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Home My WebLink AboutCC June 19, 1990 REGENT CANDIDATE ADVISORY COUNCIL 85 State Office Building Saint Paul, Minnesota 55155 (612) 297-3697 ~ June 15, 1990 Dear Friend: In 1988, the Minnesota Legislature created the Regent Candidate Advisory Council to recommend qualified candidates for election by the Legislature to the University of Minnesota Board of Regents. The Council has recently begun its second round of recruitment activities for the four upcoming vacancies on the Board of Regents. As part of our comprehensive recruitment drive, Council members will be in Anoka on Friday, June 29, 1990 to give people the opportunity to learn more about the Council and its work. We hope that you can join us for a luncheon meeting at the Anoka-Hennepin Schools Staff Development Center to help us in our efforts to find the best possible candidates for the Board of Regents. As you may know, four terms on the Board of Regents will expire in 1991. These upcoming vacancies will be in congressional Districts 1, 4, 6 and 7. The Council will be holding meetings throughout the summer and fall in these four districts to "get the word out" about our work and the process we have developed to recruit, interview and recommend regent candidates to the Minnesota Legislature. Because of your own interest and knowledge about your community, we hope that you will come to meet with us over lunch on June 29th to learn more about this most important task. Again, the luncheon will be held at the Staff Development Center, 2727 North Ferry, Anoka at 12:00 noon on Friday, June 29, 1990. The luncheon will be hosted by ABC newspapers and it is open to the public. Please R.S.V.P. to Mary Ryan at 296-1121. Thank you for your interest. On behalf of the Regent Candidate Advisory council, we look forward to seeing you on June 29th. S12:Y~~ Kenneth Dayton, Chair Regent Candidate Advisory Council ~Acbt- tk~ '-,J Elmer L. Andersen, Member Regent Candidate Advisory Council ) -1'-';: ? ~ r;n .....~ C'\:'O ..... N- __0 ~~ C'\~ ,:..~ ..... ~~ ~ ::: 0:: o '" .... ~ c.. 0" ~ ~ Ci ~ ~ ~ '" "0 ~ _"0 ~ ""l '" c: 't:l n o 3 ~ ~ -. o ~ :? _Jg ;> N;:I;" _. 'o"J-< ::: .....:J ~ 0 Q" (ii' ~ ONI~ ~-n S".....:J::I:-<~:;.: :::!.s ~ zg~o~~n s: 0 ::: 0 0 c: '" -. S' ~.g ] z ; .:- ~ ::s .... t"O 0 N A. :r ~""':l::::::O\O~ '" ~ r;n-:::~ C'\(j o""ln.-. .....~o -~ _\J \OJ<;''_ ~ 0 ~ \O.....:JcTQ o a 0 .., -~ ~ '" ""l i:l -. o ::: ~ - lIJ o OJ ... C. o - JJ Cl) l.C Cl) ::l - III C ::l <' Cl) ... III ;::;.: '< o - . - . ~.,-.. -.. _... ~ - - ~ n ::=::l o ~ 8.~ _. ~ "J ::: ;.~=~ ~C:'<(j ""l ~ S' ~::: ~ --< O'Qr;~e: ""l 'C: 0 ~ c.. ::.=:=CI'J~ ;:; 3 ~a ;- ~~c:> ::: ~ - .... - - .... o -. 0 -< ..., ::: ~ (ii' n ~ :::: 0 5 g~ Q" Q,,\.l -. 0 Q" ~ c: a ::: r:> n en =: - o c.. -, '" n c: '" '" :s: ::l ::l Cl) III o - OJ -;- ~-- ..,..-., . -" . ~ -. I \ ',J , , , , :;~ DATE: June 19, 1990 ~ ITEMS GIVEN TO THE CITY COUNCIL Schedule of Bills Special City Council Minutes (5-29-90) Regular City Council Minutes (6-5-90) Park & Recreation Commission Minutes (6-7-90) May 1990 Building Department Report Ordinance 62 Ordinance 8 MMM TKDA Letter Re: June 5th Council Meeting Notice of Public Hearing/City of Coon Rapids Letter from Anoka Area Chamber of Commerce Fiscal Disparities Information Letter from Anoka Electric (June 5, 1990) Sketch Plan for Genthon Ponds (Item 4 of this agenda) PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA. ) ~~ THANK YOU. r ~KDA TOLTZ, KING, DUVALL. ANDERSON AND ASSOCIATES, INCORPORATED , I b,GINEERS ARCHITECTS PLANNERS 2500 AMERICAN NATIONAL BANK BUILDING SAINT PAUL, MINNESOTA 55101 61212924400 FI>X 612/292-0083 June 8, 1990 Honorable Mayor and City Council Puldover,11ll1nesota Re: Engineering Matters Regular Council Meeting June 5, 1990 Dear Council Members: The following is confmnation of engineering matters discussed and action taken at the regular meeting of the Andover City Council on June 5,1990. 1. Continued Public Hearing - Proiect 90-6 - Lot 1. Watts Garden A<:res Commission No, 9748: Mr. Davidson presented the supplement to Feasibility Report dated June 5, 1990. TIle report estimated cost of right-of-way along Bunker Lake Boulevard (Anoka County Road 116). Mr. Haluptzok was present and spoke in favor of the project. He further requested that the assessment to the Batson property be deferred. After discussion the consensus of the Council was to defer the Batson assessment for up to three years maximum or until service to the Batson property is connected whichever is first. The Council requested that bids be taken for the total project with Phase I being the base bid and Phase II as an alternate bid. The right-of-way would not be purchases at this time, however an easement for utility purposes would be required from both the Batson and Haluptzok property owners. The estinlated assessments are as follows: Phase I Batson (deferred) Haluptzok $8,975.79 $13.725.79 Phase II Batson (deferred) $22,138.83 , I 'J Net City Share Phase I and II From Future Connections $12,726.95 Honorable Mayor and City Council June 8,1990 .- Page 2 '\ 'J Council Action By resolution the Council approved the project and ordered preparation of plans and specifications. 2. Suoolemental Assessment Hearing - Proiect 86-19. Sonsteby Property - Commission No. 9140-000. A supplemental assessment roll was prepared and presented to abate the assessment for parcel PIN 30-32-24-43-0001 owned by Rosella Sonsteby. The abatement was acknowledged as an overestimated tributary area between two ridges south of New Anoka County Road 116 through the parcel. (see letter December IS, 1989, Jolm Rodeberg to Jim Schrantz) The abated area related to an over assessment of $3,648, The Supplemental Roll is adjusted as follows: Original Assessment Amount Abated Revised Amount to Assess Less Principal thru 1990 Less Excess Interest Paid Balance Principal Spread 12 Years $13,188.00 - $3,648.00 $9,540,00 - $1,566.07 - $939.01 $7,034.92 Council Action By resolution the Council approved the Supplemental Assessment Roll and authorized City Staff to file an assessment abatement with Anoka County as presented. 3. Crosstown Boulevard (Anoka County Road 18) at Andover Boulevard - Utility Extension - Proiect 90-15 - Commission No, 9777 The bridge at Coon Creek Crossing on Crosstown Boulevard (County Road 18) near the int~rsection of Andover Boulevard (County Road 16) is scheduled for reconstruction in 1990-91. The proposed construction will realign the intersection and require utility relocations. / Two sanitary sewer manholes will be located within embankment ftll areas and require raising the elevation of the structures. The hydrant at the southeast comer of the intersection will be relocated to the northeast comer. This will require additional valve fittings and extension of the watermain through the proposed new aligrunent of Andover Boulevard. '~ The Council authorized TKDA to prepare plans and specifications and advertise for bids to complete the necessary work. . Honorable Mayor and City Council June 8, 1990 Page 3 ~ 4. Proiect 88-1 - Crosstown Boulevard Final Payment - Gammon Brothers - Commission No, 9128 Mr. Davidson reported that the balance of payments due creditors exceeds the final payment. As a result, the bond agent has directed co-payment to the creditors listed by Gammon. The deficiency would be $15,016,02 and would reduce the co-pay to Gammon and H&S Bituminous Contractor from $49,095.85 to $34,079.83. Final Payment to the contract is $54,073.10. Council Action The Council tabled final approval until written Consent of Surety, concurrence by H&S, Inc. and City Attorney review. 5. Altitude Valve - Tank No.1 Mr. Davidson reported that the quotes from two (2) contractors were received. Five were solicited. The low bid was $11,240 from ABE Construction Company. After additional City and TKDA staff meetings there was agreement that a better alternative to the isolation of Tank No.1 would be installation of a pressure reducing and sustaining valve and chamber on Bunker Lake Boulevard at or near the Coon Creek Crossing. A two pressure system would allow circulation in Tank No.1; Well Nos. I and 2 would be standby wells for emergency use; and all water would not be pumped to the highest point in the City for distribution. with the phased development of the water distribution system it was recommended as a better alternative. Mr, Frank Stone, Water Superintendent, advised that he was not in favor of a two pressure system. He also indicated the necessity for a second valve chamber when the system is looped through Northwoods in the future. However, he was involved in the discussion and did concur with the decision based upon the need for a phased development of the system with limited budget. Funding for the pressure reducing and sustaining valve facility will be secured from the 1989 bonds for Tank No.2 and appurtenances. Council Action The Council authorized TKDA to prepare plans and specifications and secure bids for the PRY chamber and appurtenances. ;' The Consulting Engineer was excused at approximately 9:45 P,M. Sin~'e ly , '~h~ W/~ \ olm L. Davidson, P,E. ....J JLD/mha (,)'J '.' ',,' (,.. I " , C-'__ ~'I.. :::" .'~: ! . ( '. k3 c.c... 6/11/9 () NOTICE OF PUBLIC HEARING BEFORE THE COON RAPIDS PLANNING COMMISSION ----------------------------------- PLEASE TAKE NOTICE that the Coon Rapids Planning Commission will hold a public hearing and make a recommendation to the City Council on the following matter: CASE: 90-61 ITEM: Preliminary Plat PETITIONER: Riverdale Partnership LOCATION: 131st Avenue and Poppy Street The petitioner request preliminary plat approval for a single- family plat, with a lot depth variance. The property may be described legally as: Outlot A of Shenandoah Villas Second Addition; --, AND that part of vacated 131st Lane N.W. which lies North of the following described line: Beginning at the Southwest corner of said Outlot A, said point is also on the north line of said 131st Lane N.W.; thence South 88 degrees 58 minutes 30 seconds East, along the South line of said Outlot A and said North line of 131st Lane N.W., a distance of 97.09 feet; thence Easterly a distance of 112.10 feet along a tangential curve concave to the North, central angle of 10 degrees 48 minutes 28 seconds, and radius of 594.27 feet; thence Easterly a distance of 122.20 feet along a reverse curve concave to the South, central angle of 10 degrees 48 minutes 58 seconds, and radius of 647.34 feet to the East line of the Northwest Quarter of the Northeast Quarter of Section 5, Township 31, Range 24, in said Anoka County, Minnesota and there terminating. , Said hearing will take place od Thursday, June 21, 1990 at the Coon Rapids Council Chambers beginning at 7:30 p.m. All interested persons are invited to attend and to be heard. You may call Kevin Ringwald at 780-6430 if you have any questions. Donna Naeve, Chairman Coon Rapids Planning Commission ',J :13 COON R,\PIDS BOULEVARD, COON RAPIDS, MINNESOTA 55433-53q7 ! (612) 755.2880' FAX (G12) 780-6421 ~ .. I-' .. .. >' '" t: .. t: '"' l:: (' ., ~ .. '" .. t: .. .. ,'"' '"' t; " g .. t; t: ~ " ., .. .. ~ z i ~ ~ ~ :l t: ., .. Q -' ~ 0: j tz g :; x ~ ~ 5 w i'- , 0( N ~ ::> u g x ;;: >- 0: 0( 0: t( j, I 0 x ~ ~ w I ., x ! d , ~, .. " " " ~ ~ -.J - , " & <- o o {f l~1 I ..L AUOITO S -I HO. 138 ,PETITIONER: RIVERDALE PARTNERSHIPS PLANNING CASE:90 - 61 LOCATION: 131st AVENUE NW & POppy STREET DATE: JUNE 21, 1990 ~ (" \., I \. 8 '10 c. C, 0/iY9i} Anoka Area Chamber of Commerce Hay 31, 1990 e Champlin e Day1.on_e Ramsey- , ,"'- E" ~'~ v... """ 0 '!L>> . ~ ,- -:' ~ \-O,s ;';a 1 ~ ~"J,., "\OJ ""'" 'l t1' a,. "" , ~; . --~~'"--l' ~ 'I .n ;i'J 1 1990 J CITY OF ANDOVER City of Andover Jim Schrantz 1685 NW Crosstown Blvd, Andover, MN 55304 Dear Mr. Schrantz and members of the Andover City Council; The Board of Directors and Members of the Anoka Area Chamber of Commerce would like to ask the City of Andover to join our organization. The Anoka Area Chamber of Commerce features a total of 462 members that are working to better the business climate in the communities we serve. The Anoka Area Chamber of Commerce features many Andover businesses as members. We currently have 28 Andover businesses that are members of this Chamber. We also feature 2 Andovor business people that are on 'the current Board of Directors of the Chamber. They are Lon Heleemo from Firstar Bank of Andover and Norene Butalla from Andover Tax Service. These businesses and individuals are working for and with the City of Andover on a constant basis, Jay Blake has been attending Board meetings since his arrival in Andover. Our newsletter is mailed to every business, member or not, in Andover. Mr. Blake wri'tes an article updating the area businesses about what is going on in Andover, As you well know, the growth of Andover is overwhelming and exciting, This Chamber is playing a small part in that by dealing with people who are calling this office and asking for information about your city. \~e mail these people our local map which includes Andover along with information supplied by Mr, Blake. First year membership dues in the Anoka Area Chamber of Commerce are $50,00. Dues for the second year and every year after are $100.00 plus $2.50 per full time employee. The Board of Directors hope 'that the City of Andover will join the Anoka Area Chamber of Commerce, If you have any questions, please feel free to call me at 421-7130. Thank you, Sincerely yours, r~~c~ Peter Turok Executive Vice President Anoka Area Chamber of Commerce , ) '-.J 222 East Main Street. Anoka, MN 55303 . (612) 421-7130 ~ ANOKA ELECTRIC COOPERA T1VE ~ 2022 NORTH FERRY STREET ANOKA, MINNESOTA 55303 PHONE: 812 <2'-378' June 5, 1990 70 CC, i/Fj/ '7 0 ~,1,'"" ~" E' f,;-it' ;:\ft".,...... iLf;' V~"'~ '2! ~u. r,!~ ~ r'~"-~'---"'-'''-'.l: ' :1 ~j ;,: ;'J 6 1990 I Mr. James Schrantz City of Andover 1685 Crosstown Blvd. NW Andover, MN 55304 Dear Mr. Schrantz: CITY OF ANDOVER Subject: Cable Television (CATV) We want to inform you of a multi-year program that will affect your community. In most communities, the local cable television company has constructed their system by attaching their overhead wires to AEC's poles. When the cable company attaches to our poles, the construction must meet the requirements of the National Electric Safety Code. unfortunately, we have found many instances where the installation does not meet code. For example, the cable may be too low over a highway, a pole anchor was not installed, or the pole has insufficient strength to support electric wires plus cable TV wires. This poses a safety problem and could reduce the reliability of our electric system during severe weather. For this reason, we have initiated a program to inspect all of our facilities for code violations caused by cable TV attachments. As we find these problems, we will inform the cable company so that they can make the required corrections. We anticipate that the cable companies will make corrections in a timely manner. If however, the cable company does not make the corrections, we may be forced to take stronger action. This could range from not allowing them to connect new attachments to our poles, to requiring them to remove existing attachments. We hope that such action will not be required, but we want to point out that the code violations exist and what procedure AEC will follow to have them corrected. We will keep you posted should any problems develop. Sincerely, '~ RDN:JG: jd /'"' r/5 ['A L DIS PIlfL/17 &" 50 - 77:> ; c: c. ,/1f/90 , --. - :J Recently, the Hennepin County Office of Planning and Development issued a booklet entitled The Fiscal Disparities Program: Trends, Issues, and Recommendations. The Executive Summary lists concerns about the existing law that, at best, are extremely misleading and need clarification: Q. The first concern essentially is that the law is misdirected in that it fails to consider the varying local government requirements for community service, business safety and infrastructure needs. A. These are the needs that are usually included in the term municipal or educational overburden. First of all, if the report's number 1 recommendation (the elimination of the program) were successful, obviously this problem would be many, many times worse since the rich communities would become much richer and the poor communities much poorer in their ability to provide these types of overburden services. Secondly, it was never the intention of the Bill to address any specific costs incurred by the various units of government. The concern was that the communities be put on a more equal footing in their ability to raise whatever money was necessary to support these services and that the state aid formulas which distribute the proceeds of the sales tax and income tax, e.g., should be used to address the overburden costs. A good example is the approximately 22 million dollars that is allocated to the City of Minneapolis to handle special education problems as a result of the large number of AFDC pupils1 on the other hand, the Anoka/Hennepin District #11 receives no money whatsoever for that purpose. The same is true of many other state and federal programs which are categorical in their allocation. Obviously the fiscal disparity law has the purpose of equalizing tax base and cannot and should not be used to address overburden problems. Q. The second concern is the fact that the valuations used in the fiscal disparity law includes inflationary growth. A. It is preposterous to imagine that a bill to equalize tax base among local jurisdictions would not include the current value of the property whether that value '\ ......-J , ~J is based on original or inflated value. Obviously, all of the property that was included in the base year, either developed or undeveloped, included the inflation factor since taxes are based on the current value of the real estate, those numbers must be used in determining the base against which those taxes are levied. There was never any discussion during the debate on the bill nor any amendment ever offered to eliminate the inflation factor. Q. The objection is that the 40% shared base is arbitrary and imposes severe burdens on many communities. A. When the bill was first introduced in 1969, it provided for a 50/50 split of the tax base. However, to make sure that this would not be a burden on communities requiring infrastructure costs for new commercial and industrial development, it was changed to 40/60. There is no question that even that is somewhat arbitrary, but the past evidence that it has not become a burden on some communities is the fact that the biggest loser under the program still has more tax base per capita than the biggest winner. This is exactly the result the bill hoped to accomplish. Q. The concern is that the program removes tax base to developing cities at a time when it is needed to pay for increased services and infrastructure. A. As a matter of fact, precisely the opposite has happened. The f.irst year of the bill's operation the City of Minneapolis was the biggest winner and remained a winner over ten years during its period of substantial commercial and industrial growth. Since then it has been losing, but it currently has more than $1,000.00 more per capita in valuation than St. Paul which is the biggest winner. Although there are ways that the bill might be improved, the four concerns listed in the Hennepin County report are totally unf9unded based on the records available. o -2- .', Fis,cal lJisparitics IV ~- o Execllth'e Sll III III a ry This report examines the Fiscal Disparities program, which shares the fiscal benefits of new economic development in the Twin Cities me,tro area regardless of where the actual devel- opment occurs, A portion of the growth in commercial- industrial tax capacity since 1971 is contributed to a metro pool, which is then redistributed to the area's tax districts. Counties serve as bankers for the Fiscal Disparities program, collecting payments from commercial-industrial property owners and redistributing pool dollars among their commu- nities. fiscal Disparities Trends With the area's rapid commercial-industrial growth since 1975, the program has expanded sixteenfold, Over 30 per- cent of the metro commercial-industrial tax base is now shared, and a rise to 34 percent by 1995 is projected; Hennepin is the only metro county that has consistently ex- ported tax base since the program's inception. Losses for the county for 1990 were 556 million in tax capacity, with 560 million in taxes going to the rest of the metro area, By 1995 it is projected that the county will be exporting 5133 million in tax capacity, The program affects each city in Hennepin County differ- ently, depending on the city's per-capita market value, pop- ulation, and commercial-industrial growth, Two-thirds of Hennepin's cities gained tax capacity in 1990, yet they ac- count for only about one-fourth of the county's total popu- lation, It is anticipated that gaining cities will continue to gain and losing cities will continue to lose, with the size of the gains and losses increasing. fiscal Disparities Concerns This report raises several concerns about the Fiscal Dispari- ties program, Among them are the following: . The program's prime goal, to reduce variations in the tax base, is misdirected, Tax-base redistribution cannot be done equitably without taking into consideration varying local government requirements for meeting community service, public safety, and infrastructure needs. The Fiscal Disparities program redistributes tax-base re- sources but fails to consider differences in local govern- ment tax requirements. ' '--) I I /, o ~ .~ .~ I I~ I .~ , ~ ! ! ~ I I I~ , , I I~ I I I~ I~ I ~ I I ,~ , ~-.J ,~ ! , I~ I , Fiscal Disparities v . The Fiscal Disparities program shares not only new commercial-industrial growth but also inflationary growth. In 1989 over half the contribution pool consistcd of inflationary growth of parcels developed beforc the program began. Sharing inflationary growth removes resources available to local governments in violation of the program's first objcctive "to provide a way for local governments to share in the resources generated by the growth of the area, without removing any resources which local governments already have," . The portion of commercial-industrial growth to be shared, 40 percent, is arbitrary and imposes severe bur- dens on many communities. This burden is expectcd to become heavier in the future. . The Fiscal Disparities program removes tax base from developing cities at a time when the additional tax base is needed to pay for the increased services and infrastructure required by the growth. Program Replacement or Change Given the serious failings of the Fiscal Disparities program, ,this report recommends replacing it with a system that: . Is more easily understood by state and local officials and taxpayers. . Is more equitable, . Reflects differences in the amount of local tax effort re- quired by local governments. If replacing the Fiscal Disparities program is not feasible, this report recommends modifying the program, Among changes suggested are the following. . Share only real, not inflationary, growth. When the tax base is measured in constant dollars, the Fiscal Dispari- ties/program reduces some resources of local governments below 1971 levels, . Take into consideration the demaitds placed upon local government resources. The Fiscal Disparities program considers only a community's resources and ignores the demands placed on these resources, A local govern- ment's fiscal health depends on both sides of the resource equation, !~ II !O II i II i. I I 1 I I g I I ij I ! I I I I I I I I, g :,-.J I u Fiscal Disparities VI . Reduce the contribution rate. This would ameliorate a number of problems of the Fiscal Disparities program. A reduced contribution rate would lessen the tax burden on certain cities and their residents, particularly residents with low incomes. Incentives for development would be stronger, and developing communities could retain more adequate resources to support growth and local service needs. JAI.4[5 ,... lAnl<lt' IICecErtT l.1I0F"MA'" ..lACIC "'.I:'AlY C. 1'1.1:"'11:'1-4 l"tOnnr::'" W[....C'~ll n. At'Oftnso'" r ~"Il~ II. Fnll::Cf:ll I t 1:. "'Ull'OA'" \__l;l/',=~~~I:~~t;I:'f I:CWAPlO J. cnlSCOll J"M'I:"\ p. '''llII;.Y OCNI: N. Fl)llE~ DAVID C. Sf:llr..nonll:lI "1CUArtro J. Kr:E.I...N JOliN O. FlJllMr.n POt1ERl l!:. nO"I.1: rq...t~1< I.II...nv!:" CH"ru r:S s. 1-400l!:I.L cunISTOPHC'" J. DI['l.E'" .1",'''N n. BC....'T11!: l"'C'A Ii. ,.I5HC'" T"'O~I^~ P. SlOlTM....N STEVlIC'" ('l. lEVIN ,.r:-PRF!'t D. PlOWlIN '""C"^El C. J^CIIMA'" JOU" 1:. DIEHl .JON ~. SWIEnl.[WSK' THO.....5 J. FLYNN .JA""1:5 P.OUINN 1':'L'0 I. FnEft""^N STEf'IH:N n. SOlOMON PEt!!:R K. er.:r.t( .Jf:qo""l'; ".ICAIH'K!: SH[Rf1Il.l OM....N KunETICH o[n"lD l. !'\t:CK JO~'N e. lu"noUl5T D^"l[ NOlA"- 1,",OMA5 B. HUMPtlR[Y, JR. LAHIUN llOFFNAN, DALY & LJNDUHEN, 1;ru, , ATTORNEYS AT LAW 1500 NORTHWESTERN FINANCIAL CENTER 2000 PIPER JAF'FRAY TOWER 7900 XERXES AVENUE SOUTH 222 SOUTH NINTH STREET BLOOMINGTON, MINI~ESOTA 55431 MINt-lEAPOLlS,'-tINNESOT^ 55402 TELEPHONE 16121 835-:3800 TELEPHONE 16121 338-6610 FAX 16121 895-3333 FAX 16121 336-9760 NORTH sueURn^N OFFICE 8990 SPRlNGSnOOK DRIVE, SUITE 2S0 COON RAPIDS, MINNESOTA 5S433 TELEPHONE 16121 786-7117 FAX 16121 7Be-6711 Reply to Coon Rapids February 1, 1990 ~lr. Tim Yantos Deputy County Administrator Anoka County Courthouse Anoka, Minnesota 55303 De arM r. Ya n t 0 s : O^,VID J. PIt..T ""l':HAEl T. t"c:ICIM CH....nll;:!\ n. W[J\V[R HF:"HA" l. 'ALl!: vI"c:rtlt O. [Lt.^' "'NonF.w J. MITC'U:ll JOt"l A. COTtErt- BE^ftllC[' A. nQTHW[llt:n Pi\Vl. 9. PlUtlk[tl ...l...N l. kllonw I(^TIIL[E" .... "ICOT": NEWMAN ~ICHAE l e. Lr. P"''''ON ,,,,.NC'!' E. o.F.tllCnSON lRM:Y n. [IC~1I10nN'MICk9- ...MY 0...1111 lJ"''''OY CATMEl'll~IE e/lRN[tr WIlSON- J[F,nEY t:. ANDEnSON C....NI...l. l. roIOW u:: 5 fO["lO M. Vl^lKovlClt ,'MO',"," .J. t-lc:"I.o,tllJ'S (HH:non" E. 1I0nSl^D USA ^. GRill' Q,ARY ". I1E:NIlfi:I([ T~IOMAS H. Wt:IIoV'I!;R SIl^~lrlOIl k. t.lcC""~BRIOOE MICU...[l S COH[N OENI..[ M. NOR10N QARY ^. VA" r.L!:.....: I~IC'~llol!:l P. PRAt.l...N J09EP,", w. C1'CKE.'" JACQUElI"r. F. DtETl. G^,'U:N L. KN"'CIC nOL'''IEY O. IvIES JUUr. .0,. wnll5r:: CH"'ISTOro'IFP J. l-l...nRI5TH....l 5't""0N l lJ'tENtl^ t.lIloI1Ut^" CAIIII(1.o, llTl....U ""'(''>THY J. KI';AUE ..lOti R II0np[flO VlIll.I"t.4 c. O"l'F"H THF:OnC>Rtr ^. "'ONC.o,ll: JOIHt J str:'FEtn'AOEN ,=,.o,UIF:l w. voss 0' COVIl!'\Cl ..rO~f:"'1l nlTl~ RtCH^nD A. NonDBY!: ""1..:0;.0 ^,>"UT'ED IN Wl5COt~SIN The following is an illustration of the impact oE the proposal to use a percentage of. the monies f.rorn the increase in the Eiscal disparity pool for light rail transit. Obviously, if such a change were made in the law, communities would receive a smaller distribution in future years than they would have received under the current law. I assume that the money which they would lose would have to be raised from their local tax base, and the following numbers illustrate the mil rate required to raise the anticipated loss, assuming a 30% dedication of the increase in the pool in 1990 as compared to the amount that would have been raised in 1990 under the current law. Hinneapolis st. Paul Coon Rapids Blaine Champlin Eden Prairie Edina Brooklyn Park .55 .98 .98 1. 2 4 1.14 .22 .12 .72 In other law, it Ed ina. ,,) words, to raise the money resulting Erom the change in the would require a mil rate ten times higher in Blaine than in Coon Rapids would have to levy more than four times that oE " /' , LAHIUN, IJOFFNAN, DALY &. LINIJUHEN, I:['D. ~ ) , ~lr. TIm Yantos February 1, 1990 Page 2 Eden prairie and double the mil rate that would have to be levied in Minneapolis. Obviously the result would be that the communities who were less likely to receive light rail services in the near future would be the ones paying the most for it. During the process the numbers which I used and which I provided to Bob pulscher, were supplied by eill Barnhart of the City of Minneapolis. Bill is not only competent and cooperative, but has quick computer access and capability which enables him to provide us with specific information regarding the disparity formula, and it has always been done so upon request. l\11 of. the runs which Bill has supplied me with are, of course, available to you at anytime along with the substantial packets I prepared for the RTO and Metropolitan Council at staff meetings which I attended. I have not enclosed this additional information but, of. course Tim, it is available to you at anytime. You will find enclosed with this letter the original and two copies of the contract for services which have been signed and dated by me. If you have any questions or need anything further, please don't hesitate to call. Very truly yours, Charles R. Weaver, for Ll\RKIN, HOFFMAN, DALY & LINDGREN, Ltd. CRW:ts :,J 8 HF.'10 TO: HEHRERS OF THE SENATE TAX COHHlTTF:E FROH: CHARl.ES R. I-IEAVER DATE: }~RCH 23, 1988 RE: FISCAL DISPARITY BILL HOUSE FILE NO, 1125 SENATE FILE NO, 1134 Senate File No, 1134 is a Bill containing amendments to the Fiscal Disparity Act, The Bill is sponsored by a number of metropolitan municipalities and the Senate author is Senator Ember Reichgott, I think it should be made clear at the outset that while there are many positive things contained in Senate File 1134, it does, in fact, slow down the process of correcting the disparities in tax base between the various metropolitan jurisdictions, A good example is a comparison between valuations in Golden Valley and Coon Rapids, Golden Valley currently under the Fiscal Disparity Law has a total commercial industrial tax base per capita of $4,896,00, Coon Rapids has a total commercial industrial tax base per capita of $1,813,00. Hithout the Bill the Golden Valley valuation would have been $6,069,00 and the Coon Rapids valuation would have been $1,195,00, Obviously, although there is still a substantial gap between the available tax base for these communities, it is much less than it would have been had the Bill not been in operation, According to a report issued by House Research and authored by Steve Hines and Karen Baker, it is indicated that even if there were no action whatsoever relative to amending the current law the disparity would still continue to grow although at a much slower rate than it would without the Bill, Obviously the point is that even though there are a number of jurisdictions that are substantial losers they also are the ones Io/ith the highest net tax base in the metropolitan area so even though you may lose valuation to the pool, the end result is that you still' are much better off than the other communities which may have been gainers from the pool. I've indicated that the Bill does a number of positive things including equalizing the assessment ratio which should be done to put everybody on a level playing field, It also makes a number of technical corrections including the elimination of the factor of two in the formula, and I think all of these technical correctJ,ons are positive. "- '--) ,) ,-. The biggest concern, of course, is dropping the contribution level from 40% to 30% over a five year period at the rate of 2% per year, As an offset the Bill does recapture the base existing prior to 1971 and does so over a period of 20 years. It should be remembered, however, that once the pre-7l base is recaptured, there is no more offset to the 30% contribution figure. Over the long run, these changes very significantly reduce the ability of the law to reduce or contain the disparities within communities, From the County perspective, the figures are very similar to the Golden Valley/Coon Rapids example, Comparing Hennepin County to Anoka County, Hennepin County, according to the latest available figures, has a commercial industrial value per capita of $3,323,00, Anoka County has a commercial industrial value per capita of $2,062,00. Obviously, Hennepin County is something more than 50% higher tax tax to draw from than Anoka County. Without tax base sharing the Hennepin County value would have been $3,685.00 and the Anoka County valuation would have been $1,490.00. It seems to me if we start slipping back 'toward the "winner take all" philosophy that preceded the enactment of the Bill in 1971, then we certainly are courting disaster for the whole concept of the guided growth policies that have been so important in the development of the metropolitan area, I am also concerned that because of the number of property tax reform proposals that are now before the Legislature changes made in the Fiscal Disparity Law prior to enactment of property tax reform would be very difficult to assess as they relate to any new property tax laws which might be enactp.d, I have enclosed some additional numbers which I have taken from numbers developed by the Citizens League and I hope they will be useful in your consideration of the current Bill, Obviously, if you any questions whatsoever, don't hesitate to contact me at anytime and I would suggest that for more detailed analysis the report entitled "Tax Base Sharing In The Twin City !1etropolitan Area" prepared by Steve Hines and Karen Baker of the House Research Staff is an excellent resource, I will be looking forward to seeing you and working with you during the balance of the sessions, Very truly yours, CRW '. ) , ) The table below illustrates the net tax base per capita for the ten largest gainers and the ten largest losers under the Fiscal Disparity Bill, You will note that each of the losers has substantially more tax base than any of the ten largest gainers, I think this is the best illustration that I can give you to indicate that the Bill is working well and is accomplishing the purpose for which it was intended without severely impacting any of the contributing cities, (Figures and ranking from the Citizens League - Minnesota Journal and Baker-Hines Report), 1987 Ten Largest Gainers St, Paul 2835 Coon Rapids 1813 Brooklyn Park 1911 Richfield 1778 Tl1aine 2167 South St. Paul 1843 Crystal 1854 Apple Valley 1400 Cottage Grove 1888 White Bear Lake 1684 Ten Largest Losers Minneapolis 3752 Bloomington 4359 Minnetonka 4134 Eden Prairie 4837 Edina 4066 Plymouth 3149 Burnsville 3457 Rosevi11e 4217 Golden Valley 4896 Map1ewood 4504 " ) , '\ 'J CA.. CITY of ANDOVER Regular City Council Meeting-June 19, 1990 7:30 P.M. Call to Order ~ Resident Forum Agenda Approval Approval of Minutes Discussion Items 1. Neighborhood preservation Association Petition 2. Amended Special Use Permit/Constance Free Church 3. Ken Kobs Sketch Plan 4. Genthon Ponds Sketch plan 5. Final payment/88-1/Crosstown Blvd" Cont. 6. Discuss Establishing Boundary Commission 7. Adult Use Business Ordinance 8. Approve Bond Sale Staff, Committee, Commission 9. Approve Temp. Non-Intox. Liquor Licenses/Lions 10. Park Dedication Fees/Lot Splits 11. Povlitzki Lot purchase 12. 13. Approve Union Contract 14. Carpet Replacement 15. Accept Resignation/City Planner 16. Approve Recycling Agreement Non-Discussion Items 17. Approve Resolution/Jay st. Auto Dealers Sign 18. Approve Plans and Specs/90-6 Approval of Claims Adjournment CJ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE June 19. 1990 ITEM NO. ORIGINATING DEPARTMENT Administration BY' v. VOlk~\)V AGENDA SECTION NO, Approval of Minutes The city Council is requested to approve the following minutes: May 29, 1990 Special Meeting w/Park Board (Jacobson absent) June 5, 1990 Regular Meeting (Jacobson absent) '~ MOTION BY TO COUNCIL ACTION SECOND BY o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE June 19, 1990 1. ORIGINATING DEPARTMENT Administration BY, U' e" Un'" \\.Jii APPROVED FOR AGENDA AGENDA SECTION NO, Discussion Items ITEM NO. Neighborhood preservat on Assn. BY: Representatives of the Neighborhood Preservation Association will be present to request the prohibiting of pumping water from Round Lake. They have also requested the Department of Natural Resources to prohibit this activity. MOTION BY COUNCIL ACTION SECOND BY '\ '-....I TO ~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION June 19, 1990 ITEM Amended SUP Constance NQ Ev. Free Church c2. DATE ORIGINATING DEPART't~ Planning 'I' BY, Jay Blak~city AGENDA SECTION NQ Discussion Items APPROVED FOR AGENDA Planner BY: REQUEST The Andover City Council is asked to review and approve the amended Special Use Permit for the Constance Evangelical Free Church to allow the construction of a new sign on their property at 16060 Crosstown Boulevard. BACKGROUND The enclosed review memo to the Planning and Zoning Commission summarizes the issues quite well. The Planning Commission heard the request at their May 22, 1990 meeting. A public hearing was held and no opposition was heard. The Commission recommended approval of the request with the conditions outlined in the minutes of May 22, 1990. COUNCIL ACTION MOTION BY '\ ...J TO SECOND BY CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION . '\ o DATE 22 May 1990 AGENDA ITEM 3. 16060 NW Crosstown Blvd. Constance Evangelical Free Church Amended SUP: Identification Sign ORIGINATING DEPARTMENT APPROVED FOR AGENDA Planning/Zoning \~,vJ\ BY: d' Arcy Bosell ~r BY: The Planning & zoning Commission is requested to consider an Amended Special Use Permit request for Constance Evangelical Free Church to remove and re-erect a sign for the purpose of identifying the church. There is currently on the property at the corner of Constance Boulevard and Crosstown Boulevard a sign which has been there for many years and which is proposed to be removed. The property on which the church is located is zoned R-1 and is regulated under Section 7.01-7.03 of Ordinance No.8. The Sign Regulations which apply are found in Section 8.07 of that same Ordinance. Section 8.07 C (1) provides the criteria under which signs are regulated in a Residential District. Section 8.07, however, is silent at it pertains to specific details regarding church signs. It does, however, include a 32 square foot sign for the purpose of offering residential properties for sale. At the time Ordinance No. 8 was adopted, the church was already constructed and the use was grandparented in as a lawfully existing conforming use. In 1980, an amended special use permit was sought and received to add the second story to the structure (previously occupying the basement only). Sometime in the late 1970's to early 1980's, the original church structure was removed from the site and placed at the Farmstead at the Anoka county Fair Grounds as a historical building. Section 3.02 defines sign types and includes in the definition of a "Residential Identification Sign" a church. Section B.07 D (2) h provides that an "Area Identification Sign" shall not exceed 32 square feet. As pointed out previously, the Ordinance is silent as it pertains to church signs. ; In researching the histoyy of this church through the Building Permit files, the earliest sign permit application found is dated June 11, 1979 which was for a 3.5 x 5 double faced sign. On August 14, 1986, another sign permit application was made to erect a 40" x 60" sign at the intersection of Crosstown Boulevard and Constance Boulevard replacing the previously applied for sign. On November 24, 1987, another sign permit application was made to erect a 16" x 24" sign west of the driveway and north of the church building along Constance Boulevard. '~~ ',J page Two In Re: 16060 NW Constance Boulevard SUP: Church sign 22 May 1990 A review of the churches in the area reveals that none has a sign which is 6 square feet in area as provided by the Ordinance (previously allowed to be 4 square feet). The size of the signs varies but generally speaking, none of the signs are more than 32 square feet. The churches I have in mind include: Anoka Assembly of God Church, Constance Evangelical Free Church, Family of Church Lutheran Church, Grace Lutheran Church, Meadow Creek Church, and the Seventh Day Adventist Church. staff believes that inherent in the granting of a SUP is the ability for a church to erect an identification sign of reasonable size and location. Although the SUPs granted to all of the Andover churches are silent on this item, all places of worship require a sensible identification sign. Due to the glaring hole in the sign section of Ordinance No.8, staff believes that the request is not unreasonable. The sign permit application provides the details for the sign and indicates that the square footage for the proposed sign is 27.5 square feet. The request is smaller than the non-residential signs allowed when identifying a residential property for development. The Planning Commission may take one of the following options as a recommendation to the City Council: 1. Recommend approval of the Amended Special Use Permit request as presented noting that the Ordinance is silent as to the sign criteria for a church. The motion should have specific language that supports such a recommendation. 2. Recommend denial of the Amended Special Use Permit request as presented based on the Ordinance. Again, the motion should have specific language that supports such a recommendation. 3. The request can be tabled for further information. Said request should be specific as to what further information is desired. It is the recommendation of the Planning Department staff that option No. 1 be adopted and include in the motion the fact that the Ordinance is silent a~ it pertains to church signs and their size; that there is an existing sign already on the site which is grandpa rented in and allowed to continue by virtue of the Amended SUP granted in 1980, etc. '\ 'J @ CITY of ANDOVER 1685 CROSSTOWN BLVD. N.W. ANDOVER, MINNESOTA 55304 SUP ji A MEN D E D "J SPECIAL USE PERMIT' REQUEST FORM Property Address / I.tPO~O el't-o~s:rv~1\/ 3'-1/0 /VAl /-'-IVoov~ MJ' S $-;3;/ Legal Description of property: (Fill in whichever is appropriate) Lot Block Addition plat Parcel PIN H - .::bf-;,d-f- -f / - CJOrY :3 d:r.--L c)cJO.S- (If metes and bounds, attach the complete legal) Reason for Request 72.€x:JvJE:S,-.//V? P.€a)4dS.sj'e~ 7V /NSr~ N~tJ ~~/t.e:p c:S/6,A./ IN A/?".-A.l /or~;;'J Section of Ordinance 'J,od Current zoning ~-/ ********************************************************************** Name of Applicant L!o/VSr,,4-,VC:!E &~c..&t:..IC~ 4~2... ~df!4 Address /c..060 <24oJsrOV\//V i$~vo ,MbV. hi>ev~, mJsS".3'oj Home Phone Business Phone </3c/-S995 Signatu'.(Rr) ~6~; ~~ Date q--2tf, -~O *** ************ ******** ************ *** * * ** ***** **** ***'************ property Owner (Fee Owner) (If different from above) (~\~-O ) Address Home Phone Business Phone Signature Date ! ********************************************************************** Attach a scaled drawing of the property and structures affected showing: scale and north arrow; dimensions of the property and structures; front, side and rear yard building setbacks; adjacent streets; and location and use of existing structures within 100 feet. ~~ The names and addresses of subject property must also Amended SUP Fee: $ 50.00 Application Fee: $150.00 all property owners within 350 feet of be provided. the Da te Paid...:,c L) ;-c./[: Receipt # r:..' I /~ C'f. Filing Fee: $10.00 ) 'I) ~ lor i I ...!:::::: (fJ ~ C) c I \J\ -\ '> I-c.. 10 I\D ; i W' , \ I 1 1 i . '. I 1 I I ' ,~ " :~ 1 i 011 o ~! wJ 1 j ~ 1 l 1 t 3 i , :> 1 . 1 I '. , I --...L J I b!i:a,: I I PI , G\ .2= _ W L..'1 ('< " ~'\ S i A ~ 1 ij 1 ,~ 'J I - , -r-,~ 1- , " --;~ 0,- '~ 'i '~ a r "'" '3 ";"";:>1 Ull J ; ," . T ~1 ~ I i l , " I , i h ; 1/ I , , \ "j' \ -, I (]/r/Q.tl~YI - ~ I y , ~ A -.1L w ~ , ,0 ,.-J o I o 0 0 0 0~ .~ ~ f?1 r~ ~co o 0' ~ :: 10 0 0 ~ 1+ . ~ ~ 0 0 I :: ~ ... T I I ~ ~, ri .11 I. - a 0'" , ,j ~J \ '-) ~ '''J ~P'",,",""":""'. I~" l,.l..Y,) ~, ' , ' ..: ..,' , . CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N,W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 CITY OF ANDOVER COUNTY OF ANORA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The Planning & Zoning Commission of the City of Andover will hold a public hearing at 7:30 pm, or as soon thereafter as can be heard, on Tuesday, May 22, 1990, at the Andover City Hall, 1685 NW Crosstown Boulevard, Andover, MN, to review the Amended Special Use Permit request of Constance Evangelical Free Church to install a church sign at the property located at: 16060 NW Crosstown Boulevard (14-32-24-41-0003 and 0005). Written and verbal comments will be received at that time and location. A copy of the proposed request is available at City Hall for inspection prior to said meeting. U:/U' Victoria volk, City Clerk l ',J (jf'\,'".,',,\ ..l'\, / , -/ , , - -...:-......1,;..... CITY of ANDOVER REGULAR PLANNING AND ZONING COMMISSION MEETING May 22, 1990 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission Meeting was called to order by Chairperson Rebecca Pease on May 22, 1990, 7:30 p.m., at the Andover City Hall, 1685 Crosstown Boulevard N.W., Andover, Minnesota. Commissioners Present: Bill Coleman, Ron Ferris, Bev Jovanovich, Randy Peek and Don Spotts Commissioners Absent: Wayne Vistad Others Present: Jay Blake, City Planner and Todd Haas, Assistant City Engineer APPROVAL OF MINUTES MOTION by Coleman; and seconded by Peek to approve the minutes of the Planning and Zoning Commission held on May 8, 1990. VOTE ON MOTION: Yes--Coleman, Jovanovich and Peek. PRESENT-- Ferris and Spotts. Motion carried. PUBLIC HEARING, AMENDED SPECIAL USE PERMIT, CONSTANCE EVANGELICAL FREE CHURCH, 16060 CROSSTOWN BOULEVARD, NEW SIGN This is a request for an Amended Special Use Permit for the Constance Evangelical Free Church to remove the old sign and re-erect a new sign for the purpose of identifying the church. The church is located in a residential district, which is regulated under Section 7.01-7.03 of Ordinance No.8. The sign regulations which apply are found in Section 8.07 of the same ordinance, although it does not specifically address church signs. Section 3.02 defines sign types and includes in the definition of a "Residential Identification Sign" a church. Also, Section 8.07 D (2)(h) provides that an "Area Identification Sign" shall not exceed 32 square feet. Blake stated that a review of church signs in the area reveals that none have a sign which is six square feet in area. The size of the signs varies, but generally speaking, none are more than 32 square feet. The churches Blake considered include Anoka Assembly of God Church, Constance Evangelical Free Church, '\ Family of God Lutheran Church, Grace Lutheran Church and Meadow ~ Creek Church. ~~ Regular Planning & zoning Meeting Minutes--May 22, 1990 Page -2- Blake stated that the sign permit application indicates that the square footage for the proposed sign is 27.5 square feet for an unlit sign. It is the recommendation of Staff to approve the Amended Special Use Permit request. PUBLIC HEARING At this time Chairperson Pease opened the Public Hearing for this request. There were no comments. MOTION by Ferris and seconded by Spotts to close the Public Hearing. Carried unanimously. Coleman asked how the measurements were taken for the sign, since the submitted sketch appears to be larger than the allowed 32 sq~are feet if taken by the outside measurements. Spotts suggested they may need to cut the ends of the boards that extend past the posts. MOTION by Ferris and seconded by Coleman that the Andover Planning and Zoning Commission recommend ,approval to the City Council of the Amended Special Use Permit for Constance Evangelical Free Church located at 16060 N.W. Crosstown Boulevard for the construction of a new sign, which would be 32 square feet (existing application calls for a sign which would be approximately 36 square feet) and it would be a stipulation of this motion that the size of the sign be brought down to meet the Ordinance requirements of 32 square feet. The existing sign is to be removed and the new sign erected will be erected it its place. The request does not include illumination. A public hearing was held and there was no comment, either negative or positive at the Public Hearing. Motion carried unanimously. This item will go before the City Council on June 5, 1990. ADULT USE BUSINESS RESTRICTIONS, DISCUSSION Blake stated that at the request of the City Council, the Andover Planing and Zoning Commission has been requested to draft an Ordinance that limits the placement of "adult-type" businesses within the City. He stated that this is a result of the happenings in the City of Ramsey. ~-) ~) CITY OF ANDOVER COUNTY OF ANOKA STATE ,OF MINNESOTA RES. NO. R -90 A RESOLUTION APPROVING THE AMENDED SPECIAL USE PERMIT REQUEST OF CONSTANCE EVANGELICAL FREE CHURCH TO ALLOW THE CONSTRUCTION OF A NEW IDENTIFICATION SIGN ON THEIR PROPERTY AT 16060 NW CROSSTOWN BOULEVARD. WHEREAS, the City has received a request for an amended special use permit to allow the construction of a new advertising sign on property with the following PIN numbers: 14-32-24-14-0004 14-32-24-14-0005 WHEREAS, the Andover Planning and Zoning Commission has reviewed request at their May 22, 1990 meeting and has recommended approval of the request; and WHEREAS, the Andover City Council finds that the amended SUP will not have a detrimental effect on the health, safety, morals and general welfare of the community; and WHEREAS, the Andover City Council finds that the amended SUP will not have a detrimental effect on traffic or parking conditions on the site; and WHEREAS, the Andover City Council finds that the amended SUP will not have a detrimental effect on the property values or scenic views in the area; and WHEREAS, the Andover City Council finds that the amended SUP will not have a detrimental effect on the City's Comprehensive plan and Development Framework. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover, approves the request of the Constance Evangelical Free Church for an amended special use permit on their property in Section 14 of the City of Andover to allow the construction of an identification sign with the following conditions: . / 1. The proposed~ign will not exceed 32 square feet in area. ',) 2. The existing identification sign shall be removed prior to the completion of the new sign. 3. The applicant shall obtain all necessary sign permits from the City. '-.J \ '"j Page 2 Constance Ev. Free Church Amended Special Use Permit Adopted by the City Council of the City of Andover on this 19th day of June, 1990. CITY OF ANDOVER James E. Elling, Mayor ATTEST Victoria Volk, City Clerk , ) "- CITY OF ANDOVER REQUEST FOR COUNCIL ACTION June 19, 1990 ITEM NO, Kobs, Sketch Plan, DATE ORIGINATING DEPARTMENT Engineertf:/Planning BY: Ja~ ~~e/Todd Haas AGENDA SECTION NO, Discussion APPROVED FOR AGENDA :3 BY: The City Council is requested to review the proposed sketch plan of Ken Kobs. The Andover Review Committee (ARC) has reviewed the sketch plan and their comments are as follows: General Comments: * The proposed sketch plan is located in an R-1 Single Family Rural Zoning District with a minimum lot size of 2.5 acres. Nine lots are being proposed. * Lots 8 and 9 front onto an MSA street and would require a variance from the ordinance. * Lots 4 and 5 are recommended to have lot widths at the front setback line of 157 feet. See attached drawing. Also, this would help meet the requirement of Ordinance 10, Section 9.06 a(3) which requires a minimum of 150 feet by 150 feet as minimum area which will control how narrow lots can get. These lots would require a variance with staff's proposal. * The floodway and general floodplain (Ordinance 50) may effect the development of the property. The developers will be required to obtain all necessary permits (DNR, u.S. Army Corps of Engineers, etc.). * The length of the cul-de-sac exceeds the maximum allowed by ordinance. Proposed length is 800 feet. * Lot lines on 3, 4 & 9 will need to be extended to eliminate all outlots or landlocked parcels. * The developer is required to meet City Ordinances 8 and 10 and all other applicable ordinances. COUNCIL ACTION MOTION BY ~ TO SECOND BY PLANNING AND ZONING COMMISSION COMMENTS: ~J The Planning and Zoning Commission was concerned over the proposed frontages for lots 4 and 5. They would recommend that a minimum standard width for rural cul-de-sacs be established by the City. This would eliminate the automatic variance for lot widths on Rural cul-de-sacs. The Planning and Zoning Commission also urged the developer to shift the lot lines on the cul-de-sac in order to minimize the size of variance needed. (Current width requirements are 300' of frontage at the setback line). Some concern was also raised about the orientation of lots 8 and 9 onto Tulip - a future collector street. ~ -", , .\-;. " ~,Il: :-~ ~: :s: , ~;\' " !! ir..9" " -I 1ft " ~ , ;r ~ -::::::-. ~! 0 I ~"l: , " 0 ',I ", - -...- -;l J 1\, 4"'" ] , ! '" '" .. . ~J '-C. , " ,,: ,,-;;, ~ ~ ~: ~ ;n ~ ~ -;,t- I' r ~ ~ -;a;~: iJJ~-""':' ~ ~ :t.' r. , , ~ '- '-+J:- , -+i" " __n..! '" ' ,;~" , 0 .. "" ~I \ " _Ht" " "'- til;: '- ~ '" ::t- f::-..... ~ ~ I. t ~ ~ .. ~ ~ ~ ,: -"0 _~.~.. .....'" '" .,,: Ja./(I ._- ... _.- --'. .IJ.r./t I I I~ I I, --",----'\ r- \' 0;' f.~ 0",:'- I , ~. ~~ -7Z~3.1'- ~~ ..:': .......... 1 ., I, ~ , , , " ~ , . ~ ~~ '{\~~ ~'~ , ~ ~ '" ~ '" ':: \).l 29J58 CJ' -"\ -1::.' 0_ \ I I wI .<'" 0' -I I-"" \("J ,- ,0 I - N (J CP r )> 2 m I<.>J 0_ I -.0 2- i (j) --.J i --' ~~ uL\p_,ST.' - 'C ~ en c 70 5 III ~:D ::: '? ~ oVl 1JvJ r :t> o f' ~ 'V. 't)i €; 0- ",'" "f <, ~... ." 8 o =t:-:' ~ , L- ~,r\r ~~~~~ I~I, \ f t '--D (J) ...:! (j' tJ\ .11 ill II \1 - z rrrr ~ ~ r ~ -t~tJ-! ., II II ~ ..-- <> '" * (jI r~ l' ., j . e vtyl0 i=:J'^V\ :;'1>'1> If' (" '" r ; l>l~ iv'.....l :r> (? r }..)Nt>J1-.) <1'\ Vl ,<1\ l1\ J> :~?? :b P I'" , ~J " i _0 i -; ----. ~- 11t'J. l() ',.I ~ '" 0 ~ ~ ~ , -1 I I , ~) ,,) ~7 .,.,tf / { f' // ~ '\ \ , " \ ///t;.Hr orwA 1-.; y we ( I I I I , , 1 , 1\c,F'- (~ /7 f' /,/ // ~---::...:" GX A I-1PL 6 , \ o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE 7""0 1 a , '99Q AGENDA SECTION ORIGINATING DEPARTMENT NO. Discussion Engineering/planning ITEM ;6K1 NO'lJ Genthon Ponds Addition, BY: Jay Blake 'AI I Sketch Plan 'T'r'\~n:'I R ,(c APPROVED FOR AGENDA BY: \ The City Council is requested to review the proposed sketch plan of Genthon Ponds Addition. The Andover Review Committee (ARC) has reviewed the sketch plan and their comments are as follows: General Comments: * The proposed sketch plan is located in an R-1 Single Family Rural Zoning District with a minimum lot size of 2.5 acres. Five lots are being proposed. * The Andover Review Committee (ARC) is recommending realignment of Butternut Street and 173rd Avenue (part of sketch plan) which will allow for better traffic circulation and may help in terms of obtaining 300 foot minimum frontage at the front setback line. Lots 3 & 4 of Block 1 and Lot 3, Block 3 are less than 300 feet at the setback line. * There is a concern of the extension of University Avenue. It is recommended to dedicate the right-of-way for that part of Lot 3, Block 2, the east 30 feet. The ordinance does allow the City to require this (see Ordinance 10, Section 9.02(i)). * All lots are required to meet Ordinance 10, Section 9.06 a(3) which relates to buildable area. Lot 4, Block 3 may not have enough width to meet this requirement of the ordinance. * Permits may be required by the DNR, the U.S. Army Corps of Engineers and local Watershed District for areas that may be disturbed by the construction. The developer is responsible to obtain all necessary permits. * The existing home and other buildings are to be defined as remaining or to be razed. COUNCIL ACTION MOTION BY . '\ \.J TO SECOND BY Page Two June 19, 1990 ~) * Extension of Butternut street to the existing 173rd Avenue will be necessary to access the development. * Temporary cul-de-sac will be necessary both at the north end of Butternut street and the east end of 173rd Lane. * Enclosed is a soil map for this region. Me and Iw are a concern. * The developer is required to meet City Ordinances 8 and 10 and all other applicable ordinances. PLANNING AND ZONING COMMISSION RECOMMENDATIONS: The Planning and Zoning Commission agreed with staff's comments and urged the developer to resubmit Block 1 without any variances for lot width. The developer may also orient Lot 3, Block 3 towards Butternut. The Commission also urged the City Council to take the right-of-way for University Avenue Ext. to 173rd Lane. ,) , \ -..) ANOKA COUNTY, MINNESOTAJ, ',r. J.... '. " . ) ,_/ I.- '~\ .,;.,,};g:~::~: too,.. t'-'~""""""'.' t~;~'~~~ii;~K~~:~~,fi;,g~~~it9 o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION June 19, 1990 AGENDA SECTION NQ Discussion Items DATE ORIGINATING DEPARTMENT Engineering ITEM NO. S Final Payment/88-1/ Crosstown Blvd., Cont. BY: James E. Schrantz APP,~,~ ~ ~OR AGE,. 1'-" I"" 1..--- ~Z~ BY;! Y The City Council is requested to approve the amended resolution to R048-90 accepting the work and directing final payment for project 88-1, Crosstown Boulevard from Bunker Lake Boulevard to 140th Avenue. See attached previous items. John Davidson has talked to the surety company and they request joint checks be issued as follows: Alexander Construction H & S Asphalt Central Landscaping AAA Striping TOTAL $ 2,686.18 $ 34,079.83 $ 12,722.40 $ 4,584.69 $ 54,073.10 COUNCIL ACTION MOTION BY .~ TO SECOND BY ~-J \ ~~ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 048-90 REVISED MOTION by Councilman to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO GAMMON BROS. FOR PROJECT NO. 88-1 FOR THE IMPROVEMENT OF STREET CONSTRUCTION IN THE FOLLOWING AREA: CROSSTOWN BOULEVARD TO l40TH AVENUE NW WHEREAS, pursuant to a written contract signed with the City of Andover on July 19 , 19 88, Gammon Bros. of Rogers, MN has satisfactorily-completed the construction in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota. The work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED that the City directed to issue a proper order for the contract, taking the contractor's receipt Clerk and Mayor are hereby final payment on such in full. MOTION seconded by Councilman City Council at a and adopted by the Meeting this day of , 19 , with Councilmen voting in favor of the resolution, and Councilmen voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: James E. Elling - Mayor '/ Victoria volk -City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION June 5, 1990 AGENDA SECTION NO. Discussion Items DATE ORIGINATING DEPARTMENT Engineering ITEM Accept Work/Direct NO.7. Final payment/88-1 BY: :'I"moC' '" c:,..h,.--'-- APPRI'f/.fD. FOR AGEN \ 11 f\ .1 BY: / v The City Council is requested to approve the amended resolution to R048-90 accepting the work and directing final payment for project 88-1, Crosstown Boulevard from Bunker Lake Boulevard to 140th Avenue. The final quantities have finally been agreed upon and all certificates signed. At the April 17, 1990 meeting the Council approved a resolution accepting the work as at that time the contractor's vice president had verbally agreed. The final has been determined and agreement is in writing this time. The check will not be issued until next meeting as we may have to issue separate checks to the sub-contractor's that have claims against the contractor. The surety for Gammon has authorized the final payment to him. Enclosures: Amended Resolution 48-90 previous Item .I , MOTION BY COUNCIL ACTION Wl \L SECOND BY ~~ '- '- ) TO I F "\1 '-,JI I 1 I 1 1 I I I I I I I I I 1 I I I . I I I Comm. No. 9128 r~ Cert.No. lOR (Final 5t. Paul,MN, May 23, 1990 , - To City of Andover, Minnesota 111is Certifies that Gammon Brothers For Crosstown Boulevard Realignment (88-1) Fifty-Four Thousand Is entitled to Seven ty- Three and 10/100-------------------------($ 54,073.10 lOR being ( F i na 1 ~stimate for partial payment on contract with you dated J u 1 y 19, Owner . Contractor ) 1988 . - eceived payment in full of above Certificate. ) . . Ldu.uL----- 1 P (10 ,19_ TaL TZ. KINO. DWALL, ANDERSON AND ASSOCIATES. INCORPORATED ENGINEERS AND ARCHITECTS 2500 American National 8ari< 8kjg, auf, Inn a 551 1 'vn~ Lf I CONTRAcrOR RECAPITULATION OF ACCOUNT AMOUNT OF TIllS CERTIFICATE / / / I CONTRACT I I I PLUS EXTRAS I PAYMENTS I CREDITS I 448,7411231 I I I I 1 432,863 54 I I 1 I I I I I 1 1 1 I 1+ 14.124138' I I I I I I 1 I I I I I 1 1+ 18,335100 I 1 I I - 1,071 100 I I I I I 1 I 1 , - 5.000 100 1 1 I I + 11.807 103 , I 1 , I 1 I I , I , , I I I 1 , I I I I I I I I 1 I 54,073110 I I I I I I I 1 I 486,936J64 1 486 , 9361 64 I I I 1 I , 1 I I 1 , 1 I I I I I 0100 I 1 I I I I 1 I I 1 I I 1 I 1 486,936164 I 486,9361 64 I I Con(nct Deice olns extras All previous Davmenls All Drevious credits r.xtraNo. Chanae Order No.1 Chanae Order NO.2 (Include Ouantities in Comp) r.hange Order No.3 Change Order No.4 (Liquidated Credit No. damaaE's) r.hange Order No. 5R (Como.) Totals Credit Ba,"nce 11lere will remain unpaid on contract after payment of this Certificate \ ,_J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE nr"; 1 1 7 , 1\;l\;lQ F '\ , ~ AGENDA SECTION NO. ITEM NO. BY: ~~~~;1 FOR BY) (jJ ORIGINATING DEPARTMENT Eng~neering The city council is requested to approve the resolutions accepting the work and directing final payment for projects 87-6 and 88-1. project 87-6 01' On June 21, 1988 the council approved a\resolution accepting the work and directing final payment. The final was contested by the contractor. John Rodeberg wrote a letter explaining the final. Therefore, the resolution should be approved again with the attached final payment and compensating Change Order. project 88-1 This project final quantities have been agreed upon. Th~ City has deducted $5,000 for liquidated damages from the final payment. The check will be held until the seeding and some minor clean up work is completed which is expected to be accomplished soon. We will be issuing joint checks with Gammon's name on them and also with the sub-contractor's names as some of the subs have not been paid. Enclosed: Resolution, 87-6 Resolution, 88-1 MOTION BY TO COUNCIL ACTION P) Dt fYlA .(V-..-,-() ~(; 1<.0 :--) .1:- ~: Conun. No. 9128 I ' " , -0 City of Andover. Minnesota ,v I TIlLs Certifies that' Gamon Brothers I [ Por I I 1 I I if; \., c_ t . , I I I I I I I Cert. No, 10 (Fl na 12 St. Paul, MN', Aprl1 11. , , _. 1990 ~ - Owner Crosstown Boulevard Realignment (88-i)" I Contractor Fifty-Three Thousand Is entitled to Fi ve Hundred Twenty~ Three and 10/1 OO----h--_~__~$ 53.523.10 10th F' .19_ I . mOASSOClATSS,lNCORPORAiEO ENGINEERS AND ARCHtTEOTS :usoo Aroorl<:a n NalJonAl B a~ 8 klg, Mlnn 55101 CONTRAcroR P.E. RECAPITULATION OF ACCOUNT comRAcT I I ptUS EXmbS' I 'aMt'7<11 :'1/ i I I I '1 I p ^ 'I'M ENT:!l I '. f f 4~.2',863 :54 : I I cReorrs f ':Dt1 once olulI cv:.tra.'l 6_ ~reYlou:! p~v,"~nt.' All previous croo.i(.'l 0' " " " " " r - 5,000 f 00 I I I C~ltNo. Change Order No, 5 I " ; ?57 'n~ I , r I ..' " " I r f f , " " I I I I I : " " I I ! I r 0' " I' I I f I 1/ I I f I I ! AMOUNT OF THIS CER'liFTCA TE /1 I r 53.523 I 10 ,. I : I I , 1 I r ,TOlal:! I' : "d : i ' 4i1/i t 1i1/i 486 ,380 ; 64; i Credit Balon~ I l1lCre wUlronaia unpaid 011 coouact alter payment I I I I I I of((115 Ccnll1C;\(e I , f o I 00 I I [ r I 1 I I /- I I , I I I I I 486.386 r 64 r 486.386 I 64 r I ~~J TKDA TO~TZ, ~IN(l, DVV~LL, ANDERSON ~ND ~!!OOIATE$. INOORPORATED ,--J,lGINEERS ARCHITECTS PLANNERS ~500 A"'EA'O~N N~T10NA~ BAN~ BUIlDINO SAINT PAUL, MINNESOTA '5,.t e12I2'~-4400 FAX 112m2.00e3 June 12, 1990 Mr. William Hawkins City Attomey 299 Coon Rapids Blvd. No., Suite 101 Coon Rapids, Minnesota 55433 Re: Crosstown Boulevard, Project 88-1 Andover, Minnesota - Gammon Brothers Commission No. 9128 Dear .Mr, Hawkins: We were advised by the Bonding Agent, Cedarleaf, Cedarleaf and Cedarleaf, Inc., 360 Larpenteur Avenue West, St. Paul, Minnesota (Tel. 488-6666) to make joint payment to creditors of Gammon Brothers, Inc. for the above named project. (See memo 6-12-90 to Jim Schrantz; attached.) A FA.,,,, copy of cluim from H & S was received this date. We have both perfomlan<:e and payment bond for the project. Is this a situation where we tum final payment over to the bond company? We were led to believe the joint payment checks would resolve the problem. Please advise. I will be out of the office to League of Cities meetings in Duluth June 13 thru 15. ~ ) JLD/ll1ha Attachment .I T'o::! 06, 2T flllf :~KDA ~'---.../ .. ENGINEERS ARCHITECTS 1:>._ TOLTZ, KING, DUVALL, AND~RSON AND ASSOCIATES. IN CORPORA T!O 2!QO AMSRICAN NATIONAL SANK BUILDING SAINT PAUL. MINN;SOTAI5101 SHlltil91!-4400 FAA "2m2.00e3 PLANNERS MEMORANDUM To: Jim Schrantz Rtferente: Q:Q~~tgW Boulevard City Project 88.1 Copies To: From: Gammon Final PaYment Andover. Minnesota Date: June 12. 1990 Commission No. 9128 We did contact Mr. Jack Cedar1eaf of the bonding agent for Gammon Brothers (telephone 488- 6666). He confirmed the payment by joint signature with Gammon as Payee for amounts as follows: Alexander ConstrUction (Curb) Central Landscaping (Restoration) AAA Striping (lane striping) H & S Contracting (bituminous) $ 2,686.18 12,722.40 4,584.69 34.079.83 $54,073.10 Total Final Payment Mr. Cedadeaf stated that he would confirm this in writing to the City today. H & S Contracting (Chuck) (phone 427-4900) was called and advised of thi~ infonnalion, JLD:j "j 1: 'd 'JOSS~ 2 ~ a ~ 1 v2:01: 06, 21: Nnr .~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION June 19, 1990 AGENDA SECTION NQ Discussion Items DATE ORIGINATING DEPARTMENT Engineering ITEM Establishing a NO. Boundary Commission BY: James E. Schrantz FOR The City Council is requested to discuss new legislation that may be useful in the Auditor 82 lot boundary problems. Bill Hawkins will discuss this item with the Council. One of the necessary actions will be to discuss a boundary commission. MOTION BY , ., "J TO COUNCIL ACTION SECOND BY ~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION June 19, 1990 DATE AGENDA SECTION ORIGINATING DEPARTMENT APPROVED FOR NO, Discussion Items Planning AGENDA ITEM Adult Business NO.'! Ordinance BY: City planner BY: REQUEST The Andover City Council is asked to review and approve the enclosed ordinance regulating the location and operation of Adult Use Businesses within the City of Andover. BACKGROUND In May of this year the City Council discussed the problems that the City of Ramsey is facing with the location of an adult book store on Highway 10. The site is immediately adjacent to a church and a day care facility. The item was referred to the Planning Commission for . consideration. During this time, staff has contacted local municipalities and the League of Minnesota Cities to obtain sample ordinances and research on adult business regulations. Two types of restrictions are being proposed. The cities of Anoka, Champlin and Ramsey have enacted a temporary moratorium on the siting of adult businesses within their communities while further study is completed. The courts have thrown out the use of a temporary moratorium and found that it is an infringement on the owner's constitutional rights to freedom of expression. Legal staff has, from the begining of the discussions, stated that this would not be a proper course for the City. The second approach is to place zoning restrictions on the location and operation of adult uses. Staff has incorporated the restrictions from the cities of st. Louis Park, Minneapolis and Rochester in drafting the enclosed ordinance, including: 500 feet from residential property, 1,000 feet from other adult businesses and/or other incompatible uses. COUNCIL ACTION MOTION BY '\ ",J TO SECOND BY ~ Page 2 Adult Business Ordinance June 19, 1990 The premise of the proposed ordinance is that the dissemination of adult materials (as defined by the ordinance) is harmful to minors and that the City must take precautions to prevent such distribution. The draft ordinance has been forwarded to the attorney for review and comments several times during the review process. Attorney Hawkins has found that the proposal is reasonable without being overly restrictive. A letter supporting the ordinance was received from the management staff at the Downtown Center. Also, input into the ordinance was solicited from the owners of two video stores within the City - Speedy Video and At Your Leisure Video. Both stores are comfortable with the proposed ordinance. A public hearing was held and two individuals testified. Both felt that the ordinance should be more restrictive than proposed. The Planning and Zoning Commission stated that they wanted to be restrictive without infringing on the rights to freedom of expression. The Commission also stated that the attorney felt the proposed ordinance is legally defensible. ** One resident asked if the hours of operation could be restricted by the Ordinance. Staff will contact the City attorney and request an opinion at the meeting. :J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA :J ORDINANCE AN ORDINANCE REGULATING THE LOCATION AND OPERATION OF ADULT USE BUSINESSES WITHIN THE CITY OF ANDOVER. The City Council of the City of Andover hereby ordains: SECTION 1. PURPOSE The City Council of the City of Andover finds that there is an urgent need to prevent commercial exposure of minors to sexually explicit materials which are hereby declared to be harmful to minors. It is in the best interest of the health, welfare and safety of the citizens of the City of Andover that the dissemination of such materials be restricted to persons eighteen years of age or older and that the sources for such materials be restricted to areas deemed sufficiently distant from schools, day care facilities, residences, religious institutions, libraries, hospitals and publicly owned land. SECTION 2. DEFINITIONS A. Adult Use. Any of the activities and business described below constitute "Adult Uses" which are subject to the regulations of this ordinance. B. Adult Book and Media Store. An establishment having as a substantial portion of ~ts business (40% of utilized floor area) used for the display, sale or lease of books, magazines, films, videotapes or other media which are characterized by their emphasis on matter depicting, describing or relating to "Specified Sexual Activities" or "Specified Anatomical Areas". C. Adult Theater. An enclosed building with a capacity of 50 or more persons used regularly and routinely for presenting live entertainment or motion pictures, including but not limited to film and videotape, having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing or relating to "Specified Sexual Activities" or "Specified Anatomical Areas" for observation by patrons therein. , \ '-J D. Adult Mini-Theater. An enclosed building with a capacity for less than 50 persons used for presenting motion pictures, including but not limited to film and videotape, including but not limited to private booths, viewing by means of coin operated or other mechanical devices, and the viewing of excerpts of motion pictures offered for sale or rent, having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing or relating to "Specified Sexual Activities" or "Specified Anatomical Areas" for observation by patrons therein. Ordinance o E. Specified Sexual Activities. Any of the following conditions: (i) Human genitals in a state of sexual stimulation or arousal. (ii) Acts or explicit representations of acts or human masturbation, sexual intercourse or sodomy, beastiality, oral copulation or flagellation. (iii) Fondling or erotic touching of human genitals, pubic region, buttock or female breast. (iv) Excretory functions as part of or in connection with any activities set forth in (i) through (iii) above. F. Specified Anatomical Areas Any of the following conditions: (i) Less than completely and opaquely covered: (a) human genitals, pubic region or pubic hair; (b) buttock, and (c) female breast below a point immediately above the top of the areola; and (ii) Human male genitals in a discernibly turgid state, even if opaquely covered. SECTION 3. GENERAL PROVISIONS Adult uses shall be permitted subject to the following requirements: 1. An adult use shall not be allowed within 1,000 feet measured in a straight line from the building or edge of leased building space to another existing adult use. 2. An adult use shall not be located within 500 feet measured in a straight line from the building or edge of leased building space to the property line of any R-1, R-2, R-3, R-4, R-5, M-l, M-2 or property in a Planned Unit Development which is or projected to be residential. 3. An adult use shall not be located within 1,000 feet measured in a straight line from the buildings to the property line of any existing school, place of worship, hospitals, libraries, day care facilities or park land. .I 4. An adult use shall not sell or dispense non-intoxicating or intoxicating liquors. ) 5. No adult use establishment shall engage in any activity or conduct or permit any other person to engage in any activity or conduct in or about the adult use establishment which is prohibited by any ordinance of the City of Andover, the laws of the State of Minnesota or the United States of America. Ordinance ~J SECTION 4. Nothing in this ordinance shall be construed as authorizing or permitting conduct which is prohibited or regulated by other statutes or ordinances, including but not limited to statutes or ordinances prohibiting the exhibition, sale or distribution of obscene material generally, or the exhibition, sale or distribution of specified materials to minors. 6 . No adult use shall be conducted in any manner that permits the observation from any property not approved as an adult use of any materials depicting, describing or relating to "Specified Sexual Activities" or "Specified Anatomical Areas" by any visual or auditory media, including display, decoration, sign, show window, sound transmission or other means. 7. All adult uses shall prominently display a sign at the entrance and located within two feet of the door-opening device of the adult use establishment or section of the establishment devoted to adult books or materials which states: "This business sells or displays material containing adult themes. No One Under 18 Allowed." Said sign shall have letters at least 3/8" in height and no more than 2" in height. 8. No person under the age of 18 shall be permitted on the premises of an adult use establishment or be permitted access to material displayed or offered for sale or rent by an adult use establishment. PENALTIES Any person, firm or corporation violating any portion of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as defined by State law.. SECTION 5. EFFECTIVE DATE This ordinance shall take effect and be in force upon its passage and publication as required by law. Adopted by the City Council of the City of Andover this of , 1990. th day ATTEST ,j CITY OF ANDOVER James E. Elling, Mayor _ Victoria volk, City Clerk o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION June 19, 1990 ITEM NO. Approve Bond Sale DATE ORIGINATING DEPARTMENT Finance Howard Koolick ~ Finance Director 8" BY: ~~t~1 r BY: '/~ !/ AGENDA SECTION NQ Discussion Items REQUEST The Andover city Council is requested to approve the sale of $2,500,000 General Obligation Temporary Improvement Bonds Series 1990A. BACKGROUND At the May 15, 1990 meeting, the City Council approved a resolution authorizing the issuance and sale of $2,500,000 worth of bonds to finance the remaining portion of the 1987 temporary bonds. The date set for the sale was June 19th. The City Attorney will have the bids and resolution needed to award the sale available at the meeting. These changes have been made and are incorporated into the attached resolution. MOTION BY ~ TO COUNCIL ACTION SECOND BY ~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE June 19. lqqO - - AGENDA SECTION NO, Staff, Committee, Comm ORIGINATING DEPARTMENT Administration , , AP:P~RO.~FOR AGEN A BY. / ITEM NO. 9 Approve Temp. Liquor Licenses BY: Vicki Volk The City Council is requested to approve two temporary non- intoxicating liquor licenses for the Andover Lions Club. The first will be used during the Fire Department Open House on July 14, 1990 and the other will be used for the Andover City Celebration July 20 and 21, 1990. Attached are the two application forms and a copy of the liquor liability insurance for the Andover Lions Club. MOTION BY ~) TO COUNCIL ACTION SECOND BY '0 ~ '" ANDOVER, MINNESOTA COMBINATION APPLICATION FOR RETAILERS <ON-SALE) <OFF,SALEI NON,INTOXICATING MALT LlQUOB LICENSE: TAVERN LICENSE: BOTl'LE CLUB LICENSE; PUBLIC DRINKING PLACE LICENSE; COMBINA. TION LICENSE, :OI:&~I~'~";;1.;?~~.........,.. of the City Ol.j,~~~~/;~....,........,..... County 01 ,......,JI./J.!o.)(}t.,.,......,...,.,................... .......... herPh~ make application for Ihe lollowlng Iicense!s): (Otf.Sal~) (On.Sale) (Tavern) (Bottle Club((Public Dl"lnklng PI~ce..D (Combination), established pursuant to 8n Ordinance passed by the Andover City Council. / For the past five years my resIdence has been a5 tollows: ../~S'....?3....Xde'.I..s:.....SV;.....&t.J.'............................. ..,..,.,.....,.....,....,............,....,.. ,.,......,...,..."......,.. .". .."&R.J..-tAP(~~,....dJ6L.,,,2."$"ff-B,.........,.,.. ;"~~~.,=:~.,',::':',:,/.L'?.;~:,:,',.,!..~,:'::..,::,::',:,,"~;"::;;;~~'::e:;;;;;;,:::::::::'&..~::,::::::~:::::::~:::::~:,::::::::::::'::::::,: mont~"'" day T:;;~ City, Vllla,_ or Town ,...,.."#Vdll..:..............................,.......,......,..,........,..",,....., S.... I .m Ihe proprlelor of .....4N.;i:x:udf:-<....I...(!'.~..,..,.c?b.tCd.......,........,........,..........................,........,..,....,..,.....Ioo.,ed ., Ihe lollowlng .ddress ,/~Z:.'"i&.~.."etR.~s:.-$...~.J.m&.t!z2..r-..'d.-Y.~fl.td,g,..,.....d:t.&...,....,......, The firm was Incorporated ........._u_.Z..2'~u....__....._.........._..._.............__.. ............__......__.............. The names &nd address of the d.te owners are as follow: 4d,MQ..Ld1.~7n..d~~.. /~~-7.3.n)(I10...r.,..,$.z::.,&J.,..,O!?q&..4f/o >0s r.lt'~ / I agree. as part of this application, to furnish a list of all other persons, finm:. or corporations having an Interel!lt tn the licensed business. I will notify the City of Andoyer of any change in legal ownership or beneficial Interest In such business. I lUll ......../1!t?.L.. engaged In the retail sale of intoxicating JiCluor. I have ../lIO.Z:::...... had an application for lI<;'ense5 rejected previously. I have ..&f?.c..... been convicted of 8 felony nor of violating any National or state liquor law or local o.-dlnance relating to the mAnufacture, sale or transportation, or possession tor sale or transportation of Intoxl. eating lIquor. CambUng Or gambling devices wUl not be permUted on the Ucen'Sed premises. I have no Intention or agreement to transfer this Ucense to another person. I submit the toHowIng names at three persons, Inc1udln,Gt a bank. tor referen~. with whom I have had business relations. ~~z~~~:~~~~~~~~~~_~?::::= I have read the applicable ordinances and. have be<::ome famlllar with their content. I will comply strictly with all at their provisions. I do not own or have a direct or IndIrect Interest In any other licensed estabUshment provided lor In the ordinances. I aaree to walvf' my constitutional rlghtl!l aa:alnst .search and seizure and will freely permit pnce otl'lcen to Inspect my premises and agree to the lorlelture ot my! llcens.e It tound to have vtolated the provisions ot the ordinance providing for the grantlni of this license. / I hereby solemnly swear that the loreaolni statements Subscribed and sworn to before me this ...............n.......nnn.... day ot ,....................,.......,....................19...,.... ,J NO:t.;.y..P~.b.l.i.;..................... '0 ~ 01 ANDOVER, MINNESOTA COMBINATION APPLTCATION FOR RETAILERS (ON-SALE) (OFF-SALE) NON,INTOXICATING MALT UQUOR LTCENSE; TAVERN LTCENSE: BOTTLE CLUB LTCENSE: PUBLTC DRII'<'KING PLACE LTCENSE: COMllINA. TION LTCENSE. To II". Cil)' nf Aodo..., Cn",,,y of Aonk, J I.&A@.mE..,d1(1.?q),0uuu..uuuu.u,u: of the City 01 uuo..?",J.,~~(Q,J.:,..u........u....u..........,. County of .. u......~t.f:ff.......................n...._.........._.................h... herf!hy make appllcatlon tor the 1011o\ll1n( lIcense(s): (Otl'-Sale) (On.Sale) (Tavern) (Bottle Club) (Public Drinking Place) (Combination). established pursuant to an Ordinance passed by the Andov~r City Council. For the past five years my residence has been as follows: ./t?.-5':..1:.3..y;t.d:....r....::SZ':....&g/...................................... ..m..'..m"....'u........,...."..,..,..............,........t?~~..A?fc."~.zv7"'.60/.~,......~::-<:'..J.:3.".........,... I was born..~,:,~~~~,~:~~i~~u..,:~:..~~::...:::::t..::::-'::,d1!~::::O~ii~;;:~;':~;::~~~::::::::::::~:::::::::::..::::::::..: State :~:::'::::::~_t~~~:~:~~;:~~~:E::'~: f/72: datw owner~ as follow: LJ ,A/C'd4~.......E..dJ..c:.4<J~....g~s.... ,~..l'd,b.L,,J2("A!q!,..,4.>!.,J.,t.f?LC..2>";;,wJ I agree. as part 01 this application, to furnish a list of all other persons, ftnn.s, or corporations having an Interest In the licensed business. I will notify the City or Andover of any change In legal ownership or beneftc1a1 Interest in such business. I am .......M.L..._... engaged In the retail sale of Intoxicating liquor. I have ....IJ!P..L........... had an appl1catton for l1eenses rejected previously. I have ...;JbL....... been convtcted of a fetony nor 01 violating any National or state liquor law or local ordinance relating to the manufacture, sale or transportation, or possession tor sale or transportation of Intoxl. catIng liquor. Cambllng or gambling devices will not be permitted on the lIcemed premises. I have no intention or a~ment to transfer this Ucense to another person. I submIt the followtng names of three persons, Inc1udlnR a bank. for reference, with whom I have had business relations. 'u,6(&:<!K.~~..,..,.......,.............,....,...............,...,.,....,.,.........,..........,.............,...................,.....................,...,.......,........,........ ,.6A.s~/2...~.<,...,..;J.i.'f.s:.,~..&."Ld4.",dfl-2;/"..'~~I...'dJ~'..f.Ei;;?.t)t<...,....,",.., ,;11n'Yc> ..e...,..~.d.1,..,g4l.,v.d.,.....,....,......".....,..........,...,..,_...,.......,..,.........,...........'....,........,'..........,.........,.............,... I have read the applicable ordinances and, have become tamlllar with their content. I will comply strictly with all of their provisions. I do not own or have a direct or IndIrect Intereat in any other llcensed estabUshment provided tor In the ordinances. I ag~ to walvt" my constltutlonal rights aialnst search and seizure and will freely permit peace offlcera to inspect my premises and agree to the forfeiture of my, Ucen.5e It found to have vtolated the provisions of the ordinance providing for the granting ot this license. / , I hereby solemnly swear that the fOl"eiOing statements a~true d correct to the best of my knowledge, ..,~,-, Appllcant',511nature Su~scrlbed and sworn to before me thIs .................................. day ot "...,........,....,..........,........,.." 19..... , ) '- . ......... N ~i~;.yup.~.bil~. ! A4~nm.. CERTIFICATE OF INSURANCE ISSUE DATE (MMIOD/YY) 5-31-90 .' ldtrath & Associates, Inc. 'L99 Coon Rapids Blvd., Suite 110 Coon Rapids, MN 55433 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW PRODUCER COMPANIES AFFORDING COVERAGE f~T~~~NY ,A United States Fidelity and Guaranty Co. CODE sua-CODE I INSURED f~~~~NY 8 Andover Lions Club Pres. Richard McEwen 10533 Xavis St. NW Coon Rapids, MN 55433 f~T~~~NY C f~~~~NY D f~~~~NY E COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, CO LTR TYPE OF INSURANCE POLICY NUMBER GENERAL LIABILITY COMMERCIAL GENEHAL LIABILITY CLAIMS MADE OCCUR. OWNER'S & CONTRACTOR'S PROTo AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON.OWNED AUTOS GARAGE LIABILITY EXCESS LIABILITY OTHER THAN UMBRELLA FORM WOAKER'S COMPENSATION AND EMPLOYERS' LIABILITY OTHER LIQUOR LIABILITY LLC 12040967400 / DESCRIPTION OF OPERA lIONS/LoeA TIONSIVEHICLESfRESTAICTIONSfSPECIAL ITEMS Events: Fireman's Street Dance (July 14, 1990); City Celebration (July 21 & 22, 1990) JCity of Andover , City Hall . 1685 Crosstown Blvd. NW Andover, MN 55304 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL.lL DAYS WRITTEtl NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KI UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES, ~ACORD ~~':I':~~~TION ~9~l!,J CERTIFICATE HOLDER AC_O!l~,~~.S (3/88) .:J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION NO, staff, Committee, Comm DATE June 19, 1990 ORIGINATING DEPARTMENT Park Board /0. Park Dedication Fees/ Lot Spli ts BY: James E. Schrantz FOR ITEM NO. The Park Board has met and they recommend that the park dedication fee be left at 10%, with credit being given for the appraiser's fee. Jeff Keiffer, Park Board Chairman, will be at the meeting to discuss this item with Council. MOTION BY ~J TO COUNCIL ACTION SECOND BY (j CITY OF ANDOVER REQUEST FOR COUNCIL ACTION June 19, 1990 DATE ORIGINATING DEPARTMENT Planning ~~ BY: Jay Blak~ity Planner BY: AGENDA SECTION NQ Staff, Committee, ITEM NQ Povlitzki Lot Purchase If. REQUEST The Andover City Council is asked to review the request of Richard and Marlene Povlitzki to purchase two lots in the Andover Commercial Park. BACKGROUND The Povlitzki's currently own and operate a successful restaurant/night club in a neighboring community and hope to open a similar operation in Andover. They are proposing to construct a 150' by 60 foot building for night club dining. In addition, the plans include a banquet room for rental purposes. According to Ordinance 8, Section 7, a restaurant is an allowed use in the GB General Business district. The liquor license is allowed by a Special Use Permit. The two lots under consideration are Lots 3 and 4 of Block 1, Andover Commercial Park. See the enclosed map. Staff has been approached by two other business interests regarding these same lots - medical packaging firm from Bloomington and a warehouse/industrial rental building. These uses are also allowed in the GB zoning district. The proposed purchase price is $.50/square foot or $48,300 for both parcels. The City's current price is $.65/square foot or $62,790. The AEDC has, in the past, been concerned over the placement of a eating/drinking establishment in the Commercial Park. Prior to their review, Council may want to provide direction on the sale of the property. COUNCIL ACTION MOTION BY ~_) TO SECOND BY Page 2 Commercial Park Lot Sale . ~ June 19, 1990 , J COUNCIL OPTIONS 1. The City Council may refer the item to the Andover Economic Development for review and recommendation. 2. The City Council may agree to sell the property to the Povlitzki's and direct legal staff to prepare the appropriate purchase documents. 3. The City Council may choose to not sell the property to the Povlitzki's for the development of a restaurant/drinking establishment. ~) ~~ g"":! / r yO <J ~ 13<,dv ,If. 1 ;{ L/- '7 / / (j /Lvv7/ '7?{)' 3'7/~ U-o /~ ;".h-n tJA..-M--<-U 6{~ r!~ - d!~-u!.rv-e.u' cl ~ ~e .:tA.~ ~ ~ 0V ~ - / ~ J7A-c:() /A1 ~ -;J Jw-1 ' ctd- 3 d- 0( vJ:;- v- ~ ~ ~ ~~ i~ ~ 2i ~ . L~---1.' [ lot t-f 'K 13~cA t(Ar(..77,~ ~//h') ~;~()iH~r~ w-U:tc t~ ctA.c~ %' ~Lj1~ ~Ia.;;lo' _ J tv~ .J-,t.L;Q; ~ tv ~_~duo) {~ 0- ~rt~,;U1/'Vvv . :Me. ~. ;u A-<J ~'-t. ~o-cJ ~ 6, ~ ,1/d <ftJ I ~'?/ )Cfu-..-;-o.-b:; U-u-b J/;)4 I I ~1Z ~ A~r.~ c~..p &'0;( C, 0 II ~~;::;f~ ~~r .j1 I.~Q ~ ;6, ~J;fA~ ~ ~ ' ~ Wt~ ktp ~~X4-f /~.urJ J AJ~ /' () J M.J2 ;nj; uvj:- AUlhV ~ ~ p<-R- ~ w~/)UlLr!Lu-J;- ~~ /9~()- ..:M ~ t.hz<./ ~ /iu ~ (JLJo?!? rvfiff' //1 tuzb.~ 9nt:fLt:? / \~ ~~ Q:Cl ~~ ~~ Cl ).. 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" , .., I' " i~, I ' i I I \ ' 1 \ i I .1 ----r--n -/b, ';,.. ~.. "'\~~,;:. .., ,0'" '"~'.OQ,.D" '" J'-."U '_il,oD...,.. , , , . '. ; ii i ~ !' .. ~S. q .. .. . i; i i; !~:) ~ l~;; .l !:~:~~. ~g..'qq ~:~~H: '" ~- - ~ ~...... .",., . ;":nc; .. ~.. .. ~ ! .. ~: i:::: ~ . : : ~ .. ~ iH~:~~ ~ u. . ~. ~;;:..:;e - : ~ 0. G ~ : n ~ ~ 'I! .: I; ~a~i; lr~!i ~~ '!1 :1 ... ~: Il;!l ... . ~ . ...1... :~ ::!L m~m ; ~,!1: ~ ~i;;~~: :P\!;~ ::!r~~!!~ :: i~ ~ i! : : ~ i i :. ~ ~ .. ... .. . . ~~l~~:i ... ~ I: ~ . ~ .. .. : 1'1 ~~ n n ~1'II'lC:J. '~~':;$:r ~ MilS ~Nl A ~/1_ .1Nl .;10 3N111sr.1____ ~ - \fl -~ ~ -~ ~ ~ ~ -~ ~ < 'S ~ -~ ~ " a . ~ a , } -_/ , " ~~ 8~ ~~ ", <, I , \ ~ . :i i ~ . " ~ , . ~ ~ ~ . ~ . " . ~ ~ . ~ ~ ~ il ;" ~ ! I I --......1. .- -D<1rm- , , ~ :~ ~:~ . ~: ....' I ,~o~.. I ~.'."' \ .::---_!!....- .'."'" .I3JU.LS. '.II.".tJ" .~j.. ,~~~,,,\ J (' I,', i'~~~;. ..:.. ;~:.> ~ ~:i ~ ..., ~ :: " , L_u_~oo...! _ r.",,- ,_,1......,-" I .,. - ':_;:~.".. I ........;;' , l" ~~~ .,. , N~~ ~J'II'lC'I'~r"JS;;;;'''SJHI J1I).....,_ JHI c/O J..IlISJ.../ (Pi '0// O':i.;U . (.L\i'\.)~}.) ;\,;'OH.;:'\ <.i ~;l: ;::~ ~~ ~~ ~'S! <ll~ ~'" ~~ .... II I( I~ [1 . ,.' t!; ~~~ .:'r 1 ;...~ ~a~ .! ~..." ~~; ::::\1:('" ~..~ ~ 'ii !t'l~~ t;,':o..lt : ~ o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE T"~Q 19. l!1!1Q /.:3 . BY: James E. Schrantz APPROVED FOR AGEtl' l\ BY: ) rjJ / AGENDA SECTION NQ Staff, Committee, Comm ORIGINATING DEPARTMENT Administration ITEM Approve Union Contract NO. The City Council is requested to approve the union contract as presented. The negotiated plan is on a separate sheet attached for the Council only. The Anoka County Summer Youth Program that we have worked with for years sends out letters to all union-represented communities so the union can approve the city working with the program. The union representing Andover Public Works employees (Minnesota Teamsters Public & Law Enforcement Emplyees Union, Local No. 320) will not give their approve to the Summer Youth Program. COUNCIL ACTION MOTION BY "J TO SECOND BY ~~) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE .Tunp 1 q 1 qqn AGENDA SECTION NO. Staff, Committee, Comm ORIGINATING DEPARTMENT Building APPROVED FOR AGENDA ITEM Carpet Replacement NO. 14. BY: Dave Almgren BY: The existing carpet in the front office, hallway and kitchen has a separation between the backing and the weave and cannot be repaired. The carpet will have to be replaced because of safety factors. This has been addressed at our safety meetings for a year (see attached minutes). The carpet quote is for the same carpet as in the Council room and the addition. To make it uniform, the hallway, front office and kitchen carpet should be replaced. Quotes are as follows: Supreme Floors Homecraft Interiors $1,246.13 1,344.00 Both quotes include removal of the existing carpet. Also attached is a copy of the quote for the carpet in the addition. COUNCIL ACTION MOTION BY ',-) TO SECOND BY ,''I "~) CITY of AND.VER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 SAFETY COMMITTEE MEETING - MINUTES - JANUARY 17, 1989 The Andover safety Committee Meeting was called to order by Frank stone, Coordinator, at 9:10 A.M., Tuesday, January 17, 1989 at the Andover City Hall, 1685 Crosstown Boulevard N.W., Andover, MN. COMMITTEE PRESENT: Dale Mashuga, Wayne patchen COMMITTEE ABSENT: David Almgren - Personal Time Deputy Albertson - Was on a Police Call Bob Peach - Unknown reason for absent. ~ ~( \A ~~ \~~ * \ Dale Mashuga will be working on getting first aid kits for City Hall, Public Works and the Andover Senior Citizen Center. Dale will also be the Safety Inspector for the year of 1989. Anything that the committee wants inspected, he will be the one to inspect it and then report back to the committee. He will be inspecting all the City vehicles to make sure the proper equipment (fire extinguishers, first aid kits, etc.) are in each vehicle, and that all the alarms are working correctly on them. The committee would like the carpet in the City Hall east hallway where is it taped at this time, repaired or replaced. v Frank wants a note sent to Jay Blake and Todd Haas that when they have to shovel the sidewalks, the Senior Citizen Center sidewalks need to also be done. But it is the responsibility of the Public Works employees to make sure that the sidewalks at City Hall are shoveled by the ,time City Hall opens. All the garage doors should have safety switch on them. We are V checking to make sure that the Sheriff's garage door has this also. The hoses at Public works must be maintained better by keeping V them up off of the floor and out of the way of others. Due to the new OSHA regulations on confined entry, the safest and L most efficient entry is with a jet vac haul unit. People will not have to enter manholes to;clean. .I All new sewer lines should be televised instead of sending people ~' down to do visual inspections. _ ,The deputy would like all City employees who have to drive City C/ vehicles to take a defensive driving course every three years. ._) Frank needs to order "No Swimming" signs for Crooked Lake and V Round Lake boat landings. ~~ ,-) SUPREt1E FLOORS 1630 N. E. l-hAly.10 Spring Lake Park, MN. 55432 786-5845 I j;.:/ /?::J 'P ,. / Floorcavering Price Quotation for: And(]ver i:ity i~all t685 Cr-asstown Blvd~ .. . - .. ~~~t~i'~].=n: Dave Hlfngr"en i -.~! ~ i:J I' '"3<:1. 'y'd'3. Ptliladel~J~1id i:arpets 50962 ..", ., ~ , -:,~ "-, ~ -,- ..." , , ~. "~'.l._'.:" ,~. .;:.,..,. ... (3 r- l:? Y ;::~ ::l~ ~~ .4 " CO / '3 C1 . \f d" -t". 0 t a.:i. i n q :LtL.:1_t~_~...:~~_ 79~67 SO~ ydsn car!Je"t installatic;l i~(:1{~d2(:jd 79.. 67' '/ds.. t. .2. kif.::: L.l. p :;)""l" \/1]. .:::Dt.;;,l i ~g $118. 5Q, 9 "t:t" IHI:.:::.t,:'ti. ::::~ ~t 1. .. ..,~S /; c. TOTAL- $1,246.13 .;J. r~ c: c:l i s \:~ C :;;: ::).1. ~_-:' -t '.:}~. i.] t.:: ,:':~ ;." :":) (3 'C . __._ - n- O' ,...,.,. '._...:....."......' :,_.(1 .~:..f- . . ... .. i.-. Q 'i: .::;\.~ ;. ~! ':.0 ::r~1:,J_,_::;:'d id :s 1 .. ~::i~)./ ~: .:::" * * The above total does not include moving of any furniture. ;I .... ..,-/ L::J .~~. ,'U..;J - - '1/"_-" '~ V ,c i: ,..-, ..,} ~ -- ,-.;:: ,'.... ~ - /.' -.. . '-"'/- " .'-..... . / " ~ ,./c /.;~"'..:' F ~/ .,'/ .}- ... //-~ . l,.....' I /3 - Jroponul Page No, of Pages " o HOMECRAFT INTERIORS _ ' 1806 Northdale Blvd. COON RAPIDS, MINNESOTA 55433 Phone 757-4388 P1)s~ ~ (dV JOB NAME JOB lOCATION DATE Of PLANS JOB PHONE ~/J~ rreQ ~-f- ~ ~ ~pbI Ct- P rfF t-Ufui IJ/~~U() fUI/~ A)r>.. ~ ),j <i11 ~! .krr-P&ru- 7(P yj)' r?'lt~~ =-~/ ,;2./4-. / ~ I. }JeI) A-;~c-j./:l ?yc!s @/&,,~ I)-?; ~ --:pr- / ~ if L/ d-- I lift' JrupU.6t' hereby to furnish material and labor - complete in accordance with above specifications. for the sum of: Payment to be made as follows: dollars ($ /;;..1 b- rriJ ) , All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifica- tions involving extra costs will be executed only upon written orders, and will become an extra'charge over and above the estimate. All agreements contingent upon strikes. accidents or delays beyond our control. Owner to carry fire. tornado and other ne<:essary insurance. Our workel1i are fully covered by Workmen's Compensation Insurance. \ ../ 1\rrrptuttrr of Jropo1iul- The above prices. speCifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Authorized Signature Note: This proposal may be withdrawn by us if not accepted within , days. Date of Acceptance: Signature FORM 116.J COPYRIGHT 19150 - Avallatl,,! 'rom ~/lnc.. Groton. Mass 01471 ') ''-. / :::o..~;:":( '. ~.., :-::,:::F.Y:~ r. '..:'~ . ... ..- "',.,'.-,'.'-.1' o'. ...:.-.... ~1tf;. "':'?-j - ..... ~ .'1\. "-' .- - -' ':'"..... . '. 7.. . ," ~ - ~ -.-..-4..-:-__.., . ...~. .. ....-. "'.' -. f., ,.,.,,:\.' :~,'::d ~ ~~.- .:.:::t: .:",_.- . '." ,- ~ ...... .~. ---::.:. . . . ~~~.:~.:.~' '- '-'''':." 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W III c: 0 U... al'" .... :l ..c.... p..U .... c: ,,'" ..,""" ell .... .... .... 0 III .... &f'\ .... ..eN " "'" '" & .'.~,,,. ...w....-..........;.. .,....., e"- .-.... .~......~ ", . zl ~ t i t;;;'L~"r Ir~~1:n~~} ~ .J,. ,- . ; 1~, .,,' , 'l~t~~(,:' :~. :' - :-,-~ . . ~- ". ~ .."" '<..:.... ,':, ~f:;'~' ::..:~~~~ ~"- . . ,hSfl(<': -r i."~" . , ~ ,.-;J:~-' :j ~,::~O';';-' " "J" . k~0;:~~ 'J:,.: ;-::~f:'.:,'--:,:; .. f(<>i';:.: "::):: .'.'~,~ '~-;j .~_-,..,;,-... ....-. . :,~:-~:/:~i",~; \.>::: i . Jr:;~i~r:::;~\~ J;~~~~~~S~~'~ . l:~:~~~fiF~~~~"E:. V~~~~~::~~~, ~::, : ." *~~O'~;;-'" '1~i;;i;:.;:~~ .. ".;.:.:':..~:--~...:;.o~~ _ -] ~::., ,,';; :,: ".. J 1'.':' '~~- ...~': Y'. , '\ \...j CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE June 19, 1990 ITEM Accept Resignation/City NO. Planner /5. BY: James E. Schrantz APPROVEll' FOR AGENfV' y ((1--..,-.1- ,/ BY:P l AGENDA SECTION . NO. Staff, Comrnlttee, Comrn. ORIGINATING DEPARTMENT Adrninistration/Eng. The City Council is requested to accept Jay Blake's resignation which is effective June 23, 1990. Jay has accepted a position as planner for the City of Minnetrista. Minnetrista is on the northwest corner of Lake Minnetonka. We wish him well in his new position. MOTION BY ,_) TO COUNCIL ACTION SECOND BY '0 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION May 15, 1990 ITEM NO. ~ Joint Powers Agreement DATE ORIGINATING DEPARTMENT Recycling Cindy DeRuyter, Recycli g Coordinator BY: AGENDA SECTION NQ Staff Items APPROVED FOR AGENDA BY: REQUEST The Andover City Council is asked to review and approve the Joint Powers Agreement between the City of Andover and Anoka County for 1990. ~ MOTION BY TO COUNCIL ACTION SECOND BY :~ JOINT POWERS AGREEMENT THIS AGREEMENT made and entered into on April 24, 1990, notwithstanding the date of the signatures of the parties, between the COUNTY OF ANOKA, State of Minnesota, hereinafter referred to as the "COUNTY", and the CITY OF ANDOVER, hereinafter referred to as the "MUNICIPALITY", WITNESSETH: WHEREAS, the County imposes a fee of $2.62 per cubic yard at all mixed municipal waste landfills located within its borders pursuant to Minn. Stat. Section 115A.919 and allocates a portion of said fee and a portion of the service fee imposed at the Elk River Resource Recovery Facility to fund local landfill abatement activities; and WHEREAS, Anoka County has applied for and expects to receive Metropolitan Council funds allocated to Anoka County pursuant to Minn, Stat. 9 473.8441, Subd. 5 (c), to be distributed using a performance based funding formula for local recycling and composting programs; and WHEREAS, the County wishes to assist the Municipality in meeting recycling goals set forth in the Anoka County Solid Waste Master Plan; and WHEREAS, the parties are authorized and empowered to enter into this Agreement pursuant to Minn. Stat. Sections 471,59 and 473.811, Subd. 7, NOW, THEREFORE, in consideration of the mutual covenants and promises contained in this Agreement, the parties mutually agree to the following terms and conditions: 1. PURPOSE. The purpose of this Agreement is to provide for cooperation between the County and the Municipality to implement recycling and yard waste composting programs in the Municipality, 2. TERM. The term of this Agreement is from January 1, 1990 through December 31, 1990, unless earlier terminated as provided herein. 3. PROGRAM. The Municipality shall perform landfill abatement activities substantially as set forth in the landfill abatement work plans attached as Exhibit 1, which are made a part of this Agreement. The Anoka County Administrator or his designee shall have the authority to approve modifications to Exhibit 1 as requested by the Municipality as long as the amount payable under this Agreement for eligible activities set forth in Exhibit 1 does not exceed the project maximum established "pursuant to Section 6 of this Agreement. 4. REPORTING. The Municipality/ shall submit the following reports semiannually to the County no later than July 20, 1990 and January 20, 1991: ~J A. An accounting of the amount of waste which has been diverted from landfills as a result of the Municipality's activities and the efforts of other community programs, redemption centers and drop-off centers. For community yard waste programs, an estimate shall be provided of the number of cubic yards or tons of yard waste brought to a composting site, together with a description of the methodology used for calculations. For recycling programs, documentation shall be provided showing the number of tons of f.:). ~ o each recyclable material which has been collected and the number of tons of each recyclable material which has been marketed. For recycling programs run by other persons or entities, the Municipality shall also provide documentation showing that the materials were recycled by the Municipality's residents, B. Information regarding any revenue received from sources other than the County for landfill abatement activities set forth in Exhibit 1. The Municipality agrees to furnish the County with additional reports in form and at frequencies requested by the County for financial evaluation, program management purposes, and reporting to the Metropolitan Council. . 5. BILLING AND PAYMENT PROCEDURE. The Municipality shall submit itemized invoices to the County for abatement activities no later than January 20, 1991. Costs not billed by January 20, 1991 will not be eligible for funding. The invoices shall be paid in accordance with standard County procedures, subject to the approval of the Anoka County Board of Commissioners. 6. ELIGIBILITY FOR FUNDS. The Municipality is entitled to receive reimbursement for eligible expenses, less revenues or other reimbursement received, for activities listed in Exhibit 1 up to the project maximum as computed below, which shall not exceed $44,630.00, The actual project maximum for eligible expenses listed in Exhibit 1 shall be computed as follows: A. A base amount of $4,000.00 for implementation of a residential recycling program as set forth in Exhibit 1; B. Up to $12,520.00 at the rate of $40,00 per ton of residential materials recycled between January 1, 1990 and December 31, 1990, by the Municipality or other community programs, drop-off centers or redemption centers to the extent that the Municipality provides documentation acceptable to the County that the recycled materials were recycled by residents of the Municipality; and C. Supplemental monies as follows: · A $5 per household grant of up to $20,860,00 for enhancement or promotion of a residential recycling program set forth in Exhibit 1. · Up to $5,000.00 for a drop-off center grant for recyclables. · Up to $2,250.00 for yard waste abatement activities. The Municipality may request, and the Anoka County Administrator or his designee may approve in his or her discretion, changes in the line items set forth in said budget so long as the project maximum computed as set forth in this S~ction 6 is not exceeded, If landfill surcharge monies, Metropolitan Council Grant monies, and other monies collected by the County and allocated to cities and townships for local landfill abatement activities are inadequate to meet the County's allocation to the Municipality under this Agreement, the County may reduce the maximum amount reimbursable under this Agreement after giving written notice to the Municipality. :.J 7. RECORDS. The Municipality shall maintain financial and other records and accounts in accordance with requirements of the county and the State of Minnesota. In accordance with Minn. - 2 - 0) ~-J Stat. ~ 471.59, Subd. 3, the Municipality shall maintain strict accountability of all funds and maintain records of all receipts and disbursements. Such records and accounts shall be maintained in a form which will permit the tracing of funds and program income to final expenditure. The Municipality shall maintain records sufficient to reflect that all funds received under this Agreement were expended in accordance with Minn. Stat. ~ 115A.919 and Minn. Stat. ~ 473.8441 for recycling/yard waste composting/waste reduction landfill abatement purposes. The Municipality shall also maintain records of the quantities of materials recycled or composted. All records and accounts shall be retained as provided by law, but in no event for a period of less than three years from the last receipt of payment from the County pursuant to this Agreement. 8. AUDIT. Pursuant to Minn. Stat. ~ 16B.06, Subd. 4, the Municipality shall allow the County or other persons or agencies authorized by the County, Metropolitan Council and the State of Minnesota, including the Legislative Auditor or the State Auditor, access to the records of the Municipality at reasonable hours, including all books, records, documents, and accounting procedures and practices of the Municipality relevant to the subject matter of the Agreement, for purposes of audit. In addition, the County shall have access to the project site(s), if any, at reasonable hours. 9. GENERAL PROVISIONS A. In performing the provisions of this Agreement, both parties agree to comply with all applicable federal, state or local laws, ordinances, rules, regulations or standards established by any agency or special governmental unit which are now or hereafter promulgated insofar as they relate to performance of the provisions of this Agreement. In addition, the Municipality shall comply with all applicable requirements of the Metropolitan Council for the use of funds provided to the Municipality by the County under this Agreement. B. No person shall illegally, on the grounds of race, creed, color, religion, sex, marital status, public assistance status, sexual preference, handicap, age or national origin, be excluded from full employment rights in, participation in, be denied the benefits of, or be ,otherwise subjected to unlawful discrimination under any program, service or activity hereunder. The Municipality agrees to take affirmative action so that applicants and employees are treated equally with respect to the following: employment, upgrading, demotion, transfer, recruitment, layoff, termination, selection for training, rates of pay, and other forms of compensation. The Municipality further agrees to take affirmative action to include the participation of women and minority business enterprises (W/MBE) in the performance of this Agreement, wherever possible. The Municipality agrees to obtain a Metropolitan Council list of W/MBE's and to make a good faith effort to include participate by W/MBE's and to make a good faith effort to include participation by W/MBE's for any contract to be let in performing the activities contemplated by this Agreement. C. The Municipality shall be responsible for the performance of all subcontracts and shall ensure that the subcontractors perform fully the terms of the subcontract. The Agreement between the Municipality and a subcontractor shall obligate the subcontractor to comply fully with the terms of this Agreement. D. The Municipality agrees that the Municipality's employees and subcontractor's employees who fall within any job classification established and published by the Minnesota -, -.j - 3 - tS\ "-Y o Department of Labor & Industry shall be paid, at a minimum, the prevailing wages rates as certified by said Department. Each Municipality and subcontractor performing work on a public project shall post on the project the applicable prevailing wage rates and hourly basic rates of pay for the County or area within which the project is being performed, including the effective date of any changes thereof, in at least one conspicuous place for the information of the employees working on the project. The information so posted shall include a breakdown of contributions for health and welfare benefits, vacation benefits, pension benefits and any other economic benefit required to be paid. E. It is understood and agreed that the entire Agreement is contained herein and that this Agreement supersedes all oral and written agreements and negotiations between the parties relating to the subject matter hereof. F. Any amendments, alterations, variations, modifications, or waivers of this Agreement shall be valid only when they have been reduced to writing, duly signed by the parties. G. Contracts let and purchases made under this Agreement shall be made by the Municipality in conformance with all applicable laws, rules, and regulations. H. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause or phrase of this Agreement is for any reason held to be contrary to law, such decision shall not affect the remaining portion of this Agreement. 10. PUBLICATION. The Municipality shall acknowledge the financial assistance of the County and the Metropolitan Council on all promotional materials, reports and publications relating to the activities described in Exhibit 1. 11. INDEMNIFICATION. The County agrees to indemnify, defend, and hold the Municipality harmless from all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, resulting from the acts or omissions of its public officials, officers, agents, employees, and contractors relating to activities performed by the County under this Agreement. The Municipality agrees to indemnify, defend, and hold the County harmless from all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, resulting from the acts or omissions of its public officials, officers, agents, employees, and contractors relating to activities performed by the Municipality under this Agreement. The provisions of this subdivision shall survive the termination or expiration of the term of this Agreement. 12, TERMINATION. This Agreemel,'lt may be terminated by mutual written agreement of the parties or by either party, with or without cause, by giving not less than seven (7) days written notice, delivered by mail or in person to the other party, specifying the date of termination. If this Agreement is terminated, assets acquired in whole or in part with funds provided under this Agreement shall be 'the property of the Municipality so long as said assets are used by the Municipality for the purpose of a landfill abatement program approved by the County. \ ,~ - 4 - 1\:\ \;Y , -'I IN WITNESS WHEREOF, the parties hereunto set their hands as of the dates written below: " ) ,~ COUNTY OF ANOKA CITY OF ANDOVER ~: ~ Dan Erhart, Chairman Anoka County Board of Commissioners Name: Date: Title: Date: ATTEST: John "Jay" Mclinden County Administrator Municipality's Clerk Date: Date: Approved as to form and legality: Approved as to form and legality: Assistant County Attorney " , ~ - 5 - f-:). 'CJ (~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION June 19, 1990 ITEM Approve Res. NO. Jay St. Auto Dealers /1 DATE ORIGINATING DEPARTMENT Planning ~ BY: Jay Blak:lr City Planner AGENDA SECTION NQ Non-Discussion Item APPROVED FOR AGENDA BY: REQUEST The Andover City Council is asked to review and approve the enclosed resolution for the Jay Street Auto Dealers Special Use Pe rmi t. COUNCIL ACTION -J MOTION BY TO SECOND BY o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 68-90 A RESOLUTION DENYING THE GRANTING OF A SPECIAL USE PERMIT REQUESTED BY ANDOVER AUTO PARTS, COMMERCIAL AUTO PARTS AND WILBER AUTO PARTS TO ERECT AN ADVERTISING SIGN ON THE PROPERTY LOCATED AT 13678 NW JAY STREET (PIN 34-32-24-42-0003). WHEREAS, Andover Auto Parts, Commercial Auto Parts and Wilber Auto Parts (a/k/a Jay Street Auto Dealers) have requested a Special Use Permit to erect an Advertising Sign on the property location 13678 NW Jay Street; and WHEREAS, The Planning & zoning Commission has reviewed the request and has determined that said request does not meet the criteria of Ordinance No.8, Section 4.03, which restricts the intensification of a lawfully existing non-conforming use; and WHEREAS, a public hearing was held and there was no public input received; and WHEREAS, the City Council has reviewed the request; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby agrees with the recommendation of the Planning Commission and hereby denies the Special Use Permit request of Andover Auto Parts, Commercial Auto Parts and Wilber Auto Parts to erect an Advertising Sign on the property located at 13678 NW Jay Street. Adopted by the City Council of the City of Andover this 5th day of June 1990. CITY OF ANDOVER ATTEST: James E. Elling, Mayor I victorla Volk, City Clerk ~) u CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE June 19, 1990 ITEM Approve Plans & Specs/ NO. / g 90/6 BY: ,li'lmp!,: '" c:,.,h,.".....- :~ FOR AGENDA SECTION NO. Non-Discussion Items ORIGINATING DEPARTMENT Engineering The City Council is requested to approve the resolution approving the Plans and Specifications and ordering the ad for bids for Project 90-6, Lot 1, Watt's Garden Acres. The plan provides water and sewer service for Phases 1 and 2 with Phase 2 being bid as alternate. MOTION BY \ .J TO COUNCIL ACTION SECOND BY ~ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilman to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 90-6, LOT 1 WATTS GARDEN ACRES FOR WATER AND SANITARY SEWER CONSTRUCTION. WHEREAS, pursuant to Resolution No. 066-90, adopted by the City Council on the 5th day of June, 1990, TKDA has prepared final plans and specifications for Project 90-6 for Water and Sanitary Sewer construction; and WHEREAS, such final plans and specifications were presented to the City Council for their review on the 19th day of June, 1989. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the Final Plans and Specifications . BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 AM, Thursday, July 12, 1990 at the Andover City Hall. MOTION seconded by Councilman by the City Council at a Meeting this and adopted day of , 19 , with Councilmen voting in favor of the resolution and Councilmen voting against same whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: James E. Elling - Mayor Victoria Volk - City Clerk ~)