -
northerly of the North Line of said road; thence northeasterly to a point on the East
line of said parcel, 633 feet northerly of the North line of Bunker Lake Blvd. and said
' line there terminating. Subject to easements of record.
TO HAVE AND TO HOLD said perpetual easement and rights -of -way unto the
City of Andover, Anoka County. Minnesota, its successors and assigns, forever.
Grantor does hereby covenant with the Grantee, that it is lawfully seized and
possessed of the real estate above described. -
i
IN WITNESS WHEREOF. Povlitzki Properties. L.L.P., has caused these presentts
t�xe ave set their hands the day and year first above written. -
�7
: Braille T. P�dvlr�/
y' /Marty W. Povll ZkY ~� `
STATE OF MINNESOTA I
1 as.
COUNTY OF ANOKA I
ao
'. On this v day of G/�1a=pp . le T. Povli me, a notary public within
and for said County, personaW append Bradley T. Povli¢ki and Marcy W. Povli¢ki, TI
pare) acs. A. t .,PavGtzkL&operties,,,,,4„L.P., a limited liability partnership under the laws of
Minb on t!e of JL1tN F$n } } }ership.
✓ ^j nOiAM WOVCYIMwEAiw $ l n
fl4i` AlieK.�COUNTY i$$ �I
Notary
.hwiva.om..m.n.tme ry Public '
NOTICE 15 HEREBY GIVEN that rho City of Andover. County of Anoka. State of
Minnesota, . has accepted on ,i - / -OU i63& the above described easement in
' 1974
T1Sis irfstrument was
.Vaa
4898- CITY OF ANDOVER
By
Clerk
by:
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cocumENrNo. 1485662.0 ABSTRACT
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ANOKA COUNTY MINNESOTA
ABSTRACT
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cocumENrNo. 1485662.0 ABSTRACT
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ANOKA COUNTY MINNESOTA
TOT ATOM W4 FEE 11 2000
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FEESkWT�AESNTHEA�TCF $29.50
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It. FILED \/
STATE OF MINNESOTA DISTRICT COURT
Sr
P 2 91994
COUNTY OF ANOKA TENTH JUDICIAL DISTRICT
Jrr _
N . "C'RSE TYPE: CONDEMNATION 2
SEYcRLi BOYA : w
Clty of Andover, Anoka County,
State of Minnesota,
Petitioner, File No. C7 -87 -8132
VS.
)FINAL CERTIFICATE
Ronmel, Inc., a Florida corporation, Harold Jellison,
First State Bank of Spring Lake Park, Roger 0. Streich,
Darlene Streich, Gordon V. Clemens, Shirley J. Clemens,
Kenneth Slyzuk, Mary Ann Slyzuk, David R. Tostenson,
Joyce D. Tostenson, Twin City Federal Savings and Loan
Association, a United States corporation, Francis C. Wingert,
Stella Wingert, Matthew E. Olson, Muriel J. Olson. Billy J.
Young. Beatrice 1. Young, Michael L. Erickson, Lori J.
Erickson, First MidAmerica State Bank of Coon Rapids,
Daniel 0. Pettis, Sherry R. Pettis, Advance Mortgage
Corporation, a r)elaware -,orporation, Terry Lee Green, Bell
Federal Savings and Loan Association, investors Savings
Bank, F.S.B., a United States corporation, Pamela A. Hedstrom
formerly known as Pamela A. Peterson, Richard T. Hedstrom,
Jr., Lumbermen's Investment Corporation, a Texas corporation,
Seugen & Iverson, Ltd., Dale A. Mashuga, Emil Paul Wicht,
Betty Lou Wicht, Marvin I. Nelson, Evelyn M. Nelson, Clinton
Dade Erickson, Joan D. Erickson. Daniel K. Barnes, Jennifer M.
Barnes, Minnesota Housing Finance Agency, David Eugene
Overbaugh, Lila M. Overbough, Robert H. Hollister, Barbara J.
Hollister, Wanda M. Hollister, TCF Banking and Savings, F.A.,
Gloria Freyholtz. William G. Hupp, Kathleen M. Hupp, Claude J.
Hupp, Auralea Hupp, John N. Scherer, Beverly J. Scherer,
Kenneth J. Heil, Callie Lou Heil, Thomas J. Adler, Marlene Adler,
Mark A. Menth, Debra A. Menth, United tortgage Corporation,
Robert P. Mack, Ardeli M, Mack, Gaughan Lanu Inc.,
Margaretten & Company, Inc., Raintree Realty, Inc,., and
Le- V red
Rr;cipl � -
rot,,_
r 6cr; Fa0 Scar,
County of Anoka, '•'" of AKOxA
5jklt OF M1tyF. 0TAl CAS' .
Respondents. CaniRed•lo:?+e n tNe and <ori{it caa tetha
orlelnnt'�� Iftn. and ni rU (d.1n {AY,..
_________ ___ ____ 1AN'F. MORROW,. Couq. AdnanlMetor
ENTERED aY
-.
FbWAR� c T 7yf - .
^jo'P TY T,1�' fA-D+n( dWRVOR
rye,` ,-f'
- C \'trrY f .. ` ---r! 0 f.U_AIK•ATr r�
IN THE MATTER OF THE CONDEMNATION OF CERTAIN LANDS
FOR CITY STREET AND UTILITY PURPOSES
By authority of Minnesota Statutes, Chapter 117, 1 hereby certify that the lands
herein described have been taken by the City of Andover in eminent domain
proceedings for street and utility purposes in conformity with the requirements of
Chapter 117 of said statutes as amended; that commissioners were duly appointed ^
by the court to ascertain and report the amount of damages sustained by the several
owners on account of such taking; that said commissioners qualified, ane mada and
filed their report of such damages; that the time for appeal from the awards in said
report has expired; that all appeals taken have been finally concluded; that all
damages, as determined by award, and by agreement of the parties, have been paid
by the City of Andover; that the proceedings for the taking of certain rights in said
lands are now complete; and that said City now owns in fee simple absolute said lands
for the purposes of maintaining the same for street and utility purposes and have the
exclusive control of the same.
Said lands are situate in Anoka County, Minnesota, and are described as
follows:
See Exhibit A attached hereto and made a part hereof.
AND NOTICE IS HEREBY GIVEN that the above captioned condemnation
proceeding has been completed; that payment for the taking of lands above described
has been made and that the Final Certificate was executed on the date shown and
endorsed hereon.
-2-
Dated at Coon Rapids, Minnesota, this 27th day of September, 1994.
WILLIAM G. HAWKINS AND ASSOCIATES
By �r ,
G.�.-
William G. H ns
Attorneys for Petitioner
299 Coon Rapids Blvd., #101
Coon Rapids, MN 55433
(612) 78342998
Atty. I.D. No. 42651
-3-
EXHIBIT A
PARCEL NO. 7 -3A/6
A permanent easement for street and utility purposes over that
portion of the following described property Located between the
center line of Bunker Lake Boulevard and a line drawn So feet
North and parallel with the center line of Bunker Lake
Boulevard;, said property is described as follows:
The Southwest Quarter of tas Northeast Quarter, Section 34,
Township 32, Range 24, Anoka County, Minnc --ota except that
part described as follows: beginning at the intersection of
the North line of Bunker Lake Boulevard and the West line of
said Quarter, ')uarter, thence North along said West line to
Southeast corner of Red Oaks Manor 4th Addition, thence
North 52 degrees East S00 feet, thence South 38 degrees East
450 feet, thence South 52 degrees West to intersection with
a line parallel with and 450 feet East of said West line,
thence South along said parallel line to North line of said
road, thence West along said North line to point of
beginning.
A permanent easement for drainage and utility purposes over that
portion of the following described property Located between a
line drawn 50 feet North and parallel with the center line of
Bunker Lake Boulevard and a line drawn 75 feet North and
parallel with the center line of Bunker Lake Boulvard; said
property is described as follows:
The Southwest Quarter of the Northeast Quarter, Section 34,
Township 32, Range 24, Anoka County, Minnesota except that
part described as follows: beginning at the intersection of
the North line of Bunker Lake Boulevard and the West line of
said Quarter, Quarter, thence North along said West line to
Southeast corner of Red Oaks Manor 4th Addition, thence
North 52 degrees East 600 feet, thence South 38 degrees East
450 feet, thence South 52 degrees West to intersection with
a line parallel with and 450 feet East of said West line,
thence South along said parallel line to North line of said
road, thence West along said North line to point of
beginning.
A temporary easement for utility construction purposes to expire
September 1, 148E over that portion of the following described
property located between a line drawn 75 feet North and parallel
with the center line of Bunker Lake Boulevard and a line drawn
100 feet North and parallel with the center line of Bunker Lake
Boulevard; said property is described as follows:
The Southwest Quarter of the Northeast Quarter, Section 34,
Township 32, Range 24, Anoka County, Minnesota except that
part described as follows: beginning at the intersection of
the North lane of Bunker Lake Boulevard and the West line of
said Quarter, Quarter, thence North along said West line to
southeast corner of Red Oaks Manor 4th Addition, thence
North 52 degrees East 600 feet, thence South 38 degrees East
450 feet, thence South 52 degrees West to intersection with
a line parallel with and 450 feet East of said West line,
thence South along said parallel line to North lire of said
EXHIBIT a
road, thence nest along said Nor h line to point of
beginning.
NAMES OF INTERESTED PARTIES IN ABOVE DESCRIBED LAND AND NATURE
OF INTEREST:
Ronmel, IaS., a Florida corporation Fee
County of Anoka Taxes
4 4 J
wcjwE rre 1141388.0 ABSTRACT
ANOKA COUNTY MINNESOTA
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1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO: Mayor and Councilmembers
CC: Jim Dickinson, City Administrat
FROM: David L. Carlberg, Community Development Director
SUBJECT: Approve Final Plat/Walmart at Andover Station —Planning
DATE: February 5, 2013
INTRODUCTION
The City Council is asked to approve the final plat for Walmart at Andover
Station.
DISCUSSION
The final plat divides the existing 26.99 acre parcel into a lot of 19.69 acres, an
outlot of 6.38 acres, dedicates right -of -way for Jay Street NW (.92 acres), and
establishes drainage and utility easements for utilities, ponding and wetland areas
as shown on the attached final plat. A separate item on tonight's agenda will
vacate existing easements on Jay Street NW and Bunker Lake Boulevard NW.
ACTION REQUESTED
The Council is asked to adopt the attached resolution approving the final plat with
conditions.
Attachments
Resolution
Location map
Final Plat
ResXectfully submitted,
4�7 C�. aj���
David L. Carlberg
Cc: Rob Olson, MFRA, Inc. 114800 28 `h Ave N, Ste. 140, Plymouth, MN 55447
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO Rxx -13
A RESOLUTION APPROVING THE FINAL PLAT OF WALMART AT
ANDOVER STATION ON PROPERTY LEGALLY DESCRIBED ON EXHIBIT
A
WHEREAS, the City Council has approved the preliminary of Walmart at
Andover Station on August 21, 2012; and
WHEREAS, the Developer has presented a final plat of Walmart at Andover
Station; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Andover does hereby approve the final plat of Walmart at Andover Station
contingent upon the following:
1. The plat shall conform to the final plat stamped received by the City of
Andover December 21, 2012 and shall be subject to all of the conditions of
Preliminary Plat Resolution R077 -12.
2. The applicant shall agree to revise the Traffic Impact Study as necessary
and continue to work with the Anoka County Highway Department to
resolve access and road improvements concerning county roads.
3. The applicant shall agree to revise the Traffic Impact Study as necessary
and continue to work with the City of Andover to resolve access and road
improvements concerning city streets.
4. The applicant/developer obtains all necessary permits and approvals from
the Coon Creek Watershed District, DNR, Corps of Engineers, LGU,
MPCA, Anoka County Highway Department, City of Andover and any
other agency that may be interested in the site.
5. Park dedication shall be paid based on the area being developed and at a fee
as identified in City Code 1 -7 -3. Fees for Outlot A will be charged when
the oulot is developed.
6. Such plat approval is contingent upon a development agreement acceptable
to the City Attorney. A financial guarantee will be required as a part of this
agreement to assure subdivision improvements will be completed.
7. All storm sewer and drainage areas on the site are considered private and
shall be maintained by and at the owner's expense.
8. Contingent upon staff review and approval for compliance with City
ordinances, policies and guidelines.
Adopted by the City Council of the City of Andover this 5 "' day of February,
2013.
CITY OF ANDOVER
ATTEST:
Michelle Hartner, Deputy City Clerk
Michael R. Gamache, Mayor
EXHIBIT A
The Southwest Quarter of the Northeast Quarter of Section 34, Township 32,
Range 24, Anoka County, Minnesota.
EXCEPT
That part thereof, described as follows: Commencing at the point of intersection
of the north line of County Road No. 116 and the west line of said Southwest
Quarter of the Northeast Quarter; thence North along said west line to the
southeast corner of Red Oaks Manor 4th Addition; thence North 52 degrees East
600 feet; thence South 38 degrees East 450 feet; thence South 52 degrees West
to a point on a line parallel and 450 feet East of the west line of said Southwest
Quarter of the Northeast Quarter; thence South on said parallel line to the north
line of County Road No. 116; thence West along said north line to point of
beginning, according to the United States Government Survey thereof and situate
in Anoka County, Minnesota;
ALSO EXCEPT
The North 103.64 feet of the East 315.47 feet of the Southwest Quarter of the
Northeast Quarter of Section 34, Township 32, Range 24, Anoka County,
Minnesota.
CITY OF ANDOVER
® COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO R077 -12
A RESOLUTION APPROVING THE PRELIMINARY PLAT OF "WALMART AT
ANDOVER STATION" LOCATED IN SECTION 34, TOWNSHIP 32, RANGE 24, ANOKA
COUNTY, MINNESOTA, LEGALLY DESCRIBED ON EXHIBIT A
WHEREAS, the Andover Review Committee has reviewed the preliminary plat; and
WHEREAS, pursuant to the published and mailed notice thereof, the Planning and
Zoning Commission has conducted a public hearing on said plat; and
WHEREAS, as a result of such public hearing, the Planning and Zoning Commission
recommends to the City Council the approval of the plat; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover
has received the recommendation of the Planning and Zoning Commission and approves the
preliminary plat of "WALMART AT ANDOVER STATION ", subject to the following
conditions:
1.
The preliminary plat shall conform with plat drawing revised August 8, 2012 and
stamped as "Received by the City of Andover" August 9, 2012.
2.
The Grading, Drainage and Erosion Control Plan shall be revised as necessary to obtain
approval from the Andover Review Committee and the Coon Creek Watershed District.
3.
Drainage and utility easements shall be provided to cover all areas of the project that lie
at or below the 100 year flood elevation.
4.
The applicant shall agree to revise the Traffic Impact Study as necessary and continue to
work with the Anoka County Highway Department to resolve access and road
improvements concerning county roads.
5.
The applicant shall be required to make the following improvements:
a. Extend the median on Jay Street NW and construct all roadway improvements
associated with the extension of the median north of Bunker Lake Boulevard NW
to a distance that is required for the full build out. This shall be identified in the
Traffic Impact Study.
b. Construct the'/ intersection on Bunker Lake Boulevard and related turn lanes on
the westernmost access point.
c. Construct other road and access improvements as may be identified through
revisions to the Traffic Impact Study.
d. All trail relocations within City easement or right -of -way that may be required as
part of the project.
6.
The applicant /developer obtains all necessary permits from the Coon Creek Watershed
District, DNR, Corps of Engineers, LGU, MPCA, Anoka County Highway Department
and any other agency that may be interested in the site.
7.
Contingent upon staff review and approval for compliance with City ordinances, policies
and guidelines.
8.
Park dedication shall be paid based on the area being developed and at a fee as identified
in City Code 1 -7 -3. Fees for Outlot A will be charged when the oulot is developed.
9. Such plat approval is contingent upon a development agreement acceptable to the City
Attorney. A financial guarantee will be required as a part of this agreement to assure
subdivision improvements will be completed.
10. All storm sewer and drainage areas on the site are considered private and shall be
maintained by and at the owner's expense.
Adopted by the City Council of the City of Andover this 21't day of August, 2012.
ATTEST:
Michelle Harmer Deputy Y u City Clerk
p
11
CITY OF ANDOVER
M' ael R. G c e, Mayor
• " � -1
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C I T Y O F
,ND OVE
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV
TO: Mayor and City Council
CC: Jim Dickinson, City
FROM: Michelle Hartner, Deputy City Clerk
SUBJECT: Public Hearing/Private Kennel License /15672 Kiowa Street NW
DATE: February 5, 2013
INTRODUCTION
A Public Hearing has been scheduled to consider approval of a private kennel license
requested by John and Deborah Dalos at 15672 Kiowa Street NW.
DISCUSSION
Mr. and Ms. Dalos have five dogs and City Code requires that they obtain a private
kennel license in order to have in excess of three dogs.
Mr. & Ms. Dalos are requesting a private kennel license for five dogs (1 Sheltie, 1 Lab, 1
Papillon, and 2 Vizsla of which 1 is a police dog). The dogs are for private enjoyment
and not monetary gain. They are not used for breeding purposes.
II.
Their property meets the city code requirements, they have paid the appropriate fee and
three of their dogs are licensed. The other two dogs will be licensed pending the outcome
of the private kennel license request. The entire property is surrounded by a five foot
high fence.
Staff contacted the Sheriff's Office for reports regarding the dogs and no complaints have
been received.
ACTION REQUIRED
The City Council is requested to consider issuing a private kennel license for John and
Deborah Dalos, 15672 Kiowa Street NW, for the period February 6, 2013 through
December 31, 2013.
Respectfully submitted,
Michelle Hartner
Deputy City Clerk
CC: John and Deborah Dalos, 15672 Kiowa Street NW
Attach: Kennel Application
Notice of Public Hearing
Letters from neighbors
City Code 5 -1
ND OVE.
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV
PRIVATE DOG KENNEL LICENSE APPLICATION
CITY CODE TITLE 5, CHAPTER 1
Private (anyplace where more than three dogs are kept for private enjoyment and not
for monetary gain, provided such animals are owned by the owner or the lessee of the
premises on which they are kept)
Address 15%rla. \�\ ot-o w st NuD
ImAayogtx- yNxt'1 55304
Telephone Number �� — ^l r7•`1 " a ��'1
Email Address NC)
Number of Dogs
Property Size (�- -$ ae x-e s
Method of Waste Disposal
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.
kr'. x�: k* x�kxx: Frxr . *xkxkxr.3:xkxxkkxkxxxxxxxxr. ie ici: xxxxxkkx9ckkkxxr '.kxkkr. *kxxr,kkx
The entire property of 15672 Kiowa ST NW is surrounded by a 5'high fence
as seen in the picture, with trees and shrubs encircling the fence line.
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1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
NOTICE OF PUBLIC HEARING
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
The City Council of the City of Andover will hold a public hearing at 7:00 p.m., or as soon
thereafter as can be heard, on Tuesday, February 5, 2013 at Andover City Hall, 1685 Crosstown
Blvd. NW, Andover, to review the following request:
Private Kennel License request of John and Deborah Dalos located at 15672 Kiowa Street NW,
Lot 1, Block 4, Rum River Forest (19- 32- 24 -21- 0002).
There are several ways to participate in this process. You can attend the public hearing, send a
letter, or e -mail to be added to the public record. A staff report summarizing the item will be
available prior to the meeting. Please contact Michelle Hartner, Deputy City Clerk with any
questions at (763) 767 -5107 or m.hartner @andovermn.gov
Mi ell lA artner- Deputy City Clerk
Publication date: January 18, 2013
C I T Y 0 F
NDOVE^ 15672 Kiowa St. NW
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Disclaimer: Maps and documents made available to the public by the City of Andover are not legally recorded maps or surveys and N
are not intended to be used as such. The maps and documents are created as part of the Geographic Information System (GIS) w E
that compiles records, information, and data from various city, county, state and federal resources.
Copyright @ 2013 City of Andover, All Rights Reserved -+
S
Printed 01/15/2013
FEDERAL HOME LOAN MORTGAGE CORPORATIONHITE THOMAS W & VIVIAN A DALOS JOHN A & DEBORAH A
5000 PLANO PKWY 15710 KIOWA ST NW 15672 KIOWA ST NW
CARROLLTON, TX 75010 ANDOVER, MN 55304 -0000 ANDOVER, MN 55304 -0000
CURRENT RESIDENT MCNAMARA RICHARD J & BONNIE JULSON BRENT
15740 KIOWA ST NW 15721 MAKAH CIR NW 15673 KIOWA ST NW
ANDOVER, MN 55304 ANDOVER, MN 55304 -0000 ANDOVER, MN 55304 -0000
MATSON MELVIN L & SUZANNE I LIESER CURT & RISA DIRKSWAGER DAVID
15741 MAKAH ST NW 15577 KIOWA ST NW 15640 INCA CIR NW
ANDOVER, MN 55304 -0000 ANDOVER, MN 55304 -0000 ANDOVER, MN 55304 -0000
KINTIGH ALLAN R & MARGARET LARKIN BARRY K & SHELLY M MINOR THOMAS R & SHARON A
15719 POTAWATOMI ST NW 15571 POTAWATOMI ST NW 15629 KIOWA ST NW
ANDOVER, MN 55304 -0000 ANDOVER, MN 55304 -0000 ANDOVER, MN 55304 -0000
OLSON BRUCE M & VALERIE A PAGELS JOHN B & CATHLEEN J EDWARDS DORIS
15731 MAKAH CIR NW 15523 POTAWATOMI ST NW 15706 7TH AVE NW
ANDOVER, MN 55304 -0000 ANDOVER, MN 55304 -0000 ANDOVER, MN 55304 -0000
LUNNEBORG BRANDI LOFTIS DANIEL L & TERRI L GEBHARD MARK J & JEAN M
4420 158TH AVE NW 15490 KIOWA ST NW 15701 MAKAH CIR NW
ANDOVER, MN 55304 -0000 ANDOVER, MN 55304 -0000 ANDOVER, MN 55304 -0000
CURTIS CAL J & LESLEE K PALMQUIST TAMARA J & STEVEN P TRUCHINSKI ROBERT J & ROBIN R
15730 KIOWA ST NW 15621 POTAWATOMI ST NW 15700 KIOWA ST NW
ANDOVER, MN 55304 -0000 ANDOVER, MN 55304 -0000 ANDOVER, MN 55304 -0000
VANDEKAMP BRUCE A & CAROL J JUSTICE RANDALL K & CAROLINE L DAHLEN RICHARD G
2821 CUTTERS GROVE AVE APT 5 15620 KIOWA ST NW 15701 KIOWA ST NW
ANOKA, MN 55303 -0000 ANDOVER, MN 55304 -0000 ANDOVER, MN 55304 -0000
CURRENT RESIDENT WATSON LARRY V & AMY D BOUSHEK RICHARD ALAN
4400 158TH AVE NW 15598 INCA CIR NW 15566 KIOWA ST NW
ANDOVER, MN 55304 ANDOVER, MN 55304 -0000 ANDOVER, MN 55304 -0000
CARLSON AUDRA ROLFER THOMAS J FOTH MICHAEL W & CAROL J
15721 KIOWA ST NW 15671 POTAWATOMI ST NW 15628 POTAWATOMI ST NW
ANDOVER, MN 55304 -0000 ANDOVER, MN 55304 -0000 ANDOVER, MN 55304 -0000
O'NEILL PATRICK
15684 POTAWATOMI ST NW
ANDOVER, MN 55304 -0000
MARCINIAK JAMES R & PEGGY L
15724 POTAWATOMI ST NW
ANDOVER, MN 55304 -0000
HOKANSON VIVIAN
11369 GULL LAKE DR SW
BRAINERD, MN 56401
CURRENT RESIDENT
15570 POTAWATOMI ST NW
ANDOVER, MN 55304
DAHLMEIER BRAD W
15800 MAKAH ST NW
ANDOVER, MN 55304 -0000
BRUCE JULIE
15800 KIOWA ST NW
ANDOVER, MN 55304 -0000
HEICHERT BRIAN
15801 MAKAH ST NW
ANDOVER, MN 55304 -0000
Michelle Hartner
From: Risa Lieser
Sent: Thursday, January 24, 2013 9:23 AM
To: Michelle Hartner
Subject: Dalos' kennel Kiowa St. Andover
To Whom it may concern,
The Lieser family (neighbors to the Dalos') doesn't have a problem with the Dalos' having a private
kennel.
Thank you,
Risa Lieser
Michelle Hartner
From: tamara Palmquist'
Sent: Thursday, January 24, 2013 9:14 AM
To: Michelle Hartner
Subject: Kennel License request of John and Deborah Dalos
As neighbors of John and Deborah Dalos, we fully support their decision and request of private Kennel License. We have
no concerns, their dogs are kind, gently and quiet mannered. We are hopeful their request for license will be fulfilled.
Sincerely,
Steven and Tamara Palmquist
15621 Potawatomi St NW
Andover, MN 55304
Michelle Hartner
From:
Dick Dahlen
Sent:
Tuesday, January 22, 2013 9:12 AM
To:
Michelle Hartner
Subject:
John and Deborah Dalos request for Private Kennel License
Please put me on record that I have no objectiions to this License being issued to them, I know John currently has a
police dog over there with his own dog and these dogs are among the quietest in the area. If they are outside and do
start to bark John or his wife will come out right away and silence them or bring then in the house. If you have any
questions that you think I could answer about the dog please contact me at . Cxnd I will be glad to share any
information I have. Thanks Dick Dahlen
Michelle Hartner
From: Curtis, Leslee f ]
Sent: Thursday, January 24, 2013 12:44 PM
To: Michelle Hartner
Subject: Re: Notice of Public Hearing
Importance: High
Feb 5,2013- regarding private kennel license for John Dalos at 15672 Kiowa St. NW. Please note that this homeowner
who is a neighbor to the Dalos' does NOT object to the kennel license. Please let it be known at this hearing that the
residents at 15730 Kiowa St. NW support the Dalos' in obtaining a kennel license at their home.
Please call if there is any questions to the above statement.
Thankyou
Cal Curtis, homeowner
Leslee Curtis, homeowner
15730 Kiowa St. NW, Andover, MN 55304
Lesfee Curtis
,y
J:
Michelle Hartner
From:
Tom Minor
Sent:
Saturday, January 26, 2013 7:50 AM
To:
Michelle Hartner
Subject:
John and Deborah Dalos request for private kennel license
Regarding John and Deborah Dalos request for Private Kennel License (address 15672 Kiowa Street NW)
As neighbors of the Dalos family, we've ALWAYS enjoyed the dogs they've had. Their pets are clean, well - groomed,
well- trained, and have NEVER been an issue. The Dalos' have a large yard, probably at least a couple of acres, it's
fenced, and the dogs are all "best friends" with each other. The yard itself is well- attended to, always mowed, and the
dogs are always picked up after. Further, the dogs are always kept contained on their property and have never been
allowed to run around the neighborhood.
With the setup that the Dalos' have, we're surprised that there's an issue. The lots in our neighborhood are large and
them having five dogs is much less an issue than a smaller lot in a more densely populated neighborhood would be. In
our opinion, the city restriction of three dogs should not even be in existence for a neighborhood like ours with the large
lots.
The dogs are the Dalos "`family ", they love and care for them all, they're never a nuisance. Please just grant them the
license, or completely rescind that requirement all together and let them save the money, it's not needed here.
Respectfully,
Thomas and Sharon Minor
15629 Kiowa St. NW
CHAPTER 1
ANIMAL CONTROL
ARTICLE A. DOGS AND CATS
SECTION:
5 -1 A -1:
Definitions
5 -1A -2:
Dog Licensing Requirements; Exemptions
5 -1A -3:
Number Of Dogs And Cats Restricted
5 -1A -4:
Violations
5 -1A -5:
Control Of Animal; Excrement Removal Required
5 -1A -6:
Obligation To Prevent Nuisances
5 -1A -7:
Impoundment And Redemption Provisions
5 -1A -8:
Permissible Return Of Unrestrained Dogs And Cats
5 -1A -9:
Improper Care And Treatment Prohibited
5- 1A -10:
Muzzling Proclamation
5- 1A -11:
Dangerous And Potentially Dangerous Dogs And Cats
5- 1A -12:
Summary Destruction Of Certain Dogs
5- 1A -13:
Dog Kennels
5- 1A -14:
Dog Enclosures
5- 1A -15:
Enforcement Officials
5- 1A -16:
Citations
5- 1A -17:
Abatement Of Nuisance Conditions
5- 1A -18:
Violation; Penalty
5 -1A -1: DEFINITIONS:
ANIMAL SHELTER: Any premises designated by the City Council for the
purpose of impounding and caring for the dogs and
cats held under the authority of this article.
BITING DOG: Any dog which, without being provoked, has bitten,
scratched, or caused other injury or threatens such
injury to a person or another domestic animal, under
circumstances where, at the time of the threat of
attack, the person or domestic animal was lawfully
on the premises upon which the victim was legally
entitled to be, or the victim was on the premises
owned or controlled by the owner of the dog, at the
express or implied invitation of the owner.
i
DANGEROUS DOG /CAT: Any dog /cat that has:
A. Without provocation, inflicted substantial bodily
harm on a human being on public or private property;
or
B. Without provocation, killed or inflicted substantial
bodily harm on a domestic animal while off the
owner's property; or
C. Been found potentially dangerous, and after the
owner has been notified that the dog /cat is potentially
dangerous, the dog /cat aggressively bites, attacks, or
endangers the safety of humans or domestic animals.
DOG ENCLOSURE: An enclosure (of sufficient size) constructed for
shutting in or enclosing dogs. The enclosure shall be
surrounded and covered with fencing material of at
least six feet (6) in height and of sufficient gauge to
ensure the dog's confinement. A cement pad of four
inches (4 ") in thickness shall be present that covers
the inside and perimeter of the enclosure.
FREQUENT BARKING: Barking intermittently for 30 minutes or more.
(Amend. 9/18/07; Ord. 354)
HABITUAL BARKING: Barking for repeated intervals of at least five minutes
with less than one minute of interruption. (Amend.
9/18/07; Ord. 354)
KENNEL; Any place where a person accepts dogs from the
COMMERCIAL': general public and where such animals are kept for
the purpose of selling, boarding, breeding, training,
or grooming, except for a veterinary clinic. There
shall be a fenced yard or dog enclosures
present to prevent the running at large or escape of
dogs confined therein Z.
KENNEL; PRIVATE 3: A place where more than three (3) dogs over six (6)
months of age are kept for private enjoyment and not
for monetary gain, provided such animals are owned
by the owner or the lessee of the premises on which
See also section 12 -2 -2 of this code, definition of "dog kennel, commercial".
2 See title 12, chapter 7 of this code for fence requirements and restrictions.
3 See also section 12 -2 -2 of this code, definition of "dog kennel, private'
2
they are kept. There shall be a fenced yard or dog
enclosures present to prevent the running at large or
escape of dogs confined therein4.
NUISANCE: It shall be considered a nuisance for any animal:
A. To bite, attack or endanger the safety of humans or
domestic animals;
B. To run at large; to habitually or frequently bark or
cry;
C. To frequent school grounds, parks, or public
beaches while unrestrained;
D. To chase vehicles; to molest or annoy any
person if such person is not on the property of the
owner or custodian of the animal;
E. To molest, defile, destroy any property, public or
private; or
F. To leave excrement on any property, public or
private.
OFFICER: Any law enforcement officer of the city and persons
designated by the city to assist in the enforcement of
this article.
OWNER: Any person, firm, partnership or corporation
owning, harboring, or keeping dogs or cats.
POTENTIALLY
DANGEROUS DOG /CAT: Any dog /cat that:
A. When unprovoked inflicts bites on a human or
domestic animal on public or private property;
B. When unprovoked, chases or approaches a
person, including a person on a bicycle, upon the
4 See title 12, chapter 7 of this code for fence requirements and restrictions.
3
streets, sidewalks, or any public or private property,
other than the dog /cat owner's property, in an
apparent attitude of attack; or
C. Has a known propensity, tendency, or disposition
to attack unprovoked, causing injury or otherwise
threatening the safety of humans or domestic
animals.
PROVOCATION: An act that an adult could reasonably expect may
cause a dog to attack or bite. (Amend. 12 -2 -2008;
Ord. 376)
RESTRAINT: A dog or cat shall be deemed to be under restraint
if it is on the premises of its owner or if
accompanied by an individual and under that
individual's effective control. (Amended Ord. 233,
11 -4 -1997; amd. 2003 Code)
UNPROVOKED: The condition in which an animal is not purposely
excited, stimulated, agitated, or disturbed. (Amend.
9/18/07; Ord. 354)
5 -1A -2: DOG LICENSING REQUIREMENTS; EXEMPTIONS:
A. License Required: No person shall own, keep, harbor or have custody of
any dog over six (6) months of age without first obtaining a license from
the City Clerk. No license shall be issued to any person other than the
owner except upon the written request of owner.
B. Application For License: Applications for license shall be made on forms
prescribed by the City Clerk, which form shall set forth the following:
1. The name, address and telephone number of the owner;
2. The name and address of the person making the application, if other
than the owner; and
3. The breed, sex, and age of the dog for which a license is sought.
C. Rabies Vaccination Required: Every application for a license shall be
accompanied by a certificate from a qualified veterinarian.showing that the
dog to be licensed has been given a vaccination against rabies to cover
the licensing period. No license shall be granted for a dog that has not
been vaccinated against rabies for a time sufficient to cover the licensing
4
period. Vaccination shall be performed only by a doctor qualified to
practice veterinary medicine in the state in which the dog is vaccinated.
(Amended Ord. 233, 11 -4 -1997)
D. License Fee; Expiration Of License: The license fee shall be in such
amount as set forth by ordinance' and shall expire in accordance with the
date shown on the license receipt. (Amended Ord. 233, 11 -4 -1997; amd.
2003 Code)
E. Nonresidents Exempt: This section shall not apply to nonresidents of the
city; provided, that dogs of such owners shall not be kept in the city longer
than thirty (30) days without a license and shall be kept under restraint.
(Amended Ord. 233,11-4-1997)
See subsection 1 -7 -3A of this code.
5
5 -1A -3: NUMBER OF DOGS AND CATS RESTRICTED: No
person, firm or corporation shall harbor more than three (3) dogs over the age of
six (6) months in any one - family residence unit or place of business except
pursuant to Section 5 -1 A -13 of this article, and no person, firm or corporation
shall harbor more than three (3) cats over the age of six (6) months in any one -
family residence unit or place of business that is located on a parcel of land three
(3) acres or less. (Amended Ord. 233, 11 -4 -1997)
5 -1A -4: VIOLATIONS:
A. Nuisance Dogs And Cats: No dog /cat shall be permitted to be a nuisance
within the limits of the city. Any person who owns, keeps, harbors or is in
physical control of a dog /cat that is a nuisance shall be in violation of this
article. (Amended Ord. 233, 11 -4 -1997)
B. Revoked Licenses: Any person who owns, keeps or harbors or is in
physical custody of any dog within the city, for any period of time, which
dog has had its license revoked, shall be in violation of this article.
(Amended Ord. 233,11-4-1997; amd. 2003 Code)
5 -1A -5: CONTROL OF ANIMAL; EXCREMENT REMOVAL
REQUIRED:
A. Control Required:
1. The restriction imposed by Section 5 -1A -4 of this article shall not
prohibit the appearance of any dog or cat upon streets or public property
when such dog or cat is on a leash and accompanied by an individual or
accompanied by and under the control and direction of an individual so as
to be as effectively restrained by command as by leash.
2. Dogs or cats that are on or directly adjacent to all athletic fields must be
leashed.
B. Removal Of Excrement: Owners are required to clean up and
dispose of their pet's excrement. (Amended Ord. 233, 11 -4-
1997; amd. 2003 Code)
5 -1A -6: OBLIGATION TO PREVENT NUISANCES: It shall be the
obligation and responsibility of the owner or custodian of any animal in the city,
whether permanently or temporarily therein, to prevent such animal from
committing any act which constitutes a nuisance. Failure on the part of the owner
2
or custodian to prevent his or her animals from committing an act of nuisance
shall be subject to the penalty herein provided. (Amended Ord. 233, 11 -4 -1997)
5 -1A -7: IMPOUNDMENT AND REDEMPTION PROVISIONS:
A. Impoundment Of Dogs And Cats:
1. Unrestrained Dogs And Cats: Unrestrained dogs and cats may be taken
by any "officer" as hereinbefore defined and impounded in an animal
shelter and there confined in a humane manner. Impounded dogs and
cats shall be kept for not less than five (5) regular business days unless
reclaimed prior to that time by their owner as provided hereafter.
:2. Dangerous Dogs And Cats:
a. Whenever any owner of a dog /cat shall learn that such dog /cat
has bitten, attacked, or threatened any other human being or domestic
animal, such owner shall immediately impound said dog /cat in a place of
confinement where it cannot escape or have access to any other human
being or animal, and it shall also immediately notify any peace officer,
dog /cat catcher, or other person authorized by the City Council. Whenever
such authorized person, peace officer or dog /cat catcher shall learn that
any human being has been bitten by any dog /cat within the city, he /she
shall ascertain the identity of such dog /cat and the persons who might
meet the definition of owner as found elsewhere in this article, and shall
immediately direct such person to forthwith impound such dog /cat as
required herein. If in the opinion of such peace officer, dog /cat catcher, or
other authorized person, the owner of such a dog /cat cannot or will not so
impound the dog /cat, such peace officer, dog /cat catcher, or other
authorized person shall transport such dog /cat to the pound under
contract to the city. Any dog /cat so impounded shall be kept continuously
confined for a period of fourteen (14) days from the day the dog /cat bit a
human being. The cost of such impounding and confinement shall be
borne by the owner of the dog /cat, if such owner can be found, which
costs shall be as stated for impounding and confinement elsewhere in this
article.
b. Upon learning that a dog /cat has bitten a human being, the
peace officer, dog /cat catcher, or other authorized person shall
immediately notify the City Health Officer and inform him /her of the place
where the dog /cat is impounded. It shall be the duty of the City Health
Officer to inspect said dog /cat from time to time during its period of
fourteen (14) days' confinement, and to determine. whether or not such
dog /cat may be infected with rabies. For this purpose, he /she shall have
access to the premises where such dog /cat is kept at all reasonable
hours, and may take possession of the dog /cat and confine it at such
7
place as he /she deems appropriate at the expense of the owner.
c. If an owner has impounded a dog /cat pursuant to the request of
a peace officer, dog /cat catcher, or other authorized person, the owner
shall promptly transport said dog /cat to the pound under contract to the
city for the purposes stated above. If the owner refuses to do so, and
refuses to allow a peace officer, dog /cat catcher or other authorized
person to transport the dog /cat to the contract pound, the owner shall be
in violation of this article.
B. Notice Of Impoundment:
1. Posted Notice: Upon taking up and impounding any dog or cat, the
animal control officer shall, within one day thereafter, have posted in the
City Hall a notice of impounding in substantially the following form:
NOTICE OF IMPOUNDING DOG /CAT.
Date
,20
To whom it may concern:
We have this day taken up and impounded in the pound of the city at
a dog /cat answering the following description: sex
color breed approximate age
name of owner (if known)
Notice is hereby given that unless said dog /cat is claimed and
redeemed on or before o'clock_ .M., on the day of
20 , the same will be sold or humanely destroyed as
provided by ordinance.
Signed:
Animal control officer /city official
2. Written Notice: If the owner of said dog or cat be known, written notice
of impounding, in lieu of posted notice, shall be given to the owner thereof
either by mail or personal service.
3. Effect Of Notices: The date of sale or humane destruction of the dog or
cat shall be the sixth day after posting of the notice or giving notice unless
the animal shelter at which the dog or cat is impounded is closed to the
public, in which case, it shall be the following day. (Amended Ord. 233,
11 -4 -1997)
M
C. Redemption Of Impounded Dogs And Cats: Any dog or cat may be
reclaimed from the animal shelter by its owner within the time specified in
the notice by the payment to the City Clerk or his /her designate of the
license fee (if not paid for the current period) with an impounding fee as
set by contract with the city's animal control officer. Notwithstanding this
subsection, the owner shall remain subject to all penalties contained in
this article. (Amended Ord. 233,11-4-1997; amd. 2003 Code)
D. Disposition Of Unclaimed Dogs And Cats:
1. Sale: Any dog or cat which is not claimed as provided in Subsection B
of this section, within five (5) days, after posting of the impoundment
notice, may be sold for not less than the expenses incurred for
impoundment, if not requested by a licensed educational or scientific
institution under Minnesota state law. All sums received from the sale of
dogs or cats under this subsection shall be deposited into the general fund
of the city.
2. Destruction: Any dog or cat which is not claimed by the owner or sold or
transferred to a licensed educational or scientific institution shall be
painlessly and humanely destroyed and buried by the animal control
officer. (Amended Ord. 233, 11 -4 -1997)
5 -1A -8: PERMISSIBLE RETURN OF UNRESTRAINED DOGS AND
CATS: Notwithstanding the provisions of Subsection 5 -1A -7A of this
article, if an animal is found unrestrained and its owner can be identified
and located, such animal need not be impounded but may, instead, be
taken to the owner. In such cases, however, proceedings may be taken
against the owner for violation of this article. (Amended Ord. 233, 11 -4-
1997)
5 -1A -9: REQUIRED BASIC CARE AND PROHIBITED TREATMENT:
(Amend. 9/18/07; Ord. 354)
A. No owner shall fail to provide any animal with sufficient good and
wholesome food and water, proper shelter and protection from the
weather, veterinary care when needed to prevent suffering, and with
humane care and treatment.
B. No person shall beat, treat cruelly, torment or otherwise abuse any animal,
or cause or permit any dog or cat fight. No owner of a dog or cat shall
abandon such animal. (Amended Ord. 233, 11 -4 -1997)
5- 1A -10: MUZZLING PROCLAMATION: Whenever the prevalence of
rabies renders such action necessary to protect the public health and safety, the
Mayor shall issue a proclamation ordering every person owning or keeping a dog
V
to muzzle it securely so that it cannot bite. No person shall violate such
proclamation, and any unmuzzled dog unrestrained during the time fixed in the
proclamation shall be subject to impoundment as heretofore provided, and the
owner of such dog shall be subject to the penalty hereinafter provided. (Amended
Ord. 233,11-4-1997)
5- 1A -11: DANGEROUS AND POTENTIALLY DANGEROUS DOGS
AND CATS:
A. Dangerous Dogs And Cats: In the event that a complaint is received
which, in the judgment of the City Clerk, occurred under circumstances
which would justify the classification of the dog /cat as a dangerous dog /cat
under this article, the City Clerk shall place the issue on the next available
agenda of the City Council and shall notify the owner of the dog /cat, in
writing, of the time and place of the Council meeting at which the matter
shall be heard. The notice shall inform the owner that a request has been
made to classify the dog /cat as a dangerous dog /cat and the City Council
shall hear such facts as any interested parties may wish to present, and
shall, by resolution, determine whether or not to classify the dog /cat as a
dangerous dog /cat. Such a determination shall be made upon the basis of
whether or not the criteria as found in Section 5 -1A -1 of this article,
definition of the term "dangerous dog /cat ", have been met. No variances
shall be permitted from the strict terms of said definition. In the event a
dog /cat is classified as a dangerous dog /cat, the following shall apply:
1. The owner of the dog /cat shall be notified in writing and by certified mail
or personal service, that the dog /cat has been classified as a dangerous
dog /cat and shall be furnished with a copy of the resolution.
2. If the dog /cat was impounded and photographs or other identifying
characteristics obtained, such photographs or other identifying materials
shall be placed in a permanent file indexed under the owner's name. If the
dog /cat is not impounded, the owner shall be notified that the dog /cat
license shall be revoked unless, within ten (10) days after receipt of the
notice, the owner furnishes to the city suitable photographs or other
identifying materials of the dog /cat, or makes the dog /cat available for the
taking of photographs by city staff for insertion in the permanent files.
3. The City Clerk shall maintain a permanent file of all dogs /cats classified
as dangerous dogs /cats indexed under the owner's name.
4. No person may own a dangerous dog /cat in the city unless the owner
complies with this section. The animal control authority of the city may
charge the owner an annual fee, in addition to any regular dog /cat
licensing fees, to obtain a certificate of registration for a dangerous
10
dog /cat under this section. A dangerous dog /cat registered under this
section must have a standardized, easily identifiable tag identifying the
dog /cat as dangerous and containing the uniform dangerous dog symbol,
affixed to the dog /cat's collar at all times. The owner of the dangerous
dog /cat must comply with the following provisions and present sufficient
evidence of compliance with them: (Amended 12 -2 -08; Ord. 376)
a. A proper enclosure exists for the dangerous dog /cat and a
posting on the premises with a clearly visible warning sign that
there is a dangerous dog /cat on the property, including a warning
symbol to inform children; and (Amended 12 -2 -08; Ord. 376)
b. A surety bond issued by a surety company authorized to conduct
business in the State of Minnesota in a form acceptable by the city
in the sum of at least three hundred thousand dollars ($300,000.00)
payable to any person injured by the dangerous dog /cat, or a policy
of liability insurance issued by an insurance company authorized to
conduct business in the State of Minnesota in the amount of at
least three hundred thousand dollars ($300,000.00), insuring the
owner of any personal injuries inflicted by the dangerous dog /cat.
(Amended Ord. 233, 11 -4 -1997; Amended 12 -2 -08; Ord. 376)
c. The owner has paid an annual fee, in addition to any regular
dog /cat licensing fees, to obtain a certificate of registration from the
city for a dangerous dog /cat. (Amended 12 -2 -08; Ord. 376)
d. The owner has had microchip identification implanted in the
dangerous dog /cat as required under Minnesota Statues Section
347.515. (Amended 12 -2 -08; Ord. 376)
e. The owner of a dangerous dog /cat shall keep the dangerous
dog /cat, while on the owner's property, in a proper enclosure. If the
dog /cat is outside the proper enclosure, the dog /cat must be
muzzled and restrained by a substantial chain or leash and under
the physical restraint of a responsible individual. The muzzle must
be made in a manner that will prevent the dog /cat from biting any
person or animal but that will not cause injury to the dog /cat or
interfere with its vision or respiration. (Amended 12 -2 -08; Ord. 376)
f. The animal control authority for the city shall immediately seize
any dangerous dog /cat if: 1) after fourteen (14) days after the
owner has been notified that the dog /cat has been declared a
dangerous dog /cat, the dog /cat is not validly registered as set forth
herein; 2) after fourteen (14) days after the owner has been notified
that the dog /cat has been declared a dangerous dog /cat, the owner
does not secure the proper liability insurance or surety coverage as
11
applied by this article; 3) the dog /cat is not maintained in the proper
enclosure; 4) the dog /cat is outside the proper enclosure and not
under physical restraint of a responsible individual; 5) the dog is not
sterilized within 30 days, pursuant to city code section 5 -1A -11 A
4.j. If the owner of a dog /cat is convicted of a crime for which the
dog /cat was originally seized, the may order that the dog /cat be
confiscated and destroyed in a proper and humane manner, and
that the owner pay the costs incurred in confiscating, confining, and
destroying the dog /cat. (Amended Ord. 233, 11 -4 -1997; amd. 2003
Code; Amended 12 -2 -08; Ord. 376)
g. If the animal control authority for the city issues a certificate of
registration to the owner of a dangerous dog /cat pursuant to section
5 -1A -11 a. 4., the animal control authority requires posting of the
owner's property with a warning symbol to inform children that there
is a dangerous dog /cat on the property. The warning symbol must
be the uniform symbol provided by the commissioner of public
safety. The animal control authority for the city may charge the
registrant a reasonable fee to cover its administrative costs and the
cost of the warning symbol. (Amended 12 -2 -08; Ord. 376)
h. An owner of a dangerous dog /cat must renew the registration of
the dangerous dog /cat annually until the dog /cat is deceased. If the
dog /cat is removed from the city, it must be registered as a
dangerous dog /cat in its new jurisdiction. (Amended 12 -2 -08; Ord.
376) ,
i. An owner of a dangerous dog /cat must notify the animal control
authority of the city in writing of the death of the dog /cat or its
transfer to a new location where the dog /cat will reside within 30
days of the death or transfer, and must, if requested by the animal
control authority, execute an affidavit under oath setting forth either
the circumstances of the dog /cat's death or disposition or the
complete name, address, and telephone number of the person to
whom the dog /cat has been transferred or the address where the
dog /cat has been relocated. (Amended 12 -2 -08; Ord. 376)
j. The animal control authority of the city shall require a dangerous
dog /cat to be sterilized at the owner's expense. If the owner does
not have the animal sterilized within 30 days, the animal control
authority may seize the dog /cat and have it sterilized at the owner's
expense. (Amended 12 -2 -08; Ord. 376)
k. A person who owns a dangerous dog /cat and who rents property
from another where the dog /cat will reside must disclose to the
property owner prior to entering the lease agreement and at the
12
time of any lease renewal that the person owns a dangerous
dog /cat that will reside at the property. (Amended 12 -2 -08; Ord.
376)
I. A person who transfers ownership of a dangerous dog /cat must
notify the new owner that the animal control authority has identified
the dog /cat as dangerous. The current owner must also notify the
animal control authority in writing of the transfer of ownership and
provide the animal control authority with the new owner's name,
address and telephone number. (Amended 12 -2 -08; Ord. 376)
5. All provisions of Minnesota State Statute Sections 347.54, 347.541,
347.542, 347.55, 347.56, and 347.565 are hereby adopted into this Code
by reference. These particular sections deal with seizure, disposition of
seized animals, restrictions on dog ownership, penalties, and destruction
of dogs in certain circumstances. (Amended 12 -2 -08; Ord. 376)
6. The following are exceptions to the dangerous dog /cat classification:
a. The provisions of this section do not apply to dangerous
dogs /cats used by law enforcement officials for official work.
b. Dogs /cats may not be declared dangerous if the threat, injury, or
damage was sustained by a person: 1) who was committing a
willful trespass or other tort upon the premises occupied by the
owner of the dog /cat; 2) who was provoking, tormenting, abusing or
assaulting the dog /cat or who can be shown to have repeatedly, in
the past, provoked, tormented, abused, or assaulted the dog /cat; or
3) who was committing or attempting to commit a crime. (Amended
12 -2 -08; Ord. 376)
7. Nothing in this chapter, nor the enactment of any other procedures
herein enumerated, shall be deemed to limit, alter, or impair the right of
the city or any person to seek enforcement through criminal prosecution of
any violation of this article, and the fact the city may be pursuing
classification of a dog /cat under this article shall prevent or prohibit the
prosecution at the same time of an owner of a dog /cat for violation of this
chapter under facts arising from the same occurrence as that which
generated classification procedures. The classification procedures shall be
in addition to, and not in place of, criminal prosecution under other
portions of this chapter or other ordinances. (Amended Ord. 233, 11 -4-
1997; Amended 12 -2 -08; Ord. 376)
B. Potentially Dangerous Dogs And Cats: In the event that a complaint is
received which, in the judgment of the City Clerk, Sheriff's Deputy, animal
control officer, or other duly authorized person, occurred under
13
circumstances which would justify the classification of the dog /cat as
potentially dangerous under this article, the City Clerk shall notify the
owner of the dog /cat, in writing, that the dog /cat has been classified as
potentially dangerous under this article. Said notice shall further inform the
owner that should the dog /cat again aggressively bite, attack, or otherwise
endanger the safety of humans or domestic animals, the city may declare
the dog /cat to be a dangerous dog /cat and be subject to the restrictions
thereon, including abatement. Said authorization shall forward a copy of
the notice of potentially dangerous dog /cat to the City Clerk. (Amended
Ord. 233,11-4-1997; amd. 2003 Code)
5- 1A -12: SUMMARY DESTRUCTION OF CERTAIN DOGS: Whenever an
officer has reasonable cause to believe that a particular dog presents a clear and
immediate danger to residents of the city because it is infected with rabies
(hydrophobia) or because of a clearly demonstrated vicious nature, the officer,
after making reasonable attempts to impound such dog, may summarily destroy
said dog. (Amended Ord. 233,11-4-1997)
5- 1A -13: DOG KENNELS:
A. Licensing Requirements:
1. Licenses Required: No person, firm or corporation shall operate or
maintain a commercial or private kennel without first securing a kennel
license therefore from the City Council and meeting the criteria as set forth
in this article and /or the zoning ordinance 1 .
2. Applications For Licenses; Fees:
a. Application for a kennel license shall be made on forms provided
by the city. Such application shall contain the following information:
(1) Location, on premises, of the kennel.
(2) Location of structures for housing the dogs. If the dogs are to be
kept primarily within the home or other building of the residence of
the applicant or of any other person, the application shall so state.
(3) The maximum number of dogs to be kept on the premises.
(4) The location, size, and height of dog enclosures, if present.
(5) The location and type of fencing (if present); fencing to be of
such quality, design and height so that it will contain the dogs 2 .
See section 12 -15 -6 of this code.
2 See title 12, chapter 7 of this code for fence regulations and restrictions.
14
(6) Method to be used in keeping the premises in a sanitary
condition.
(7) Method to be used in keeping dogs quiet.
(8) An agreement by the applicant that the premises may be
inspected by the city at all reasonable times.
b. The City Council may impose additional requirements to be
stated in the application or more restrictive requirements than those
listed in Subsection A2a of this section to protect the health, safety,
general welfare and morals of the general public. (Amended Ord.
233, 11 -4 -1997)
c. Application for such license shall be made to the City Clerk and
shall be accompanied by a specified license fee that shall be as set
in Subsection 1 -7 -3A of this code.
3. Approval Or Denial Of Licenses: The City Clerk shall refer private
kennel license applications to the City Council and commercial kennel
license applications to the Planning and Zoning Commission as set forth in
the zoning ordinance. In both cases, the City Council may grant or deny
the license.
4. Renewal Of Licenses: All kennel licenses shall be renewed annually.
Application for such license renewal shall be made to the City Clerk and
shall be accompanied by a specified license fee, which annual license fee
shall be in such amount as set forth by ordinance'. The City Council shall
review and approve all license renewal applications, provided no
revocation of the license is made as specified in Subsection A6 of this
section.
5. Requirements For Private /Commercial Kennel Licenses: A minimum of
two and one -half (2.5) acres in a residentially zoned district is required for
a private /commercial dog kennel license (provided that the adjacent lot
sizes are predominately similar in size). A private /commercial dog kennel
license shall not be issued unless a Conditional Use Permit has been
granted by the City Council in accordance with the zoning ordinance.
Amended Ord. 233,11-4-1997; amd. 2003 Code)
6. Revocation Of Licenses: Any kennel license may be revoked by
the City Council by reason of any violation of this article or by
reason of any other health or nuisance ordinance, order, law or
regulation.
See subsection 1 -7 -3A of this code.
15
a. Private Kennel License: Before revoking a private kennel license,
the licensee shall be given notice of the meeting at which such
revocation is to be considered. Notice of the meeting shall be given
in writing five (5) days prior to said meeting. The licensee, if present
at said meeting, shall be given the opportunity to be heard.
b. Commercial Kennel License: A commercial kennel license may
be revoked by the City Council by the procedure established and
defined in the zoning ordinance.
B. Kennel Regulations: Kennels shall be kept in a clean and healthful
condition at all times, and shall be open to inspection by any health officer,
sanitarian, animal control officer, or the person charged with the
enforcement of this article, or any health or sanitary regulation of the city,
at all reasonable times. (Amended Ord. 233,11-4-1997)
5- 1A -14: DOG ENCLOSURES:
A. Purpose: It is the purpose of this section to abate existing nuisances and
to prevent nuisances created by site, odor, noise and sanitation due to
construction and placement of dog enclosures on private property.
B. Screening: Dog enclosures must be screened from view of adjacent
property.
C. Location: A dog enclosure shall not be placed closer than forty feet (40')
from an adjacent residential dwelling or principal structure and at least ten
feet (10') from side and rear lot lines. No dog enclosure shall be placed in
the front yard in all residential districts; and in the R -4 single - family urban
district, no dog enclosure shall be placed in the side yard.
D. Sanitation Requirements: No person shall permit feces, urine, or food
scraps to remain in an enclosure for a period that is longer than
reasonable and consistent with health and sanitation and the
prevention of odor.
E. Applicability And Effect Of Provisions: This section shall be applicable to
all dog enclosures constructed after July 18, 1995. Any preexisting dog
enclosure for which the city receives a complaint that it is not kept in a
clean and sanitary condition or is a nuisance to an adjacent property
owner shall be required to comply with this section by a notice of
compliance being given by the City Administrator or his /her duly
authorized agent. Failure to comply with such notice within thirty (30) days
of issuance shall be a violation of this article. (Amended Ord. 233, 11 -4-
1997)
16
5- 1A -15: ENFORCEMENT OFFICIALS: The City Council may from time to
time appoint such persons as may be necessary to assist the police officers of
the city in the enforcement of this article. Such persons shall have police powers
insofar as is necessary to enforce this article, and no person shall interfere with,
hinder, or molest them in the exercise of such powers. (Amended Ord. 233, 11 -4-
1997)
5- 1A -16: CITATIONS: The animal control officer, or his /her designee, shall
be authorized to issue citations for violations of this article. (Amended Ord. 233,
11 -4 -1997)
5- 1A -17: ABATEMENT OF NUISANCE CONDITIONS:
A. Nuisances Subject To Abatement: The following are declared
nuisances subject to immediate abatement by resolution of the
City Council:
1. Any dog /cat that has, without provocation, inflicted "substantial bodily
harm" as defined by Minnesota Statutes Section 609.02, Subdivision 7a,
on any person; or
2. Any dog /cat that has engaged in conduct resulting in three (3) or more
established violations of this article for nuisance. An "established violation"
is any violation for nuisance declared as "established" by the City Council,
or which results in a conviction in a court of competent jurisdiction; or
3. Any established violation of this article for nuisance preceded by a
declaration by the City Council, based upon a prior incident, that the
dog /cat is a "dangerous dog /cat" as defined by this article.
B. Placement On Council Agenda; Notice Requirements: Upon
determination by the City Clerk of the existence of a nuisance subject to
abatement as set forth above, the City Clerk shall place the matter on the
agenda for the next regular meeting of the City Council for public hearing
and abatement consideration. Notice of the hearing and a copy of this
article shall be provided to the owners of the dogs /cats by regular mail
not later than seven (7) days prior to the hearing. The City Clerk may also
notify other concerned or interested parties.
C. Hearing For Abatement: Upon application and notice set forth above, a
public hearing shall be held before the City Council. The owners shall
have the opportunity to be heard and present relevant witnesses and
evidence. The City Council may also accept relevant testimony or
evidence from other interested persons.
D. Decisions By City Council: The City Council may, in its discretion, approve
17
or disapprove the application for abatement. If approved, the City Council
may order any of the following:
1. The dog /cat be forthwith confiscated and destroyed in a proper and
humane manner, and the costs incurred in confiscating, confining and
destroying the animal paid by the owner. Any costs unpaid after thirty -(30)
days of the order shall be assessed against the owner's property.
(Amended Ord. 233,11-4-1997)
2. The dog /cat shall be removed permanently from the city limits within
forty -eight (48) hours of notice of the order. The dog license shall be
permanently revoked.
3. Should the owner fail to comply with the order to abate, the city, in
addition to any other legal remedy, shall have the civil remedy of injunctive
relief and may apply to a court of competent jurisdiction for an order
compelling compliance with the abatement order. (Amended Ord. 233, 11-
4 -1997; amd. 2003 Code)
5- 1A -18: VIOLATION; PENALTY: Any person who shall violate any
provision of this article shall be guilty of a misdemeanor and, upon conviction
thereof, shall be punished as defined by state law. (Amended Ord. 233, 11 -4-
1997)
18
CJ
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV
TO: Mayor and Council Members
CC: Jim Dickinson, City Administrator
David D. Berkowitz, Director of Public Works /City Engineer
FROM: Todd J. Haas, Asst. Public Works Director
SUBJECT: Discuss Safe Routes to Schools for Trail System - Engineering.
DATE: February 5, 2013
INTRODUCTION
The City Council is requested to discuss the Safe Routes to Schools for Trail System (SRTS) grant
application.
DISCUSSION
The City Council did direct staff to make application on November 7, 2013 in regards to the Safe Routes to
School (SRTS) grant through the Minnesota Department of Transportation (MnDOT) for a trail section
along Crosstown Boulevard NW (west side) between South Coon Creek Drive NW and Andover Boulevard
NW.
Since the November 7, 2012 meeting, staff has learned more about the requirements to be eligible for the
grant. In summary, it is clear that the City does not have a viable option for constructing a trail along this
section of road that would meet all of the necessary components of the program. The components that need
to be woven into a successful SRTS program include Engineering, Education, Enforcement, Encouragement
and Evaluation. This would require a partnership with an elementary school to create a comprehensive
program which would serve as a catalyst for teaching bicycling and walking safety skills, along with
providing activities promoting physical activity. It appears that in order to develop a program of this caliber,
the City would have to dedicate significant staff time to work with representatives of the school to ensure
that program goals are met. This involvement would include a formal assessment process to determine the
needs of the students as justification for trail construction and the collection of data through formal
evaluations upon project completion.
Since the City may not meet all of the grant requirements an application would not meet all the requirements
therefore is not in the best interest of the City to pursue funding.
ACTION REQUIRED
The City Council is requested to discuss the extensive requirements for SRTS grant application and direct
staff on how to proceed with future applications.
Respectfully submitted,
Q„r Todd J. Haas
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1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO: Mayor and Council Members
FROM: Jim Dickinson, City Administrator
SUBJECT: Schedule March EDA meeting
DATE: February 5, 2013
INTRODUCTION
0
The Council is requested to schedule an Economic Development Authority (EDA) meeting at
6:00 pm before the March 5, 2013 City Council meeting.
DISCUSSION
Tentative agenda items for an EDA meeting have been identified as follows:
1. Approve Meeting Minutes
2. Parkside at Andover Station Update
3. Andover Station North Marketing Update
4. Purchase Agreement/Letter of Intent/Progress Review
5. Redevelopment Discussion
6. Other Business
Other items may be added upon request, or the meeting will be cancelled if no new
information comes forward on the identified agenda items.
ACTION REQUIRED
Schedule an EDA meeting at 6:00 pm before the March 5, 2013 City Council meeting.
I T Y
[DO VE
i
1685 CROSSTOWN BUULtVAKU N.w. • ANUUVtK, MINNtSUTA bb304 . (763) 755 -5100
FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV
TO:
CC:
FROM:
SUBJECT
DATE:
Mayor and Council Members
Jim Dickinson, City Administrator
David D. Berkowitz, Director of Public Works /City Engineer
Todd J. Haas, Asst. Public Works Director
Schedule April 25th Joint Meeting with Lower Rum River WMO Member Cities
- Engineering
February 5, 2013
INTRODUCTION
This is an update as to the Lower Rum River WMO Joint Meeting with Member Cities.
DISCUSSION
A meeting is scheduled for Thursday, April 25th at Greenhaven Golf Course in Anoka. The
meeting will start at approximately 6:00 p.m. More information will be forthcoming along with the
agenda.
ACTION REQUIRED
For information only.
Respectfully submitted,
C, D, P, (D ,
� v- Todd J. Haas
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO: Mayor and City Council
CC: Jim Dickinson, City Administrator
FROM: Michelle Hartner, Deputy City Clerk
SUBJECT: Schedule Local Board of Appeal & Equalization Meeting
DATE: February 5, 2013
INTRODUCTION
The Council is requested to schedule the Local Board of Appeal & Equalization Meeting.
DISCUSSION
The City Council had submitted two dates to the Anoka County Assessor's Office for the
Local Board of Appeal & Equalization Meeting.
Anoka County was able to accommodate the request of April 22, 2013.
ACTION REQUIRED
The City Council is requested to schedule the Local Board of Appeal & Equalization
Meeting for April 22, 2013 at 7:00 p.m.
Respectfully submitted,
Michelle Hartner
Deputy City Clerk
1 F NDOVEB*
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US
TO:
FROM:
SUBJECT:
DATE:
Mayor and Councilmembers
Jim Dickinson, City Administrator
Administrator's Report
February 5, 2013
The City Administrator and Department Heads present will provide a brief verbal update on
various items of interest to the City Council and to the residents at the meeting. Listed below are
a few areas of interest:
1. Administration & City Department Activities
2. Update on Development/CIP Projects
3. Legislative Activities
4. Meeting reminders
Upon receipt of the meeting packet, if a member of the Council would like an update on a
particular item, please notify me so an adequate update can be made.
submitted,
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV
TO: Mayor & Council Members
FROM: Jim Dickinson, City Administrator
SUBJECT: Supplemental Agenda Item for February 5, 2013 City Council Meeting
DATE: February 5, 2013
The City Council is requested to receive the following supplemental information.
Consent Items
Item #6. Ratify the Appointments to the Advisory Commissions (Supplemental) — Administration
C I T Y O F �•
NDOVE
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100
FAX (763) 755 -8923 • WWW.CI.AN DOVER. MN.US
TO: Mayor and Councilmembers
CC: Jim Dickinson, City Administrato
FROM: David L. Carlberg, Community Develo ent Director
SUBJECT: Supplemental to Item #6 - Ratify the Appointments of the
Advisory Commissions — Administration
DATE: February 5, 2013
An error was made on the staff report regarding the "Action Requested ".
The proper action of the City Council is as follows:
The City Council is asked to ratify the appointments to the advisory
commissions.
�Respectfully submitted,
David L. Carlberg
Michelle Hartner
From:
crystal truchinski [crystalleetruck @yahoo.com]
Sent:
Tuesday, February 05, 2013 4:30 PM
To:
Michelle Hartner
Subject:
15572 kiowa street
I am against this guy getting a kennel, he let's his dogs out just to bark and growl when I walk by with my dogs
he stands there and laughs. He does not tell them to stop at all, I have seen his dogs run loos down the street and
poop in neighbors yards. His dogs are constantly barking at any one outside like they own the neighborhood. I
think he likes it and because of his job he has influence in the community to get what he wants. He should not
be given special privledges to break ordinance just because of who he works for
Thank you for your time
Crystal bongard
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