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CC - August 20, 2013
1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV Regular City Council Meeting — Tuesday, August 20, 2013 Call to Order — 7:00 p.m. Pledge of Allegiance Resident Forum Badge Presentation — Fire Department Agenda Approval 1. Approval of Minutes (7/23/13 Workshop; 8/5/13 Regular; 8/5/13 Closed) Consent Items 2. Approve Payment of Claims — Finance 3. Call for Public Hearing on the proposed Modification to the Development Program for Development District No. 1 and the proposed Establishment of Tax Increment Financing District 1 -6 - Planning 4. Approve Purchase Agreement — 3200 South Coon Creek Drive (PID#29- 32 -24 -44 -0022) - Administration 5. Declare Surplus Equipment — Finance 6. Approve Contract for School Liaison/Anoka Hennepin School District #11 - Administration Discussion Items 7. Anoka County Sheriff's Department Monthly Report — Sheriff 8. Public Hearing: Vacation of Easement — 14182 Uplander Street NW — Jorian Stein - Planning 9. Approve Conditional Use Permit Amendment — Extension of Subordinate Classroom Structures — 16045 Nightingale Street NW- Andover Christian Church — Planning 10. Approve Conditional Use Permit — Single Station Beauty Salon — 1640 155t" Lane NW — Planning 11. Approve Variance — 1511 Juniper Street NW — Side Yard Setback — Benjamin Rono — Planning 12. Approve Variance — 15873 Linnet Street NW — 3 Year Lot Split Requirement — Scott Allen — Planning 13. Approve Amendment to the City Code Regarding Fines — City Attorney Staff Items 14. Schedule September EDA Meeting -Administration 15. Schedule September Council Workshop - Administration 16. Administrator's Report — Administration Mayor /Council Input Closed Session: Property Negotiations — PID#'s 22- 32 -24 -42 -0001 & 22- 32 -24 -42 -0001 Public Works Union Negotiations Update Adjournment AWW9 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.0 LAN DOVER. MN. US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administr, FROM: Dan Winkel, Fire Chief J.64 SUBJECT: New Firefighter Badge Presentations DATE: August 20, 2013 INTRODUCTION The fire department is here to present to the Mayor and City Council the newest firefighters who have completed their minimum requirements for the first year as an Andover firefighter. All of the new firefighters have performed above the expectations for new members as they have completed the training and required attendance for fire department incidents. DISCUSSION The newest members include: Steve Bohmert — assigned to Station #3. Firefighter Bohmert came to the Andover F.D. with many years of experience on the Mahtomedi fire department. Firefighter Bohmert and his family live in the 1100 block of 162 Lane. Steve Curry — assigned to Station 91. Firefighter Curry has recently completed all of his required training and State Certification testing. Firefighter Curry lives in the 13400 block of Arrowhead Street. Firefighter Curry was part of the first class of firefighters who attended the newly formed Anoka County Fire Academy. Kortnie Crayford — assigned to Station #3. Firefighter Crayford is a full time Paramedic with Allina Medical and has also recently completed all of her required firefighter training. Firefighter Crayford and her family live in the 600 block of 142nd Avenue. Tiffany Engstrom — assigned to Station #1. Firefighter Engstrom has completed all of her required training and was in the first class of the Anoka County Fire Academy that was formed just over one year ago. Firefighter Engstrom and her family live in the 14200 block of Crane Street. Kirby Kropp — assigned to Station #2. Firefighter Kropp came to the Andover F. D. having completed some of his basic firefighter training in Wisconsin. Firefighter Kropp needs to complete his Firefighter II training and is working to get that completed as soon as possible. Firefighter Kropp lives in the 4700 block of 147th Lane. Jean Olson — assigned to Station #1. Firefighter Olson has worked very hard to complete not only all of her firefighter training but also her EMT training. Firefighter Olson works in the Real Estate business and wants to work more in the EMS field using her EMT training. Firefighter Olson lives in the 13500 block of Partridge Circle. Firefighter Olson was also part of the first class for the Anoka County Fire Academy. Nathan Renk — assigned to Station #2. Firefighter Renk came to the Andover F.D. having completed his Red Card training for wildfires. Firefighter Renk works part time for the Minnesota DNR during the spring and fall wildfire seasons. Firefighter Renk has also completed all of the required firefighter and EMS training. Firefighter Renk and his family live in the 15800 block of Makah Street. Firefighter Renk also attended the first Anoka County Fire Academy class. Paul Wills — assigned to Station #1. Firefighter Wills came to the Andover fire department having served many years with the Loretto fire department. Firefighter Wills continues to learn the Andover operations and guidelines and has been a great addition to station #1. Firefighter Wills lives in the 1800 block of Andover Blvd. BUDGET IMPACT The costs for all of the required training and classes taken by our newest firefighters were included in the 2013 fire department operating budget. RECOMMENDATION The fire department is requesting that the Mayor and City Council acknowledge the newest firefighters who have completed the required training and attendance requirements for the fire department. The Mayor is respectively asked to assist with the badge presentations for the new Andover Firefighters. Respectfully submitted, Dan Winkel, Fire Chief ANLb 6 W 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: Mayor and City Council ±, CC: Jim Dickinson, City Administratorh� :t FROM: Michelle Hartner, Deputy City Clerk SUBJECT: Approval of Minutes DATE: August 20, 2013 INTRODUCTION The following minutes were provided by Timesaver, reviewed by Administration and submitted for City Council approval: July 23, 2013 Workshop August 5, 2013 Regular August 5, 2013 Closed DISCUSSION The minutes are attached for your review. ACTION REQUIRED The City Council is requested to approve the above minutes. (Respectfully submitted, � Michelle Hartner Deputy City Clerk Attach: Minutes 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 ANDOVER CITY COUNCIL WORKSHOP MEETING —JULY 23, 2013 MINUTES The Workshop Meeting of the Andover City Council was c Gamache, July 23, 2013, 6:05 p.m., at the Andover City Hall,-,,] Andover, Minnesota. Councilmembers present: Mike Knight, Sheri Bukkila, Julie' Councilmember absent: None Also present: City Administrator, Jim Dickinson Public Works Director /City Engine City Attorney, Scott-BA uragartner Motion by Trude, Seconded by Approving Appointment of Fire A APPROVE Mr. Dicl the Fire Motion Fire Ad PRESENT. Mr. Dickinson Council. to amend the to order by Mayor Mike Crosstown Boulevard NW, and Tony Howard to include the addition of xried unanimously. ecent retirement of Jane Peterson, Administrative Assistant, ion of _Administrative Assistant available. The Human the interview and selection process to fill this position. rove the appointment of Nanci Libor as the new unanimously. 2014 ANOKA CO UNTY SHERIFFS CONTRACT Stuart and Commander Halweg who made a presentation to the Sheriff Stuart stated they are proposing an increase of staffing for Andover. The increases incorporated into the contract proposal are real life PERA and salary increases which were the first in three years. Mr. Dickinson stated regarding health insurance, there was an increase there but that goes back to the last contract. Commander Halweg stated there are always at least two deputies on duty at all hours of the day in Andover. He stated the LSO's patrol the parks in the City during the day and evening. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Andover City Council Workshop Meeting Minutes — July 23, 2013 Page 2 Councilmember Trude asked how long the shifts are. Commander Halweg stated the deputies are working twelve hour days. The deputies have every other weekend off including Fridays along with two consecutive days off during the week. Sheriff Stuart stated by having twelve hour shifts they have reduced their overtime expenses and the Sheriff likes this schedule because it gives them more consecutive time off to spend with their families. He noted they are able to save hundreds of thousands of dollars by better scheduling. Councilmember Trude asked how the day is broken up for the deputies. Commander Halweg stated the deputies are encouraged to get out of their vehicles and make contact with people in the community during their shift so they are not driving twelve hours straight. Councilmember Trude encouraged the Sheriff's Department to make the deputies known throughout the community because that really helps people to feel safe and seems to cut down on crime. Mayor Gamache asked if the Sheriff's Department gets updated to changes within the school system. Sheriff Stuart stated they do and continually go to school district meetings and participate with the school district staff. Mayor Gamache asked if the Sheriff's Department has a good relationship and communication with Andover businesses. Sheriff Stuart stated some businesses encourage a relationship, but some do not. Councilmember Knight stated in regard to the Community Center, the Community Center Advisory Commission would like to have a Deputy frequently go into the center to meet and greet the kids and make a presence there particularly after school. Councilmember Bukkila thought as far as the Community Center and YMCA, it would be a good idea to install cameras in the parking lot which would be a deterrent or apprehension tool. She wondered if this was something the Sheriff's Department would think of as being valuable. Commander Halweg stated cameras would be great for a deterrent. Councilmember Bukkila stated she got an email from the Community Center for a class on self - defense for women and wondered if the Sheriff's Department could have Laura Landis post this for the community. Commander Halweg indicated that would be possible. Councilmember Bukkila also asked to have the supplements for the monthly statistical report so the Council knows what types of crimes and drug arrests are going on in Andover. Sheriff Stuart stated their current system does not handle that but their new system may be able to do that. There was discussion regarding illegal drugs in Anoka County and how the community can be notified. Andover City Council Workshop Meeting Minutes — July 23, 2013 Page 3 1 Councilmember Trude thought there could be a community learning program for parents. She 2 also thought maybe they could do more during their QCTV programming. Social media is also a 3 good idea to post education videos. 4 5 Councilmember Bukkila thought they should also start some type of community activism in 6 emergency situations. She noted she has already talked to Fire Chief Winkel about this. She 7 would like to start some type of community education and wondered what the Sheriff's 8 Department could do to help with that. Sheriff Stuart stated within the Sheriff's Department they 9 are looking at what is called the "Care Program" for public education and he would be glad to 10 help inform and teach residents what to do in an emergency situation. 11 12 Councilmember Trude stated when the deputies have down time, Round Lake Boulevard is very 13 busy and maybe they could sit at the Round Lake boat landing or in the parking area to be seen 14 and deter speeding. 15 16 Councilmember Howard stated the Sheriff's Department is very passionate about helping 17 homeless youth and he would like to see about getting a program together to help out some way. 18 Sheriff Stuart indicated there are a lot of homeless youth in Anoka County and residents do not 19 realize the extent this and any program to bring this forward and public would be great. 20 21 The Council thanked the Sheriff's Department for taking time to talk to the Council. 22 23 DISCUSS CIP WITH PARK & RECREATION COMMISSION 24 25 Park and Recreation Commission Chairperson Ted Butler stated the Commission has spent a lot 26 time working on the CIP this year and deciding what the Commission wants to do within the 27 park system of the City. He stated the Commission is projecting some park dedication fees 28 coming in for the next couple of years. He noted residential projects are being projected for 20 29 units per year for the first three years and 10 units per year after that. 30 31 Chairperson Butler stated over the next several years, the Commission is planning to put aside 32 $200,000 for a renovation of Rose Park. He noted the Commission talked about improving the 33 park into a slightly more active park with two ball fields, this would accommodate the removal 34 of a ball field at Green Acres Park. The proposed fields will be irrigated and new fencing will be 35 used for the infield but not the outfield. 36 37 Councilmember Bukkila asked what the neighborhood had to say about this. Chairperson Butler 38 stated the neighbors were concerned about a hockey rink going in there and they would prefer to 39 have two ball fields versus a hockey rink. 40 41 Mayor Gamache asked if the Commission went with the layout shown at the meeting, would 42 trees be planted to try to prohibit balls from going out of the park. Chairperson Butler stated the 43 fencing would stop most foul balls, the fields will be for six and seven year old players. 44 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Andover City Council Workshop Meeting Minutes —July 23, 2013 Page 4 Mayor Gamache wanted to be sure that if older kids end up using the fields, they need to have something to block the foul balls. Councilmember Bukkila stated her concern would be the traffic going through the neighborhood to get to the park. Chairperson Butler stated "Way Finding" signs along trails is something they put into their CIP a couple of years ago and is appealing to all ages within the City. Councilmember Trude thought it was a good idea to have mileage on the signs but she would like to discourage people crossing into Bunker Lake Park by the railroad crossing because it is dangerous there and vehicles cannot see the crossing that close to the tracks. Mr. Haas stated the signs in that area will be expanded as they go along. Councilmember Bukkila thought they could have a kiosk or map on the start of the trails to show people how to get to different places using the trails. Chairperson Butler stated they have some small parks that need irrigation systems and have slowly been putting systems in the parks. Chairperson Butler stated the Commission has concluded that high use parks in the City need to have paved parking lots in order to utilize the parking appropriately. Prairie Knoll Park needs to be paved and the cost is $100,000 for one parking lot. Councilmember Bukkila wondered if they could get association participation on this. Chairperson Butler stated they could try but the associations are also putting money into other parks in the City. Chairperson Butler thought if they are doing a street project, they could see about tacking these parking lots on to get a better price. He thought this would improve the park significantly. Chairperson Butler noted the Commission will roll over $290,000 from 2013 to 2014 and at the end of 2014 they will still be over the $50,000 minimum reserve and then after that they will still have $15,000 each year for miscellaneous projects. 2017 will be for a large project at Fox Meadows Park. Commissioner Miskowiec did not think they should label more land in the City as dedicated park land because he thought they had plenty of small parks and if it is labeled as dedicated park land, the City can never sell the land or change the land from anything besides park. Mr. Haas stated there was a neighborhood meeting held for Fox Meadows Park and there were a lot of good responses to the reconstruction of the park. The neighborhood was in favor of having a hockey rink within the park also. He stated Verizon is also looking at the park for a cell tower site. Chairperson Butler stated in 2018 they have $30,000 for paving a hockey rink, they will likely use it for concrete so the rink can be used for rollerblading also. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Andover City Council Workshop Meeting Minutes —July 23, 2013 Page 5 Councilmember Trade wondered why there is not any money in the plan for additional equipment for the skate park. Commissioner Van Vark stated there was talk about some smaller equipment for younger children. Chairperson Butler stated they can pull the money out of the miscellaneous projects fund for equipment for the skate park if needed. Mayor Gamache thought this looked like a good plan and they are addressing some issues that need correction. Councilmember Trade stated she has had residents call her regarding Red Oaks East Park and wondered if anything could be done to improve it. She noted the park looks terrible with dead trees and garbage in it. Mayor Gamache stated his issue with this is that Red Oaks West is within two blocks of another park. Red Oaks West is a fairly new park. Councilmember Howard wondered if they could look at unused park land for community gardens. Mr. Haas stated they could do a community survey to see if the neighborhood is interested in doing something like that. Mr. Berkowitz stated the City could do a controlled burn at Red Oaks East to get the weeds out of the park and then plant some grass. Councilmember Howard wondered if the City could start a memorial program where they can plant a tree in the parks. Mr. Haas stated they already have a program like this in place. Commissioner Lindahl stated they have been struggling with the Crooked Lake Elementary hockey rink and wondered if the old golf course may be an appropriate place for a hockey rink. There was discussion about where, in the southern part of the City, a hockey rink could be installed. The Council recessed at 7:47 p.m. The Council reconvened at 7:54 p.m. DISCUSS VETERANS MEMORIAL BOULEVARD NW MEMORIAL Mr. Berkowitz explained it appears from the edge of the road to the right -of -way, they have twenty -five feet where a memorial could be placed. Councilmember Trade thought they put this in the CIP for a place marker so it was not forgotten. Mayor Gamache stated he liked the idea of putting something on the east side of the road that will lead into a future park once the Public Works campus is complete. Councilmember Trade thought they could have a large entrance sign with some type of veteran 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Andover City Council Workshop Meeting Minutes — July 23, 2013 Page 6 motif on it. Councilmember Knight thought they should set aside some land on the northwest corner and contact the Legion and VFW to see what they would suggest and do something in the future. The Council suggested putting this off for a couple of years but keep it in the CIP as a placeholder and revisit it again. UPDATE OF JOINT POWERS AGREEMENT /LOWER R UM RIVER WMO Mr. Haas explained the Lower Rum River Watershed Management Organization ( LRRWMO) Board has been trying to get its joint powers agreement review done. He stated Ramsey had some comments and that letter was attached in the packet. Coon Rapids is going to move to the Coon Creek Watershed District and Ramsey felt the assessment formula should be equaled out so all the cities pay the same amount of money. He noted Mr. Dickinson has reviewed the letter. Councilmember Trade asked if a lot of the developable land in Ramsey would be in the LRRWMO, she thought it would favor Ramsey. Mr. Haas noted all of Ramsey and most of Anoka is in the LRRWMO District. Mr. Dickinson stated the current JPA covers how this is to be allocated. It is currently showing 50% valuation on total area acres and also puts 50% weight on valuation. So when you put the two weighted averages together, Andover is at 28 %, Anoka at 22 %, and Ramsey at 50 %. Ramsey's suggestion is to make it equal between the three cities. Councilmember Trade felt that change would really favor Ramsey. Councilmember Bukkila stated the concern she has is the problems that have gone on in Ramsey and she would not want the Andover money to pay for their problems. Mr. Dickinson stated this likely all comes down to voting. Mr. Haas stated if the funding percent stays the same, Ramsey may want more than one vote on the Board because they would pay the most. Councilmember Trade asked if the organization incurs expenses that are not reimbursed by looking at projects. Mr. Dickinson stated there is a second part to the memo from Ramsey that has to do with large capital improvement project funding but he feels the JPA already covers this. Councilmember Trade thought they should stay with what they have. The Council requested Mr. Dickinson draft a letter summarizing the discussion for the LRRWMO board and present it to the LRRWMO at their next meeting. DISCUSS HANSON BOULEVARD NW & 161sT AVENUE NW TRAFFIC SIGNAL112 -30 Mr. Berkowitz explained there will be an open house on July 24th in the Council Chambers regarding this project. He reviewed the project with the Council. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Andover City Council Workshop Meeting Minutes — July 23, 2013 Page 7 Councilmember Trade wanted to make sure there will be adequate access to Prairie Oak Community Church because this is an election site and they will want to be able to make a left turn into the parking lot. Mr. Berkowitz noted the road will either be striped or left open for access. Mr. Berkowitz noted there will not be a left turn lane proposed at 155th Lane. It was noted there will not be any trail on the road. Councilmember Bukkila stated if a resident wanted to take a trail through the subdivision, they should have trail signs directing people through the neighborhood. DISCUSS CIP ANNUAL STREET RECONSTR UCTION PROJECTS Mr. Berkowitz showed a map to the Council of all the street reconstruction projects done within the City since 1997. He stated an analysis was done on the roads that need to be reconstructed and in the direction they are going, the percentage will increase. He stated the Council may need to increase the funding to keep up. Mr. Berkowitz stated one option maybe instead of a 25% assessment they could increase it to 35 %. Assessments would increase from $4,000 - $6,000 to $6,000 - $8,000. Mayor Gamache stated LGA was coming back and thought they should use that money to cover these costs. If they get the money, they could keep the costs to 25% for a while. He thought that if they raise the percentage now, they will not be able to lower them again. Councilmember Knight asked if there is a difference in price between lot sizes if they raise the percentage rate. Mr. Berkowitz believed paying a percentage of the total costs and assessing per unit is the way to go in Andover because all the developments and lots are so different in size. Mr. Dickinson stated the proposed road and bridge property tax levy is increasing approximately $72,000 which is very close to what LGA will be. Councilmember Trade stated if they increase the percentage rate they will not know how much the assessment will be because it will depend on the project price. Councilmember Trade asked what the impact would be on the timeline. Councilmember Bukkila stated she would prefer that staff try to work this out within the budget rather than increase the percentage rate. She stated she is open to more discussion on this subject. Mr. Berkowitz stated as we revise the assessment policy, the Council needs to discuss how much they are going to charge for road overlays. Councilmember Bukkila stated if they can prolong the life of the road by doing road overlays, she is okay with that and would be willing to review an assessment policy amendment for this. Andover City Council Workshop Meeting Minutes — July 23, 2013 Page 8 1 Councilmember Knight stated if the City does an overlay for roads and charges the resident for 2 it, how long it will be before the resident is charged for a road reconstruction. Mr. Berkowitz 3 stated that was a good question, he stated he will put together some numbers to bring back to 4 another meeting to discuss in more detail with the Council. 5 6 There was discussion between the Council and Staff on possible funding for the road 7 improvements such as LGA, raising the assessment percentage rate, franchise fees, and/or tax 8 levies. 9 10 Councilmember Bukkila stated it is important to know the facts in order to make a correct 11 decision. 12 13 Martin Project 14 15 Mr. Berkowitz stated the CIP includes replacing the Andover Station street lights with LED's. 16 He noted it will cost $111,000 to get the lights done. He stated the current acorn lamps are in 17 bad shape and need to be replaced or they are going to continue to have major problems with 18 these lights for years to come. 19 20 Councilmember Trude asked if this would be an authorized EDA project. Mr. Dickinson thought 21 the area it was in the TIF Project District so he thought it could work. Councilmember Trude 22 asked if there is any public hazard. Mr. Berkowitz stated there is not. 23 24 Mr. Dickinson stated the money they thought about attributing to the three - quarter intersection 25 could be used here, that budget was close to the light replacement estimate. 26 27 Mr. Berkowitz stated he will try to get a light to bring to an EDA meeting for review. 28 29 Mr. Berkowitz stated seal coat starts on Thursday so any questions can be referred to him. 30 31 2014 BUDGET DEVELOPMENT DISCUSSION 32 33 Mr. Dickinson reviewed the budget guidelines. He stated the City is looking at a 2.9% decrease 34 in the total taxable market value which is a realistic number. They do have levy limits this year, 35 which they get a 3% increase above their base level for 2012 or 2013, whichever is higher. He 36 noted they will be using their 2012 levy plus 3% to make their computation because it is higher 37 than 2013. 38 39 Councilmember Trude asked if they will see a negative value for the City next year as well. Mr. 40 Dickinson stated he did not think so because they have new commercial construction going in 41 this year. 42 43 Mr. Dickinson reviewed the 2014 budget points with the Council. 44 Councilmember Trude asked if they could move people around internally to fill voids, if needed. Andover City Council Workshop Meeting Minutes —July 23, 2013 Page 9 1 Mr. Dickinson stated they could do this as long as the employee gets adequate training. 2 3 Mr. Dickinson reviewed the proposed insurance costs for 2014. He noted the proposed increase 4 should be as high as 40 %. He explained their current total premium is below average and they 5 have great rates right now but may become closer to the average with the projected increase. He 6 stated they are still going to market the group and hope to be within the twenty percent range. 7 8 Councilmember Trude wondered if they should try to negotiate a multi -year plan. Mr. Dickinson 9 stated most insurance companies will not do that and often times the future year limits are 10 hedged to benefit the insurance companies. 11 12 Mr. Dickinson reviewed the membership and donation items for 2014 with the Council. 13 14 Councilmember Trude wondered if the County pulls out of the Youth First Program, will the 15 City have enough funds to contribute to keep their after school program going. Mr. Dickinson 16 indicated the Youth First Finance Committee is currently working through that. 17 18 Mr. Dickinson stated they will be paying for the ladder truck over five years, the first year's levy 19 is proposed at $260,000. 20 21 Mr. Dickinson stated they could increase their preliminary levy to the levy limits but he would 22 like to have the Council give input on what he should do. Councilmember Trude asked what is 23 happening with the CIP projects and if there are incurring any costs. Mr. Dickinson stated the 24 next big project they could do is not until 2016 -2017. 25 26 Mr. Dickinson thought they needed to set the preliminary levy at the levy limit, there are a lot of 27 significant estimates in the budget that need further research. 28 29 UPDATE ON2013 BUDGET PROGRESS 30 31 Mr. Dickinson briefly reviewed the 2013 budget progress report with the Council. 32 33 INVESTMENT REVIEW — JUNE 2013 34 35 Mr. Dickinson briefly reviewed the 2013 investments with the Council. 36 37 OTHER TOPICS 38 39 There were none. 40 41 42 43 44 Andover City Council Workshop Meeting Minutes —July 23, 2013 Page 10 ADJOURNMENT Motion by Knight, Seconded by Howard, to adjourn. Motion carried unanimously. The meeting adjourned at 9:55 p.m. Respectfully submitted, Sue Osbeck, Recording Secretary 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 REGULAR ANDOVER CITY COUNCIL MEETING — AUGUST 5, 2013 MINUTES The Regular Bi- Monthly Meeting of the Andover City C Mike Gamache, August 5, 2013, 7:00 p.m., at the Andover NW, Andover, Minnesota. Councilmembers present: Councilmember absent: Also present: Mike Knight, Sheri Julie Trude City Administrator. Community Deve Director of Public'-` Others PLEDGE OFALLEG1ANCE RESIDENT FORUM No one wished to address the INTROD UCTION OF Mr. Mr. Patch explained he has alrim solutions and looks forward to reviewed his work history with Mayor Gamache welcomed Mr retirement and wished him eoo AGENDA APPROVAL There were no changes. Dickinson at Director, was called to order by Mayor all, 1685 Crosstown Boulevard Howard UILDING OFFICIAL Fredrick Patch. rs experience in the field. He stated he will bring the Council and staff in Andover. Mr. Patch to the City and indicated he missed Don Olson's in retirement. Motion by Bukkila, Seconded by Howard, to approve the Agenda as presented above. Motion carried unanimously. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Regular Andover City Council Meeting Minutes —August 5, 2013 Page 2 APPROVAL OF MINUTES June 25, 2013, Workshop Meeting: Correct as amended. Mr. Dickinson stated Councilmember Trade reviewed the minutes and was fine with the corrections. Councilmember Bukkila noted there were some spelling errors on pages 13 and. 14. Mr. Dickinson stated she could give the changes to him. Motion by Knight, Seconded by Bukkila, to approve the minutes as indicated above. Motion carried unanimously. July 2, 2013, Regular Meeting: Correct as amended. Mr. Dickinson stated Councilmember Trade reviewed these minutes and was fine with the corrections. Motion by Howard, Seconded by Bukkila, to approve the minutes as indicated above. Motion carried unanimously. July 16, 2013, Regular Meeting: Correct as amended. Mr. Dickinson noted on page 3, line 42 the spelling for disillusion should be changed to the correct spelling. This change also needs to be made on page 4. On page 7, line 30, he thought Councilmember Bukkila made the comment about the concern for enforcement rather than Councilmember Trade. Councilmember Bukkila indicated she was the one who made the comment. Motion by Bukkila, Seconded by Knight, to approve the minutes as indicated above. Motion carried unanimously. July 16, 2013, Closed Session Meeting: Correct as presented. There were no changes. Motion by Bukkila, Seconded by Howard, to approve the minutes as presented. Motion carried unanimously. CONSENT ITEMS Item 2 Approve Payment of Claims Item 3 Approve Encroachment Agreement — 13797 Jay Street NW — Kingdom Partner Properties, LLC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Regular Andover City Council Meeting Minutes —August 5, 2013 Page 3 Item 4 Approve Low Quote — Building Demolition —1929 Crosstown Boulevard NW Item 5 Receive Assessment Roll /Order Public Hearing/South Coon Creek Drive NW Reconstruction (See Resolution R065 -13) Item 6 Approve Application for Exempt Permit/Andover Lions Item 7 Accept U.S. Fish and Wildlife Service (USFWS) Grant and Approve Partners for Fish and Wildlife Habitat Development Agreement/13 -28 Item 8 Approve Dental Renewal and Employer Contribution Item 9 Award Bid /13- 30/Roof Replacements (See Resolution R066 -13) Item 10 Amend Fee Ordinance (See Ordinance 428) Motion by Bukkila, Seconded by Howard, approval of the Consent Agenda as read. Motion carried unanimously. APPROVE REZONING FROM R -1, SINGLE FAMILY RURAL TO R -4, SINGLE FAMILY URBAN — 35.78 ACRES LOCATED ON THE SE CORNER OF PRAIRIE ROAD AND ANDOVER BOULEVARD NW — MARK SMITH Mr. Carlberg explained the City Council is asked to review and approve the request to rezone the properties from R -1 Single Family Rural to R -4 Single Family Urban as requested by Mark Smith. Mr. Carlberg reviewed the information with the Council. Motion by Bukkila, Seconded by Knight, to approve the rezoning request subject to the conditions of the attached ordinance amendment. Motion carried unanimously. (See Ordinance 429) CONSIDER PRELIMINARY PLAT — 70 URBAN RESIDENTIAL LOTS LOCATED ON THE SE CORNER OF PRAIRIE ROAD AND ANDOVER BLVD NW — CATCHER'S CREEK Mr. Carlberg explained the City Council is asked to review and approve preliminary plat for Catcher's Creek as proposed by Mark Smith. Mr. Carlberg reviewed the staff report with the Council. Mr. Carlberg requested the City Council to add Condition 14 to the Resolution which read: "A ten foot trail easement shall be shown on the plat along the east lot line of Lot 1, Block 6, from 143rd Avenue to the hundred foot trail easement along Coon Creek." He noted the Council could also add a condition related to the issue of the temporary and permanent cul -de -sac with Hickory Meadows Second, this could be an additional condition, Condition 15, that states: "That issue needs to be resolved when final plat comes back for approval." Councilmember Bukkila asked what the width of the street was along 144th Avenue. Mr. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Regular Andover City Council Meeting Minutes —August 5, 2013 Page 4 Carlberg indicated it is thirty -three feet curb to curb which will accommodate two lanes of traffic and parking. Councilmember Bukkila asked if this will have the shoulder lines like they have done on the west side of the City. Mr. Berkowitz indicated this would be a standard city street, thirty -three feet in width. Mayor Gamache asked where the parking lot will be for the park in this development. Mr. Carlberg indicated there will not be a parking lot; it will all be on- street parking. Councilmember Howard asked with this addition if there should be a parking lot installed. Mr. Berkowitz indicated there would not be a parking lot because it is considered a neighborhood park. Councilmember Bukkila stated traditionally trails are not done for a neighborhood park but because this is a longer thru - street she thought a trail should be included. She stated she has a concern because of the type of roadway this is. Mayor Gamache stated they have talked about sidewalks in the past. Councilmember Bukkila stated as far as a normal sub - division build, she would not have a problem without a sidewalk but because this development is around a park, she thought there needed to be some type of safe travel to the park, especially with a busy road and two subdivisions emptying out onto this street, as it heightens the level of concern for her. Mayor Gamache asked Councilmember Bukkila if the consideration would be the sidewalk along 144th Avenue on one side to Prairie Road. Councilmember Bukkila asked if there is anything on Prairie Road to go to. Mr. Berkowitz stated there is a trail system along the east side of Prairie Road that a trail could be connected to. Mr. Carlberg stated the question would be what about the Hickory Meadows subdivision that does not have a sidewalk; the Council would have to address that as well. Mayor Gamache agreed. Mr. Carlberg indicated there is no trail system along Andover Boulevard at this time and there is no other sidewalk in the area to get to the park so he would ask at what point does the Council decide where to have the sidewalks and where not to have them. Councilmember Howard noted there is a path along Prairie Road that stops at Andover Boulevard. Councilmember Knight stated the only thing to consider is that there are a lot of homes and a trail becomes more important under those circumstances. Mayor Gamache thought what they found in other developments was that people were not really fond of sidewalks, especially in front of their home. Mr. Dickinson stated another question is who will maintain the sidewalks. Mayor Gamache thought staff had done a good job of looking at this, noting most traffic will be on 144th Avenue and the majority will stop before it hits the other development. He did not think 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Regular Andover City Council Meeting Minutes — August 5, 2013 Page 5 traffic would be heading into the Hickory Meadows development, most traffic will exit onto Prairie Road, and a few will exit onto Andover Boulevard. Mr. Smith reviewed some of the changes with the Council. Mayor Gamache asked if the County is satisfied with the plans. Mr. Berkowitz stated the County did comment that they wanted to see intersection improvements at Prairie Road and Andover Boulevard. The challenge with that is by requiring this developer to make these improvements, the City and County are putting all the costs of improvements on the one developer; however, the City as a whole creates the traffic within the area. He noted the County would like to see those improvements but that was just a comment. Councilmember Howard stated on Holly Street where there is substantial fill for the road down to the cul -de -sac, the developer is actually filling in another person's property. In his estimation, it looks like Mr. Smith will be filling it in. Mr. Smith stated they will either have permission from the property owner or he will build a retaining wall. Councilmember Howard asked where the flood plain area will be replaced. Mr. Smith stated they have some other high areas they can use for mitigation of that fill. Councilmember Howard asked if there is going to be any consideration for sewer and water stubs to service that side of the road for future development. Mr. Smith stated the property owner does not want to have the stubs coming out of their property because they will have to fill in a large area to get the stubs onto their properties. They would be in favor of having a retaining wall without any stubs. Mr. John Stevens, 14464 Flintwood Street NW, stated their main concern is the safety of the residents. There are fifty plus children in the area and they all use the roadways to the park. He stated ninety -five percent of the traffic on the roads is people who live there and their concern is once the road opens up, seventy homes will be added with children heading to the park along with peddle and foot traffic going to the trail system, all being entwined with vehicle traffic so there will not be any safe passage from the park to Prairie Road, which will be a major problem for them. He asked for some way to provide a safety buffer. Mayor Gamache indicated the City will install park signs so traffic slows before the park and there is already a road curvature which will slow down the traffic. They will also make sure to have patrols and that the road remains safe. He stated long range plans show Andover Boulevard being widened by the County. He is not sure if the City will be requiring a sidewalk or not. Mr. Stevens thought the City should be proactive rather than reactive. Mr. Justin Higgins, 14454 Evergreen Street, agreed with what Mr. Stevens said. He stated if the two parks were master planned, the park would not be there. He also thought a neighborhood park would have been put on an avenue where there is no off - street parking or no sidewalk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Regular Andover City Council Meeting Minutes —August 5, 2013 Page 6 between the park and the street. There is no buffer. He stated if this was master planned, the park would be on a cul -de -sac where there would not be much traffic. Mayor Gamache thought the City may want to have the Park Commission review this park and see if they could move some of the facilities over to the other side and create a buffer onto the park land. so it is not that close to the road. He thought they had adequate park land there now. He also thought some trees could be planted as a buffer. Mr. Berkowitz stated staff worked pretty close with the neighborhood in the area of the development of the park and some trees will be saved to provide a buffer. There is a substantial investment in that park and it is only a few years old so at this point, to move it there would be a lot work at a substantial cost. Mayor Gamache thought the Park Commission needed to look at how they can move some of the equipment away from the road in the park. Councilmember Bukkila stated she understood the developer has a bit of expense already into this project and to adjust lot lines and such to accommodate a trail with a divider to the roadway, it is too late to get it into the lots. She asked if there is anything they can do with road width to make this any better than it is. Mr. Berkowitz stated the developer is only responsible for a standard street width so anything above and beyond that is a City cost. It is a local street and the volume within this development is typical of a standard development. He stated the Council needs to decide if the City should spend more money on the road width. He stated once the road gets wider, drivers become more comfortable and the speed generally goes higher. Mr. Nathan Jones, Tolberg Homes, stated they have adjacent property with some serious soil issues and the financial viability of developing it so he wondered if they could swap some of the land at the end of Evergreen Street for the existing park lot in Hickory Meadows. He thought by doing this, everyone would be satisfied. Councilmember Bukkila wondered because if this is already dedicated can they up and move it. Mr. Dickinson indicated it cannot be swapped out, once it is platted, dedicated and recorded it must go back through the State, it would take quite a bit of time to move it. Mr. Jones stated they would be in favor of working on something with Mr. Smith in regard to the temporary cul -de -sac. He stated they would be in favor of making this a permanent cul -de -sac on both properties. Mayor Gamache recapped the traffic patterns in the area and thought most of the traffic through the development will be the residents who live there. He thought there would be increased traffic but he did not think it would increase significantly. He would like the Park Commission to review the park and move some of the equipment back once there is more space within the new part of the park. Councilmember Bukkila stated the lot immediately to the left of the park should be noted by the developer because people will be cutting across this lot and she wanted to make sure that there 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Regular Andover City Council Meeting Minutes —August 5, 2013 Page 7 will not be anything that obstructs the view of the park on that corner. Mr. Carlberg thought it would be the homeowner who would make changes to his land. They can regulate the right -of- way area so there will not be blocked views. Mayor Gamache suggested moving the equipment back from the road and creating a buffer, such as wood rail fencing, to show the kids where to stop. Mr. Dickinson stated they could put a four - foot chain link fence along there with a gate entrance, which would make the park safer for kids to play in. Mr. Carlberg indicated Condition 15 should include wording indicating: "The temporary cul -de- sac at 143`d Avenue NW be examined to determine if a permanent cul -de -sac can be developed and expanded to the east and if so, the Preliminary Plat can be revised accordingly." Motion by Howard, Seconded by Knight, to approve the Preliminary Plat, 70 Urban Residential lots located on the southeast corner of Prairie Road and Andover Boulevard NW, Catcher's Creek, subject to the Conditions in the resolution including Conditions 14 and 15. Motion carried unanimously. (See Resolution R067 -13) ADMINISTRATOR'S REPORT City Staff updated the Council on the administration and city department activities, legislative updates, updates on development /CIP projects, and meeting reminders /community events. Mr. Berkowitz reviewed the Nightingale Road reconstruction project with the Council. Mr. Carlberg updated the Council on the noise issue with Target. MA YORICO UNCIL INPUT (3M Senior Golf Tournament) Mayor Gamache thanked the County and County Commissioners for their hospitality at the 3M golf tournament at the TPC. He thought it was a great event. (Storm Water Bills) Mayor Gamache stated August 6, 2013, is Night to Unite and one of the questions they will probably get is about the storm water bills. The residents have been getting them for ten years but questions have come up with the new billing service. Mr. Berkowitz reviewed the NPDES regulations that were imposed on the City and the reason for the fees. RECESS Mayor Gamache recessed the regular City Council meeting at 8:30 p.m. to a closed session of the City Council to discuss Public Works Union Negotiations. The City Council reconvened at 8:42 p.m. Regular Andover City Council Meeting Minutes —August S, 2013 Page 8 ADJOURNMENT Motion by Knight, Seconded by Howard, to adjourn. Motion carried unanimously. The meeting adjourned at 8:42 p.m. Respectfully submitted, Sue Osbeck, Recording Secretary 1 Regular Andover City . Council Meeting Minutes — August 5, 2013 Page 9 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — AUGUST 5, 2013 TABLE OF CONTENTS PLEDGEOF ALLEGIANCE .......................................................................... ............................... 1 RESIDENTFORUM ....................................................................................... ............................... 1 INTRODUCTION OF FREDRICK PATCH, NEW BUILDING OFFICIAL ............................... 1 AGENDAAPPROVAL ................................................................................... ............................... 1 APPROVALOF MINUTES ............................................................................ ............................... 2 CONSENTITEMS .......................................................................................... ............................... 2 ApprovePayment of Claims ........................................................................ ............................... 2 Approve Encroachment Agreement —13797 Jay Street NW — Kingdom Partner Properties, LLC...................................................................................................... ............................... 2 Approve Low Quote — Building Demolition —1929 Crosstown Boulevard NW ....................... 3 Receive Assessment Roll /Order Public Hearing/South Coon Creek Drive NW Reconstruction (See Resolution R065- 13) .................................................................... ............................... 3 Approve Application for Exempt Permit/Andover Lions ............................ ............................... 3 Accept U.S. Fish and Wildlife Service (USFWS) Grant and Approve Partners for Fish and Wildlife Habitat Development Agreement/ 13- 28 ................................ ............................... 3 Approve Dental Renewal and Employer Contribution ................................ ............................... 3 Award Bid /13 -30 /Roof Replacements (See Resolution R066 -13) .............. ............................... 3 Amend Fee Ordinance (See Ordinance 428) ............................................... ............................... 3 APPROVE REZONING FROM R -1, SINGLE FAMILY RURAL TO R -4, SINGLE FAMILY URBAN — 35.78 ACRES LOCATED ON THE SE CORNER OF PRAIRIE ROAD AND ANDOVER BOULEVARD NW — MARK SMITH (See Ordinance 429) . ............................... 3 CONSIDER PRELIMINARY PLAT — 70 URBAN RESIDENTIAL LOTS LOCATED ON THE SE CORNER OF PRAIRIE ROAD AND ANDOVER BLVD NW — CATCHER'S CREEK (See Resolution R067 -13) ........................................................................... ............................... 3 ADMINISTRATOR'S REPORT ..................................................................... ............................... 7 MAYOR /COUNCIL INPUT ........................................................................... ............................... 7 3MSenior Golf Tournament ........................................................................ ............................... 7 StormWater Bills ........................................................................................ ............................... 7 RECESS TO CLOSED SESSION ................................................................... ............................... 7 RECONVENE................................................................................................. ............................... 7 ADJOURNMENT............................................................................................ ............................... 8 [DOVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: CC: FROM: SUBJECT: DATE: Mayor and Councilmembers Jim Dickinson, City Administrator / Finance Director Lee Brezinka, Assistant Finance Director Payment of Claims August 20 2013 INTRODUCTION Attached are disbursement edit lists for claims related to the on going business of the City of Andover. tell DISCUSSION Claims totaling $229,108.00 on disbursement edit list #1- 3 from 08/02/13 — 08/16/13 have been issued and released. Claims totaling $509,592.64 on disbursement edit lists #4 dated 08/20/13 will be issued and released upon approval. BUDGET IMPACT The edit lists consist of routine payments with expenses being charged to various department budgets and projects. ACTION REQUESTED The Andover City Council is requested to approve total claims in the amount of $738,700.64. Please note that Council Meeting minutes will be used as documented approval. Respectfully submitted, Ilez -�5 - Lee Brezinka Attachments: Edit Lists Accounts Payable Computer Check Proof List by Vendor V User: BrendaF Printed: 08/02/2013 - 2:57PM Batch: 00402.08.2013 Invoice No Description Amount Payment Date Acct Number Reference Vendor: Connex2 Connexus Energy Check Sequence: 1 ACH Enabled: False 386026/304108 Sports Complex - 3535 161st Ave 12,228.27 08/02/2013 4180 - 49300 -65300 Check Total: 12,228.27 Total for Check Run: 12,228.27 Total of Number of Checks: 1 AP- Computer Check Proof List by Vendor (08/02/2013 - 2:57 PM) Page 1 Accounts Payable Computer Check Proof List by Vendor User: BrendaF Printed: 08/09/2013 - 8:13AM Batch: 00406.08.2013 �a C I T Y � ��O�1rH�wF 66 7 IR JOR' Invoice No Description Amount Payment Date Acct Number Reference Vendor: 3DSpec 442768 3D Specialties Inc. 18" Cones 345.32 08/09/2013 Check Sequence: 1 ACH Enabled: False 0101- 43300 -61030 Check Total Vendor: AceSolid Ace Solid Waste, Inc. 016067/10664366 August 2013 Recycling Service 094679/10665444 Aug 2013 Commercial Waste & Recycling 094679/10665444 Aug 2013 Commercial Waste & Recycling 134716/10672328 Trash Removal Check Total: Vendor: AlsCoffe AI's Coffee Company 125577 Resale Items for Sunshine Concessions 125577 Resale Items for ASN Concessions Check Total: Vendor: AllicdWa Allied Waste Services #899 0899 - 002315768 August 2013 Recycling Service Check Total: Vendor: AnkCity City of Anoka 201307252457 Traffic Signal G County Road 7 & 116 345.32 Check Total: Vendor: AmSupply American Supply Group Inc. 42411 Bath Tissue & Paper Towel 42412 Bath Tissue & Paper Towel 42413 Bath Tissue & Paper Towel Check Total: Vendor: AnkCity City of Anoka 201307252457 Traffic Signal G County Road 7 & 116 345.32 Check Sequence: 2 ACH Enabled: False 208.92 08/09/2013 0101- 46000 -63010 209.44 08/09/2013 2130 - 44100 -62020 418.88 08/09/2013 2130 - 44000 -62020 447.26 08/09/2013 0101- 45000 -62020 1,284.50 Check Sequence: 3 ACH Enabled: False 652.75 08/09/2013 0101- 41975 -61245 156.90 08/09/2013 0101 - 41985 -61245 809.65 Check Sequence: 4 ACH Enabled: False 710.82 08/09/2013 0101 - 46000 -63010 710.82 Check Sequence: 5 ACH Enabled: False 228.18 08/09/2013 0101 - 41920 -61025 164.59 08/09/2013 0101- 41920 -61025 138.94 08/09/2013 0101 - 41920 -61025 531.71 Check Sequence: 6 ACH Enabled: False 5.43 08/09/2013 0101 - 43400 -62005 AP- Computer Check Proof List by Vendor (08/09/2013 - 8:13 AM) Page 1 Invoice No Description Amount Payment Date Acct Number Reference J.4J Check Total: Vendor: AssuSecu Assured Security Inc. 66600 New Door Closer on Garage Entry Door 08/09/2013 Check Total: Vendor: Beacon Beacon Athletics 0429937 -IN Sparkle /Pitching Mound & Homeplate 0429937 -IN Sparkle /Pitching Mound & Homeplate 0429937 -IN Sparkle /Pitching Mound & Homeplate 08/09/2013 Check Total: Vendor: BencoEq Benco Equipment Co. 32892 Inspections for Units #307, #359 & #09364 Check Total: Vendor: BenFrank Benjamin Franklin Plumbing 117340 Relay Pipe from Main to Yard 6,631.00 Check Total: Vendor: BjorkCom Borklund Companies LLC 16392 Class 5 Gravel 16454 Class 5 Gravel 16599 Recycle Center Driveway 16602 Recycle Center Driveway Class 5 Check Total: Vendor: Boyerl Boyer Truck Parts 23927H Parts for Unit #171 764027 Parts for Unit 4161 764027X1 Parts for Unit #161 764027X2 Parts for Unit #161 0101- 45000 -61020 Check Total: Vendor: CapstHom Capstone Homes 13922 - Escrow 13922 Martin Street NW 13922 -Insp Fee 13922 Martin Street NW 1935 - Escrow 1935 139th Ave NW J.4J Check Sequence: 12 ACH Enabled: False 13.21 08/09/2013 6100 - 48800 -61115 18.30 Check Sequence: 7 ACII Enabled: False 382.00 6100 -48800 -61115 08/09/2013 0101- 41910 -63105 08/09/2013 6100- 48800 -61115 1,135.19 382.00 Check Sequence: 13 ACH Enabled: False 6,631.00 08/09/2013 Check Sequence: 8 ACH Enabled: False 633.20 6,431.00 08/09/2013 0101 - 00000 -24201 7200 - 00000 -24204 -61.00 08/09/2013 0101 - 00000 -20301 321.00 08/09/2013 0101- 45000 -61020 893.20 Check Sequence: 9 ACH Enabled: False 375.00 08/09/2013 6100 -48800 -63200 375.00 Check Sequence: 10 ACH Enabled: False 3,500.00 08/09/2013 5200- 48200 -63100 3,500.00 Check Sequence: 11 ACH Enabled: False 1,371.76 08/09/2013 0101 - 43100 -63300 1,101.79 08/09/2013 0101 - 43100- 61125 1,122.19 08/09/2013 0101 - 46000 -63010 180.12 08/09/2013 0101- 46000 -63010 3,775.86 AP- Computer Check Proof List by Vendor (08/09/2013 - 8:13 AM) Page 2 Check Sequence: 12 ACH Enabled: False 13.21 08/09/2013 6100 - 48800 -61115 18.30 08/09/2013 6100- 48800 -61115 178.42 08/09/2013 6100 -48800 -61115 925.26 08/09/2013 6100- 48800 -61115 1,135.19 Check Sequence: 13 ACH Enabled: False 6,631.00 08/09/2013 7200- 00000 -24204 -50.00 08/09/2013 0101 - 41600 -54180 6,431.00 08/09/2013 7200 - 00000 -24204 AP- Computer Check Proof List by Vendor (08/09/2013 - 8:13 AM) Page 2 Invoice No Description Amount Payment Date Acct Number Reference 1935 - htsp Fee 1935 139th Ave NW -50.00 08/09/2013 0101- 41600 -54180 1943 - Escrow 1943 140th Lane NW 5,250.00 08/09/2013 7200- 00000 -24204 1943 -Insp Fee 1943 140th Lane NW -50.00 08/09/2013 0101 - 41600 -54180 Check Total: 18,162.00 Vendor: Centetpt CenterPoint Energy Check Sequence: 14 ACH Enabled: False 5825952 Equipment Building 19.24 08/09/2013 0101- 41950 -62015 5825952 5840270 Water Treatment Plant 822.55 08/09/2013 5100- 48100 -62015 5840270 5840341 Prairie Knoll Park 12.82 08/09/2013 0101- 41990 -62015 5840341 5841153 Fire Station #1 52.72 08/09/2013 0101 - 41920 -62015 5841153 5841451 Fire Station #2 30.25 08/09/2013 0101 - 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Check Sequence: 19 ACH Enabled: False 130715 Dura Drive (42A) 6.0°/x/5.2 %, B 59.90 08/09/2013 0101- 43100 -61125 Check Total: 59.90 Vendor: Conncx] Connexus Energy Check Sequence: 20 ACH Enabled: False Andover St N Ballfield Lights 44.06 08/09/2013 0101- 43500 -62005 386026- 292904 Public Works 2,073.85 08/09/2013 0101- 41930 -62005 386026 - 159276 Langseth Park 13.35 08/09/2013 0101 - 45000 -62005 386026- 174273 Hidden Creek North Park 26.70 08/09/2013 0101- 45000 -62005 386026- 174280 Fox Meadows Park 13.35 08/09/2013 0101 - 45000 -62005 386026 - 175264 Nordeens Park 8.76 08/09/2013 0101- 45000 -62005 386026- 175703 AP- Computer Check Proof List by Vendor (08/09/2013 - 8:13 AM) Page 4 Invoice No Description Amount Payment Date Acct Number Reference Wayside Hom - 1000 Crosstown Blvd. 23.36 08/09/2013 0101- 43400 -62005 386026 - 299229 Hawkridge Park - Service #2 271.08 08/09/2013 0101-45000 -62005 386026 - 301889 Andover St Ballfield Lights 29.37 08/09/2013 0101- 45000 -62005 386026 - 292904 Country Oaks West Park 8.76 08/09/2013 0101 - 45000 -62005 386026- 301901 CH Campus Outdoor Hockey Rinks 39.85 08/09/2013 0101- 45000 -62005 386026- 302015 3200 S Coon Creek Drive NW 14.73 08/09/2013 5100- 48100 -62010 386026 - 303716 13297 Round Lk Blvd 16.15 08/09/2013 2110 - 46500 -62005 386026- 303789 1929 Crosstown Blvd 24.52 08/09/2013 0101 - 41930 -62005 386026 - 303790 Shady Knoll Park 13.35 08/09/2013 0101 - 45000 -62005 386026- 303791 Siren #10 -145th & Vintage St. NW 5.34 08/09/2013 0101 - 42400 -62005 386026- 300399 Siren #11 - 138th Lane & Drake St. NW 5.34 08/09/2013 0101- 42400 -62005 386026- 300400 Siren #6 -16050 Constance Blvd NW 5.34 08/09/2013 0101- 42400 -62005 386026 - 300401 Siren #8 - 1685 Crosstown Blvd. NW 5.34 08/09/2013 0101- 42400 -62005 386026- 300402 Chesterton Commons Park 8.76 08/09/2013 0101- 45000 -62005 386026 - 301899 Siren #9 - 139th & Crosstown Blvd. NW 5.34 08/09/2013 0101- 42400 -62005 386026- 300404 Siren #7 - Andover Blvd. & Prairie Road 5.34 08/09/2013 0101 - 42400 -62005 386026- 300405 Siren #1 - 176th & Ward Lake Drive NW 5.34 08/09/2013 0101- 42400 -62005 386026- 300406 Siren #3 -16860 Roanoke St. NW 5.34 08/09/2013 0101 - 42400 -62005 386026 - 300407 Siren 114 -158th & Dakota St. NW 5.34 08/09/2013 0101- 42400 -62005 386026 - 300408 Hills Bunker Lk W Pk 8.76 08/09/2013 0101- 45000 -62005 386026- 292034 Signal - 13976 Hanson Blvd. NW 36.94 08/09/2013 0101- 43400 -62005 386026- 298781 Oak Bluff Park 8.76 08/09/2013 0101 - 45000 -62005 386026 - 299378 Street Lights -1721 Bunker Lake Blvd 48.58 08/09/2013 2110- 00000 -11310 386026 - 299532 Street Light -13980 Hanson Blvd 33.14 08/09/2013 2110- 00000 -11310 386026- 299533 ASN Street Lights 234.21 08/09/2013 2110- 00000 -11310 386026- 299989 Siren 115 - 2748 161stAve NW 5.34 08/09/2013 0101 - 42400 -62005 386026- 300397 Siren 412 - Bunker & Marigold St. NW 5.34 08/09/2013 0101- 42400 -62005 386026- 300398 Tower #2 42.81 08/09/2013 5100- 48100 -62005 386026- 231282 Pumphouse #5 1,495.76 08/09/2013 5100- 48100 -62005 386026 - 237118 Hidden Creek East Park 13.35 08/09/2013 0101- 45000 -62005 386026 - 238967 Pleasant Oaks Park 13.35 08/09/2013 0101 - 45000- 62005. 386026 - 238968 Pumphouse #6 45.87 08/09/2013 5100- 48100 -62005 386026- 245409 Kelsey/Round Lake Park 13.35 08/09/2013 0101- 45000 -62005 386026 - 246004 Round Lake & 161st- Signal 39.40 08/09/2013 0101 - 43400 -62005 386026- 230276 Hawkridge Park 42.95 08/09/2013 0101- 45000 -62005 386026- 230286 Sunshine Park 2,401.01 08/09/2013 0101- 45000 -62005 386026 - 230685 City Hall- Light 1,864.90 08/09/2013 0101- 41910 -62005 386026- 231135 Hidden Creek North Park 34.58 08/09/2013 0101- 45000 -62005 386026 - 261455 Shadowbrook East Park 35.89 08/09/2013 0101 - 45000 -62005 386026- 267140 City Hall Park Lighting 27.68 08/09/2013 0101 - 45000 -62005 386026- 268970 1600 Crosstown Blvd- Signal 43.20 08/09/2013 0101- 43400 -62005 386026- 269010 2139 Bunker Lake- Signal 45.69 08/09/2013 0101- 00000 -11310 386026- 269011 Terrace Park Lights 8.76 08/09/2013 0101- 45000 -62005 386026 - 270409 AP- Computer Check Proof List by Vendor (08/09/2013 - 8:13 AM) Page 5 Invoice No Description Amount Payment Date Acct Number Reference Eveland Field Lights 8.76 08/09/2013 0101 - 45000 -62005 386026 - 270410 Wild Iris Park Lights 8.76 08/09/2013 0101- 45000 -62005 386026 - 270411 Strootman Park Lights 8.76 08/09/2013 0101- 45000 -62005 386026 - 270412 Water Treatment Plant 8,267.15 08/09/2013 5100- 48100 -62005 386026 - 271472 Sunshine Park - Electric 134.16 08/09/2013 0101 - 45000 -62005 386026- 273153 Martin & Commercial - Ligthts 217.84 08/09/2013 2110- 00000 -11310 386026 - 255963 Lift Station #7 78.85 08/09/2013 5200- 48200 -62005 386026 - 275284 Prairie Knoll Park 354.24 08/09/2013 0101 - 45000 -62005 386026 - 275569 Lift Station #6 45.99 08/09/2013 5200- 48200 -62005 386026 - 276742 TImber Trail Park Security Lights 10.50 08/09/2013 0101 - 45000 -62005 386026- 277955 Fire Station #3 617.59 08/09/2013 0101- 41920 -62005 386026 - 279236 Community Center 20,261.81 08/09/2013 2130 - 44000 -62005 386026 - 281212 Lift Station #8 71.19 08/09/2013 5200- 48200 -62005 386026 - 281840 13914 Prairie Road- Signal 32.87 08/09/2013 0101- 43400 -62005 - 386026 - 282927 Andover Blvd & Hanson- Signal 42.57 08/09/2013 0101- 43400 -62005 386026- 284894 Pine Hills Park 13.35 08/09/2013 0101 - 45000 -62005 386026- 256788 Pumphouse #8 1,332.42 08/09/2013 5100- 48100 -62005 386026 - 273808 15700 7th Ave- Signal 36.28 08/09/2013 0101 - 43400 -62005 386026 - 275108 Fire Station #1 711.05 08/09/2013 0101 - 41920 -62005 386026 -68989 Lift Station #5 30.01 08/09/2013 5200- 48200 -62005 386026- 273019 Community Center Concession Stand 626.65 08/09/2013 2130 - 44100 -62005 386026- 281212 Red Oaks West Park 13.35 08/09/2013 0101 - 45000 -62005 386026- 246005 Signal 15698 Rd Lk Blvd 33.79 08/09/2013 0101- 43400 -62005 386026 - 290712 Lift Station #9 27.64 08/09/2013 5200- 48200 -62005 386026- 287602 Country Oaks Park 5.34 08/09/2013 0101- 45000 -62005 386026- 289790 Round Lake & 136th - Signal 17.68 08/09/2013 0101- 00000 -13201 386026- 201283 Round Lake & 135th- Signal 16.83 08/09/2013 0101 - 43400 -62005 386026 - 201284 Round Lake & 135th - Signal 16.83 08/09/2013 0101 - 00000 -13201 386026- 201284 County Road 9 & 116- Signal 34.55 08/09/2013 0101- 43400 -62005 386026- 201749 County Road 9 & 116- Signal 11.52 08/09/2013 0101- 00000 -13201 386026- 201749 Purnphouse #4 1,499.20 08/09/2013 5100- 48100 -62005 386026 - 231280 City Hall Garage 17.99 08/09/2013 0101 - 41960 -62005 386026 - 231281 13711 Crosstown Blvd NW 58.36 08/09/2013 2110 - 46500 -62005 386026- 303295 Bunker Lake & Crosstown- Signal 50.25 08/09/2013 0101 - 43400 - 62005 386026 - 251654 Lift Station #4 152.14 08/09/2013 5200- 48200 -62005 386026 - 251905 Lights on Signals 201.67 08/09/2013 0101- 43500 -62005 386026 - 254291 Purnphouse #7 53.96 08/09/2013 5100- 48100 -62005 386026 - 255064 13551 Jay Street- Lights 269.43 08/09/2013 2110- 00000 -11310 386026 - 255962 Lift Station #2 60.14 08/09/2013 5200- 48200 -62005 386026- 250066 Lift Station #3 71.09 08/09/2013 5200 -48200 -62005 386026- 250421 Northwood East Park 8.76 08/09/2013 0101 - 45000 -62005 386026 - 250587 Bunker Lake & Heather St- Signal 43.87 08/09/2013 0101- 43400 -62005 386026 - 251490 Bunker Lake & Rose St- Signal 41.37 08/09/2013 0101 - 43400 -62005 386026 - 251491 AP- Computer Check Proof List by Vendor (08/09/2013 - 8:13 AM) Page 6 Invoice No Description Amount Payment Date Acct Number Reference Bunker Lake & Jay St- Signal 48.05 08/09/2013 0101- 43400 -62005 386026- 251653 Signal 15390 Hanson Blvd 38.13 3,791.24 08/09/2013 0101 - 43400 -62005 386026 - 287969 1157 Andover Blvd- Well #9 5,493.58 352.96 08/09/2013 5100- 48100 -62005 386026- 286880 Round Lake & 138th- Signal 35.49 4,144.20 08/09/2013 0101 - 43400 -62005 386026- 201751 Pumphouse #1 62.55 08/09/2013 5100- 48100 -62005 386026- 201767 Round Lake & 140th- Signal 37.06 18.91 08/09/2013 0101- 43400 -62005 386026 - 201777 North Woods West Park 19.29 199.90 08/09/2013 0101- 45000 -62005 386026- 201868 Ranson & 138th Lane 10.15 -72.75 08/09/2013 5300- 48300 -62005 386026 - 202678 Bunker & Hanson- Signal 53.14 29.59 08/09/2013 0101- 43400 -62005 386026- 203068 Pumphouse #3 63.09 08/09/2013 5100- 48100 -62005 386026- 203069 Prairie Knoll Park 36.80 08/09/2013 0101- 45000 -62005 386026 - 175813 Creekview Crossing Park 13.35 08/09/2013 0101 - 45000 -62005 386026 - 175877 Street Lights 714.51 08/09/2013 0101- 43500 -62005 386026- 176059 Street Lights 1,829.30 08/09/2013 0101 - 43500 -62005 386026 - 176061 Street Lights 15,137.10 08/09/2013 0101- 43600 -62005 386026- 176201 Tower #1 17.48 08/09/2013 5100- 48100 -62005 386026- 178452 Fire Station #2 437.27 08/09/2013 0101 - 41920 -62005 386026- 178835 Lift Station #1 83.29 08/09/2013 5200- 48200 -62005 386026- 178836 13404 Narcissus St- Light 13.35 08/09/2013 0101 - 45000 -62005 386026 - 201125 Pumphouse #2 110.70 08/09/2013 5100- 48100 -62005 386026. 201125 Round Lake & 136th - Signal 17.68 08/09/2013 0101- 43400 -62005 386026 - 201283 14298 Round Lake - Signal 31.05 08/09/2013 0101 - 43400 -62005 386026- 279219 Andover Station North Ballfld 1,649.84 08/09/2013 0101 - 45000 -62005 386026- 292034 Control Vnlvc Vault 29.74 08/09/2013 5100- 48100 -62005 386026- 201816 Signal- Crosstown & Andover Blvd. 41.78 08/09/2013 0101 - 43400 -62005 386026- 266238 Andover Station II - Lights 179.55 08/09/2013 2110- 00000 -11310 386026- 295855 1019 Andover Blvd- Wayside Boni 19.69 08/09/2013 0101 - 43400 -62005 386026 - 297583 Crooked Lake Boat Shelter 17.99 08/09/2013 0101 -45000 -62005 386026- 298796 Siren #2 -174th & Round Lake Blvd. NW 5.34 08/09/2013 0101 - 42400 -62005 386026- 300403 Check Total: 71,090.58 Vendor: CorvalCo Corval Constructors, Inc Check Sequence: 21 803431 Repairs on the RTU Units 3,791.24 08/09/2013 0101 - 41910 -63105 803436 Replace Transformer & Terminal Connectors 352.96 08/09/2013 0101 - 41920 -63105 Check Total: 4,144.20 Vendor: Cottens Cottens', Inc Check Sequence: 22 949416 Disposable Respirator 18.91 08/09/2013 0101 - 43300 -61020 958322 Misc. Supplies 199.90 08/09/2013 0101 - 42200 -61020 958370 Returned Supplies -72.75 08/09/2013 6100- 48800 -61115 958660 HD30 & Fuses 29.59 08/09/2013 6100- 48800 -61115 AP- Computer Check Proof List by Vendor (08/09/2013 - 8:13 AM) ACH Enabled: False ACH Enabled: False Page 7 Invoice No Description Amount Payment Date Acct Number Reference 958684 Perfect Glass Enhancer 9.82 08/09/2013 0101- 42200 -61020 959098 Switch 45.19 08/09/2013 6100 - 48800 -61115 961388 Switch 6.48 08/09/2013 6100- 48800 -61020 961839 Oil Filters 58.48 08/09/2013 6100 -48800 -61115 962224 Oil & Air Filters 91.10 08/09/2013 6100 -48800 -61115 962885 Batteries for Unit #82 253.74 08/09/2013 6100- 48800 -61115 963637 Battery for Unit #82 126.87 08/09/2013 6100 - 48800 -61115 963666 Air Filters 31.68 08/09/2013 6100- 48800 -61115 963930 Core Credit -43.09 08/09/2013 6100- 48800 -61115 964215 Sensors 86.72 08/09/2013 6100 - 48800 -61115 964407 Wheel Seal 6.88 08/09/2013 6100 -48800 -61115 965886 Trailer Conn Socket & Plug 29.03 08/09/2013 6100 - 48800 -61115 966120 Duracoil for Unit #T-98 100.82 08/09/2013 6100- 48800 -61115 966197 Socket for Unit #203 33.17 08/09/2013 6100- 48800 -61115 966226 Misc. Supplies 21.71 08/09/2013 6100- 48800 -61020 Check Total: 1,029.25 Vendor: CountSSv Country Side Services of MN, Inc Check Sequence: 23 ACH Enabled: False 3321 W/S New I Ton Truck's Snow Plow 3,249.00 08/09/2013 5300- 48300 -65400 3321 W/S New 1 Ton Truck's Snow Plow 3,249.00 08/09/2013 5200- 48200 -65400 Check Total: 6,498.00 Vendor: CtyMarke County Market Check Sequence: 24 ACH Enabled: False 58 Misc. Supplies 81.86 08/09/2013 0101 - 42200 -61020 Check Total: 81.86 Vendor: ContyMat County Materials Corporation Check Sequence: 25 ACH Enabled: False 2225563 -00 Misc. Supplies 1,652.93 08/09/2013 5300- 48300 -61145 Check Total: 1,652.93 Vendor: Crabtree Crabtree Companies, Inc. Check Sequence: 26 ACH Enabled: False 118346 Freight for Toner 7.48 08/09/2013 0101 - 41930 -61020 118346 Savin Copier Lease 100.46 08/09/2013 0101- 41930 -62200 118383 Software Maintenance Contract 5,329.28 08/09/2013 0101- 41420 -62305 Check Total: 5,437.22 Vendor: CrookLak Crooked Lake Area Association Check Sequence: 27 ACH Enabled: False 62413 -1 Treatment of Crooked Lake 2,298.40 08/09/2013 5300- 48300 -63010 AP- Computer Check Proof List by Vendor (08/09/2013 - 8:13 AM) Page 8 Invoice No Description Amount Payment Date Acct Number Reference AP- Computer Check Proof List by Vendor (08/09/2013 - 8:13 AM) Page 9 Check Total: 2,298.40 Vendor: DehnOil Dehn Oil Company Check Sequence: 28 ACH Enabled: False 26870 Unleaded Fuel 2,542.20 08/09/2013 6100- 48800 -61045 26871 Diesel Fuel 4,182.00 08/09/2013 6100- 48800 -61050 Check Total: 6,724.20 Vendor: DiscStee Discount Steel Inc. Check Sequence: 29 ACH Enabled: False 01905630 Tubing 128.25 08/09/2013 0101- 43300 -61005 Check Total: 128.25 Vendor: ECM ECM Publishers, Inc. - Check Sequence: 30 ACH Enabled: False IQ 01817335 Legal Ord 427 189.63 08/09/2013 0101 - 41500 -63025 Check Total: 189.63 Vendor: EcolabVc Ecolab Vehicle Care Division Check Sequence: 31 ACH Enabled: False 2351707 - Rain -X 256.58 08/09/2013 6100- 48800 -61020 2351707 Rain -X 256.57 08/09/2013 0101- 42200 -61020 2354623 Hydrofoamer 52.42 08/09/2013 6100- 48800 -61020 Check Total: 565.57 Vendor: EliteSan lilite Sanitation Check Sequence: 32 ACH Enabled: False 21329 Portable'roilet Rental 1,463.96 08/09/2013 0101 - 45000 -62200 21329 Portable Toilet Rental 867.36 08/09/2013 0101- 00000 -24201 21329 Portable Toilet Rental 183.72 08/09/2013 0101- 00000 -24201 Check Total: 2,515.04 Vendor: EmerAppa Emergency Apparatus Maint Check Sequence: 33 ACH Enabled: False 68951 Labor for Unit #4808 118.50 08/09/2013 6100 - 48800 -63135 69105 Labor to Repair Unit #4885 207.38 08/09/2013 6100- 48800 -63135 69108 Parts to Repair Unit #4885 51.99 08/09/2013 6100- 48800 -61115 Check Total: 377.87 Vendor: FIRE F.I.R.E. Check Sequence: 34 ACH Enabled: False 334 Flrc Apparatus Operator Training 1,500.00 08/09/2013 0101- 42200 - 61315 Check Total: 1,500.00 AP- Computer Check Proof List by Vendor (08/09/2013 - 8:13 AM) Page 9 Invoice No Description Amount Payment Date Acct Number Reference Vendor: FacMotor Factory Motor Parts Company Check Sequence: 35 ACH Enabled: False 1- 4202137 Core Credit -14.96 08/09/2013 6100 - 48800 -61115 1- 4225861 FVP 3ET 241.43 08/09/2013 6100 - 48800 -61115 1- 4233712 Returned Parts - 120.72 08/09/2013 6100- 48800 -61115 1- 4235306 Batteries 347.56 08/09/2013 6100- 48800 -61115 6- 1332476 Returned Parts - 120.72 08/09/2013 6100- 48800 -61115 6- 1333564 Misc. Supplies 326.27 08/09/2013 6100- 48800 -61020 Check Total: 658.86 Vendor: Fastenal Fastenal Company Check Sequence: 36 ACH Enabled: False MNTC899668 Misc. Supplies 10.77 08/09/2013 6100 - 48800 -61020 Check Total: 10.77 Vendor: FlatRkGc Flat Rock Geographies Check Sequence: 37 ACH Enabled: False 709 GeoMoose Update 287.50 08/09/2013 0101 - 41420 -63005 Check Total: 287.50 Vendor: FletPrid FleetPride Truck & Trailer Parts Check Sequence: 38 ACH Enabled: False 55477282 Parts for Unit #200 - 181.00 08/09/2013 6100 - 00000 -20301 55477282 Parts for Unit #200 2,818.52 08/09/2013 6100- 48800 -61115 Check Total: 2,637.52 Vendor: G&K G&K Services Check Sequence: 39 ACH Enabled: False 1182649158 Uniform Cleaning 24.15 08/09/2013 6100- 48800 -61020 1182649158 Uniform Cleaning 169.23 08/09/2013 0101 - 43100 -61020 1182649158 Uniform Cleaning 24.19 08/09/2013 0101- 43300 -61020 1182649158 Unifonn Cleaning 72.52 08/09/2013 0101 - 45000 -61020 1182649158 Uniform Cleaning 24.18 08/09/2013 5100- 48100 -61005 1182649158 Uniform Cleaning 48.34 08/09/2013 5200- 48200 -61005 1182649159 Floor Mat Rental 59.60 08/09/2013 0101 - 41930 -62200 1182649160 Floor Mat Rental 36.94 08/09/2013 0101 - 41910 -62200 Check Total: 459.15 Vendor: GovConn GovConnection, Inc. Check Sequence: 40 ACH Enabled: False 50475433 Keyboard 37.24 08/09/2013 0101 - 41420 -61225 Check Total: 37.24 Vendor: HachCo Hach Company Check Sequence: 41 ACH Enabled: False AP- Computer Check Proof List by Vendor (08/09/2013 - 8:13 AM) Page 10 Invoice No Description Amount Payment Date Acct Number Reference 8410226 Wiper 77.56 08/09/2013 5100- 48100 -61135 Check Total 77.56 Vendor: Hawkins2 Hawkins Inc Check Sequence: 42 ACH Enabled: False 3487744 Chemicals for Water Treatment Plant 4,014.36 08/09/2013 5100 -48100 -61040 3490492 Chemicals for Water Treatment Plant 4,681.00 08/09/2013 5100- 48100 -61040 3490943 Pump 1,787.55 08/09/2013 5100- 48100 -61005 Check Total: 10,482.91 Vendor: I-IDSu PP W, HD Supply Waterworks , LTD. Check Sequence: 43 ACH Enabled: False Bt67706 Misc. Supplies for Storm Sewers 1,126.94 08/09/2013 5300- 48300 -61145 Check Total: 1,126.94 Vendor: InterBat Interstate All Battery Center Check Sequence: 44 ACH Enabled: False 136448 Batteries 39.67 08/09/2013 0101 - 43300 -61105 Check Total: 39.67 Vendor: KnutsMel Melissa Knutson Check Sequence: 45 ACI I Enabled: False 2013 Day Care Flex Acct 1,050.00 08/09/2013 0101- 00000 -21211 Check Total: 1,050.00 Vendor: Lawson Lawson Products, Inc. Check Sequence: 46 ACH Enabled: False 9301791473 Misc. Supplies 233.77 08/09/2013 6100 -48800 -61020 Check Total 233.77 Vendor: LegShiel Legal Shield Check Sequence: 47 ACH Enabled: False 0031833 August 2013 Premium 213.85 08/09/2013 0101 - 00000 -21219 Check Total: 213.85 Vendor: Lehmanns Lehmann's Check Sequence: 48 ACH Enabled: False 176841 Oil Seal for Unit #611 7.25 08/09/2013 6100 - 48800 -61115 Check Total: 7.25 Vendor: LubrTech Lithe Tech ESI Check Sequence: 49 ACH Enabled: False 2115 Grease Swivel 293.10 08/09/2013 6100- 48800 -61020 Check Total: 293.10 AP- Computer Check Proof List by Vendor (08/09/2013 - 8:13 AM) Page 11 ❑ voice No Description Amount Payment Date Acct Number Reference Vendor: MainMo Main Motors Chev - Cadillac Check Sequence: 50 ACH Enabled: False 290706 Parts for Unit #4801 86.77 08/09/2013 6100 - 48800 -61115 Check Total: 86.77 Vendor: Menards Menards Check Sequence: 51 ACH Enabled: False 28773 Concrete Mix for Prairie Knoll Park 260.97 08/09/2013 0101- 45000 -61105 29031 8" Blk Tie I000/Bag for Fun Pest 21.34 08/09/2013 0101 - 41910 -61020 29066 5' Steel Fence Post for Fun Fest 67.01 08/09/2013 0101- 41910 -61020 29397 Paint Supplies 18.63 08/09/2013 0101- 45000 -61105 . 29582 Shovel & Drain Spade 48.04 08/09/2013 0101- 41930 -61020 29800 Misc. Supplies 6.37 08/09/2013 0101- 45000 -61105 29810 Cedar 50.16 08/09/2013 0101- 45000 -61020 30028 Propane Torch Kit 49.15 08/09/2013 0101 - 43100 -61020 30030 Misc. Supplies 84.52 08/09/2013 0101- 43100 -61020 30060 Misc. Supplies 37.10 08/09/2013 0101 - 43100 -61020 30107 EMT Conduit 24.24 08/09/2013 0101- 43100 -61020 30188 Misc. Supplies 25.09 08/09/2013 0101- 45000 -61020 30217 Misc. Supplies 17.57 08/09/2013 0101 - 43100 -61020 Check Total: 710.19 Vendor: MetroFir Metro Fire Check Sequence: 52 ACH Enabled: False 47802 6' Pike Pole 71.88 08/09/2013 0101 - 42200 -61020 Check Total: 71.88 Vendor: Mickman Mickman Brothers Inc. Check Sequence: 53 ACH Enabled: False SERV0010869 Wal -Mart at Andover Station 463.00 08/09/2013 7200 - 00000 -24207 Check Total: 463.00 Vendor: Microsof Microsoft Corporation Check Sequence: 54 ACH Enabled: False C100043982 Licenses 280.00 08/09/2013 0101 - 41420 -61320 Check Total: 280.00 Vendor: MNArson Minnesota Chapter Int'l Check Sequence: 55 ACH Enabled: False Registration for Seminar 35.00 08/09/2013 0101 - 42200 -61315 Check Total: 35.00 Vendor: MTIDist MTI Distributing Inc Check Sequence: 56 ACH Enabled: False 910280 -00 Hydraulic Tube for Unit 4583 148.04 08/09/2013 6100 - 48800 -61115 AP- Computer Check Proof List by Vendor (08/09/2013 - 8:13 AM) Page 12 Invoice No Description Amount Payment Date Acct Number Reference 911859 -00 Return Wrong Pipe - 135.46 08/09/2013 6100 - 48800 -61115 91.6278 -00 Misc. Parts 198.77 08/09/2013 6100- 48800 -61115 916649 -00 V -Belt for Unit #585 124.17 08/09/2013 6100- 48800 -61115 Check Total: 335.52 Vendor: MYERS Myers Tire Supply Company Check Sequence: 57 ACH Enabled: False 31509836 Misc. Supplies 130.15 08/09/2013 6100- 48800 -61020 Check Total: 130.15 Vendor: NIHHomes NIH Homes, LLC Check Sequence: 58 ACH Enabled: False 15229 - Escrow 15229 Verdin Street NW 6,431.00 08/09/2013 7200 - 00000 -24204 15229 -Insp Fee 15229 Verdin Street NW -50.00 08/09/2013 0101 - 41600 -54180 Check Total: 6,381.00 Vendor: OReiAuto O'Reilly Auto Parts Check Sequence: 59 ACH Enabled: False 3253- 401539 Parts for Unit #11 109.45 08/09/2013 6100 -48800 -61115 3253- 401602 Return Knock Sensor for Unit #11 -33.67 08/09/2013 6100- 48800 -61115 Check Total: 75.78 Vendor: OffDepot Office Depot Check Sequence: 60 ACM Enabled: False 669157774001 Cii Office Depot Supplies 16.94 08/09/2013 0101 - 41200 -61005 669157774001 Office Supplies 20.88 08/09/2013 0101 - 41300 -61005 669157774001 CH Office Depot Supplies 16.93 08/09/2013 0101 -41600 -61005 669157774001 CH Office Depot Supplies 28.23 08/09/2013 0101 - 42300 -61005 669157774001 CH Office Depot Supplies 11.29 08/09/2013 0101 - 41230 -61005 669157774001 CH Office Depot Supplies 5.64 08/09/2013 0101 - 41300 -61005 669157774001 CH Office Depot Supplies 11.29 08/09/2013 0101- 41400 -61005 669157774001 CI-I Office Depot Supplies 22.58 08/09/2013 0101- 41500 -61005 669157884001 CH Office Depot Supplies 4.25 08/09/2013 0101- 41600 -61005 669157884001 CH Office Depot Supplies 7.09 08/09/2013 0101- 42300 -61005 669157884001 CH Office Depot Supplies 2.83 08/09/2013 0101 - 41230 -61005 669157884001 CH Office Depot Supplies 1.42 08/09/2013 0101- 41300 -61005 669157884001 CH Office Depot Supplies 2.83 08/09/2013 0101 - 41400 -61005 669157884001 CI-I Office Depot Supplies 4.25 08/09/2013 0101 - 41200 -61005 669157884001 CH Office Depot Supplies 5.67 08/09/2013 0101- 41500 -61005 Check Total: 162.12 Vendor: Parent Parent Building Check Sequence: 61 ACH Enabled: False 16528- Escrow 16528 Uplander St. NW 500.00 08/09/2013 7200- 00000 -24204 AP- Computer Check Proof List by Vendor (08/09/2013 - 8:13 AM) Page 13 Invoice No Description Amount Payment Date Acct Number Reference 16528 -Insp Fee 16528 Uplander St. NW -50.00 08/09/2013 0101- 41600 -54180 Check Total: 450.00 Vendor: Plunkett Plunkett's Pest Control, Inc. Check Sequence: 62 ACH Enabled: False 3763105 Pest Control 71.67 08/09/2013 2130 -44000 -63005 3765473 Pest Control 122.27 08/09/2013 0101- 41970 -63005 Check Total: 193.94 Vendor: Postmast Postmaster Check Sequence: 63 ACH Enabled: False Sept -Dec 2013 Postage for Newsletter 3,300.00 08/09/2013 0101 - 41210 -61405 Check Total: 3,300.00 Vendor: PrairRes Prairie Restorations, Inc. Check Sequence: 64 ACH Enabled: False 0025835 Kelsey Round Lake Park 1,899.84 08/09/2013 0101- 45000 -63010 Check Total: 1,899.84 Vendor: Praxair Praxair Distribution Inc. Check Sequence: 65 ACH Enabled: False 46817827 Misc. Supplies 225.88 08/09/2013 6100- 48800 -61020 Check Total: 225.88 Vendor: RandyEnv Randy's Environmental Services Check Sequence: 66 ACH Enabled: False 1831066 Remove 8 - 95 Gallon Carts 290.76 08/09/2013 0101 -46000 -63010 Check Total: 290.76 Vendor: RoshauTr Tricia Roshau Check Sequence: 67 ACH Enabled: False 00020441 Learn to Skate Refund 35.00 08/09/2013 2130- 44300 -55511 Check Total: 35.00 Vendor: RoyalTi Royal Tire Inc Check Sequence: 68 ACH Enabled: False M120009039 Casing Credit - 100.00 08/09/2013 6100 - 48800 -61115 N080062070 Tire for Unit #T-98 201.58 08/09/2013 6100- 48800 -61115 T200579070 Tire for Unit #16 369.72 08/09/2013 6100- 48800 -61115 T200579071 Tire for Unit #80 581.61 08/09/2013 6100- 48800 -61115 T200579072 Tire for Unit #T-554 453.11 08/09/2013 6100 - 48800 -61115 Check Total: 1,506.02 Vendor: RUFFRI Ruffridge- Johnson Equipment Check Sequence: 69 ACH Enabled: False AP- Computer Check Proof List by Vendor (08/09/2013 - 8:13 AM) Page 14 Invoice No Description Amount Payment Date Acct Number Reference C64165 Misc. Parts 988.33 08/09/2013 6100- 48800 -61115 Check Total: 988.33 Vendor: RUSSEL Irwin Russell Check Sequence: 70 ACH Enabled: False Med Reimburse for First Health Part D 399.20 08/09/2013 7100 - 00000 -21218 Check Total: 399.20 Vendor: S&TOftic S & T OBice Products, Inc. Check Sequence: 71 ACH Enabled: False O1PX2257 Copy Paper 583.54 08/09/2013 0101 - 41420 -61005 Check Total: 583.54 Vendor: SkogBldr Skoguist Builders Check Sequence: 72 ACH Enabled: False 4228 - Escrow 4228 161st Lane NW 2,681.00 08/09/2013 7200 - 00000 -24204 4228 -Insp Fee 4228 161st Lane NW -50.00 08/09/2013 0101 - 41600 -54180 - Check Total: 2,631.00 Vendor: SmithBr Smith Brothers Decorating Check Sequence: 73 ACH Enabled: False 19841 Paint & Dust Mask 178.99 08/09/2013 5100- 48100 -61110 Check Total: 178.99 Vendor: SuburbLa Suburban Lawn Center Check Sequence: 74 ACH Enabled: False P03640 Misc.Supplies, 12.64 08/09/2013 6100- 48800 -61020 P05845 Trimmer 213.70 08/09/2013 0101 - 45000 -61205 Check Total: 226.34 Vendor: SutherEr Erick Sutherland Check Sequence: 75 ACH Enabled: False 2013 Day Care Flex Acct 832.00 08/09/2013 0101- 00000 -21211 Check Total: 832.00 Vendor: TalbLawn Talberg Lawn & Landscape, Inc Check Sequence: 76 ACH Enabled: False 125241 2013 Lawn Service @ Fire Station 43 197.07 08/09/2013 0101 - 41920 -63010 125242 2013 Lawn Service @ Fire Station 42 233.02 08/09/2013 0101 - 41920 -63010 125243 2013 Lawn Service @ Fire Station 41 334.32 08/09/2013 0101- 41920 -63010 125244 2013 Lawn Service @ Comm Ctr 486.11 08/09/2013 2130- 44000 -63010 125245 2013 Lawn Service @ City Hall 237.64 08/09/2013 0101 - 41910 -63010 Check Total: 1,488.16 AP- Computer Check Proof List by Vendor (08/09/2013 - 8:13 AM) Page 15 Invoice No Description Amount Payment Date Acct Number Reference Vendor: LincolnN The Lincoln National Life BL- 359723 August 2013 STD Premium BL- 359723 August 2013 LTD Premium Check Total: Vendor: TheWatso The Watson Co., Inc. 829373 Resale Items forSunshine Concessions 829374 Resale Items for ASN Concessions 829467 Resale Items for ASN Concessions Check Total: Vendor: Timesave Timesaver M19928 Park & Recreation Meeting M19928 City Council Meeting ACH Enabled: False Check Total: Vendor: TruGrcen TruGrcen 6613001709 Weed Control 6613001848 Weed Control 6613001849 Weed Control 6613041693 Weed Control 6613041694 Weed Control 6613041695 Weed Control 6613041696 Weed Control 6613053661 Weed Control Check Total: Vendor: USBankEq US Bank Equipment Finance 233491281 Sharp Copier Lease 129.00 Check Total: Vendor: USAMobil USA Mobility Wireless, Inc. W3754342G Monthly Pager Service Check Total: Vendor: VanceBro Vance Brothers, Inc. 24823 CRS -2 Patch Mix Check Sequence: 81 ACH Enabled: False 443.60 08/09/2013 0101 - 41420 -62200 443.60 Check Sequence: 82 ACH Enabled: False 27.18 08/09/2013 5100- 48100 -62030 27.18 Check Sequence: 83 ACH Enabled: False 784.52 08/09/2013 0101- 43100 -61125 AP- Computer Check Proof List by Vendor (08/09/2013 - 8:13 AM) Page 16 Check Sequence: 77 ACH Enabled: False 269.99 08/09/2013 0101- 00000 -21217 778.48 08/09/2013 0101- 00000 -21216 1,048.47 Check Sequence: 78 ACH Enabled: False 1,274.75 08/09/2013 0101- 41975 -61245 754.12 08/09/2013 0101- 41985 -61245 43.40 08/09/2013 0101 - 41985 -61245 2,072.27 Check Sequence: 79 ACH Enabled: False 129.00 08/09/2013 0101 - 45000 -63005 246.43 08/09/2013 0101 - 41100 -63005 375.43 Check Sequence: 80 ACH Enabled: False 90.84 08/09/2013 0101- 41920 -63010 232.99 08/09/2013 5100- 48100 -63010 94.05 08/09/2013 5100- 48100 -63010 35.27 08/09/2013 5200- 48200 -63010 42.75 08/09/2013 5100- 48100 -63010 35.27 08/09/2013 5200 -48200 -63010 38.48 08/09/2013 5100- 48100 -63010 197.72 08/09/2013 5100- 48100 -63010 Check Sequence: 81 ACH Enabled: False 443.60 08/09/2013 0101 - 41420 -62200 443.60 Check Sequence: 82 ACH Enabled: False 27.18 08/09/2013 5100- 48100 -62030 27.18 Check Sequence: 83 ACH Enabled: False 784.52 08/09/2013 0101- 43100 -61125 AP- Computer Check Proof List by Vendor (08/09/2013 - 8:13 AM) Page 16 Invoice No Description Amount Payment Date Acct Number Reference Vendor: WasMgmt2 6693398- 0500 -6 6693399- 0500 -4 6693400- 0500 -0 6693401- 0500 -8 6693402- 0500 -6 6699285- 0500 -9 6699285- 0500 -9 6699285- 0500 -9 6699379- 0500 -0 Check Total Waste Management - Blaine July 2013 Garbage Service July 2013 Garbage Service July 2013 Recycling Center August 2013 Garbage Service July 2013 Garbage Scrvice PW Garbage Disposal PW Garbage Disposal PW Garbage Disposal July 2013 Plastic & Alurn Can Recycling Check Total Vendor: WellsFar Wells Fargo Bank Comoputer Upgrades Tools Misc. Supplies Tools Parts for Units #569 & #6 Misc. Supplies Postage Misc. Supplies Misc. Supplies Lodging for Conference Registration for Conference Misc. Supplies Amoral Dues Misc. Supplies Misc. Supplies Flash Light I -Pad Service Laptop Backup Council Workshop Misc. Supplies Misc. Supplies Parts for Units #4813/09591/13102 /1394 Tools Gof Event Gof Event 2013 Street Reconstruction 784.52 2,328.65 Check Sequence: 84 77.00 08/09/2013 0101- 41920 -63010 71.55 08/09/2013 0101 - 41920 -63010 284.33 08/09/2013 0101 - 46000 -63010 139.07 08/09/2013 0101 - 41920 -63010 120.77 08/09/2013 0101 - 41910 -63010 207.75 08/09/2013 0101- 46000 -62020 502.97 08/09/2013 0101- 45000 -62020 382.69 08/09/2013 0101 - 41930 -62020 542.52 08/09/2013 0101 - 46000 -63010 2,328.65 ACH Enabled: False ACH Enabled: False AP- Computer Check Proof List by Vendor (08/09/2013 - 8:13 AM) Page 17 Check Sequence: 85 237.61 08/09/2013 0101 - 41420 -61225 231.37 08/09/2013 5100- 48100 -61205 42.84 08/09/2013 5100- 48100 -61005 352.63 08/09/2013 0101 - 41930 -61205 454.65 08/09/2013 6100- 48800 -61115 24.60 08/09/2013 5100- 48100 -61105 53.14 08/09/2013 5100- 48100 -61405 207.96 08/09/2013 2130- 44400 -61020 32.40 08/09/2013 0101- 41975 -61020 300.00 08/09/2013 2130 - 44300 -61310 440.00 08/09/2013 2130 - 44300 -61315 179.81 08/09/2013 5300- 48300 -61105 89.95 08/09/2013 2110 - 46500 -61320 155.98 08/09/2013 0101- 45000 -61105 15.81 08/09/2013 0101- 45000 -61020 16.06 08/09/2013 0101 - 41200 -61005 13.96 08/09/2013 0101 - 41200 -61325 85.49 08/09/2013 0101 - 41200 -61005 76.06 08/09/2013 0101 - 41100 -61310 784.35 08/09/2013 0101 - 42200 -61020 80.46 08/09/2013 0101- 42200 -61020 100.62 08/09/2013 6100 -48800 -61115 48.64 08/09/2013 6100 -48800 -61205 50.02 08/09/2013 2110 - 46500 -61020 183.93 08/09/2013 2110- 46500 -61020 400.00 08/09/2013 4140 - 49300 -63005 ACH Enabled: False ACH Enabled: False AP- Computer Check Proof List by Vendor (08/09/2013 - 8:13 AM) Page 17 Invoice No Description Amount Payment Date Acct Number Reference Total for Check Run: Total of Number of Checks: AP- Computer Check Proof List by Vendor (08/09/2013 - 8:13 AM) 210,365.56 an Page 18 Tools 49.00 08/09/2013 0101 - 41600 -61205 Computer 748.77 08/09/2013 5100- 48100 -61210 Pop Machine 46.74 08/09/2013 7100- 00000 -24208 Subscription 35.00 08/09/2013 0101 - 43200 -61325 Check Total: 5,537.85 Vendor: WelFarTr Wells Fargo Bank, N.A. Check Sequence: 86 ACH Enabled: False 8374047 2013 2nd Qtr HSA Fee 348.75 08/09/2013 6200 - 48900 -63005 Check Total: 348.75 Vendor: WHSecuri WH Security Check Sequence: 87 ACH Enabled: False 150- 1681 -3487 Security System @ Sunshine Park 23.46 08/09/2013 0101- 41970 -63010 150 -1682 -7288 Security System @ Andover Station No. 40.56 08/09/2013 0101 - 41980 -63010 Check Total: 64.02 Vendor: WoodCree Woodland Creek Golf Villas Assoc. Check Sequence: 88 ACH Enabled: False S Coon Creek Dr Reconstruct 303.76 08/09/2013 4140 - 49300 -63010 Check Total: 303.76 Vendor: WSB WSB &Associates, Inc. Check Sequence: 89 ACM Enabled: False 1 Nightingale St Reconstruction 1,403.00 08/09/2013 4180- 49300 -63005 11 Miller's Woods 3rd Addition 85.00 08/09/2013 7200 - 00000 -24203 4 Miller's Woods 41h Addition 1,671,75 08/09/2013 7200- 00000 -24203 7 Sports Complex - 3535 161 st Ave 3,966.25 08/09/2013 4180 - 49300 -63005 Check Total: 7,126.00 Vendor: Ziegler Ziegler, Inc. Check Sequence: 90 ACH Enabled: False E6234658 Service Contract for Lift Station 41 199.00 08/09/2013 5200- 48200 -62300 E7259132 Service Contract for Lift Station #4 269.00 08/09/2013 5200- 48200 -62300 E8643901 Service Contract 647.96 08/09/2013 5100- 48100 -62300 Check Total: 1,115.96 Total for Check Run: Total of Number of Checks: AP- Computer Check Proof List by Vendor (08/09/2013 - 8:13 AM) 210,365.56 an Page 18 Accounts Payable Computer Check Proof List by Vendor User: BrendaF Printed: 08/15/2013 - 2:33PM Batch: 00412.08.2013 Invoice No Description Amount Payment Date Acct Number C I T Y OF DOVER Reference Vendor: Fmttalo Frattallone's Hardware Sto Check Sequence: I ACH Enabled: False 19265 Universal Satin White 25.62 08/16/2013 0101- 43300 -61030 19292 Shoat Ring Hill Hump #!2 7.03 08/16/2013 0101 - 43100 -61020 19308 Misc. Supplies 30.62 08/16/2013 6100 - 48800 -61020 19310 Brush Cleaner & Kerosene 33.95 08/16/2013 5100- 48100 -61105 19313 Universal Satin White 25.62 08/16/2013 0101 - 43300 -61020 19319 Universal Satin White 17.08 08/16/2013 0101- 43300 -61020 19328 Fasteners .2.14 08/16/2013 5100- 48100 -61105 19339 Nozzle Gune Cushion Grip '9.61 08/16/2013 6100 -48800 -61115 19341 Nightingale St Reconstruction 18.07 08/16/2013 4140 - 49300 -61130 19342 Line Chalk Refill 9.06 08/16/2013 0101- 43300 -61020 19368 Locking Plier 17.62 08/16/2013 0101 -43300 -61105 19388 Spray Paint & Primmer 16.53 08/16/2013 0101 - 43300 -61030 19429 Couple Setscrew 7.61 08/16/2013 0101 - 43100 -61020 19439 Spray for wasp 10.67 08/16/2013 0101- 43300 -61020 19440 Roundup 41.63 08/16/2013 5100- 48100 -61105 19445 Wasp Spray 41.62 08/16/2013 0101- 45000 -61020 19453 PVC Cap 2.98 08/16/2013 0101 -41600 -61005 19493 Rivet Stl 4.26 08/16/2013 0101- 43100 -61020 19499 Misc. Supplies 54.25 08/16/2013 0101- 43300 -61105 Check Total: 375.97 Vendor: USEnergy U.S. Energy Services, Inc. Check Sequence: 2 ACH Enabled: False 5852862 Community Center 6,033.09 08/16/2013 2130 - 44000 -62015 5950574 Public Works 105.11 08/16/2013 0101- 41930 -62015 Check Total: 6,138.20 AP- Computer Check Proof List by Vendor (08/15/2013 - 2:33 PM) Page 1 Invoice No Description Amount Payment Date Acct Number Reference Total for Check Run: 6,514.17 Total of Number of Checks: AP- Computer Check Proof List by Vendor (08/15/2013 - 2:33 PM) Page 2 Accounts Payable Computer Check Proof List by Vendor User: BrendaF Printed: 08/15/2013 - 2:52PM Batch: 00420.08.2013 Invoice No Description Amount Payment Date Acct Number ANL6 6WR jL Reference Vendor: CenterLi Centerline Tank & Trailer Check Sequence: 1 ACH Enabled: False 7418 Parts for Repairs on Unit #161 5,645.73 08/20/2013 6100 - 48800 -61115 7418 Labor for Repairs on Unit #161 12,860.88 08/20/2013 6100- 48800 -63135 Check Total: 18,506.61 Vendor: Hawkinsl Hawkins & Baumgartner, P.A. Check Sequence: 2 ACH Enabled: False July 2013 Andover Station North 323.61 08/20/2013 4501- 49300 -63015 July 2013 July 2013 Legal Services 14,457.10 08/20/2013 0101 - 41240 -63015 Check Total: 14,780.71 Vendor: MctCounNk Metro Council Wastewater Check Sequence: 3 ACH Enabled: False 1023453 September 2013 Waste Water Services 81,903.95 08/20/2013 5200- 48200 -63230 Check Total: 81,903.95 Vendor: MetCounE Metropolitan Council Check Sequence: 4 ACH Enabled: False July July 2013 Sac Report - 121.75 08/20/2013 0101 - 41400 -58100 July July 2013 Sac Report 12,175.00 08/20/2013 0101 - 00000 -23201 Check Total: 12,053.25 Vendor: MunBuild Municipal Builders, Inc. Check Sequence: 5 ACH Enabled: False Payment I Sports Complex - 3535 161st Ave 86,466.15 08/20/2013 4180- 49300 -63010 Check Total: 86,466.15 Vendor: OmannBro Omann Brothers Paving, Inc. Check Sequence: 6 ACH Enabled: False 23207 Relocation of Recycling Center 20,865.90 08/20/2013 0101- 41600 -63010 Check Total: 20,865.90 Vendor: PearsonB Pearson Brothers, Inc. Check Sequence: 7 ACH Enabled: False AP- Computer Check Proof List by Vendor (08/15/2013 - 2:52 PM) Page 1 Invoice No Description Amount Payment Date Acct Number Reference Payment #1 - 2013 Seal Coating 275,016.07 08/20/2013 4140 - 49300 -63010 Check Total: 275,016.07 Total for Check Run: 509,592.64 Total of Number of Checks: 7 AP- Computer Check Proof List by Vendor (08/15/2013 - 2:52 PM) Page 2 C I T Y O F ND OVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator FROM: David L. Carlberg, Community Development Director SUBJECT: Approve Resolution Calling for a Public Hearing for the Proposed Adoption of the Modification to the Development Program for Development District No. 1, and the Proposed Establishment of Tax Increment Financing District No. 1 -6 and the Proposed Adoption of a Tax Increment Financing Plan thereof DATE: August 20, 2013 INTRODUCTION The City Council is requested by the Andover Economic Development Authority (EDA) to approve a Resolution Calling for a Public Hearing for the Proposed Adoption of the Modification to the Development Program for Development District No. 1, and the Proposed Establishment of Tax Increment Financing District No. 1 -6 and the Proposed Adoption of a Tax Increment Financing Plan thereof. DISCUSSION The purpose for the creation of TIF District 1 -6 is to provide financial assistance to assist a light manufacturing company who proposes to build a 25,000 s.f. facility that will bring 100+ jobs to the community. The City Council finds that without this assistance, the project would not happen. ACTION REQUESTED Approve the attached resolution calling for a Public Hearing for the Proposed Adoption of the Modification to the Development Program for Development District No. 1, and the Proposed Establishment of Tax Increment Financing District No. 1 -6 and the Proposed Adoption of a Tax Increment Financing Plan thereof. Attachments Resolution Calling for the Public Hearing Respectfully submitted, 4Le /' clt� David L. Carlberg CITY OF ANDOVER ANOKA COUNTY STATE OF MINNESOTA RESOLUTION NO. RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY COUNCIL ON THE PROPOSED ADOPTION OF A MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 AND THE PROPOSED ESTABLISHMENT OF TAX INCREMENT FINANCING DISTRICT NO. 1 -6 THEREIN AND THE ADOPTION OF THE TAX INCREMENT FINANCING PLAN THEREFOR. BE IT RESOLVED by the City Council (the "Council ") for the City of Andover, Minnesota (the "City "), as follows: Section 1. Public Hearin e. This Council shall meet on October 1, 2013, at approximately 7:00 P.M., to hold a public hearing on the proposed adoption of a Modification to the Development Program for the Development District No. 1, the proposed establishment of Tax Increment Financing District No. 1 -6, (an economic development district), and the proposed adoption of a Tax Increment Financing Plan therefor, all pursuant to and in accordance with Minnesota Statutes, Sections 469.090 to 469.1082 , and Sections 469.174 to 469.1794, inclusive, as amended, in an effort to encourage the development and redevelopment of certain designated areas within the City; and Section 2. Notice of Public Hearing Filing of Plans. City staff is authorized and directed to work with Ehlers to prepare a Modification to the Development Program for Development District No. 1 and a Tax Increment Financing Plan for Tax Increment Financing District No. 1 -6 and to forward documents to the appropriate taxing jurisdictions including Anoka County and Independent School District No. 11. The City Administrator is authorized and directed to cause notice of the hearing, together with an appropriate map as required by law, to be published at least once in the official newspaper of the City not later than 10, nor more than 30, days prior to October 1, 2013, and to place a copy of the Plans on file in the City Administrator's office at City Hall and to make such copy available for inspection by the public. Dated: August 20, 2013. Adopted: Mike Gamache, Mayor ATTEST: Jim Dickinson, City Administrator • A (:i) 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Approve Purchase Agreement — 3200 South Coon Creek Drive — PID# 29- 32 -24 -44 -0022 DATE: August 20, 2013 INTRODUCTION This item is in regards to approving a purchase agreement to purchase property at 3200 South Coon Creek Drive in Andover. The property is currently owned by Olvan Properties, LLC and is the former Woodland Creek Golf Course. A significant portion of the property is proposed to be sold containing a conservation easement ($5,582.50/ acre) as part of the 2013 Wetland Band Road Program administered by the Minnesota Board of Water and Soil Resources (BWSR), the residual will be repurposed or sold. DISCUSSION The City of Andover has offered to pay $375,000 (Three - hundred seventy -five thousand and 00 /100 dollars) for the property at 3200 South Coon Creek Drive, Andover, MN. The City offer contained in the purchase agreement includes the following terms: 1. Olvan Properties will allow right of entry allowing the City the ability to fully inspect the property and cooperate by signing a 2013 Wetland Bank Road Program Conservation Easement Assessment form and allow and/or authorize the City to fully participate in the application review process with the Minnesota Board of Water and Soil Resources. 2. Offer is contingent on the property being awarded a 2013 Wetland Bank Road Program Conservation Easement of at least 60 acres. (Scheduled for August 29th) 3. Offer is contingent on Olvan Properties being able to provide a clean title to the City, lien, judgment and mortgage free. 4. Olvan Properties shall pay on date of closing all special assessments levied or pending against the property as of the date of closing. 5. City will pay a total of up to $12,000 for current year (2013) and 2012 delinquent real estate taxes due at date of closing. 6. Olvan Properties will pay for prorated current year (2013) property taxes and 2012 delinquent real estate taxes exceeding the City's total contribution of up to $12,000 towards these taxes, with Olvan Properties' payment due at date of closing. 7. Olvan Properties will provide the following disclosures: a. Individual sewage treatment system(s) b. Well and fuel tank c. Property owners association involvement d. Environmental contamination. The purchase agreement was prepared by the City Attorney and City Administration. At time of preparation of this staff report, City Administration was in the processes of securing the sellers signature on the attached Purchase Agreement. The seller has indicated they are in agreement with the Purchase Agreement. ACTION REQUESTED The City Council will be requested to approve the attached Purchase Agreement. submitted, — Purchase Agreement PURCHASE AGREEMENT 1. PARTIES. This Purchase Agreement is made on , 2013, by and between Olvan Properties, LLC, a Minnesota limited liability company ( "Seller "), having an addresses for notices of 3200 South Coon Creek Drive, Andover, MN 55304, and City of Andover ( "Buyer "), a Minnesota municipal corporation having an address for notices of 1685 Crosstown Boulevard, N.W., Andover, MN 55304. 2. OFFER/ACCEPTANCE. Buyer agrees to purchase and Seller agrees to sell that portion of real property outlined in black and labeled as #Ion Exhibit A attached hereto and made a part hereof, located at 3200 South Coon Creek Drive in the City of Andover, County of Anoka, State of Minnesota, PID# 29- 32 -24 -44 -0022 (the "Property "). 3. PRICE AND TERMS. The purchase price for the Property (the "Purchase Price ") shall be Three Hundred Seventy -Five Thousand and 00 /100 Dollars ($375,000.00), which Buyer shall pay on October 1, 2013 ( "Date of Closing "), provided Buyer has had a reasonable time to examine title as set forth in Section 12 of this Agreement, and all of the contingencies set forth under Section 4 of this Agreement have been met. 4. CONTINGENCIES. Buyer's obligations under this Purchase Agreement are contingent upon the following: (a) Formal approval of this transaction by the City of Andover City Council at a regularly scheduled City Council meeting. (b) Seller providing a clean title to the Buyer, lien, judgment and mortgage free. (c) Seller's bank, First Resource Bank, a Minnesota lending institution having an address for notices of 4022 County Road 42 W, Savage, MN 55378, satisfying and /or releasing its mortgage and any other lien or interest it may have against the Property. (d) The Property being awarded a 2013 Wetland Bank Road Program Conservation Easement of at least 60 acres. (e) Seller shall permit Buyer, at Buyer's expense, to enter the Property to conduct investigations and testing and Buyer shall be completely satisfied with the environmental and soil conditions of the Property, as determined by Buyer in Buyer's sole discretion. (f) Seller shall cooperate by signing a 2013 Wetland Bank Road Program Conservation Easement Assessment form and allow and /or authorize Buyer to fully participate in the application review process with the Minnesota Board of Water and Soil Resources. (g) Buyer shall have determined that roads, easements, driveways, utilities, points of access and other infrastructure serving the Property will be adequate for Buyer's purposes, as determined by Buyer in Buyer's sole discretion. (h) Buyer shall have obtained all zoning, land use, signage, watershed, environmental and other governmental approvals and permits Buyer shall deem necessary to use the Property in the manner contemplated by Buyer. (i) Buyer, on or before the Date of Closing, shall have received, reviewed and determined that it is satisfied with the matters disclosed by the survey of the Property, if any. 0) Seller will assign to Buyer any and all Special Declarant Rights relative to the Woodland Creek Golf Villas Owners Association. (k) Seller will assign any and all other easements and/or interests in the Property to Buyer that Buyer may request. (1) The representations and warranties made by Seller in Section 9 shall be correct as of the Date of Closing with the same force and effect as if such representations were made at such time. In the event any of the above contingencies have not been satisfied or waived by Buyer on or before the Date of Closing, this Agreement shall be voidable at the option of Buyer. 5. DEED/MARKETABLE TITLE. Upon performance by Buyer, Seller shall execute and deliver a Warranty Deed conveying marketable title, subject to: A. Building and zoning laws, ordinances, state and federal regulations; B. Reservation of any mineral rights by the State of Minnesota; C. Utility and drainage easements which do not interfere with Buyer's intended use of the property; D. Other matters disclosed by the Title Commitment and not objected to by Buyer. 6. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. Real estate taxes due and payable in and for the year of closing shall be prorated between Seller and Buyer on a calendar year basis to the actual Date of Closing, subject to the following: Seller shall pay on the Date of Closing all special assessments levied or pending against the Property as of the Date of Closing. Buyer shall pay a total of up to Twelve Thousand and 00 /100 Dollars ($12,000.00) for Seller's current year (2013) and 2012 delinquent real estate taxes due at Date of Closing. 2 Seller shall pay for all 2012 delinquent real estate taxes exceeding Buyer's total contribution of up to Twelve Thousand and 00 /100 Dollars ($12,000.00) towards these taxes, with Seller's payment due at Date of Closing. Seller and Buyer shall pay the taxes for the current year (2013), prorated to the Date of Closing. Buyer shall pay real estate taxes due and payable in the year following closing and thereafter and any special assessments levied and payable after the Date of Closing. Seller makes no representation concerning the amount of future real estate taxes or of future special assessments. 7. CONDITION OF PROPERTY. Seller shall remove all debris and all personal property not included in this sale from the Property before possession date, as requested by Buyer. Buyer shall have the right to have inspections of the Property conducted prior to Date of Closing, including soil and engineering tests which may be conducted at Buyer's election and expense. 8. BROKERAGE. Buyer and Seller represent that neither party is represented by a real estate agent or broker and no brokerage commissions are due any third parties as a result of this transaction. 9. REPRESENTATIONS AND WARRANTIES OF SELLER. Seller represents and warrants to and covenants with Buyer that: (a) Seller is the owner of fee simple title to the Property and that Seller has the power and authority to enter into and perform the terms and conditions of this Agreement, and such performance will not conflict with or result in a breach of any of the terms, conditions or provisions of any agreement or instrument to which Seller is a party or by which it is bound, or constitute a default under any of the foregoing; this Agreement is valid, binding and enforceable against Seller in accordance with its terms. (b) Seller has not received any notice of, and Seller is not aware of, any violation of any law, municipal ordinance or other governmental requirement affecting the Property, including without limitation any notice of any fire, health, safety, building, pollution, environmental or zoning violation. (c) Seller has not received any written notice of any condemnation or eminent domain proceedings, or negotiations for purchase in lieu of condemnation, relating to the Property, or any portion thereof; and Seller has no actual knowledge that any condemnation or eminent domain proceedings have been commenced or threatened in connection with the Property, or any portion thereof. 3 (d) There has been no labor or material furnished to the Property on behalf of or at the request of Seller in the past 120 days for which payment has not been made. Seller warrants that there are no present violations of any restrictions relating to the use or improvement of the Property. (e) (1) To Seller's knowledge, the Property (A) is not subject to any private or governmental lien or judicial or administrative notice, order or action relating to Hazardous Substances or environmental problems, impairments or liabilities with respect to the Property and (B) to Seller's knowledge, is not in, or with any applicable notice and /or lapse of time, and /or failure to take certain curative or remedial actions, will not be in violation of any Environmental Laws (as herein defined). (2) Seller shall not allow, prior to the Date of Closing, any Hazardous Substances to exist or be stored, generated, used, located, discharged, released, possessed, managed, processed or otherwise handled on the Property, and shall comply with all Environmental Laws affecting the Property. (3) Seller shall immediately notify Buyer should Seller become aware of (A) any Hazardous Substance or other environmental problem or liability with respect to the Property, (B) any lien, order, action or notice of the nature described in subparagraph (1) above, or (C) any litigation or threat of litigation relating to any alleged unauthorized release, discharge, generation, use, storage or processing of any Hazardous Substance or the existence of any Hazardous Substance or other environmental contamination, liability or problem with respect to or arising out of or in connection with the Property. As used herein, "Hazardous Substances" means any matter giving rise to liability under the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq., the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Sections 9601 et seq. (including the so- called "Superfund" amendments thereto), or other applicable, federal, state or local statute, law, ordinance, rule or regulation governing or pertaining to any hazardous substances, hazardous wastes, chemicals or other materials, including without limitation asbestos, polychlorinated biphenyls, radon, petroleum and any derivative thereof, or any common law theory based on nuisance or strict liability (all of the foregoing statutes, laws, ordinances, rules, regulations and common law theories being sometimes collectively hereinafter referred to as `Environmental Laws "). (0 No litigation or proceedings are pending or, to Seller's knowledge, contemplated, threatened or anticipated, relating to the Property, or any portion thereof. (g) Seller has no knowledge of any unrecorded agreements, undertakings or restrictions which affect the Property. There are no tenants, persons or entities occupying any portion of the Property and no claim exists against any portion of the Property by reason of adverse possession or prescription. 4 (h) To the best of Seller's knowledge (i) there is'no obligation with respect to the Property for any assessment, annexation fee, payment, donation or the like, (other than general real estate taxes, which are required to be paid by the Buyer); (ii) there are no obligations in connection with the Property of any so- called "recapture agreement" involving refund for sewer extension, oversizing utility, lighting or like expense or charge for work or services done upon or relating to the Property or otherwise; and (iv) there is no unexecuted paving agreement or undertaking with any government agency respecting construction or any acceleration or de- acceleration lane, access, or street lighting. (i) To the best of Seller's knowledge, the Property is properly zoned for Buyer's intended use of the Property. If, prior to the Date of Closing, Seller obtains knowledge of a fact or circumstance the existence of which would constitute a breach by Seller of its representations and warranties hereunder or would render any such representations and warranties materially untrue or incorrect, Seller shall promptly notify Buyer in writing of the same. Under said circumstances, and in addition to any other right or remedy that may be available to Buyer, Buyer, at its option, may terminate this Agreement without further liability by giving written notice thereof to Seller. All representations, warranties, covenants, indemnities and undertakings made herein shall be deemed remade as of the Date of Closing and shall be true and correct as of the Date of Closing and shall be deemed to be material and to have been relied upon by the parties, notwithstanding any investigation or other act of Buyer heretofore or hereafter made, and shall survive Closing and execution and delivery of the Warranty Deed for a period of twelve (12) months after the Date of Closing. 10. DISCLOSURE OF NOTICES. Seller has not received any notice from any governmental authority as to a violation of any law, ordinance or regulation. If the Property is subject to restrictive covenants, Seller has not received any notice from any person as to a breach of the covenants. 11. POSSESSION. Seller shall deliver possession of the Property not later than the Date of Closing. 12. EXAMINATION OF TITLE. Title examination will be conducted as follows: A. Seller's Title Evidence. Buyer will obtain an updated commitment ( "Title Commitment") for an ALTA form B 1990 Owner's Policy of Title Insurance, certified to date to include proper searches covering bankruptcies, State and Federal judgments and liens, insuring title to the Property deleting standard exceptions and including affirmative insurance regarding zoning, contiguity, appurtenant easements and such other matters as may be identified by Buyer, in the amount of Three Hundred Seventy -Five Thousand and 00 /100 Dollars ($375,000.00) issued by a title insurance company acceptable to Buyer, subject only to the Permitted Encumbrances. E B. Buyer's Objections. Buyer shall be allowed thirty (30) business days after receipt for examination of title and making any objections, which shall be made in writing or deemed waived. 13. TITLE CORRECTIONS AND REMEDIES. Seller shall have ten (10) days from receipt of Buyer's written title objections to make title marketable. Upon receipt of Buyer's title objections, Seller shall, within ten (10) business days, notify Buyer of Seller's intention as to making the title marketable within the permitted period. Liens or encumbrances for liquidated amounts which can be released by payment or escrow from proceeds of closing shall not delay the closing. Cure of the defects by Seller shall be reasonable, diligent, and prompt. Pending correction of title, all payments required herein and the Date of Closing shall be postponed. A. If notice is given and Seller makes title marketable, then upon presentation to Buyer of documentation establishing that title has been made marketable, and if not objected to in the same time and manner as the original title objections, the closing shall take place within ten (10) business days or on the scheduled Date of Closing, whichever is later. B. If title is marketable, or is made marketable as provided herein, and Buyer defaults in any of the agreements herein, Seller may, as its sole remedy, cancel this contract as provided by statute. C. If title is marketable, or is made marketable as provided herein, and Seller defaults in any of the agreements herein, Buyer may, as permitted by law: (1) Cancel this contract as provided by statute; (2) Seek damages from Seller including costs and reasonable attorneys' fees; (3) Seek specific performance within six (6) months after such right of action arises. TIME IS OF THE ESSENCE FOR ALL PROVISIONS OF THIS CONTRACT. 14. NOTICES. All communications, demands, notices, or objections permitted or required to be given or served under this Purchase Agreement shall be in writing and shall be deemed to have been duly given or served if delivered in person to the other party or its duly authorized agent or if deposited in the United States mail, postage prepaid, for mailing by certified or registered mail, return receipt requested, and addressed to the other party to this Purchase Agreement, to the address set forth at the beginning of this Purchase Agreement. Any party may change their address by giving notice in writing, stating their new address, to any other party as provided in the foregoing manner. Commencing on the tenth (10th) day after the giving of notice, the newly designated address shall be that party's address for the purpose of all communications, demands, notices, or objections permitted or required to be given or served under this lease. 15. WAIVER. The parties may waive any provision of this Agreement only by a writing executed by the party or parties against whom the waiver is sought to be enforced. No failure or delay in exercising any right or remedy or in requiring the satisfaction of any condition under this Agreement, and no act, omission, or course of dealing between the parties, operates as a waiver or estoppel of any right, remedy, or condition. A waiver once given is not to be construed as a waiver on any future occasion or against any other person or entity. 16. AMENDMENT. The parties may amend this Agreement only by a written agreement of the parties that identifies itself as an amendment to this Agreement. 17. COUNTERPARTS. The parties may execute this Agreement in multiple counterparts, each of which constitutes an original, and all of which, collectively, constitute only one agreement. The signatures of all of the parties need not appear on the same counterpart, and delivery of an executed counterpart signature page by facsimile is as effective as executing and delivering this Agreement in the presence of the other parties to this Agreement. This Agreement is effective upon delivery of one executed counterpart from each party to the other parties. In proving this Agreement, a party must produce or account only for the executed counterpart of the party to be charged. Any party delivering an executed counterpart of this Agreement by facsimile shall also deliver a manually executed counterpart of this Agreement, but the failure to do so does not affect the validity, enforceability, or binding effect of this Agreement. 18. SUCCESSORS OR ASSIGNS. The terms, conditions, covenants, and agreements of this Agreement extend to and are binding upon Seller, Buyer, and their respective heirs, administrators, executors, legal representatives and permitted successors, subtenants, and assigns, if any, and upon any person or entity coming into ownership or possession of any interest in the Property by operation of law or otherwise. 19. THIRD -PARTY BENEFICIARIES. This Agreement does not and is not intended to confer any rights or remedies upon any person or legal entity other than the signatories. 20. WAIVER OF JURY TRIAL. EACH , PARTY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ITS RIGHT TO A TRIAL BY JURY TO THE EXTENT PERMITTED BY LAW IN ANY ACTION OR OTHER LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT AND THE TRANSACTIONS IT CONTEMPLATES. THIS WAIVER APPLIES TO ANY ACTION OR OTHER LEGAL PROCEEDING, WHETHER SOUNDING IN CONTRACT, TORT, OR OTHERWISE. EACH PARTY ACKNOWLEDGES THAT IT HAS RECEIVED, OR HAS HAD THE OPPORTUNITY TO RECEIVE THE ADVICE OF COMPETENT COUNSEL RELATIVE TO THIS TRANSACTION. 21. MINNESOTA LAW. This contract shall be governed by the laws of the State of Minnesota. 7 22. SELLER'S DISCLOSURE. Within thirty (30) days after execution of this Agreement, Seller shall provide Buyer with the following disclosures: a. Individual sewage treatment system(s); b. Well and fuel tank C. Property owners association involvement with the Property 23. PAYMENT OF CLOSING COSTS. Each party will pay closing costs which are normally allocated of Buyers and Sellers in a real estate transaction, with the exception of any sales tax, which shall be paid by Buyer. The undersigned agrees to sell the Property for the price and terms and conditions set forth above SELLER: OLVAN PROPERTIES, LLC By: Its: The City of Andover agrees to buy the Property for the price and terms and conditions set forth above. I.Ily/ 11: THE CITY OF ANDOVER By: Its: Mayor By: Its: City Clerk i i, S ORJ STRE`.T I.A.Y. R / rO H__ - - - - - - - -- a - - - _ - -.` ♦ \ 1 w n ° a° H rf A� 1 `TI Property Exhibit s City of Andover �J1L\ un__ J- �L�li; y% Icy 1 LJ� I / . 1 i° I I p\ 533 HWE N PROPERTY DESCRIPTION Tmof B. REGISTERED I D SURVEY N0. 222 MDko County, Ylnn..eb NOTE£ 1. Pro,rly I. to—r. 2. /v.p of Tract 8_3.20.255 .q. N. or 74.914 com. 3. Io.9N.n. of pond.. f.... 9..n.. .k. 9iv .PPm,ilmoN. ` g11♦\pTl� fi' � � ' ypyA•p�Y"3 aF'13 tea, HWE N PROPERTY DESCRIPTION Tmof B. REGISTERED I D SURVEY N0. 222 MDko County, Ylnn..eb NOTE£ 1. Pro,rly I. to—r. 2. /v.p of Tract 8_3.20.255 .q. N. or 74.914 com. 3. Io.9N.n. of pond.. f.... 9..n.. .k. 9iv .PPm,ilmoN. ANDOVE T Y O F h 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator / Finance Direct FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Declare Surplus Equipment DATE: August 20, 2013 INTRODUCTION The Finance Department is requesting City Council's approval to declare the following list of equipment as surplus property and to authorize the sale of these items through a State of Minnesota authorized process. • Unit #94 - 1998 Dodge 3500 4x4 w/ plow; 106,000 miles • Unit #163 - 1986 GMC Water Tanker; 70,000 miles • Unit #197 — 1996 Ford Tandem Dump Truck w/ plow, 71,000 miles • Unit #15 —1995 Ford Taurus, 90,000 miles • Unit #578 — 1995 Ford F350 irrigation truck, 105,000 miles DISCUSSION These items no longer in use, outdated, and/or have been replaced and no longer needed by staff. BUDGET IMPACT The revenues from the sale of the equipment will be recorded in the appropriate funds and used for future purchases and/or operations. ACTION REQUESTED Staff is recommending that the City Council declare all items as surplus property and authorize the sale through a State of Minnesota authorized process. Respectfully submitted, Lee Brezinka . i 1 • �i`rj 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Approve Contract for School Liaison/Anoka- Hennepin School District #11 DATE: August 20, 2013 INTRODUCTION Annually the City of Andover and the Anoka- Hennepin School District #11 negotiate a contract for the purchase of law enforcements services (police liaisons). DISCUSSION The attached contract is consistent with previous year's contracts and is recommended for approval by City Administration. BUDGETIMPACT The contract provides for a payment from the School District to the City of Andover in the amount of $88,254.48. This revenue is used to offset the total cost of the City's contract with the Anoka County Sheriff's Department. ACTION REQUESTED The Andover City Council is requested to approve the attached contract. 3 Attachment: Contract ANOKA- HENNEPIN SCHOOL DISTRICT July 25, 2013 Jim Dickinson City Administrator Andover City Hall 1685 Crosstown Blvd NW Andover MN 55304 Dear Mr. Dickinson, It is once again time to renew Anoka Hennepin School Districts' Police Liaison - Prevention Program contracts Anoka Hennepin School District receives funds through the Crime Levy, generated by student counts, to purchase services from local law enforcement agencies. The amount that has been allocated to the City of Andover for the provision of police liaison officers and /or prevention programs like DARE. is $88.254.48. The amount of the contract reflects an increase of 2% for the 2013 -2014 school year. The term 'Prevention Program' has replaced 'D.A.R.E.' to give more flexibility to communities that are choosing a program other than D.A.R. E. for prevention instruction Please include your statistical information ( #4) and submit your invoice ( #10) at the end of the school year. We greatly appreciate the services you are able to provide to your community schools by combining the School District Crime allocation with your own resources. I have enclosed the following to help you administer the contract with the School District. 1. Copy of the contract for the 2013 -2014 school year. Please sign and return an executed contract as soon as possible. 2. Contract Administration Form. 3. School Calendar The invoice for services provided must include the name of the each school and the services provided (prevention program name and /or Liaison services), the officer's name, and the cost incurred at each site as required by the Anoka Hennepin accounting department. Send signed contract and billing to: ATTN: Laura Becker Educational Service Center 2727 N Ferry St. Anoka, MN 55303 763 - 506 -1076 1 look forward to working with you. If you have any questions, please do not hesitate to contact me. Sincerely, Linda Anderson Director of Student Services Anoka - Hennepin ISD #11 763 - 506 -1017 Encl: Contract, Calendar Cc: Lt. Shelly Orlando This contract by and between the City of Andover (hereafter referred to as "City") and Anoka — Hennepin Independent School District No. 11 (hereafter referred to as "District) is entered into under Minnesota law. PURPOSE: This contract is to address the need for the presence of police officers in District schools to provide prevention program instruction and liaison service to the District schools recognizing these services: 1. Promote crime prevention within District schools. 2. Provide drug abuse education. 3. Coordinate activities between the District, the criminal justice system, and social services. DEFINITIONS. Police Officers working in the District will be engaged in two authorized programs. The School Liaison Officers in the middle schools and high schools will serve students and staff primarily in the area of crime prevention. Officers in the prevention program in the elementary schools will present an approved prevention program which is a part of the fifth grade health curriculum. OFFICER EMPLOYED BY CITY. City shall employ (or assign), in accordance with applicable state statutes, a police officer or officers to serve as School Liaison and Prevention Program officer(s) in District schools. The selection or assignment of such officers shall be done by City in consultation with the principals in the area or City covered by this contract. City shall assume all obligations and payments with regard to officers' salaries and benefits including worker's compensation, PERA, withholding taxes, etc. District will reimburse City as defined in Part 10 of this document. 3. TERM OF CONTRACT. The term of this contract shall be from July 1, 2013 to June 30, 2014, District's fiscal year, renewable each year unless terminated by either party as defined in paragraph 10. 4. ADMINISTRATION RESPONSIBILITIES. Law enforcement services rendered to District shall be at the sole direction of City. Standards of performance, discipline of the officer assigned, and other internal matters shall be under the authority of City. If requested, District shall provide City with an appraisal of the services received. City shall provide District with a statistical summary report once a year indicating services provided at the secondary level, Prevention Program schedules, and the name of the officer(s) providing the service. LEVEL OF SERVICE. The officer will respond to emergency calls within the boundaries of City and attend police training and special duties as assigned by City while fulfilling the requirements of this contract. Time spent on emergency calls, police training, etc., shall not be considered to be time spent as a School Liaison or Prevention Program officer. Time in excess of eight hours per day shall be paid according to the officer's contract, providing such additional time has been approved in advance by City and District. Blanket approvals will not be accepted. 6. DUTIES OF OFFICER. The list of basic duties and work schedule of the officer(s) shall be cooperatively developed between City and District. 6a. PRIVACY OF PUPIL RECORDS. Pursuant to the District's Protection and Privacy of Pupil Records Policy and consistent with the requirements of the family Educational Rights and Privacy Act and the Minnesota Government Data Practices Act, police officers shall be deemed to be school officials when performing the duties and responsibilities of the Police Liaison Officer. As such, the Police Liaison Officer and City certify and agree that all data created, collected, received, stored, used, maintained, or disseminated by the Police Liaison Officer must comply with the Family Educational Rights and Privacy Act and the Minnesota Government Data Practices Act. 7. CLOTHING, EQUIPMENT, AND SUPPLIES. City shall provide any required clothing, uniforms, vehicle, necessary equipment and supplies for officer to perform law enforcement duties. District shall provide School Liaison Officers with a private, lockable office, telephone, and supplies necessary for the officer to perform required duties as specified in paragraph 6 of this contract. 8. SCHOOL CALENDAR. District shall provide City with a school calendar. Liaison services will be provided during the regular school year. 9. TERMINATION. Either party may terminate this agreement upon 30 days written notice of such termination. All payment due hereunder shall be prorated in the event of such termination. 10. DURATION AND COST. For and in consideration of the provision of School Liaison Officer and the Prevention Program Officer services in accordance with the terms of this contract, District shall pay City the sum $88,254.48. Request for payment should be submitted by June 1, 2014 of the fiscal year. 11. SERVICE TO SCHOOLS. The following secondary schools shall receive School Liaison Officer service as a result of this contract: Andover High School Oak View Middle School The following elementary school shall receive Prevention Program services as a result of this contract: Andover Elementary Crooked Lake Elementary Rum River Elementary 12. SCOPE. It is agreed that the entire agreement of the parties is contained herein and that this agreement supersedes all oral and written agreements and negotiations between the parties . relating to the subject matter hereof. IN WITNESS WHEREOF, the parties have hereunder to set their hands. City of _ Signed By Title Date Anoka — Hennepin School District No. 11 Signed By Director of Student Services CONTRACT ADMINISTRATION INFORMATION FORM CONTACTS AT THE SCHOOL DISTRICT Contracted Administration Linda Anderson Director of Student Services Educational Service Center 2727 N Ferry St Anoka, MN 55303 763 -506 -1017 Program Administration Rhonda Dean, Principal Gary Lundeen, Principal Mark VanVoorhis, Principal Sam Anderson, Principal Deborah Shepard, Principal Andover High School 763 -506 -8400 Oak View Middle School 763 -506 -5600 Andover Elementary 763 -506 -1700 Crooked Lake Elementary 763 -506 -2100 Rum River Elementary 763 -506 -8200 Payment Procedures - Pursuant to section 10 of the agreement, the City should submit a bill to: ATTN: Laura Becker Educational Service Center 2727 N. Ferry St Anoka, MN 55303 763 -506 -1076 2013 -2014 ANOKA— HENNEPIN CA LEN DA R SCHOOLS Aft witb4ur limir 2013.2014 Calendar Key Dates -Student Contact July 4- 5 ....................... School District closed Aug 20- 22 ................. New Teacher Orientation Aug 26 -29 .............................. Workshop Sept 2 ............. Labor Day, School District closed Sept 3 ........................... First Day of School Sept 3 ...... Everyday Kindergarten A -L students only Sept 4...... Everyday Kindergarten M -Z students only Oct 7 ........................ Elementary PLC /Conf, 12 e no elementary students Oct 16 .............. Staff Development, no students Oct 17- 18.... EM Professional Conference, no school Nov 26 ........................... End of Trimester I Nov 27 .................... ... School not in session Nov 28 -29... Thanksgiving break, School District closed Dec 2............ Staff Planning Grading, no students Dec 23 -Jan 3 ............... Winter break, no school Dec 24- 25 .................... School District closed Jan 1 .. . ...................... School District closed Jan 6 ..... .... ......... .... ........ School resumes Jan 2D...... Martin Luther King's Birthday, no school Feb 17........ President's Day, School District closed Feb 18 .................. Elem (1/2 Staff Dev Y2 Conf], Sec Staff Dev, no students Mar 7 ........................... End of Trimester 11 Mar 10.14 .. ................ Spring break, no school Mar 14 ... ........ Spring Holiday -10 mo. Employees Mar 17 .......... Staff Planning Grading, no students Apr 18 ....................... School District closed Apr 21 ............ Staff Planning/Staff Development May 26......... Memorial Day, School District closed Jun 11 .......................... End of Trimester III Jun 12 ...... ..... Staff Planning Grading, no students NOTE. Every effort will be made to make up insauctional days last m emergency closings. Make up of lost instructional days will occur first by convening days designated as-staff planning" (Dec 2, Mar 17,June 12rsecond by reducing spring break or extending the school year beyond June 11 th. 3/2013 Families with kindergartners roust refer to their kindergarten calendar. Some days that kindergartners do not attend school are not indicated on this calendar' KEY - STUDENT CONTACT DAYS Schools Not In Session - No school for students, teachers, pares, cooks Staff Planning/Staff Development - No school for K -12 students Elementary Staff Development /Conf. - No school for K -5 students Schools Not In Session - No school for students, teachers, pares, cooks Parent /Teacher Conference Conversion Day - Check w/ inclMdual buildings for actual conference schedule ❑ School District Closed O End of Trimester New Teacher Orientation JULY M T W TH F 1 2 3 8 9 10 11 12 15 16 17 18 19 22 23 24 25 26 29 30 31 AUGUST M T W TH F 1 2 5 6 7 8 9 12 13 14 15 16 19 21 22 23 26 27 28 29 30 M T W TH F 1 21 2 22 3 E3 4 24 024/25 8 25/23 9 26;27 10 27/29 11 20/29 1429/30 15 30,31 16 mmm 21 31/32 22 32/33 23 33/34 24 34,,35 2535/39 28 35;37 29 37/33 30 28/39 31 39140 NOVEMBER SEPTEMBER M T M T W TH F MM 31 42 53 64 9 5 106 11 7 12 e 139 16 io 17 11 1812 19 13 2014 2315 2416 2517 2610 2719 30 20 M T W TH F 1 21 2 22 3 E3 4 24 024/25 8 25/23 9 26;27 10 27/29 11 20/29 1429/30 15 30,31 16 mmm 21 31/32 22 32/33 23 33/34 24 34,,35 2535/39 28 35;37 29 37/33 30 28/39 31 39140 NOVEMBER M T W TH F 6 72/73 7. 73/74 8 74/75 9 75/76 1 40/41 4 41;42 5 42/43 6 43/44 7 44/45 8 45/46 11 46/47 12 47/48 13 48/49 14 49/50 15 50/51 18 51/52 19 52/53 20 53/54 21 54/55 22 55/56 25 56/57 26 57/58 27 30 JANUARY M T W TH F 6 72/73 7. 73/74 8 74/75 9 75/76 1076/77 13 77na 1478/79 15 79/9D 16 m /91 17 avn 21 uyw 22 s3 /a4 23 ays5 24 89/96 27 sa/9 28 s7 /as 29 ae as 30 evai 31 safe, FEBRUARY M T W TH F 3 91192 4 92/93 5 93/94 6 Was 7 sales 10 96/97 11 97 /9e 12 98/99 13 99/100 141dv1m 18 19 101 /m, 20 1000 21 lmnm 24 104:10525 ,tvm 26 tta„07 27 102/103 281asr+o9 M T W TH F 1 1247125 2 125/126 3 126/127 4 127/178 7 leim 9 8 12Q/13o 9 13oviai 10 131;132 11 13},133 14 133/194 15 1341135 16 las/136 17 136/137 Im 21 22 137/139 23 138„ 39 24 129,1140 25140/141 28 141/14229 142//,43 30 148/144 LLffi M T W TH F 1 149/145 2.145 /140 5 148;147 6' 147/146 7 146/149 8 149 11s0 9 150 /151 12 151; ,52 13 152/153 14 153/154 15 154/155 16 155/156 19 155/15720 157/159 21 159/159 22 159/160 23160,/161 27 161/162 26 182/163 29 16$/134 30164/is5 JUNE M T W TH F 2 165,166 3 166/167 4 1svise 5 168/169 6 169/170 9 170/171 10 171/172 1 1 172/173 12 13 16 17 18 19 20 23 24 25 26 27 30 ANL6 Y O F 61 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator FROM: Commander Kevin Halweg - Anoka County Sheriff s Office SUBJECT: Anoka County Sheriff s Office Monthly Report - Sheriff DATE: August 20, 2013 INTRODUCTION Commander Kevin Halweg from the Anoka County Sheriffs Office will be present to provide the Council and the citizens of Andover with an update on law enforcement activities within the City. DISCUSSION To be verbally presented. ACTION REQUIRED For Council information. Respectfully submitted, Commander Kevin Halweg Anoka County Sheriff s Office Attachment: July 2013 Monthly Report A 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 . (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: CC: FROM: SUBJECT: DATE: Mayor and Councilmember's Jim Dickinson, City Administrator David Carlberg, Community Deve m t Director Stephanie L. Hanson, City Planner Public Hearing/Vacation of Easement/ Lot 12, Block 3, Kensington Estates, 14182 Uplander Street NW August 20, 2013 INTRODUCTION The proposed vacation of easement would reduce the existing ten (10) foot rear yard drainage and utility easement to five (5) feet, as requested by Mr. Jorian Stein. DISCUSSION Mr. Stein is requesting a vacation of five (5) feet of an existing rear yard drainage and utility easement for the placement of a detached accessory structure. On January 2, 2013, City Council approved Ordinance No. 426, amending Chapter 1, Section 11- 1 -5(A) of City Code. The amendment allows lots served by municipal services to have a minimum of five (5) foot drainage and utility easements along the side, front, and rear lot lines; therefore, reducing the rear yard easement to five (5) feet would keep the property in compliance with City Code Chapter 1, Section 11- 1 -5(A). The City Engineer has reviewed the proposal and sees no issues from a drainage and public utility perspective. ACTION REQUESTED The Council is asked to hold a public hearing and approve the vacation of easement. Attachments Resolution Location Map Aerial Map Easement Vacation Exhibit City Code Chapter 1, Section 11- 1 -5(A) Respectfully submitted, `� i Stephanie .Hanson Cc: Jorian Stein, 14182 Uplander St NW, Andover, MN CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO RXXX -13 A RESOLUTION GRANTING THE VACATION OF EASEMENT ON LOT 12 BLOCK 3 KENSINGTON ESTATES LEGALLY DESCRIBED AS FOLLOWS: For the purposes of a permanent easement vacation over, under and across all that part of the east 5.00 feet of the west 10.00 feet of Lot 12, Block 3, Kensington Estates, Anoka County, Minnesota which lies south of the north 5.00 feet thereof and north of the south 5.00 feet thereof WHEREAS, the applicant has requested to vacate the previously described portion of drainage and utility easement; and WHEREAS, a public hearing was held and there was no opposition to the request; and WHEREAS, the City Council finds the request would not have a detrimental effect upon the health, safety, moral, and general welfare of the City of Andover; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants the vacation of the drainage and utility easement. Adopted by the City Council of the City of Andover on this 20th day of August, 2013 subject to the following: 1. The vacation of easement shall be recorded at Anoka County. ATTEST Michelle Hartner, Deputy City Clerk CITY OF ANDOVER Michael R. Gamache, Mayor Vacation of Easement LN 'r ti c1 I DOVE _Location Map 14182 Uplander St NW 2387 2353 23" 2325 2311 2291 289 2255 1211 2227 1"" A'✓00!'!q O 15 t"]) 1"9 5 COON CgFE 2387 1"53 'rp C 14STH AV. R Of 14"1 2356 145"A y 3342 2328 E 206 S 1"29 1 "86 1 4450 1 4417 1"79 V 2356 pFF,F 2369 14470 2268 7210 1"40 1"05 13, -1 1"63 14393 2424 �p 2337 14454 Sn 1 "30 1"31 S 2327 c 14117 In "2 1"43 11440 X31 O r 2317 2 s 4 2371 Y 1 " " 39 31 128 141 1"20 1"D4 '�F CPO 2301 2330 gFF,r 1"10 O 14380 1"30 1"14 2365 6q 14415 1 "IS 2 1 4419 14354 2312 2289 1"00 14399 SNPfT k!1(%I 16399 16361 23% 4 2277 14396 1 16389 a 143V 1"3 230 230 D = 11383 14349 0 2 2351 2262 w O 2265 36371 JO i 14331 a 2341 2256 S 14354 14366 14352 14395 O C 11357 p 2350 p 2331 ZUG `Wi, 16331 53 a 11373 90 2323 HS 14321 ge. 1"13 14314 C 11360 p OP .10 14355 m 14351 23" 14314 ap1) 14313 t"22 S 2215 �0y 14351 14303 0 14335 2331 14297 14314 � 11330 14798 2329 14289 11306 0" C` 14317 14310 11315 1"31 14323 F r O 2339 1. »1 14292 q 31 289 14M0 16313 2111 2117 2105 081 NO 3057 2031 2031 14283 11214 11307 2153 2011 14279 14291 11259 16266 N S7 1Q99 0k�O IIt] 147390 I 14, ND 14x54 ¢ 14330 PPE 14291 _a� 2197 2151 2126 2102 090 2066 11230 C 14235 14275 14287 5i 2201 x022 Z 16339 11267 LN' 2209 2176 ZQ 2139 w 14306 � 14211 14255 Va v 2115 091 3019 3061 2041 2031 u O 14743 14270 2227 a0 2196 14194 m 2127 i41es 11183 14235 14260 ' 2235 15�2210M 14184 14TND AVE 14TN0 AVE O 14310 2243 14158 2347 SD sA 2220 14174 S4 y 2140 05G 040 21381116 31192 x33] 16310 �0�" 2268 ! 2226 ail 14148 y y 2234 111" J� w 31142 0 2366 232] S4> 2256 2215 O 2161 213] 2113 2101 11150 yP0 >' 2336 ey CQ� 22" O 1089 O 1 14136 2329 T,Sr IN 141ST IN 14146 14101 2232 tarts 2118 14135 2320 2308 O 2161 x142 2082 c 14130 16139 �` � z 2994 14124 031 11159 28S 2217 2191 y 210 2155 2131 2107 p9s 5y 14096 741ST AVE 141 S 1 AVE 14114 CQO 2326 14092 ( pea 14139 X315 }22A 7003199 3164 2140 2116 4 a ti 14544 v' 11530 � w 1907 180 1153 1845 1831 1815 14532 "Sp ANDOVER 81VD ANDOVER BLVD 1 "37 1"35 1826 1061762 1748 1846 1936 lilt N Disclaimer: Maps and documents made available to the public by the City of Andover are not legally recorded maps or surveys and are not intended to be used as such. The maps and documents are created as part of the Geographic Information System (GIs) that compiles records, information, and data from various city, county, state and federal resources. IN E Copyright © 2013 City of Andover, All Rights Reserved Printed 08/14/2013 s C I '' i NDO VE I Arial View 17" 1 t7� 14182 Uplander St - Vacation Request jr-- � 1 - � 4 Y. 1 9 i 1420 � �1� 1 n 1zz3. • : r s^ 1 •` 1138 I 11211 yflt y�' ey eY�• I i I N Disclaimer: Maps and documents made available to the public by the City of Andover are not legally recorded maps or surveys and are not intended to be used as such. The maps and documents are created as part of the Geographic Information System (GIS) that compiles records, information, and data from various city, county, state and federal resources. W E Copyright © 2013 City of Andover, All Rights Reserved Printed 08/14/2013 s CAINE a ASSOCIATES LAND SURVEYORS, INC. 17720 Highway 65 N.E. - Ham Lake, Minnesota 55304 434- 7646 CERTIFICATE OF SURVEY FOR: Hanson Builders. LEGAL DESCRIPTION: Lot 12, Block 3, KENSINGTON ESTATES, according to the recorded plat thereof, Anoka Countv, Minnesota. i7 GARAGE FLOOR SHALL GE f'IJJI'.'.UPA 18" ABOVE EXISTNG STREET GRADE W,`jy j � } 11MIMUTA "zLO, E OF 10 PERCENT, H NEi9 °Oa'Z3" E AW. 00 4 zz.� ) - - - -- J+ Orzcinuge tk /0 pr,r, ar/ _ ufwty Ease">7t n 1pl.l X 13.7 i • -1E i /2 o � �r 3 00.7 >< , /oz•5 � /� � I 30 X Idr. 3 t t n h 0 2 �X I�AI J/0 101.4 SCALE I INCH • aQ fee O O£NOT£s I/l /NCl/ IRON P /P£ S£T. 0 O£NOTES FOUND IRON MONUMENT. O£AR/NGS SHOWN ARE ASSUMED. M 06ND7E5 Hub AA/n 7-ACKS6T 30 �02•L I 1"., 3o / H£RE8Y C£RT /FY THAT YN15 SURVEfr PLAN, OR REPORT WAS PRZAAR£D 3Y M£ OR 4VOER MY DIRECT SOPERV /S /ON AND THAT I AM A DULY R£G /STEREO LAND SURVEYOR UNDER rH£ LAWS OF rHE STATE OF M 1NNr$0rA. Verify all inbi t rtgairejetts V ad proposed 6Uldioq fleratloos for colpliaote Vitt all DArf_ Tu n r /3. 14Q9 I regei *_neon befort coasttactioa, REC. ND. IZZa JOB NO 07-.40,3 S£c Z7 r, 7Z R, Z•!/ xiAxADenotes EX:Lsting Elevation (/a.,)Denotes Proposed Elevation ,.Denotes Direction of Proposed Surface Drainage Proposed Top of Found. Proposed Garage Floor El,w/ov.o Proposed $smt. Floor E1 r 97.0 SCALE I INCH • aQ fee O O£NOT£s I/l /NCl/ IRON P /P£ S£T. 0 O£NOTES FOUND IRON MONUMENT. O£AR/NGS SHOWN ARE ASSUMED. M 06ND7E5 Hub AA/n 7-ACKS6T 30 �02•L I 1"., 3o / H£RE8Y C£RT /FY THAT YN15 SURVEfr PLAN, OR REPORT WAS PRZAAR£D 3Y M£ OR 4VOER MY DIRECT SOPERV /S /ON AND THAT I AM A DULY R£G /STEREO LAND SURVEYOR UNDER rH£ LAWS OF rHE STATE OF M 1NNr$0rA. Verify all inbi t rtgairejetts V ad proposed 6Uldioq fleratloos for colpliaote Vitt all DArf_ Tu n r /3. 14Q9 I regei *_neon befort coasttactioa, REC. ND. IZZa JOB NO 07-.40,3 S£c Z7 r, 7Z R, Z•!/ Professio Surveyors Proposed Drainage and Utility Easement to be Vacated 6776 Lake Drive NE, Suite 110 Lino Lakes, MN, 55014 Phone: (651) 361 -8200 Fax: (651) 361-8701 www.egrud.coni All that part of the east 5.00 feet of the west 10.00 feet of Lotl2, Block 3, KENSINGTON ESTATES, Anoka County, Minnesota which lies south of the north 5.00 feet thereof and north of the south 5.00 feet thereof. 11 -1 -5: EASEMENTS TO BE DEDICATED: --- A. Dedication Of. Easements: Final plats shall identify and dedicate all easements for utilities, drainage, street rights -of -way, surface water ponding and such other public uses as shall be found necessary, convenient or desirable by the City to ensure the timely extension of utilities to adjacent properties. Lots served by municipal services shall have a minimum 5 -foot drainage and utility easements along the side, front and rear lot lines. Lots without municipal services shall have 10 -foot drainage and utility easements along all property lines. Easements for trails and vehicle maintenance access will be dedicated on a separate document. (Amended 9/18/07, Ord. 355; Amended Ord. 426,1/2/13) B. Submission To City Council: Prior to the submission of a final plat, Registered Land Survey or land subdivision to the City Council for approval, the subdivider shall furnish the City with all easements for trails maintenance access, and such other public uses as shall be found to be necessary, convenient or desirable by the City. Said easements shall be in proper form for recording in the office of the County Recorder. Duplicate certificates of title shall be made available for the filing of easements on registered land. No final plat shall be approved by the City Council until there has been full compliance with this section. (Amended 9/18/07, Ord. 355) C. Necessity of Easement Determined: In the case where the land subdivision is to be approved administratively and the city determines that an easement is necessary as stated in this section, the City Council shall act on the subdivision to determine the need and extent of the easement to be dedicated. The subdivider shall furnish the City with all easements found to be necessary by the City Council. (Amended Ord. 10, 2 -15 -1972; Amended 9/18/07, Ord. 355) 11 -1 -6: RESTRICTIONS ON FILING AND RECORDING CONVEYANCES: A. Restrictions On Filing And Recording: 1. No conveyance of land to which these regulations are applicable shall be filed or recorded if the land is described in the conveyance by metes and bounds or by reference to an unapproved Registered Land Survey made after April 21, 1961, or to an unapproved plat made after such regulations became effective. This provision does not apply to a conveyance if the land described: a. Was a separate parcel of record April 1, 1945, or the date of adoption of subdivision regulations under Laws 1945, Chapter 287, C I T Y O F J ND OVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: Mayor and Council Members CC: Jim Dickinson, City Administrator Dave Carlberg, Community Development ire for FROM: Andrew Liska, Associate Planner � U SUBJECT: Conditional Use Permit amendment (03 -15) to extend the approval of subordinate classroom structures for Andover Christian Church — 16045 Nightingale St NW - Planning DATE: 20 August 2013 INTRODUCTION The applicant, Andover Christian Church, is requesting an amendment to the Conditional Use Permit to extend the timeframe for the removal of the subordinate classroom structures on their property by five years. Previously approved Conditional Use Permit amendments for this property have been for temporary structures. Code has since been updated to be more specific in regards to the temporary structure at hand. The new classification for the structure located on this property is "subordinate classroom structure ". Aside from the name change in Code 12 -12, this Conditional Use Permit amendment remains the same. BACKGROUND A Conditional Use Permit for the temporary classrooms was originally requested by Family of Christ Lutheran Church in 1998 and a four -year extension was granted to the church in 1999. A five -year extension was granted in 2003 and again in 2008. The current Conditional Use Permit is set to expire on August 31, 2013. DISCUSSION As per section 12 -6 -6 of the City Code, temporary structures in any district require a Conditional Use Permit. This process allows for the review of the proposed location of the temporary structures in order to minimize potential impacts on adjoining properties. For specifics, please see Code 12 -6 -6, which has been included as an attachment. City Code 12 -14 -6 C states that an amended application shall be handled in a similar manner as that of a new Conditional Use Permit. City Code 12 -14 -6 B. provides the following criteria for granting conditional use permits: 1. In granting a Conditional Use Permit, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission and: a. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. b. Existing and anticipated traffic conditions, including parking facilities on adjacent streets and land. c. The effect on values of property and scenic views in the surrounding area, and the effect of the proposed use on the Comprehensive Plan. 2. If it shall determine by resolution that the proposed use will not be detrimental to the health, safety, morals, or general welfare of the community, nor will cause serious traffic congestion or hazards, nor will seriously depreciate surrounding property values, and that said use is in harmony with the general purpose and intent of this title and the Comprehensive Plan, the City Council may grant such permits. PLANNING COMMISSION The Planning Commission held a public hearing and recommended approval of the conditional use permit amendment with a 6 — 0 vote (Peterson absent). ACTION REQUESTED The Council is asked to approve or deny the proposed conditional use permit amendment. Attachments Resolution Location Map Letter from Applicant Site Photos Code Section 12 -6 -6 Temporary Structures Resolution R 063 -08 Resolution R233 -03 Resolution R242 -99 Resolution R211 -98 Conditional Use Permit Application Draft Planning Commission Minutes — 08.13.13 Cc: Andover Christian Church, Attn: Jim Conner 16045 Nightingale Street NW, Andover, MN 55304 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION AMENDING CONDITIONAL USE PERMIT 03 -15 EXTENDING THE TIME FOR THE REMOVAL OF A SUBORDINATE CLASSROOM STRUCTURE ON PROPERTY LOCATED 16045 NIGHTINGALE STREET NW (PIN 15- 32 -24 -42 -0006) LEGALLY DESCRIBED AS: That part of the northwest quarter of the southeast quarter of Section 15, Township 32, Range 24 lying southerly of the southerly right -of -way line of County State Aid Highway number 20 and lying northwesterly of the following described line: beginning at a point on the west line of said quarter quarter 663 feet south of the northwest comer thereof, then east parallel with the north line thereof 402 feet, then northeasterly to a point on said southerly right -of -way line 300 feet westerly of the east line of said quarter quarter and & there terminating, except roadway, subject to easements of record. WHEREAS, Andover Christian Church has requested an amended Conditional Use Permit for a five year extension on the removal of the subordinate classroom structure, and; WHEREAS, the Planning and Zoning Commission held a public hearing and has reviewed the request and recommends approval of the amended Conditional Use Permit; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, and general welfare of the City of Andover; and WHEREAS, the Planning and Zoning Commission recommends to the City Council the approval of the amended Conditional Use Permit; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover does hereby approve the amended Conditional Use Permit on the above legally described property for the time extension for five (5) years for the removal of the subordinate classroom structure on said property with the following conditions: 1. The Conditional Use Permit shall expire on August 31, 2018 at which time the temporary structure shall be removed. 2. The Conditional Use Pen-nit shall be subject to section 12- 14 -6 -D of City Code Adopted by the City Council of the City of Andover on this 20th day of August, 2013. CITY OF ANDOVER ATTEST: Michael R. Gainache, Mayor Michelle Hartner, Deputy City Clerk C I T Y O F ND,OVER Conditional Use Permit Amendment Subordinate Classroom Structure Andover Christian Church 16045 — Nightingale Street NW 16221 I t i I 'l, I N 16289 ' i a Qi 1 16178 i 2135 I i i "--16164 i 7 16231 2027 1 t t 16185 2121 _ 1947 ( 1863 1657 i- ^^--_- Tan 161ST LN,. _. I 1 16117 23L3 ' 2271 ' 2227 ( 2207 I I 09 I 16157 I IQg7 ( 1 1 1 21 2093 I61STAVE _ 161STAVE 20 161STAVE 16050 ' 1, 16051 22461 r 161ST AVE 1 i I."" I I � I � �1 '1� -_ .._._. 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( 1 11883 1853; 18 19 3, 18, 13 23 A ANDOVER CHRISTIAN CHURCH Planning Commission City of Andover 1685 Crosstown Blvd. NW Andover, MN 55304 Wednesday, August 07, 2013 To the City Planning Commission: This letter accompanies our application for a five year extension of our Conditional User Permit for the temporary structure on our site. This structure serves as our Youth Center and is a key part of our ministry to this critical segment of the city's population. We are seeking this extension so that our work with youth can continue and expand rather than be curtailed. As you will see from the pictures we have submitted, the structure is integrated into our site and the larger church facility in an aesthetically Dr. Jim Conner pleasing manner. We make the maintenance of the facility a priority Senior Pastor and have recently re -sided the visible side of th structure. We have also recently added a paved basketball court and a sand volleyball court in front of the Youth Center. We want to assure the Planning Commission that we see this facility as a temporary solution for our programming needs. However, the recent downturn in the economy has affected our congregation as it has the City, and our future plans have been delayed. Replacing this temporary facility with a larger, permanent building remains our long -term goal. Thank you for your consideration of our application for an extension of our Conditional Use Permit. We hope that you can agree with the appropriateness of this request and grant us the extension. �cerely, r Jim Conner Senior Pastor 16045 N,ghcngaie SL NJ Andover, M.! 55304 Office: 763.755.2537 Fax. 7017553372 www.andoverchurch.com )Plp?q?T-i r. r.; �'i�.�zka6►.rm.�... 1 0 H .,j� _ all be from the front lot line is sixty feet (60') subject to City Code 12 -6 -5. (Amended Ord. 314,10-4-2005) 2. All detached garages or accessory buildings constructed nearer the front lot line than the principal structure shall be similar in design and exterior finish material so as to be compatible with the principal structures. (Ord. 8NNNNNN, 7 -16 -2002) G. Animals: Any building in which farm animals, pleasure /recreational animals or poultry are kept shall be a distance of one hundred feet (100') or more from any other occupied residence, and any open or roofed enclosure in which such animals are kept shall be a distance of fifty feet (50') or more from any occupied residential lot. The City Council may order the owner of any such animals to apply for a Conditional Use Permit if it is deemed to be in the interest of the public health, safety, or general welfare. (Amended Ord. 8, 10 -21 -1970; amd. 2003 Code; Amd Ord. 314 10 -4 -2005; Amd. 4/18/06, Ord. 325A) 12 -6 -6: TEMPORARY STRUCTURES: Temporary structures shall be required to obtain a Conditional Use Permit, as otherwise provided by this title. The Conditional Use Permit for a temporary structure shall be reviewed subject to the following regulations: A. Temporary structures governed by this chapter shall be allowed by Conditional Use Permit in all zoning districts. B. There shall be a time limit established for temporary structures to remain on a site as a part of the Conditional Use Permit review during the construction process. Temporary structures allowed by administrative approval, other than construction trailers, shall be limited to six (6) months in duration. The City Council may extend the six (6) month time limit, if special circumstances exist. C. Prior to issuance of a building permit, a site plan review must also be approved. D. Security measures such as lighting and including connections to the main building shall be reviewed as a part of the Conditional Use Permit, E. Parking shall be subject to the provisions of Section 12 -14 -10 of this title. F. Signage shall be subject to the provisions of Section 12 -14 -9 of this title. G. The Conditional Use Permit will address the date the temporary structure shall be removed from the property. The applicant will provide a written long -term plan for its removal. H. Temporary structures shall follow the required building setbacks. The temporary structure is to be located to the side or rear of the site and will be reviewed as a part of the Conditional Use Permit. All applicable requirements of the International Residential Code, International Building Code, International Fire Code, and State Building Code shall be met. J. Provisions for water and sewer servicing a temporary structure shall be subject to the review and approval of the building official. K. Construction trailers shall be allowed administratively through the commercial site plan review process through the construction process. No trailers shall be allowed to be used as temporary sales offices. L. Tents for promotional sales events shall be allowed up to ten (10) calendar days per year. A permit must be approved for tents by the city Fire Department to assure they will conform to the International Fire Code. Fees for tents shall be set as stated in Subsection 1 -7 -3A of this code. No Conditional Use Permit is needed for this type of temporary structure. M. Upon sale or transfer of ownership of the property, the Conditional Use Permit shall be brought up for renewal or the temporary structure shall be removed. (Ord. 294, 7 -6 -2004) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 063-08 A RESOLUTION AMENDING CONDITIONAL USE PERMIT 03 -15 EXTENDING THE TIME FOR THE REMOVAL OF A TEMPORARY STRUCTURE ON PROPERTY LOCATED AT 16045 NIGHTINGALE STREET NW, (PIN 15- 32 -24 -42 -0006) LEGALLY DESCRIBED AS: That part of the northwest quarter of the southeast quarter of Section 15, Township 32, Range 24 lying southerly of the southerly right -of -way line of County State Aid Highway number 20 and lying northwesterly of the following described line: beginning at a point on the west line of said quarter quarter 663 feet south of the northwest corner thereof, then east parallel with the north line thereof 402 feet, then northeasterly to a point on said southerly right -of -way line 300 feet westerly of the east line of said quarter quarter and & there terminating, except roadway, subject to easements of record. WHEREAS, Andover Christian Church has requested a Amended Conditional Use Permit for a five year time extension on the removal of the temporary classrooms, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of City Code, and; WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, and general welfare of the City of Andover, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Amended Conditional Use Permit request; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Amended Conditional Use Permit for the time extension for five years for the removal of the temporary structures on said property with the following conditions: 1. The conditional use permit shall expire on August 31, 2013 at which time the temporary structure shall be removed. 2. The Conditional Use Permit shall be subject to a sunset clause as per section 12- 14 -6 -D of the Andover City Code. Adopted by the City Council of the City of Andover on this 19`h day of August 2008. CITY OF ANDOVER ATTEST: Miehelle Hartner, Deputy City Clerk 4'chael R. Gamache, Mayor CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R233 -03 A RESOLUTION AMENDING CONDITIONAL USE PERMITS 92 -16 AND 99 -26 TO ALLOW A PRESCHOOL AND EXTENSION OF TIME FOR THE REMOVAL OF TEMPORARY CLASSROOMS AT 16045 NIGHTINGALE STREET NW (P.I.D. 15 -32 -24-42 -0006) LEGALLY DESCRIBED AS; That part of the Northwest quarter of the Southeast quarter of Section 15, Township 32, Range 24 lying Southerly of the Southerly right -of -way line of CSAH No. 20 and lying Northwesterly of the following described line: Beginning at a point on the West line of said Northwest quarter of the Southeast quarter thence 663 feet south of the Northwest. comer thereof, thence East parallel with the north line thereof 402 feet, thence Northeasterly to a point on said southerly right -of -way line of CSAH No. 20, Anoka County, Minnesota WHEREAS, The Family of Christ has requested an amendment to Conditional Use Permit 92 -16 to allow a preschool, and; WHEREAS, The Family of Christ has requested an amendment to Conditional Use Permit 99 -26 to allow a time extension of five years for removal of the temporary classrooms, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of the City Code, and; WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, and general welfare of the City of Andover, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Conditional Use Permit Amendment request, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Conditional Use Permit to allow a preschool and a time extension of five years for the removal of the temporary classrooms, subject to the following conditions; 1. The preschool shall substantially conform with the description provided in the letter from the Family of Christ Church dated November 17, 2003 and stamped received by the City of Andover November 18, 2003. 2. The applicant shall obtain all necessary licenses and approvals from the State of Minnesota. The preschool shall conform to all applicable building and fire codes. The temporary classrooms shall be removed by November of 2008 or at the time the Family of Christ sells the church, whichever comes first. In the event that the subject property is sold to another church, the temporary structure shall be allowed to remain no longer than November of 2008. 5. The Conditional Use Permit shall be subject to a sunset clause as defined in City Code 12- 15 -7D. Adopted by the City Council of the City of Andover on this I e day of December, 2003. CITY OF ANDOVER ACT�E�T: CAL Victoria Volk, City Clerk /Michael R Gamache, Mayor CITY OF ANDOVER COUNTY OF ANL OKA STATE OF MINNESOTA RES. NO. R242 -99 A RESOLUTION APPROVING AN AMENDED SPECIAL USE PERMIT TIME FRAME EXTENSION REQUEST BY FAMILY OF CHRIST CHURCH TO ALLOW FOR THE PLACEMENT OF ONE TEMPORARY CLASSROOM TRAILER FOR A TOTAL OF FIVE (5) YEARS ONTO THE PROPERTY LOCATED AT 16045 NIGHTINGALE STREET NW (15- 32- 24 -42- 0006). WHEREAS, Family of Christ Church has requested an Amended Special Use Permit time extension to allow for the placement of one temporary classroom trailer for a total of five (5) years onto the property located at 16045 Nightingale Street NW (PIN 15- 32-24-42- 0006) legally described as follows: The part of the Northwest Quarter of the Southeast Quarter of Section 15, Township 32, Range 24, Anoka County, Minnesota lying southerly of the southerly right -of -way line of CSAH No. 20 and lying northwesterly of the following described line: Beginning at a point on the west line of said quarter quarter 66' ) feet south of the northwest comer thereof; thence east and parallel with the north line thereof 402 feet; thence northeasterly to a point on said southerly right -of -way line 300 feet westerly of east line of said quarter quarter and thence terminating; except road, subject to easements of record. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. 8, Section 5.03 & 7.03; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and WHEREAS, a public hearing was held pursuant to state statute; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Amended Special Use Permit Time Extension as requested_ NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Amended Special Use Permit Time Extension on said property with the following conditions: Pacre two SUP 99 -26 Family of Christ Church November 16, 1999 1) That the Special Use Permit be subject to a sunset clause as stipulated in Ordinance No. 8, Section 5.03 (d). 2) The temporary classroom trailer shall be removed by the end of November in the year 2003. Adopted by the City Council of the City of Andover on this 16th day of November, 1999. ATTEST: d 1 A" " �/' Victoria Volk, City Clerk CITY OF ANDOVER E. McKelvey, May CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. N0. R211 -98 A RESOLUTION APPROVING AN AMENDED SPECIAL USE PERMIT FOR THE ERECTION OF TEMPORARY CLASSROOMS PURSUANT TO ORDINANCE NO. 8, SECTION 7.03 FOR FAMILY OF CHRIST CHURCH LOCATED AT 16045 NIGHTINGALE STREET NW (PIN 15- 32- 24 -42- 0006). WHEREAS, Family of Christ Church has requested an Amended Special Use Permit for the erection of two temporary classroom trailers pursuant to Ordinance No. 8, Section 7.03 on property located at 16045 Nightingale Street NW (PIN 15- 32- 24 -42- 0006), legally described as follows: That part of the Northwest Quarter of the Southeast Quarter of Section 15, Township 32, Range 24, Anoka County, Minnesota lying southerly of the southerly right -of -way line of CSAH No. 20 and lying northwesterly of the following described line: Beginning at a point on the west line of said quarter quarter 663 feet south of the northwest corner thereof; thence east and parallel with the north line thereof 402 feet; thence northeasterly to a point on said southerly right -of -way line 300 feet westerly of east line of said quarter quarter and thence terminating; except road, subject to easements of record. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. 8, Section 4.26; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and WHEREAS, a public hearing was held and there was no opposition to the request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Amended Special Use Permit as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Amended Special Use Permit on said property with the following conditions: That the applicant obtain all necessary building permits Page Two ASUP - Temp. Classrooms Family of Christ Church November 4, 1998 2) That the temporary classrooms remain on the site no longer than two years from the adoption of this resolution. ;) That the Amended Special Use Permit be subject to a sunset clause as stipulated in Ordinance No. 8, Section 5.03 (d). 4) That the trailers be inspected by the Fire Chief to ensure compliance of all fire codes. Adopted by the City Council of the City of Andover on this 4th day of November, 1998, CITY OF ANDOVER ATTEST: Victoria vVolk, City Clerk iJ.E. McKelvey, Mayor F NDOVE :r 1685 CROSSTOWN BOULEVARD N.W. - ANDOVER, MINNESOTA 55304 - (763) 755 -5100 FAX (763) 755 -8923 - WWW.ANDOVERMN.GOV CONDITIONAL USE PERMIT Property Address I1PO49 &)Igh4yn4a.�2 S-f � k) v �s - Legal Description of Property (if legal is lengthy, please attach a separate sheet): Lot AI�?NE Block it4( kiy - Addition N'ONE PIN 15-32 -2Y - 42 - 000�a Vr-AL (If metes and bounds, attach the complete legal description) Note: If the legal is not provided, the application will not be considered to be complete. Is the property Abstract or Torrens (to verify this call the Anoka County Office at (763) 323 -5400 with the property PIN number). Abstract x Torrens Description of Request Q6.h e"ew Cup r-'l tcSe�Q -ror cfria7% L(2yx4ey- L°%lclrY�i1 Section of Ordinance Current Zoning Name of Applicant e-oo , Address 1 (xp b (S Home Phone Busit ess Phone i (o3- 7SS -,�-S 3 7Fax -7&3-T55--33'7L- Sign Date `�� 9 / o� CONDITIONAL USE PERMIT PAGE 2 Property Owner (Fee Owner) (If different fiom above) Address Home Phone d3 tsiness Phone 7 Fax —1& 3 755 -33 72 Signature Date 1,© ie The following information shall be submitted prior to review by the City of Andover: 1. Complete application and fee 2. Letter sumunarizing request 3. A scaled drawing showing the following: a. Scale b. North arrow c. Dimensions of the property and structures d. Front, side, and rear yard building setbacks e. Adjacent streets f. Location and use of existing structures within 100 feet 4. Other information as required to review request Application Fee: Cormnercial Residential Amended Conditional Use Permit Public Notification Sign Recording Fee: Abstract & Torrens Date Paid $1,000.00 escrow to facilitate ARC review 5350.00 includes mailing labels $200.00 includes mailing labels $30.00 $100.00 Receipt 4 60 Day date 120 Day date 2 PLANNING AND ZONING COMMISSIONMEETING — AUGUST 13, 2013 The Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Daninger on August 13, 2013, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Chairperson Daninger, Commissioners Timothy Cleven, Lynae Gudmundson, Valerie Holthus, Bert Koehler IV, and Kyle Nemeth. Commissioners absent: Commissioner Steve Peterson Also present: Community Development Director Dave Carlberg City Planner Stephanie Hanson Associate Planner Andrew Liska Others APPROVAL OFMINUTES. July 9, 2013 Commissioner Nemeth stated on page three, seventh paragraph, the sentence should read: two exits, not two exists. Page five, sixth paragraph, middle sentence, "Mr. Haas indicated there are a few sidewalks in different neighborhoods ". Page six, fifth paragraph, "A round -about at Prairie Road and Andover Boulevard as recommended by the County Highway Department." Motion by Nemeth, seconded by Koehler, to approve the minutes as corrected above. Motion carried on a 4 -ayes, 0 -nays, 2- present ( Gudmundson, Holthus), 1- absent (Peterson) vote. PUBLICHEARING. Conditional Use Permit Amendment -16045 Nightingale Street NW — Request to extend the approval of subordinate classrooms —Andover Christian Church. Regular Andover Planning and Zoning Commission Meeting Minutes —August 13, 2013 Page 2 Associate Planner Liska noted the purpose of this item is to hold a public hearing and take input on a Conditional Use Permit Amendment to extend the approval of subordinate classrooms. Associate Planner Liska reviewed the proposed Conditional Use Permit Amendment with the Commission. Motion by Holthus, seconded by Gudmundson, to open the public hearing at 7:06 p.m. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Peterson) vote. Mr. Jim Connor, Senior Pastor, Andover Christian Church, was at the meeting to answer questions. He noted that Dave Miller and Scott Nordquist were also at the meeting. Commissioner Nemeth stated the structure has been in place for the last fifteen years and City Code states that the applicant will provide a long -term plan for its removal. In the letter from the applicant, it states they are trying to raise funds to build a permanent structure but he would like to find out what the long -term solution would be. Mr. Connor stated their first priority financially has been paying off the balance of the purchase of the church. For a construction project, they need to have that debt paid off. He stated the building is a youth center and a high priority for them. They would like to have a larger multi -use room with a commercial kitchen for the youth. They do not have a definite plan yet. He stated he was hesitant to set a date and did not see this as a long -term solution. Commissioner Nemeth wondered if the Church had a time frame for removal. Mr. Connor stated he was not sure. Chairperson Daninger stated the goal is to remove it after five years but they could come in for an extension of time. Mr. Connor stated it is not just about their financial situation as a congregation, it is also the economy and so many unknowns for him so he is hesitant to make a firm commitment on time. Commissioner Nemeth wanted to make sure the inside is being kept up like the outside. Mr. Connor indicated it was. Commissioner Cleven asked if a fund has been set aside. Mr. Connor stated any excess funds they have are put to paying off the church loan rather than putting it towards a building fund because they know that the building of a new structure is the next step. He stated a couple of the trustees met with a contractor and were working off preliminary plans Family of Christ previously worked up and that gave them a ballpark per square foot cost. He stated they need to look at the plans to see what would work for the current congregation. Motion by Koehler, seconded by Nemeth, to close the public hearing at 7:15 p.m. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Peterson) vote. Regular Andover Planning and Zoning Commission Meeting Minutes —August 13, 2013 Page 3 Commissioner Nemeth noted it states in the Code that upon sale or transfer of ownership of the property the conditional use permit shall be brought up for renewal and he wondered if this was renewed when the church was purchased. Chairperson Daninger indicated that was correct. Commissioner Holthus asked how often the structures are inspected by the City. Community Development Director Carlberg indicated the Fire Department has a schedule where they inspect the structures every couple of years. He was not sure when the last time this was done. Commissioner Cleven stated the structures have anchors to tie them down and he wondered if they were looked at by the inspector at that time. Community Development Director Carlberg stated the Fire Department would not look at any structural anchoring. Commissioner Cleven asked if the City periodically inspects the structures. Community Development Director Carlberg indicated they do not have a scheduled program to look at all structures but if there is a concern brought to the City's attention, they will go out and look at them. Motion by Holthus, seconded by Gudmundson, to recommend to the City Council approval of the Conditional Use Permit Amendment to extend the approval of subordinate classrooms. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Peterson) vote. Associate Planner Liska stated that this item would be before the Council at the August 20, 2013 City Council meeting. PUBLIC HEARING: Conditional Use Permit — 1640155`h Lane NW— Request for a single station beauty salon within the existing building serving Arbor Oaks assisted living tenants along with clients from the general public — Arbor Oaks Development Associate Planner Liska noted the purpose of this item is to hold a public hearing and take input on a Conditional Use Permit for a single station beauty salon with the existing building serving Arbor Oaks Assisted Living tenants along with clients from the general public. Associate Planner Liska reviewed the proposed Conditional Use Permit with the Commission. Commissioner Nemeth asked if there is any requirement regarding adequate ventilation of the stature of this type of business. Community Development Director Carlberg stated the City did a final inspection with the issuance of the certificate of occupancy and there is adequate ventilation. 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: Mayor and Council Members CC: Jim Dickinson, City Administrator Dave Carlberg, Community Develop t Director FROM: Andrew Liska, Associate Planner Cu SUBJECT: Conditional Use Permit (13 -09) — Single Station Beauty Salon — 1640 155th Lane NW — Arbor Oaks Senior Living, LLC - Planning DATE: 20 August 2013 INTRODUCTION The applicant, Arbor Oaks Senior Living, LLC, is seeking approval of a Conditional Use Permit allowing a single station beauty salon in the existing structure to serve both tenants and the general public. BACKGROUND Arbor Oaks is zoned M -2 (Multiple Dwelling). City Code 12 -12 (Uses Table) shows that in this zoning district a barbershop/beauty salon is a conditional use. While Code 12 -9 -8 specifically addresses in -home beauty salons and provides criteria that must be met, no such criteria exists for situations like Arbor Oaks, where a salon is present but is clearly different than an in -home operation. Code 12 -9 -8 will provide a general framework while considering the Conditional Use Permit however; some criteria will not be applicable. 12 -9 -8 IN HOME BEA UTY SALONS AND BARBERSHOPS In home beauty salons barbershops shall be subject to the following: A. Compliance with Title 3, Chapter 6 of the City Code. B. Drawings Submitted: Drawings detailing the salon /shop shall be submitted at the time of the request for the Conditional Use Permit. C. Compliance with State Requirements: The salon /shop must comply with the State Cosmetology Board and the State Barbers Board requirements. D. Number of Chairs: One chair salon /barber only. E. Hours of Operation: The hours of operation shall be approved by the City Council. F. Parking: Parking requirements shall be asset out in section 12 -13 -10 of this title. G. Non - sewered Areas: In non - sewered areas, the septic system shall be in compliance with Title 10, Chapter 4 of this code. A beauty shop /barber shop shall be considered the equivalent to one bedroom in terms of usage under Title 10, Chapter 4 of this code. H. Occupancy By Owner: The beauty shop/barber shop shall be owner occupied. I. Termination of Use Upon Sale of Property: Upon sale of the premises for which the Conditional Use Permit is granted, such permit shall terminate. City Code 12 -14 -6 B. provides the following criteria for granting conditional use permits: 1. In granting a Conditional Use Permit, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission and.• a. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. b. Existing and anticipated traffic conditions, including parking facilities on adjacent streets and land. c. The effect on values of property and scenic views in the surrounding area, and the effect of the proposed use on the Comprehensive Plan. 2. If it shall determine by resolution that the proposed use will not be detrimental to the health, safety, morals, or general welfare of the community, nor will cause serious traffic congestion or hazards, nor will seriously depreciate surrounding property values, and that said use is in harmony with the general purpose and intent of this title and the Comprehensive Plan, the City Council may grant such permits. APPLICATION Salon Specifics The three hundred and sixty (360) square foot room will have one chair and associated salon shelving and cabinets. For additional details and layout, please refer to the "Salon Layout' diagram attached. Days and Hours The applicant is seeking to operate the beauty salon Monday — Saturday from 9:00 AM to 6:00 PM. At this time, they anticipate working a two or three days a week, however; that may increase if they experience higher than expected demand. Parking The applicant indicated that the salon is typically operated "by appointment only" and there is only one salon station thus only one patron can be served at one time. The existing parking lot at Arbor Oaks is capable of serving the minimal impact associated with this use. Signage The applicant noted that there will not be any exterior signage or exterior advertisement on Arbor Oaks property relating to the salon operation. Additional Criteria Compliance with Title 3, Chapter 6 is not applicable as this regulates therapeutic massage and the applicant is only seeking a conditional use permit for a beauty salon. Compliance with Title 10, Chapter 4 is also not applicable as this is for parcels that are not serviced by municipal sewer and water. This property is serviced by both. The requirement that the salon is owner occupied is not applicable as this application is from Arbor Oaks Senior Living, LLC rather than a homeowner. PLANNING COMMISSION The Planning Commission held a public hearing and recommended approval of the conditional use permit with a 6 — 0 vote (Peterson absent). ACTION REQUESTED The Council is asked to approve or deny the proposed conditional use permit. Attachments Resolution Location Map Salon Layout Letter from the Applicant Condition Use Permit Application Draft Planning Commission Minutes — 08.13.13 Cc: Arbor Oaks Senior Living, LLC, C/O Roger Fink, 3601— 18`h Street, St. Cloud, MN 56301 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA m1wems A RESOLUTION APPROVING THE CONDITION USE PERMIT REQUESTED BY ARBOR OAKS SENIOR LIVING, LLC TO OPERATE A BEAUTY SALON AT 1640 —155TH LANE NW, LEGALLY DESCRIBED AS: LOT 1, BLOCK 1 ARBOR OAKS, EX RD SUBJ TO EASE OF REC WHEREAS, Arbor Oaks Senior Living, LLC, has requested a Conditional Use Permit for a beauty salon, and; WHEREAS, the Planning and Zoning Commission held a public hearing and received no objections to said request, and; WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of City Code and would not have a detrimental effect upon the health, safety, general welfare, values of property and scenic views in the surrounding area, and; WHEREAS, the Planning and Zoning Commission recommends to the City Council the approval of the Conditional Use Permit request, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover does hereby approve the Conditional Use Permit on the above legally described property for a beauty salon with the following conditions: 1. The salon must comply with the State Cosmetology Board requirements. 2. The salon has a maximum of one chair. 3. Hours of Operation are from 9:00 AM to 6:00 PM, Monday through Saturday. 4. Parking requirements shall be served by the existing parking lot. 5. Upon sale of the premises for which the Conditional Use Permit is granted, such permit shall terminate. Adopted by the City Council of the City of Andover on this 20th day of August, 2013. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Michelle Hartner, Deputy City Clerk FrO ,.. Conditional Use Permit Beauty Salon Arbor Oaks Senior Living Community 1640 —155 th Lane NW DIM 1570 1�556 1528 1!502t 1!178 1454 i584K�P Vibadtand Cix,�i.Ns Dark ,, I ! 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MAINTENANC ' / �t 2: I,-Ir (��OASSISTED LIVIN SYSTEM Yc� �4 -E�N, q 1— J-- ---- N, ;U T 30 MACE, s 11 15, vG Tf 21 CHAP -=-, 2n 83 204 12 VERIFY LU/ <)U-'N=R IF: GLASS TO BLE' COLORED ISTRO I 13 1: So 301-1 3 % -, 30' -l• 1 I i ., s ---------- 203 20, � t�ol �el , pslo Pill X 2 0, PATIO a-,' '20 V QDoO ci G 55: , 0 ------ ------------- -------------- 13 �QTES: ---------- NIP Pr:O'q t/ IMTF; V)P r- A �SCPfi �dL�'FS ib "L'x ob °C.iX °° ..r ° <XF. rN < °.�:"X�., ..e ... " <��, ..eX °.° .X. - �.°.iX m.Xn. .. w.e, .Xe IOII.o ,,x IF i T I .eo - .P 0 <°ee. I 0, ,I.r er orX e% —rX �or ° "R RECEPTION LI6RARY OPENIN DINING ROOM OPENING CONINGL ROOM OPENING LIVING AREA OPENING �_ ^`••> +ae>,. o— 1 __ -ro•. WEST WING MEMORY o . u,m ro n. HEH GA OR EP __— up y4 M6pR4� Fy . CARE r SUITE- �157�wr n I - iu Irmo - III uX:r. Toro . . — O uYUT' ASSISTED LIVING: TWT on:ve uX oe . `` nt:o• X 0 _ p / ` r � n � 79y9$• / a .Tort G „� to ..eI ILL R.\ : y / L b I -I �CU��1� Q p1MA1p^ ivii. ` ^ ASSISTED LIVING CARE . L.X.TOX M e.Ir b Jj f �a. 9l `' n 797$.', t T ARRA IIIIIR . . .y Au OR n ❑Q \.. RR-- TOTAL UNITS %� OVERALL ERALL FIRST FLOOR PLAN __ �M � ^• SCALE: 3/3]” 1 ' -O- 1 cp. �d EAST WING INDEPENDENT LIVING Y rr�wn^ •:. nec ux e. 'y ASSISTE I - III n..G,o, e /• a'4 <' GARAGED^ i / \ TRID41-A ENTDevelopment, LLC. 3601 18th Street South • Suite #103 • St. Cloud, MN 56301 Phone: 320.258.4438 • Fax: 320.252.3603 July 25, 2013 Mr. David Carlberg Community Development Director City of Andover 1685 Crosstown Boulevard NW Andover, MN 55304 VIA E -Mail and U.S. Mail Re: Arbor Oaks Senior Living Community Application for Conditional Use Permit Dear Mr. Carlberg: RECEIVED JUL 2 6 2013 CITY OF ANDOVER Enclosed please find our completed application for a Conditional Use Permit. Also enclosed is the Application Fee of $380.00 plus the additional $100.00 for a recording fee. Arbor Oaks Senior Living is an assisted living community, and like most assisted living properties, we offer a wide variety of services and amenities to our residents. One of the most popular of these amenities is the in -house hair salon/beauty parlor. Our hair salon is operated by a local, licensed cosmetologist under a lease agreement. Under this agreement, the operator is allowed to provide services to clients who may not necessarily be residents of Arbor Oaks. In addition to the Arbor Oaks residents, the other clients may include friends, family and guests of residents and potentially, the general public. The operator does not have permission to place any exterior signage or exterior advertisement on the Arbor Oaks property relating to the salon operation. The in -house hair salon is typically operated "by appointment only" and is generally available during regular business hours including Saturdays. The current set -up is a single - station /single operator floor plan limiting the number of clients that can seen at a given time. (see enclosed floor plan), Under this scenario we do not anticipate any additional traffic impact by serving clients from the general public. We do not anticipate any change in the current floor plan of the hair salon. We respectfully request approval of a Conditional Use Permit to allow our current hair salon operator to provide services to the general public (non- residents of Arbor Oaks Senior Living). If possible, please place this application for CUP on the Planning Commission agenda for the regular meeting on Tuesday, August 13, 2013. If there are any questions, or a need for any additional submittal information, please let me know. Regards, Trident Development, LLC Roger I9: Pink Sr. Vice President Enclosures C: Jeanne Jaeckels, Tealwood Management, LLC — via e -mail (ANDOVEA 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV CONDITIONAL USE PERMIT Property Address 1640 - 155t1i Lane NW Legal Description of Property (if legal is lengthy, please attach a separate sheet): Lot 1 Block 1 Addition Arbor Oaks PIN 22- 32 -24 -11 -0041 (If metes and bounds, attach the complete legal description) Note: If the legal is not provided, the application will not be considered to be complete. Is the property Abstract or Torrens (to verify this call the Anoka County Office at (763) 323 -5400 with the property PIN number). Abstract x Torrens Description of Request Permission to operate a single- station hair salon/beauty parlor within the existing building serving Arbor Oaks assisted living tenants along with clients from the general public Section of Ordinance Current Zoning M -2 Multiple Dwellin Name of Applicant Arbor Oaks Senior Living LLC Address C/O Roger Fink 3601 -18t11 Street South St Cloud MN 56301 Home Phone 320/258 -4438. Business Phone 612/242 -6097 Fax 320/252 -3603 Signature �--- Date 'j - 2,i'-- /-2, CONDITIONAL USE PERMIT PAGE 2 Property Owner (Fee Owner) (If different from above) Address Home Phone Business Phone Signature Fax The following information shall be submitted prior to review by the City of Andover: 1, Complete application and fee 2. Letter summarizing request 3. A scaled drawing showing the following: a. Scale b. North arrow c. Dimensions of the property and structures d, Front, side, and rear yard building setbacks e. Adjacent streets f. Location and use of existing structures within 100 feet 4. Other information as required to review request Application Fee: Commercial Residential Amended Conditional Use Permit Public Notification Sign Recording Fee: Abstract & Torrens Date Paid $1,000.00 escrow to facilitate ARC review $350.00 includes mailing labels $200.00 includes mailing labels $30.00 $100.00 Receipt # 60 Day date 120 Day date PA Regular Andover Planning and Zoning Commission Meeting Minutes —August 13, 2013 Page 3 Commissioner Nemeth noted it states in the Code that upon sale or transfer of ownership of the property the conditional use permit shall be brought up for renewal and he wondered if this was renewed when the church was purchased. Chairperson Daninger indicated that was correct. Commissioner Holthus asked how often the structures are inspected by the City. Community Development Director Carlberg indicated the Fire Department has a schedule where they inspect the structures every couple of years. He was not sure when the last time this was done. Commissioner Cleven stated the structures have anchors to tie them down and he wondered if they were looked at by the inspector at that time. Community Development Director Carlberg stated the Fire Department would not look at any structural anchoring. Commissioner Cleven asked if the City periodically inspects the structures. Community Development Director Carlberg indicated they do not have a scheduled program to look at all structures but if there is a concern brought to the City's attention, they will go out and look at them. Motion by Holthus, seconded by Gudmundson, to recommend to the City Council approval of the Conditional Use Permit Amendment to extend the approval of subordinate classrooms. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Peterson) vote. Associate Planner Liska stated that this item would be before the Council at the August 20, 2013 City Council meeting. PUBLIC HEARING: Conditional Use Permit — 1640155`h Lane NW— Request for a single station beauty salon within the existing building serving Arbor Oaks assisted living tenants along with clients from the general public — Arbor Oaks Development Associate Planner Liska noted the purpose of this item is to hold a public hearing and take input on a Conditional Use Permit for a single station beauty salon with the existing building serving Arbor Oaks Assisted Living tenants along with clients from the general public. Associate Planner Liska reviewed the proposed Conditional Use Permit with the Commission. Commissioner Nemeth asked if there is any requirement regarding adequate ventilation of the stature of this type of business. Community Development Director Carlberg stated the City did a final inspection with the issuance of the certificate of occupancy and there is adequate ventilation. Regular Andover Planning and Zoning Commission Meeting Minutes — August 13, 2013 Page 4 Commissioner Cleven stated during the construction was the salon anticipated at that time. Community Development Director Carlberg indicated it was but the CUP was triggered by opening the salon up to outside customers. Chairperson Daninger asked if a beauty salon was opened up outside of an assisted living facility what requirements would they have to meet. Mr. Liska indicated it depends on the zoning district. Chairperson Daninger stated the resolution is based on the in -home beauty salon wording. Mr. Liska stated that was correct. Motion by Holthus, seconded by Gudmundson, to open the public hearing at 7:26 p.m. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Peterson) vote. Mr. Roger Fink, Trident Development, representing Arbor Oaks Senior Living, joined by Cassie Callahan, Executive Director of Arbor Oaks and Colleen Richmond, beauty salon operator. Mr. Fink stated construction is not complete but they have received their certificate of occupancy in July with over 20 residents confirmed and reserved for units there. The CUP would help them to accomplish a few things; one, it allows Ms. Richmond to demonstrate to the Department of Health that this use is an approved use within that Zoning District and it would also allow her to see the occasional client that would not be a resident of Arbor Oaks. He wanted to make sure that they fully disclose their operation and are in complete compliance with City Code. Commissioner Holthus asked if the days and hours are expected to be extended. Mr. Fink stated they are currently operating a couple of days a week on appointments only. There are only ten to twelve residents now so there is not a huge demand but as the residents increase, the demand may also increase so they may need to increase their operating hours. Commissioner Koehler asked how many other facilities with beauty salons they run. Mr. Fink stated between Tealwood Management and Trident Development, he thought they operated over twenty assisted living facilities and another twenty nursing homes. Trident Development currently runs eight by themselves. Motion by Holthus, seconded by Nemeth, to close the public hearing at 7:32 p.m. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Peterson) vote. Motion by Holthus, seconded by Nemeth, to recommend to the City Council approval of a Conditional Use Permit for a single station beauty salon. Motion carried on a 6 -ayes, 0- nays, 0- present, 1- absent (Peterson) vote. Regular Andover Planning and Zoning Commission Meeting Minutes — August 13, 2013 Page 5 Associate Planner Liska stated that this item would be before the Council at the August 20, 2013 City Council meeting. PUBLIC HEARING: Variance —15511 Juniper Street NW— Request to reduce the side yard setback from ten (10) feet to eight (8) feet for an existing structure and to allow the construction of an addition — Benjamin Rono City Planner Hanson noted the purpose of this item is to hold a public hearing and take input on a variance request to reduce the side yard setback from ten feet to eight feet for an existing structure and to allow the construction of an addition. City Planner Hanson reviewed the proposed variance with the Commission. Commissioner Gudmundson asked if there were specific plans on what the addition would look like. City Planner Hanson indicated they did not have plans currently but the addition will have to match the existing house. Motion by Holthus, seconded by Gudmundson, to open the public hearing at 7:37 p.m. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Peterson) vote. Mr. Ben Rono, 15511 Juniper Street NW, stated the proposed addition would have a gable running west, coming out 14 feet and about 24 feet wide. He stated the front door would change from a south facing to a west facing entrance, giving them a larger entry way and living room. Commissioner Holthus asked if there were plans to put any brick or stone on the front. Mr. Rono stated the house is vinyl siding but the detached garage is fiber cement. He wants to change his house to fiber cement to match his garage with aluminum soffits and fascia and they would like to put a small wainscot of stone across the front to enhance the curbside appearance. Chairperson Daninger asked if there will be a contractor or would this be done by Mr. Rono. Mr. Rono stated there will be a contractor and they would like to have this done by the end of the year. Commissioner Holthus asked if there will be a basement under the addition. Mr. Rono indicated it would be slab on grade. Motion by Gudmundson, seconded by Cleven, to close the public hearing at 7:40 p.m. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Peterson) vote. Commissioner Gudmundson asked if the Planning Commission will review the plans if this is approved. City Planner Hanson indicated the Planning Commission would not, if approved this would go directly to the Building Department for review and approval. ANDOVEA T Y O F 11 1685 CROSSTOWN BOULEVARD N.W. a ANDOVER, MINNESOTA 55304 a (763) 755 -5100 FAX (763) 755 -8923 a WWW.CI.ANDOVER.MN.US Ike l CC: FROM Mayor and Councilmember's Jim Dickinson, City Admini: David Carlberg, Community Stephanie L. Hanson, City Planner Director SUBJECT: Variance request to reduce the side yard setback from ten (10) feet to eight (8) feet for the existing home and to allow the construction of an addition to the home at 15511 Juniper Street NW as requested by Benjamin Rono DATE: August 20, 2013 INTRODUCTION The applicant is requesting a variance to reduce the side yard setback from ten (10) feet to eight (8) feet for the existing home and to allow the construction of an addition to the home with an eight (8) foot setback as requested by Benjamin Rono. DISCUSSION The existing home was constructed in 1989. When the home was put on the market to sell, it was brought to the attention of the homeowner that the northern side of the home was constructed two (2) feet over the property line. The owner of the lot to the north requested a lot split and variance, then sold ten (10) feet to the property owner; making a side yard setback of approximately eight (8) feet. Planning and Zoning Commission meeting minutes and the approved resolution are attached for your review. The current property owner purchased the home in 1998. Mr. Rono would like to construct a 14 foot x 24 foot addition to the front of the home. He is requesting a two (2) foot variance for the northern side of the addition; the addition would be set back eight (8) feet from the side property line. The requested setback would match the rest of the existing home. A site plan has been attached for your review. Review Criteria City Code 12 -14 -7 outlines criteria when considering a variance. Code states "Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the official control. "Practical difficulties" as used in connection with the granting of a variance, means: 1. The property owner proposed to use the property in a reasonable manner not permitted by an official control; 2. The plight of the property owner is due to circumstances unique to the property not created by the landowner; 3. The variance, if granted, will not alter the essential character of the locality; 4. Economic considerations alone do not constitute practical difficulties." Planning and Zoning Commission Action On August 13, 2013, Planning and Zoning Commission held a public hearing at its regular scheduled meeting. The Commission recommended approval of the variance request on a 6 — 0 vote, based on the findings in the attached resolution. ACTION REQUESTED The City Council is asked to compare the variance request with the review criteria of City Code 12 -14 -7 and make a motion on the variance request. Attachments Resolution City Code 12 -14 -7 Location Map Applicant's Letter Site Drawing Draft August 13, 2013 Planning and Zoning Commission Meeting Minutes July 23, 1996 Planning and Zoning Commission Meeting Minutes Resolution R143 -96 Respectfully submitted, Stephani L. Hanson Cc: Benjamin Rono, 15511 Juniper Street NW, Andover CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING A VARIANCE TO THE REQUIREMENTS IN ACCORDANCE WITH CITY CODE 12 -14 -7 FOR PROPERTY LOCATED AT 15511 JUNIPER STREET NW LEGALLY DESCRIBED AS FOLLOWS: Lot 4, Block 5 Nordeen Addition plus South 10 feet of Lot 3, Block 5, Nordeen Addition WHEREAS, the Planning Commission has held a public hearing and reviewed the request to vary from City Code 12 -3 -5 to allow a two (2) foot variance by allowing the construction of an addition to the home eight (8) feet from the northern property line and by acknowledging the existing home side yard setback of eight (8) feet, and; WHEREAS, the City Council has received the recommendation of the Planning and Zoning Commission, and; WHEREAS, the City Council finds the request is in harmony with the purposes and intent of the ordinance; WHEREAS, the City Council finds the request is consistent with the Comprehensive Plans housing goals, objectives and policies; WHEREAS, the City Council finds the property owner does intend to use the property in a reasonable manner not permitted by the ordinance. The property owner wants to add an addition onto the existing home at the same setback; however, the existing setback is noncompliant to city code; WHEREAS, the City Council finds there are circumstances unique to the property that were not created by the landowner. The home was constructed two (2) feet over the property line prior to the current owner purchasing it. The property owner to the north was approved for a lot split of ten (10) feet that was then added to the existing lot; resulting in an eight (8) foot setback from the property line. WHEREAS, the City Council finds the variance will maintain the essential character of the locality. There will be no changes to the property that will create visual differences that don't already exist. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover approves the proposed variance request to allow a two (2) foot variance by allowing the construction of an addition to the home eight (8) feet from the northern property line and by acknowledging the existing home side yard setback of eight (8) feet, based upon the findings in this resolution and with the following condition: 1. The variance shall be subject to a sunset clause as provided in 12 -14 -7 E.6. Adopted by the City Council of the City of Andover on this _th day of 2013. CITY OF ANDOVER ATTEST: Michelle Hartner, Deputy City Clerk Michael R. Gamache, Mayor 12 -14 -7: VARIANCES: A. The City Council, as authorized by Minn. Stat. 462.354 subdivision 2, and Minn. Stat. 462.357, subdivision 6, shall have the authority to hear requests for variances from the requirements of the zoning ordinance and other sections of the City Code where variances are authorized, including restrictions placed on nonconformities. (Amended Ord. 8, 10 -21 -1970, Ord. 314,10-4-2005; Amended Ord. 407, 6- 21 -11) B. Review Criteria: 1. Variances shall only be permitted when they are in harmony with the general purposes and intent of the official control and when the variances are consistent with the comprehensive plan. (Amended Ord. 407, 6- 21 -11) 2. Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the official control. "Practical difficulties," as used in connection with the granting of a variance, means: a. The property owner proposes to use the property in a reasonable manner not permitted by an official control; b. The plight of the landowner is due to circumstances unique to the property not created by the landowner; c. The variance, if granted, will not alter the essential character of the locality; d. Economic considerations alone do not constitute practical difficulties. (Amended Ord. 407, 6- 21 -11) C. Conditions Authorized: The City Council may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. (Amended Ord. 407, 6- 21 -11) D. Specific Variances Authorized: No variance may be granted that would allow any use that is not allowed in the zoning district in which the subject property is located, except as follows: (Amended Ord. 407, 6- 21 -11) 1. Variances shall be granted for earth sheltered construction as defined in Minn. Stat. 216C.06, subdivision 14, when in harmony with the official controls. (Amended Ord. 407, 6- 21 -11) 2. Variances may be granted for the temporary use of a one family dwelling as a two family dwelling. (Amended Ord. 407, 6- 21 -11) E. Procedure: The procedure for granting variances is as follows: 1. Request For Variance; Fee: A person desiring a variance shall fill out and submit to the Community Development Director a request for variance application form together with a fee as set forth by ordinance'. A public hearing shall be held by the Planning Commission as provided in City Code 12 -14 -8. (Amended Ord. 342, 3 -6 -07; Amended Ord. 407, 6- 21 -11) 2. Planning and Zoning Commission Review: A public hearing shall be held by the Planning and Zoning Commission as provided in City Code 12 -14 -8. The Planning Commission shall make a recommendation to the City Council based upon the provisions of City Code 12 -14 -7. (Amended Ord. 407, 6- 21 -11) 3. City Council Action: The City Council may grant the variance based upon the provisions of City Code 12 -14 -7 request if it will be in keeping with the spirit and intent of this title and if it finds that strict enforcement of this title will cause undue hardships because of circumstances unique to the individual property under consideration. Economic considerations shall not constitute an undue hardship if reasonable use of the property exists under the terms of this title. (Amended Ord. 407, 6- 21 -11) 4. Appeals: The petitioner, if appealing an interpretation of this title by an employee of the city which would require him /her to obtain a variance, shall have the fee refunded if his /her appeal is upheld by the City Council. 5. Emergency Variance Requests: The City Council may waive Planning and Zoning Commission review and take immediate action on emergency variance requests that affect the immediate health, safety and welfare of the citizens of Andover or if time constraints present severe hardship to the applicant. The applicant is required to show the immediacy of the issue and the potential health, safety or welfare threat. The City Council shall determine if the request warrants immediate review. (Amended Ord. 407, 6- 21 -11) 6. Time Limit On Implementing Variance: If the City Council determines that no significant progress has been made in the first twelve (12) months after the approval of the variance, the variance will be null and void. (Amended Ord. 8, 10 -21 -1970) See subsection 1 -7 -3H of this code. 15511 Juniper St NW NDOVT -.FRO!R Location Map | 15622 15612 155TH AVE 610 566 559 53C 5" 514 4M 4M 424 LSWI IMS1 652 Disclaimer: Maps and documents made available mme public by the City m Andover are not legally recorded maps m surveys and are not intended mbe used uo such. The maps and documents are created as part of the Geographic Information System (GIS) that compiles records, information, and data from various city, county, state and federal resources. w s Copyright @oo/n City nr Andover, All Rights Reserved Printed 08/07/2013 � 156TH AVE 155M 15528 1 15515 15514 535 517 "S 155TH AVE 610 566 559 53C 5" 514 4M 4M 424 LSWI IMS1 652 Disclaimer: Maps and documents made available mme public by the City m Andover are not legally recorded maps m surveys and are not intended mbe used uo such. The maps and documents are created as part of the Geographic Information System (GIS) that compiles records, information, and data from various city, county, state and federal resources. w s Copyright @oo/n City nr Andover, All Rights Reserved Printed 08/07/2013 � Legal Description of Property lot 4 block 5 Nordeen addition plus south 10 feet of lot 3 block 5 Nordeen addition Description of Request I would like to get a variance to allow me to build an addition onto the front of my house. That would require me to need an 8 foot setback instead of the 10 foot normally needed, on the north side of the lot. The north side of the house is about 8.5 feet from the lot line instead of the required 10 feet. I would like to add on 14 feet on that side of the lot, which would allow me to keep the side of the house in the same plane. Specific hardship The hardship I have is due to the original construction of the house back in 1989. When the house was built, it was over the lot line almost 2 feet. Then when the house went to be sold for the first time this problem was found. The owner of the lot to the north would only sell 10 feet not the required 12 feet to keep the setback at 10 feet. This only gave my house a setback of 8 feet which now keeps me from adding on to that side of my house. Andover Planning and Zoning Commission meeting minutes July 26, 1996 page 2, stated that if it became a problem, the owner of the southern lot (lot 4) would have to go through the variance procedure at a later date. .L -- Field Power ole o.s66o Garage —0.5000 — Original Lot Line 3.'7,73 New Lot Line 36661 8.2362 Lot 4 M .-J o shed o J J House Garage 15'62 m m rIB — 0.2833 V Ne v Additlon 1,652) T 1., 857 .0 N` Orth . No— Scale 1"=30' 11222 Road Easement OSurvey Pin Juniper St NW Regular Andover Planning and Zoning Commission Meeting Minutes —August 13, 2013 Page 5 Associate Planner Liska stated that this item would be before the Council at the August 20, 2013 City Council meeting. PUBLIC HEARING: Variance —15511 Juniper Street NW— Request to reduce the side yard setback from ten (10) feet to eight (8) feet for an existing structure and to allow the construction of an addition —Benjamin Rono City Planner Hanson noted the purpose of this item is to hold a public hearing and take input on a variance request to reduce the side yard setback from ten feet to eight feet for an existing structure and to allow the construction of an addition. City Planner Hanson reviewed the proposed variance with the Commission. Commissioner Gudmundson asked if there were specific plans on what the addition would look like. City Planner Hanson indicated they did not have plans currently but the addition will have to match the existing house. Motion by Holthus, seconded by Gudmundson, to open the public hearing at 7:37 p.m. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Peterson) vote. Mr. Ben Rono, 15511 Juniper Street NW, stated the proposed addition would have a gable running west, coming out 14 feet and about 24 feet wide. He stated the front door would change from a south facing to a west facing entrance, giving them a larger entry way and living room. Commissioner Holthus asked if there were plans to put any brick or stone on the front. Mr. Rono stated the house is vinyl siding but the detached garage is fiber cement. He wants to change his house to fiber cement to match his garage with aluminum soffits and fascia and they would like to put a small wainscot of stone across the front to enhance the curbside appearance. Chairperson Daninger asked if there will be a contractor or would this be done by Mr. Rono. Mr. Rono stated there will be a contractor and they would like to have this done by the end of the year. Commissioner Holthus asked if there will be a basement under the addition. Mr. Rono indicated it would be slab on grade. Motion by Gudmundson, seconded by Cleven, to close the public hearing at 7:40 p.m. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Peterson) vote. Commissioner Gudmundson asked if the Planning Commission will review the plans if this is approved. City Planner Hanson indicated the Planning Commission would not, if approved this would go directly to the Building Department for review and approval. Regular Andover Planning and Zoning Commission Meeting Minutes — August 13, 2013 Page 6 Commissioner Gudmundson stated if they need to meet all of the requirements, it may be hard to meet item 3, which talks about the essential character of the locale and the look of it. Ms. Hanson indicated there are building criteria in the code that need to be met. Community Development Director Carlberg stated the discussion has been good to find out what the structure looks like but what the Commission needs to evaluate is if it is acceptable to give a two -foot variance based on the location of the structure and setbacks. Chairperson Daninger indicated he did not have a problem with this. Commissioner Holthus thought this met the criteria to grant a hardship. Motion by Holthus, seconded by Nemeth, to recommend to the City Council approval of a variance at 15511 Juniper Street NW, requesting to reduce the side yard setback from ten (10) feet to eight (8) feet for an existing structure and to allow the construction of an addition. Commissioner Koehler stated there is a sunset clause on this variance so everything needs to be completed within one year. Commissioner Cleven stated he was interested in the layout of the two buildings and he wondered if there is enough space between the homes if an emergency vehicle needs to get through. City Planner Hanson indicated there would be enough space for emergency vehicles to get through if needed. Community Development Director Carlberg noted the yard would not support a fire truck. If a fire occurred it would be handled from the road. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Peterson) vote. City Planner Hanson stated that this item would be before the Council at the August 20, 2013 City Council meeting. PUBLIC HEARING: Variance —15873 Linnet Street NW— Request to allow a lot split more than one time in any three (3) year period as regulated in Andover City Code Title 13, Chapter 1, Section 3 — Scott Allen. City Planner Hanson noted the purpose of this item is to hold a public hearing and take input on a variance request to allow a lot split more than one time in a three -year period as regulated in Andover City Code Title 13, Chapter 1, Section 3. City Planner Hanson reviewed the proposed variance with the Commission. Chairperson Daninger explained what the Commission needed to review. X U U 1 CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 5$304 • (612) 755 -5100 PLANNING AND ZONING COMMISSION MEETING - JULY 23, 1996 MINUTES The, Regular Bi- Monthly Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Jay Squires on July 23, 1996, 7:00 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Maynard Apel, Lynnette Barry, Lorna Wells Commissioners absent: Jeffrey Luedtke, Randy Peek, Jerry Putnam Also present: City Engineering, Todd Haas City Planning, Jeff Johnson Community Development Director, Dave Carlberg Others APPROVAL OF MINUTES June 25, 1996: Correct as written. MOTION by Wells, Seconded by Apel' to approve the Minutes as written. Motion carried on a 1 -Yes (Wells), 3- Present (Apel,. Barry, Squires), 3- UAbsent ( Luedtke, Peek, Putnam) vote. PUBLIC HEARING: LOT SPLIT /VARIANCE - 15521 JUNIPER STREET NW - DEBBIE ANDERSON 7:03 p.m. Mr. Carlberg reviewed the request of Debbie Anderson to split the southern 10 feet from her parcel at' 15521 Juniper .Street NW, creating a parcel that does not meet the minimum district requirements. The property is zoned R -3,. Single Family Suburban. He reviewed the applicable ordinances, noting park dedication would not be required because the 10 -foot parcel would not be a buildable lot. The lot split /variance is being requested to allow the applicant to sell the 10- foot parcel to the neighbor to the south, as the house on the southern parcel was constructed in 1989 two feet over the property line. The 10- foot_variance is for the lot width of the applicant's remaining vacant parcel. Covenants would also be required to legally bind the 10 -foot strip to the parcel to the south, Lot 4, Block 5, Nordeen Addition, 15511 Juniper Street NW. I He suggested the Commission discuss the setback for the existing house to the south and the need for a two -foot side yard variance. The Staff is recommending approval with conditions. Mr. Carlberg also explained the applicant's lot will be buildable and has been grandparented because it was created in 1963 prior to the adoption of the City's Zoning Ordinance. The applicant did not want to U split off 12 feet, which would eliminate the need for a variance on the southern lot; as she feels a 90 -foot lot is more marketable than an 88- foot lot. The applicant is going through this process to solve a problem created by the location of the house on the southern parcel. Regular Andover Planning and Zoning Commission Meeting Minutes - July 23, 1996 Page 2 (Public Hearing: Lot Split /Variance - 15521 Juniper Street, Continued) The Commission wondered if there will be a problem in the future for the southern lot if the side yard setback variance is not granted at this time. Commissioner Barry stated title insurance would not be an issue. They may make that exclusion to the policy as coverage to the person buying the house. Mr. Carlberg stated if it becomes a problem, the owner of Lot 4 could go through the variance procedure at a later date. MOTION by Wells, Seconded by Barry, to open the public hearing. Motion carried on a 4 -Yes, 3- Absent (Luedtke, Peek, Putnam) vote. 7:25 p.m. Debbie Anderson - wondered about the sunset clause provision in the proposed resolution. They are providing the 10 -foot strip at the request of the property owner to the south, but now that owner is saying she cannot come up with the money to purchase the strip from them for the amount of the appraisal. What happens if this is not resolved in a year? The Commission explained the sunset clause, noting the Anderson•^ might have to put a lien on the house on Lot 4, or they may consider asking for an extension of the sunset clause if it is not resolved in that time frame. MOTION by Wells, Seconded by Barry, to close the public hearing. Motion carried on a 4 -Yes, 3- Absent (Luedtke, Peek, Putnam) vote. 7:30 p.m. The Commission did not wish to consider the two -foot side yard variance for Lot 4, feeling the application for that variance is the responsibility of the lot owner. However, it was suggested that the City Council may want to consider it. Commissioner Barry expressed a concern about approving the request, which still creates the need for a two -foot side yard setback on another parcel. She didn't want further problems in the future created by something the Planning Commission does now. Chairperson Squires stated he too questioned why not add the two feet to the strip so the 10 -foot side yard setback could be attained on Lot 4; however, the applicant didn't create the problem and shouldn't have to give up any more just to solve a variance issue to the south. MOTION by Wells, Seconded by Barry, to forward to the City Council the Resolution as written with the addendum the Planning Commission would like the City Council to look at any other legal aspects of this that might have detrimental sale and purchase of either house /parcel. Motion carried on a 4 -Yes, 3- Absent (Luedtke, Peek, Putnam) vote. This will be placed on the August 6, 1996, City Council agenda. 7:40 p.m. PUBLIC HEARING: SPECIAL USE PERMIT - INSTITUTIONAL SIGNS - 1657 161ST AVENUE NW - PRAIRIE OAK COMMUNITY CHURCH 7:40 p.m. Mr. Johnson reviewed the request of Prairie Oak Community Church for a Special Use Permit to erect two institutional signs on 1657 161st Avenue NW. One sign would be located on 161st Avenue, the other on Hanson Boulevard. He noted the applicable ordinances and criteria to Regular Andover Planning and Zoning Commission Meeting CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R 143 -96 A RESOLUTION GRANTING THE LOT SPLITNARIANCE REQUEST, OF DEBBIE ANDERSON TO CREATE TWO PARCELS PURSUANT TO ORDINANCE NO. 40 AND VARYING FROM THE PROVISIONS OF ORDINANCE NO. 8, SECTION 6.02, MINIMUM DISTRICT REQUIREMENTS. WHEREAS, Debbie Anderson has requested a lot split/variance to create two parcels pursuant to Ordinance No. 40 and varying from the provisions of Ordinance No. 8, Section 6.02, Minimum District requirements for an R -3, Single Family Suburban District on the property located at 15521 Juniper Street NW, legally described as Lot 3, Block 5, Nordeen Addition; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No. 40 and that based on Section IV, the City Council may vary the application of any of the provisions of the Ordinance; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals and general welfare of the City of Andover; and WHEREAS, a public hearing was held and there was no opposition to the request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the lot split/variance as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the lot split/variance on said property with the following conditions: 1. That the lot split/variance be subject to a sunset clause. as defined in Ordinance No. 40, Section III(E). 2. A covenant be recorded that legally binds that part of Lot 3 with Lot 4, Nordeen Addition so they cannot be sold separately. Page Two Lot Split/Variance Debbie Anderson August 6, 1996 3. The Planning and Zoning Commission would like the City Council to look at any other legal aspects of this that might have a detrimental sale and purchase of either house/ parcel. Adopted by the City Council of the City of Andover on this jffi_ day of _Aug -5 , 1996. CITY OF ANDOVER ATTEST Victoria Volk, City Clerk 64.E. McKelvey, Mayor 0 ,ANA6W^� 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmember's CC: Jim Dickinson, City Administrat David Carlberg, Community Develo rentDirector FROM: Stephanie L. Hanson, City Planner SUBJECT: Variance request to allow a lot split more than one time in any three (3) year period as regulated in city code for the property known as 15873 Linnet Street NW as requested by Scott Allen DATE: August 20, 2013 INTRODUCTION The applicant is requesting a variance request to allow a lot split more than one time in any three (3) year period as regulated in city code 13 -1 -3 as requested by Scott Allen. DISCUSSION A lot split was approved for Mr. Allen in October 2012. According to City Code 13 -1 -3, "no owner may utilize this method of land division on any parcel more than one time in any three (3) year period. " Mr. Allen is requesting a variance from city code so he can split his existing 2 acre parcel to create one (1) urban lot. As part of the 2008 Cardinal Ridge 2nd Addition project, a grading plan was completed to incorporate a portion of Mr. Allen's property, also city utilities are stubbed to the property. This has been attached for your review. Background In June 2012, the applicant requested a variance to allow a lot split to create two (2) lots within the three (3) year period. The request was denied. Resolution R062 -12 is attached for your review. At the January 2013 work session, City Council discussed the frequency of lot splits; at which time staff was directed to draft an amendment to the code. The amendment would provide exceptions to the code, such that a lot split may be approved one year after the initial lot split provided the property owner has owned the property for five (5) years and infrastructure (sewer, water, streets, storm sewer) is already in place so the owner can petition for the improvements. Staff is currently working on the amendment and is proposing to bring forward the changes in addition to the changes to the land use table. Review Criteria City Code 12 -14 -7 outlines criteria when considering a variance. Code states "Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the official control. "Practical difficulties" as used in connection with the granting of a variance, means: 1. The property owner proposed to use the property in a reasonable manner not permitted by an official control; 2. The plight of the property owner is due to circumstances unique to the property not created by the landowner; 3. The variance, if granted, will not alter the essential character of the locality; 4. Economic considerations alone do not constitute practical difficulties." Planning and Zoning Commission Action On August 13, 2013, Planning and Zoning Commission held a public hearing at its regular scheduled meeting. The Commission recommended approval of the variance request on a 6 — 0 vote, based on the findings in the attached resolution. ACTION REQUESTED The City Council is asked to compare the variance request with the review criteria of City Code 12 -14 -7 and make a motion on the variance request. Attachments Resolution City Code 12 -14 -7 City Code 13 -1 -3 Location Map Applicant's Letter Survey and Grading Plans Photos of Site Draft August 13, 2013 Planning and Zoning Commission Meeting Minutes Resolution R107 -12, Approving a Lot Split and Variance Resolution R062 -12, Resolution Denying a Variance to City Code 13 -1 -3 Res ectfull subm' to , Stephanie L. Hanson Cc: Scott Allen, 15873 Linnet St NW, Andover CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA _ ►• A RESOLUTION APPROVING A VARIANCE TO THE REQUIREMENTS IN ACCORDANCE WITH CITY CODE 12 -14 -7 FOR PROPERTY LOCATED AT 15873 LINNET STREET NW LEGALLY DESCRIBED IN EXHIBIT A. WHEREAS, the Planning Commission has held a public hearing and reviewed the request to vary from City Code 13 -1 -3 to allow a lot split more than one time in any three (3) year period; WHEREAS, the City Council has received the recommendation of the Planning and Zoning Commission, and; WHEREAS, the City Council finds the request is in harmony with the purposes and intent of the ordinance; WHEREAS, the City Council finds the request is consistent with the Comprehensive Plans housing goals, objectives and policies. The Comprehensive Plan identifies this parcel as Transitional Residential — properties within the Municipal Urban Service Area (MUSA) that are currently zoned for residential that may be developed to urban standards when municipal sewer and water are available. Municipal sewer and water are currently available to the property. WHEREAS, the City Council finds the property owner does intend to use the property in a reasonable manner not permitted by the ordinance. The property will be used for residential development. Development on the lot will occur sooner than what would be allowed in city code; WHEREAS, the City Council finds there are circumstances unique to the property that were not created by the landowner. The lot is transitional in nature — it is bordered by urban and rural lots; urban development has filled in around the lot while lots directly to the north remain rural; WHEREAS, the City Council finds the variance will maintain the essential character of the locality. The lot will become an urban residential lot as the surrounding properties are; WHEREAS, the Planning and Zoning Corrnnission reviewed the criteria for granting a variance and supports the practical difficulties; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover approves the proposed variance request to allow a lot split more than one time in any three (3) year period as regulated in city code 13 -1 -3 this resolution and with the following condition: The property owner will be required to submit a land use request for a lot split and rezoning and meet all requirements set forth in city code. Adopted by the City Council of the City of Andover on this _th day of 2013. CITY OF ANDOVER I.Vv- 0;6w Michelle Hartner, Deputy City Clerk Michael R. Gamache, Mayor EXHIBIT PARCEL _ _ PROPERTY DESCRIPTION The East 310.00 feet of the West 1010.00 feet lying North of the South 959.36 feet of the Southwest Quarter of the Southeast Quarter, Section 15, Township 32, Range 24, Anoka County, Minnesota, as measured along the West and South lines of said Southwest Quarter of the Southeast Quarter, EXCEPT the following described property. Beginning at the southeast comer of the above described property; thence on an assumed bearing of North 88 degrees 46 minutes 01 seconds West along the South line of said above described property a distance of 140.00 feet; thence North 00 degrees 38 minutes 38 seconds East parallel with the East line of the above described property a distance of 150.00 feet; thence North 11 degrees 58 minutes 32 seconds East a distance of 25.44 feet; thence South 88 degrees 46 minutes 01 seconds East parallel with the South line of said above described property a distance of 135.00 feet to the East line of said above described property; thence South 00 degrees 38 minutes 38 seconds West along said East line a distance of 175.00 feet to the point of beginning. Subject to a 10.00 foot wide permanent easement lying westerly and northerly of the following described line; Commencing at the southeast corner of said East 310.00 feet of the west 1010.00 feet lying North of the South 959.36 feet of the Southwest Quarter of the Southeast Quarter of Section 15, Township 32, Range 24, Anoka County, Minnesota as measured along the west and south line of said Southwest Quarter of the Southeast Quarter; thence on assumed bearing of North 88 degrees 46 minutes 01 seconds West along the south line said property a distance of 140.00 feet to the point of beginning of the line to be described; thence North 00 degrees 38 minutes 38 seconds East a distance of 150.00 feet; thence North 11 degrees 58 minutes 32 seconds East a distance of 25.44 feet; thence South 88 degrees 46 minutes 01 seconds East a distance of 135.00 feet to the east line of said property and said line there terminating. with a fee as set forth by ordinance. An additional fee as set forth by ordinance may be required for each meeting in excess of two (2), which is necessary because of incomplete information or changes in the petition. The Community Development Director shall refer the application to the Planning and Zoning Commission. (Amended Ord. 8,10-21-1970; amd. 2003 Code) 2. A public hearing shall be held in accordance with section 12 -14 -8. (Amended Ord. 314 10 -4 -2005) 3. City Council Action: After a completed application has been submitted, the City Council shall follow the deadline for response as outlined in State Statute 15.99. (Amended Ord. 314, 10 -4 -2005) 4. Amended Application: An Amended Conditional Use Permit application shall be administered in a manner similar to that required for a new conditional use permit; and the fee shall be as set forth by ordinance'. Amended conditional use permits shall include reapplications for permits that have been denied, requests for changes in conditions, and as otherwise described in this title. (Amended Ord. 8, 10 -21 -1970; amd. 2003 Code) 5. Reapplication After Denial: No application for a Conditional Use Permit shall be resubmitted for a period of one year from the date of said order of denial. 6. Hearing May Be Held: When a Conditional Use Permit may be of general interest to the community or to more than the adjoining owners, the Planning and Zoning Commission may hold a public hearing, and the Conditional Use Permit shall be reviewed with notice of said hearing published at least ten (10) days prior to the hearing. (Amended Ord. 314, 10 -4 -2005) D. Time Limit On Implementing Conditional Use: If the City Council determines that no significant progress has been made in the first twelve (12) months after the approval of the Conditional Use Permit, the permit will be null and void. (Amended Ord. 8, 10 -21 -1970) 12 -14 -7: VARIANCES: A. Variances Authorized: The City Council, as authorized by Minn. Stat. 462.354 subdivision 2, and Minn. Stat. 462.357, subdivision 6, shall have the authority to hear requests for variances from the requirements of the zoning ordinance and other sections of the City Code where variances are authorized, including restrictions placed on nonconformities. See subsection 1 -7 -3H of this code. (Amended Ord. 407, 6- 21 -11) B. Review Criteria: 1. Variances shall only be permitted when they are in harmony with the general purposes and intent of the official control and when the variances are consistent with the comprehensive plan. (Amended Ord. 407, 6- 21 -11) --� 2. Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the official control. "Practical difficulties," as used in connection with the granting of a variance, means: a. The property owner proposes to use the property in a reasonable manner not permitted by an official control; b. The plight of the landowner is due to circumstances unique to the property not created by the landowner; c. The variance, if granted, will not alter the essential character of the locality; d. Economic considerations alone do not constitute practical difficulties. (Amended Ord. 407, 6- 21 -11) C. Conditions Authorized: The City Council may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. (Amended Ord. 407, 6- 21 -11) D. Specific Variances Authorized: No variance may be granted that would allow any use that is not allowed in the zoning district in which the subject property is located, except as follows: (Amended Ord. 407, 6- 21 -11) 1. Variances shall be granted for earth sheltered construction as defined in Minn. Stat. 216C.06, subdivision 14, when in harmony with the official controls. (Amended Ord. 407, 6- 21 -11) 2. Variances may be granted for the temporary use of a one family dwelling as a two family dwelling. (Amended Ord. 407, 6- 21 -11) E. Procedure: The procedure for granting variances is as follows: 1. Request For Variance; Fee: A person desiring a variance shall fill out and submit to the Community Development Director a request for variance application form together with a fee as set forth by ordinance. (Amended Ord. 407, 6- 21 -11) 2. Planning and Zoning Commission Review: A public hearing shall be See subsection 1 -7 -3H of this code. held by the Planning and Zoning Commission as provided in City Code 12 -14 -8. The Planning Commission shall make a recommendation to the City Council based upon the provisions of City Code 12 -14 -7. (Amended Ord. 407, 6- 21 -11) 3. City Council Action: The City Council may grant the variance based upon the provisions of City Code 12 -14 -7. (Amended Ord. 407, 6- 21 -11) 4. Appeals: The petitioner, if appealing an interpretation of this title by an employee of the city which would require him /her to obtain a variance, shall have the fee refunded if his /her appeal is upheld by the City Council. 5. Emergency Variance Requests: The City Council may waive Planning and Zoning Commission review and take immediate action on emergency variance requests that affect the immediate health, safety and welfare of the citizens of Andover or if time constraints present severe hardship to the applicant. The applicant is required to show the immediacy of the issue and the potential health, safety or welfare threat. The City Council shall determine if the request warrants immediate review. (Amended Ord. 407, 6- 21 -11) 6. Time Limit On Implementing Variance: If the City Council determines that no significant progress has been made in the first twelve (12) months after the approval of the variance, the variance will be null and void. (Amended Ord. 8, 10 -21 -1970) 12 -14 -8: PUBLIC HEARING PROCESS: B. ouncil Actions Requiring a Public Hearing: The following Council actions s require a public hearing: Variance 2. ditional Use Permit (CUP) 3. Rezo and Text Amendment 4. Sketc ' h P 5. Preliminary 6. Comprehensive Amendment C. Public Hearing 1. A public hearing on an applica for Council actions in this chapter shall be held by the Plann Commission in accordance with the Minnesota State tutes. 2. A notice of the time, place, and purpose he hearing shall be published in the official newspaper of the cit n (10) days prior to the day of the hearing. 3. Property owners and occupants within three hund fifty feet (350') of subject properties located inside the Municip Urban CHAPTER 1 SPLITTING LOTS, PARCELS OR TRACTS OF LAND SECTION: 13 -1 -1: Definition 13 -1 -2: Minimum Lot Requirements 13 -1 -3: Frequency Of Splitting Lots 13 -1 -4: Application For Lot Split 13 -1 -5: Fees 13 -1 -6: Review And Recommendations 13 -1 -7: Variances 13 -1 -8: Compliance With Provisions 13 -1 -9: Application And Term Of Provisions; Conflicts 13 -1 -10: Enforcement And Penalty 13 -1 -1: DEFINITION: A "lot split" is any division of a lot, parcel, or tract of land into not more than two (2) parcels when both divided parcels meet or exceed the minimum requirements for platted lots in the applicable zoning district. (Amended Ord. 40, 8 -16 -1977) 13 -1 -2: MINIMUM LOT REQUIREMENTS: No lot, parcel or tract of land shall be divided unless the resultant lots have at least the minimum width, depth and square footage as required for any parcel of land in the zoning district wherein the lot is located. (Amended Ord. 40, 8 -16 -1977) F -1 -3: FREQUENCY OF SPLITTING LOTS: No owner may utilize this ethod of land division on any parcel more than one time in any three (3) year riod. A three (3) year waiting period for a lot split is required on all lots, parcels tracts from the date they were created by previous lot splits under this chapter. (Amended Ord. 40, 8 -16 -1977) 13 -1 -4: APPLICATION FOR LOT SPLIT: The applicant shall provide the following information: A. The scale and north direction. B. Dimensions of the property. C. Names and locations of adjacent streets. D. Location of existing buildings on and within one hundred feet (100') of 15873 Linnet Street NW �^ K �� �ca�Uon Map F129 M72\ Ise: 15884 15987 JL5992 .1,1367 15973 15927 sm 7119 15827 15826 ' 17,57 �15232- 72273722"1 lled.11593j2 L.— 1583Q-,Z 15,1 233�/23LSI 39 r15770 f 15757 15758 L7 Me 2176 0 2032 117ad 19" 1911 10810 is" IiL6- 15117 1501 15670 Ij Its S 17— UNITS!"� loss 101. ML. 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The maps and documents are created as part of the Geographic Information System (GIS) that compiles records, information, and data from various city, county, state and federal resources. c Copyright @xn,a City m Andover, All Rights Reserved ~ Printed 08/08/2013 #` . .• j2054 Z� 15911 al S , Kr sprrakv A� c 1825 i 1913 1837 1799 yMa �1'S873� r > taC, `gilfy,ty.. 4 I 1788 ri ; g w 158TH LN rv, k,1 v 15841 15840 i ��" u w , I , wevllarM Cnallry: 15837 .._.. I 17Ri I � ... ........... . I 13833 I5832 � i 13827 15,012 .. 15821 ; 15822 158TH AVE 15617 __ 15798 1 15809 15810 w f q 4 _ J 1 S j 15807 i 15790 i 15795 15796 I 15797 15782 F. 15797 y 15788 ' 15785 15774 13775 i 15774 .tt i 15773 15766 15757 j 15760 � �T ^.y` Disclaimer: Maps and documents made available to the public by the City of Andover are not legally recorded maps or surveys and are not intended to be used as such. The maps N and documents are created as part of the Geographic Information System (GIS) that compiles records, information, and data from various city, county, state and federal resources. W* e Copyright © 2013 City of Andover, All Rights Reserved Printed 08/0812013 s 15914 I I x 1971 1 1859 1947 1935 1921 1 j { 1911 ' I58THLN u 158TH LN j 15858 15859 i � 15856 � isaa4 i 2 15841 l5e42 i 2023 15832 15831 ISB30 15820 15819 15818 1WHAVE O1 .. 15808 ... � 15807 15801 j 2 ._ .................. ... ..._._... _. .._... : J 36 i ' 15796 � i L5797 I 15798 ,y .____. ...... ___...._.__. .. . ... _... .... ! F 15784 15783 1 15786 , i _ i j 15770 15771 15772 2057 - f 1933 _ 15]60 j 15757 i 15759 { Z� 15911 al S , Kr sprrakv A� c 1825 i 1913 1837 1799 yMa �1'S873� r > taC, `gilfy,ty.. 4 I 1788 ri ; g w 158TH LN rv, k,1 v 15841 15840 i ��" u w , I , wevllarM Cnallry: 15837 .._.. I 17Ri I � ... ........... . I 13833 I5832 � i 13827 15,012 .. 15821 ; 15822 158TH AVE 15617 __ 15798 1 15809 15810 w f q 4 _ J 1 S j 15807 i 15790 i 15795 15796 I 15797 15782 F. 15797 y 15788 ' 15785 15774 13775 i 15774 .tt i 15773 15766 15757 j 15760 � �T ^.y` Disclaimer: Maps and documents made available to the public by the City of Andover are not legally recorded maps or surveys and are not intended to be used as such. The maps N and documents are created as part of the Geographic Information System (GIS) that compiles records, information, and data from various city, county, state and federal resources. W* e Copyright © 2013 City of Andover, All Rights Reserved Printed 08/0812013 s Attachment 2a Honorable Mayor and Council Members: I am requesting a variance from city code title 13, section 13.1.3 (frequency of splitting lots) allowing me to split and sell one of my remaining lots at this time. As you can see in attachment 2b of this request, the remaining lot in question has been fully graded to plan, Cardinal Ridge 2nd Edition, and once split from existing property will be ready for sale. I currently have support from all home owners in the vicinity of this lot as most want the lot to be built on so the neighborhood looks complete without a non maintained empty lot. I understand the reasoning for the necessity of this section of code, to prevent lot splitting in large parcels without a grading plan but as you can see this lot is fully graded to plan and therefore I am requesting your approval to this variance. Thank you for your consideration. Sincerely, Scott Allen 15873 Linnet St NW Andover, MN 55304 Section 13.1.3: Frequency of splitting lots: No owner may utilize this method of land division on any parcel more than one time in any three (3) year period. A three (3) year waiting period for a lot split is required on all lots, parcels or tracts from the date they were created by previous lot splits under this chapter. (Amended Ord. 40, 8 -16 -1977) ax1;,:uUIII ur tI. sa th l., m sau «r u, i.aw�q all. .1 s.mh a. emr'^ X PHn4H.Fn F...P Y ' m nx. x I� 1 io..n.M1IP ] °I:'lol .'], S..11.. .11 .1. 111° V,w1 N: IXxxr ;,, Imo- I I unl \VII VI—I I � I \IV \7L_ I. - __________________i __________________I f I Nd I I I I I I I I I I I I I z 8 5s�i � I / It G ) G') I CJ I �Y I \� I II I I <C I I I C� I Certificate of Survey r' jDr r SCOTT ALLEN x�ii N'H'pi.�u' %.ipluu'to'i.nu�vq 'uu'wiIw,pp.x1.IY mf nxNii�mrNo.r .1 N: —Na N W —th lCwxX W .1 x XuxxN Nxp le.. N. ..Y_., a...., a.X.. _ xwmN YU4. I�Y�nY� [� 1YirY.W reel 14. Y..1 rm0m Nn IW Wr Heal. ux emr'^ X PHn4H.Fn F...P Y w . W..rylM�. �Pwx E.N .. Il..,e.,..+ +..r .uxniTro l xv ix .I.m.. la.r. ue, n xmrn. w SIOE (la.Eaa LL 5MMMPE)t 1. 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KEPT TO AN ABSOLUTE MINIMUM WITHIN THE SODDING THAT PORTION OF THE POND. R SHALL BE 2. SEE SHEETS 06, G7 AND G8 FOR DETAILS, NOTES AND TABLES. INFILTRATION AREA OF THE POND. BELOW THE 897.0 FLOODED FOR VERIFICATION OF THE 0.6 in /hour 3' SITE DISTANCE REQUIREMENTS ARE MET AT INTERSECTIONS, CONTOUR. INFLTRATON. 4. SEE SHEET 7 FOR LOT TABUUTION AND STORM SEWER SCHEDULE. sar x DAT REV1s1Dx Ia °1i1.�., ��. -- ®• GRADING, DRAINAGE AND EROSION HokOison Anderson Assoc., Inc. MINKS HAND DEVELAPNENT, INC. CONTROL PLAN 3 N CM, EnVINaam and Lana SumeTan a ucA 3XaE Thanlaa Ate... Anoka. Mine". 33303 CARDINAL RIDGE 2ND ADDITION CITY OF ANDOVER MINNESOTA 7 763 -427 -3660 FA% 763 -427 -0520 sx[m DaIM 9/24LQ6._ Da N°. 28906 TAE wW.hakaNwn- and...... aN 29(1252T 4-0 f I / / I I I I / I e ��aM• I - I - I - -L I �Df•_P- D. 'I , Wj",jr"',71I I I _ A; a I I- I I�I I I 11 I �" I %i( 10 E'I� _, % i ul II 11 i li it Iii gr � I. �1 I• .I I. .I I I -1 L-------- L—+" -- -----J L------ -J L----- _J _ _ 0 N 1 r� I I ili I 1 6EVAlgN NEN NEW. 1R 4v[ ngNNtOM }wN PFC mY'� Dora, 0 urcx TRFE PROTECTION FENCING enm O $IANOAROM NUMHO CITY OF ANDOVER MINNESOTA 610 N01ES: M S10AW[ p w1ERwS CP[W, " wCXIMIB'. OR CEVFIOP OF AM' SCRI wu MCLa xTW �IK wKOUND ii E cF vRDrzL1M OfulEnMx WNWiJI ApvRwN. rt TxE woNYA EMC, PRD1ECrnt DDANATOX mxnxw.sY u.Dxs owr uN of sIGxlFUwr 1X[15 CIOEESi M SIRE[i Rg1113E -WAY. FYW IOGMN DF DB UTION SUB,EC! ID .VpRCMI BY ENDINCER W ME . EOEI. V•�I. TO NRK PO515 a A XEIGW M 4 . DRIDRW l HECE .1 1R ..R S NK BEEN CYLM, N EDx10.4.RDRi wK BEEN BRrtSED ON %R'YhVAMN T ..' a PRY1vURf2. 1RDILX " UNDFAD W NXBIES S BE PEAWf1ED CN THE Wes'JIAN] SDE OF PROi, D61NFA1 R' pp,MxRl 6 HEC6BARl, %NwxG . BE DONE BY PRg65RRWS WwNG MPROPRNIE PWIMNO SGNI fO0. RpECIfS. CGNIPILiM SWIl BE F6PoMIYF iOR ALL C3,5 OF 13E R[FVCFYEM RL51A1NO fAO„ WUGE 10 iRE[5 MRNI %i01ECifD MG4 CDNWCf01t 51VI1 BE REPORNBLE FOP WINGMXO NMIECME OEDNOOEN ANJ SKNB IN MD REPMI lXRM1B,UVE D, TEN OF PRWER. NOIL N1 VIYJRES NNT F AS A PMT OF TIE DMLC w W BE BERN SMEO Rlcros -a -wAr OR I.T. OsOENT. Hakanson Anderson Assoc„ Inc. I MINKS LAND DEVELOPMENT, INC. I TREE PRESERVATION PLAN DINT EoBlnA-. An bnN Survryen BF Bsm U-4 AW. FU 7 — m sssos CARDINAL RIDGE 2ND ADDITION CfIY CIF ANWVER, MINNESOTA 7 165- azi -seso FAx Tse- ui -oszD 2 II (-L i_.L %LIY LiJ ±TREE SAVE CONTACT THE CITY FBRESIER (ENGINEERING DERARTMENT) AT A•i AREA 755 -5100 TO RRANGE A 'RECONSTRUCTION CONFERENCE YII01 THE CITY �7I FORESFER/IREE INSPECTOR PRIOR TO AM' LAND DI511RB L no UVE MA Y.I �L1��LL11J11 //J.ddd JUN 1 1 S 211M 09 ALL MEE PROTECTION MEASURES SHALL K INSTALLED PWR TO BUILDING EICR To BE pI/cE 1M'O CL wnln itNC TIRO WMOfD LOf MEA M WONEYJLL $RCMD5 WGRF NNSfRUGRON. MTEn. N1D ONE ON FILI TRFE I1T MPA ,o BE sAVCD. slues TD BE AFTB2D ro siEV vases ORANGE POLY SAFETY FENCE OR ORANGE SILT FENCE SW BE ,µL pABSJF ma pRDrzCDOX y:rsT BE ACCOMPMI'FO CITY OF ANDOVER AORME oIR &D BYIM WN NRTES E BF •N p qT oR m¢ s E AE• AGMOE sOUi p Ff£I ORlIMC TWIG °I. CIGN NO SWF Hakanson Anderson Assoc„ Inc. I MINKS LAND DEVELOPMENT, INC. I TREE PRESERVATION PLAN DINT EoBlnA-. An bnN Survryen BF Bsm U-4 AW. FU 7 — m sssos CARDINAL RIDGE 2ND ADDITION CfIY CIF ANWVER, MINNESOTA 7 165- azi -seso FAx Tse- ui -oszD 2 I Ila& ......... .. r. Regular Andover Planning and Zoning Commission Meeting Minutes — August 13, 2013 Page 6 Co issioner Gudmundson stated if they need to meet all of the requirements, it may be hard to eet item 3, which talks about the essential character of the locale and the look of I Ms. H son indicated there are building criteria in the code that need to be met. Community evelopment Director Carlberg stated the discussion has been good to find out what the st cture looks like but what the Commission needs to evaluate is if it is acceptable to give two -foot variance based on the location of the structure and setbacks. Chairperson Daninger hkdicated he did not have a problem with this. Commissioner Holthus thouk4t this met the criteria to grant a hardship. Motion by Holthus, seconded by meth, to recommend to the City Council approval of a variance at 15511 Juniper Street N , requesting to reduce the side yard setback from ten (10) feet to eight (8) feet for an exis ' n g structure and to allow the construction of an addition. Commissioner Koehler stated there is a sunset use on this variance so everything needs to be completed within one year. Commissioner Cleven stated he was interested in the la out of the two buildings and he wondered if there is enough space between the homes if a emergency vehicle needs to get through. City Planner Hanson indicated there would be ough space for emergency vehicles to get through if needed. Community Development ector Carlberg noted the yard would not support a fire truck. If a fire occurred it would be andled from the road. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Peterson) City Planner Hanson stated that this item would be before the Council at tN August 20, 2013 City Council meeting. PUBLIC HEARING. Variance —15873 Linnet Street NW— Request to allow a lot split more than one time in any three (3) year period as regulated in Andover City Code Title 13, Chapter 1, Section 3 — Scott Allen. City Planner Hanson noted the purpose of this item is to hold a public hearing and take input on a variance request to allow a lot split more than one time in a three -year period as regulated in Andover City Code Title 13, Chapter 1, Section 3. City Planner Hanson reviewed the proposed variance with the Commission. Chairperson Daninger explained what the Commission needed to review. Regular Andover Planning and Zoning Commission Meeting Minutes — August 13, 2013 Page 7 Commissioner Gudmundson asked if the City Council is working on an amendment for this, why wouldn't the City wait until it is done and then Mr. Allen could come forward. Commissioner Nemeth thought this might have to do with timing also. Commissioner Koehler indicated he is friends with Mr. Allen so he will participate in discussion but abstain from voting on this item. Commissioner Holthus asked for clarification on the amendment the City Council is working on and what that involves. Community Development Director Carlberg stated the Council has not had it before them at this point but at the January City Council work session, there was discussion to work on changing the code. He noted staff is working on information to bring back to the Council. Staff is currently working on the land use table but the Council wants to provide some exceptions to the three -year rule. He thought Mr. Nemeth stated it correctly, that it is a timing issue. Chairperson Daninger stated this item is talking about the variance to the timing of the lot split and Mr. Allen will come forth with more detail when he applies for the lot split if the variance is granted. Commissioner Gudmundson asked staff what the initial thought process was behind the three -year split rule. Community Development Director Carlberg stated this came about because the City did not want to see the developers or landowners circumvent the platting process and just carving up pieces of property. He noted the Council has been pretty strict over the years in making people do three lot subdivisions but some of the circumstances have changed and this is a homeowner surrounded by urban development and streets and utilities are there. The Council thought it was time to make some changes or set some exceptions to that rule, but still direct people through the platting process rather than the lot split process. Chairperson Daninger asked whether the Commission is looking to discuss this or make a recommendation. He asked what they need in order to deny or approve this. City Planner Hanson stated the approval was to allow Mr. Allen to split more than one time in any three -year period. Community Development Director Carlberg stated the City believes Mr. Allen meets those criteria, as far as the utilities and streets. If the variance is granted, there will be a lot split application filed concurrently with a rezoning application, the Planning Commission will look at all those conditions in order to approve the split. Commissioner Holthus asked if the amendment was accomplished and in the Code how would things be different. Community Development Director Carlberg explained how the amendment will work once approved. He stated the Planning Commission can still look at all the same things they would look at with a plat, and can make conditions of approval with the lot split. If the amendment was in place Mr. Allen would not have to apply for a variance and would go directly to the lot split application. Regular Andover Planning and Zoning Commission Meeting Minutes — August 13, 2013 Page 8 Commissioner Gudmundson asked why they do not review both the variance request and the lot split together. Community Development Director Carlberg stated that Mr. Allen wanted to get the approval before he spends money to move forward with the lot split application. Also, Mr. Allen needs the variance approved to apply for the lot split. Commissioner Koehler stated if they are looking at this because the amendment is not out yet and they want to be able to move ahead. He asked, whether the amendment comes out or not, isn't this setting a precedent. Community Development Director Carlberg stated if the Planning Commission recommends approval for this and the Council grants approval on August 201h, other applicants could come in prior to the amendment being put in place but they would have to use the same discussions and criteria with that variance request. He expected they will have that amendment in place prior to any additional applications but they could not deny the right of an applicant to apply if they do not have it in place. Commissioner Koehler stated if the Council moves forward with approval, people can come back to the Planning Commission over and over looking for a variance outside of what the amendment is. Community Development Director Carlberg stated the new amendment would resolve this situation and create the procedure to apply for a lot split within those criteria providing the exception. The only time the Planning Commission would have another variance to this is if staff cannot get the new language in place and someone wants a variance to the three -year provision. He did not expect that to happen. Motion by Holthus, seconded by Koehler, to open the public hearing at 8:06 p.m. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Peterson) vote. There was no public input. Motion by Holthus, seconded by Koehler, to close the public hearing at 8:07 p.m. Motion carried on a 6 -ayes, 0 -nays, 0- present, 1- absent (Peterson) vote. Motion by Holthus, seconded by Gudmundson, to recommend to the City Council approval of variance request to allow a lot split more than one time in any three (3) year period as regulated in Andover City Code Title 13, Chapter 1, Section 3. Motion carried on a 5 -ayes, 0 -nays, 1- present (Koehler), 1- absent (Peterson) vote. City Planner Hanson stated that this item would be before the Council at the August 20, 2013 City Council meeting. OTHER BUSINESS. 15873 Linnet St. NW 15 -32 -24-43 -0018 Abstract CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. 107 -12 A RESOLUTION APPROVING A LOT SPLIT REQUEST TO SUBDIVIDE INTO TWO PARCELS AND A VARIANCE TO REDUCE THE LOT SIZE N THE R -1 SINGLE FAMILY RURAL DISTRICT FOR THE PROPERTY LOCATED AT 1587' ) LINNET STREET NW LEGALLY DESCRIBED IN EXHIBIT A. WHEREAS, Scott Allen has requested approval of a lot split to subdivide property located at 1587' ) Linnet Street N`vy', and; WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals and general welfare of the City of Andover, and; WHEREAS, a public hearing was held pursuant to state statutes, and; WHEREAS, the Plamring and Zoning Commission recommends to the City Council approval of the lot split, and; WHEREAS, the applicant has requested approval of a variance to reduce the lot size in the R1 Single Family Rural District from 2.5 acres to 2.0 acres, and; WHEREAS, the Planning and Zoning Commission finds the request is consistent with the purposes and intent of the ordinance since the property will continue as a residential use; and WHEREAS, the Planning and Zoning Commission does find the request consistent with the residential and housing goals, and land use objectives and policies of the Comprehensive Plan; and WHEREAS, the Planning and Zoning Commission finds the property owner intends to use the property in a reasonable manner not permitted by the ordinance since the property will continue as a residential use; however, the lot size is smaller than permitted; and WHEREAS, the Planning and Zoning Commission finds there are circumstances unique to the property that were not created by the landowner. The lot is transitional in nature - it is bordered by rural and urban lots; urban development has filled in around the lot while lots directly to the north remain rural: and WHEREAS, the Plannincy and Zoning Commission finds the variance will maintain the essential character of the locality since the siirrouuciing lots range in size from '/ acre to 3 acres and a residential use will remain on the lot; and WHEREAS, the Planning and Zoning Commission reviewed the criteria for granting a variance and the established "practical difficulties" which are defined as: 1. The property owner proposes to use the property in a reasonable manner not permitted by an official control; 2. The plight of the landowner is due to circumstances unique to the property not created by the landowner; 3. The variance, if granted, will not alter the essential character of the locality; 4. Economic considerations alone do not constitute practical difficulties. WHEREAS, the Planning and Zoning Commission supports the practical difficulties established by the applicant. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the lot split and variance on said property with the following conditions: 1. The applicant shall be required to pay a park dedication fee for the new lot in the amount of $2,650 and a trail fee in the amount of 5703. 2. The applicant shall provide 10 -foot drainage and utility easements around the perimeter of the R -I Waal lot and a minimum 5 -foot easement along the side lot lines and a 10 -foot easement along the front and rear lot lines of the R -4 urban lot. 3. Boundary surveys showing drainage and utility easements and legal descriptions shall be provided and signed by a licensed land surveyor. 4. Legal documents conveying the drainage and utility easements to the City of Andover shall be submitted and reviewed by staff for accuracy. 5. The existing individual septic treatment system shall remain in use until the well and/or septic system fails. At which time connection to the municipal water and sewer system shall be required. 6. The new urban lot shall be required to connect to municipal sewer and water and pay all related fees and assessments as required. 7. The lot split is subject to a sunset clause as defined in Ordinance No. 40, Section III(E) and the variance shall be subject to a sunset clause as provided in 12- 14 -7E.6. Adopted by the City Council of the City of Andover- on this 16th day of October, 2012, CITY OF ANDOVER _� 1 ATTEST: Michael R. Gamacbe, \ /layor elchelle Hartner, Deputy City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R062 -12 A RESOLUTION DENYING A VARIANCE TO CITY CODE 13 -1 -3 FREQUENCY OF SPLITTING LOTS ON PROPERTY LOCATED AT 15873 LINNET STREET NW LEGALLY DESCRIBED ON EXHIBIT A. WHEREAS, the Planning Commission held a public hearing and reviewed the variance request to allow two lot splits without compliance with the three year waiting period provided in City Code 13 -1 -3; and WHEREAS the Planning Corrunission finds the request does not comply with City Code 13 -1 -3; and recommends denial of the proposed variance; and WHEREAS, the City Council is in agreement with the recommendation of the Planning Commission that the request does not comply with City Code 13 -1 -3; and WHEREAS, the City Council finds that the granting of the variance would circumvent the platting process as required by the City Code. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the recommendation of the Planning Commission and hereby denies the variance request based on the findings in this resolution. Adopted by the City Council of the City of Andover on this 19th day of June, 2012. CITY OF ANDOVER ATTEST: tt ae1 R. Gamac e, Mayor r. Mi helle Hartner, Deputy City Clerk C A I T Y O F (5) ND OVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members CC: Jim Dickinson, City Administrator FROM: Scott Baumgartner, City Attorney SUBJECT: Amendment to the Andover City Code Regarding Fines. DATE: August 20, 2013 REQUEST The City Council is requested to review and approve an amendment to the City Code regarding fines. At the time of the writing of this report, the table of code changes had not been completed. The Council will receive under separate cover prior to the meeting a copy of the proposed code amendments. BACKGROUND The Courts have begun a project to add local ordinance and administrative rule violations to the MN Court Information System (MNCIS) offense code table. Adding ordinance violations to the MNCIS offense code table will allow fine amounts and other unique offense data to auto populate in MNCIS the same way it does today for statutory violations. Currently, the MNCIS offense code table does not include unique offense codes for individual ordinance and administrative rule violations. The consequences if valid, current, and complete ordinance data is not added to the MNCIS offense code table include: • If the MNCIS offense code table and charged ordinances do not match, eCitations and eComplaints will be auto rejected and initiation of paper citations and complaints into MNCIS will be delayed until the issue of unmatched charge codes is resolved. • MNCIS will assign the incorrect case type and/or level of offense, resulting in incorrect case processing and incorrect collateral consequences for offenders. • Incorrect codes and/or descriptions of ordinance violations could result in a higher volume of contested hearings and possible dismissals. For these reasons, the Courts wanted to provide prosecuting agencies with an opportunity to validate and supplement the current local ordinance data for their jurisdictions so valid, current and complete ordinance data gets inputted into the MNCIS offense code table to avoid citation entry delays and rejected efilings. It's important to note that although prosecuting agencies can recommend that an ordinance violation be payable and the corresponding fine amount, only Judges have the authority to designate an ordinance violation as payable and set the payable fine amount (See Minn.R.Crim.P. 23.03). The table will identify the City's most commonly cited Ordinance violations, their designated level of offense, whether they are payable offenses, and if so, the designated fine amount. The redlining identifies changes, additions and deletions to what the Courts previously had on file for the City. ACTION Review and approve the proposed changes, additions and deletions to the City Ordinance violations. The final version will then be forwarded to Court Administration for review and approval by the Judges. C I T Y O F ,ND OVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.AN DOVER. MN.US TO: FROM: SUBJECT: DATE: Mayor and Council Members Jim Dickinson, City Administrator Schedule September EDA meeting August 20, 2013 INTRODUCTION The Council is requested to schedule an Economic Development Authority (EDA) meeting at 6:00 pm before the September 3, 2013 City Council meeting. DISCUSSION Tentative agenda items for an EDA meeting have been identified as follows: 1. Approve Meeting Minutes 2. Public Hearing - EDA Land Sales 3. Parkside at Andover Station Update 4. Cherrywood Advanced Living Update 5. Andover Station North Marketing Update 6. Redevelopment Discussion 7. Update on Arbor Oaks Project 8. Other Business Other items may be added upon request, or the meeting will be cancelled if no new information comes forward on the identified agenda items. ACTION REQUIRED Schedule an EDA meeting at 6:00 pm before the September 3, 2013 City Council meeting. 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Schedule September Council Workshop DATE: August 20, 2013 INTRODUCTION The Council is requested to schedule a Council Workshop for the month of September for a number of miscellaneous business items. DISCUSSION Potential agenda items for a general September workshop have been identified as follows: 1. Community Tour 2. Presentation from Community Center Advisory Commission 3. Discuss City Code 12 -12 Permitted, Conditional and Prohibited Uses 4. 2014 -2018 CIP Development Discussion 5. 2014 Budget/Levy Development Discussion 6. 2013 General Fund Budget Progress Report 7. August 2013 City Investments Review 8. Other Topics Other items may be added upon Council request or operational need. ACTION REQUIRED Schedule a Council workshop; suggested dates are either September 10th or 24th at 6:00 pm or another date and time acceptable to the Council. kC I T Y 0 F 1 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: Administrator's Report DATE: August 20, 2013 The City Administrator and Department Heads present will provide a brief verbal update on various items of interest to the City Council and to the residents at the meeting. Listed below are a few areas of interest: 1. Administration & City Department Activities 2. Update on Development/CIP Projects 3. Meeting reminders Upon receipt of the meeting packet, if a member of the Council would like an update on a particular item, please notify me so an adequate update can be made. submitted, Dickinson C I T Y O F ND 60V 1685 CROSSTOWN BOULEVARD N.W. •ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.ANDOVERMN.GOV TO: Mayor & Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Supplemental Agenda Item for August 20, 2013 City Council DATE: August 20, 2013 The City Council is requested to receive the following supplemental information. Discussion Items\ Item #7 Anoka County Sheriff's Office Monthly Report (Supplemental) — Sheriff Item, #13. Approve Amendment to the City Code Regarding Fines (Supplemental) — City Attorney submitted, Dickinson Administrator CITY OF ANDOVER (:S) i u Ly 2013 ITEM I Sunday n"� 13 1 - -YTD 2073 'W- D 2012 Radio Calls 856 920 5,548 5,666 Incident Reports 879 881 5,893 5,009 Burglaries 9 6 32 52 The s 46 63 247 266 Crim Sex Conduct 0 0 6 10 Assault 5 4 25 21 Damage to Property 13 19 72 114 Harass Comm 3 6 40 46 Felony Arrests 6 5 38 38 Gross Misd Arrests 1 2 13 12 Misd Arrests 28 49 193 145 DUI Arrests 5 3 28 48 Domes c Arrests 6 7 32 29 Warrant Arrests 12 9 65 40 Tra c Arrests 263 199 1,579 7:1,3:86:11 * Total Radio Calls for the month and YTO are the sum from City of Andover and Community Service 0 cer pages. DUI OFFENSES: DAY OF I Sunday Monday Tuesday Wednesday Thursday Friday Saturday WEEK: F7TIME: 01:41 20:06 03:17 07:07 22:34 CITY OF ANDOVER- COMMUNITY SERVICE OFFICERS i u Ly 2013 ITEM YT D 0- Radio Calls 103 88 538 644 Incident Reports 96 82 516 699 Accident Assist 6 4 32 22 Vehicle Lock Out 13 10 105 128 Extra Patrol 149 269 1,296 1,519 House Check 0 0 0 14 Business Check 0 0 3 9 Animal Complaints 27 36 156 247 Tra c Assist 3 7 41 64 Aids: Agency 27 23 179 463 Aids: Public 52 21 262 269 Paper Service 0 0 0 0 Inspec ons 0 0 0 2 Ordinance Viola ons 2 6 32 * Includes Andover Parks patrolling by CSOs. Jurisdiction (11 a. Ordinance Payable Base Fine Certify and Rule Ordinance and Rule Description Degree Indicator Amount Offense Code to DPS Category Number Indicator 1.9 Violation Prevailing Wage Regulations Misdemeanor No COMMERC No Ordinance 3.1A.1 3.2 Liquor License Required Misdemeanor No LI UOR No Ordinance 3.1A.11 3.2 Liquor License — Hours Operation Misdemeanor No LI UOR No Ordinance 3.11.A.1 3.2 Liquor License — SpecialLicense — PermitReauired Misdemeanor No LIQUOR No Ordinance 3.11.A.2 3. 2 Liquor License — Special License —Days Permitted Misdemeanor No LI UOR No Ordinance 3.1B.1.A Liquor License Required Misdemeanor No LIQUOR No Ordinance 3.1B.1.B Liquor PermitReauired Misdemeanor No LIQUOR No Ordinance 3.18.10.E LiquorLicense — HoursOperation Misdemeanor No LI UOR No Ordinance 3.18.10.E.1.a LiquorLicense — SpecialLicense — Hours Misdemeanor No LIQUOR No Ordinance 3.18.10.E.1.b Liquor License — Special License — Days Misdemeanor No LIQUOR No Ordinance 3.18.10.1' LiquorLicense — Consumption /Presence After Hours Misdemeanor No LIQUOR No Ordinance 3.1B.1O.G Liquor License— Poss. & Consumption Off Premises Misdemeanor Yes 100.00 LIQUOR No Ordinance 3.18.10.1 LiquorLicense — Gambling Misdemeanor Yes 100.00 LIQUOR N.4 Ordinanc e 3.1B.1O.K LiquorLicense — Physical Contact Entertainment Misdemeanor No LI UOR No Ordinance 3.18.11.8 LiquorLicense — Sunday Sales — Hours Misdemeanor No LIQUOR NO Ordinance 3.111.12 Minors — Possession of Alcohol Misdemeanor NO LIQUOR No Ordinance .13 B. 12. Minors on Liquor License Premises Misdemeanor No LI UOR No Ordinance 3.18.12.8 Minors — False Representation Misdemeanor Yes 100.00 LIQUOR No Ordinance 3.16.13 Providing Alcohol to Minors Misdemeanor No LIQUOR No Ordinance 3.1C.4 Outdoor Party— License Required Misdemeanor Yes 100.00 LI UOR No Ordinance 3.2.2 Tobacco License Required Misdemeanor No TOBACCO No Ordinance 3.2.-116.A.4 Procure Tobacco To Minor Misdemeanor No TOBACCO No Ordinance 3.4.4 Pawnbroker — License Required Misdemeanor No COMMERC No Ordinance 3.4.11 Pawnbroker — Display of License Misdemeanor Yes 50_00 COMMERC No Ordinance 3.4.12 Pawnbroker— Hours of Operation Misdemeanor No COMMERC No Ordinance 3.4.13. E.1 Pawnbroker — Prohibited Purchase Certain Persons Misdemeanor No COMMERC N Ordinance 3.4.13.E.2 Pawnbroker — Identification Required Misdemeanor Yes 50_00 COMMERC No Ordinance 3.5.2 Peddlers License Required Petty Misdemeanor Yes 50.00 OFFCON No Ordinance 3.5.3 Solicitors - Registration Required Petty Misdemeanor Yes 50_00 OFFCON No Ordinance 3.5.8.8 Peddlers Interfering With MV /Pedestrian Traffic Petty Misdemeanor Yes 50_00 OFFCON No Ordinance 3.5.12.A Solicitation After Hours Misdemeana Petty Misdemeanor Noyes 050_00 OFFCON No Ordinance 3.5.12.8 Solicitation — Posted No Soliciting Petty Misdemeanor Yes 50_00 OFFCON No Ordinance 3.5,12.D Solicitation In Public Right of Way Petty Misdemeanor Yes 50_00 OFFCON No Ordinance 3.5.12.E Soliciting on Private Property w/o Permission Petty Misdemeanor Yes 50_00 OFFCON No Ordinance I Andover I Andover Andover Andover 3.6.4.8 Massage License Required Misdemeanor No COMMERC No Ordinance 3.6.7.A.1 Massage TherapistLicense — DisolavofLicense Misdemeanor Yes 50.00 COMMERC No Ordinance 3.6.7.A.2 Massage Therapist License — Hours Operation Misdemeanor No COMMERC No Ordinance 3.6.7.A.3 Massage Therapist License — Genitalia to be Covered Misdemeanor No COMMERC NN9 Ordinance 3.8.3 Vehicle Sales— License Required Misdemeanor No COMMERC No Ordinance 4.1.2.A Public Nuisance— Dangerous Conditions Misdemeanor No OFFCON No Ordinance 4.1.2.8 Public Nuisance — Obstructing Public Ways /Water Ways Misdemeanor Yes 50.00 OFFCON No Ordinance 4.1.2.0 Public Nuisance— Interference With Health Officials Misdemeanor No POLICE No Ordinance 4.1.2.D Public Nuisance— Deposits of Used Tires Misdemeanor No GARBAGE No Ordinance 4.1.2.E Public Nuisance — Accumulation of Debris Misdemeanor Yes 50.00 GARBAGE No Ordinance 4.1.2.F Public Nuisance — Junk Vehicles Misdemeanor Yes 50.00 ABANDMV No Ordinance 4.1.2.G Public Nuisance— Dilaoidated Structure Misdemeanor No HOUSING No Ordinance 4.1.2.H Public Nuisance— Integrity of Dwelling Misdemeanor No HOUSING No Ordinance 4.1.2.1 Public Nuisance— Remodeling Projects Misdemeanor Yes 50_00 HOUSING No Ordinance 4.1.2.1 Public Nuisance — Garbage & Refuse Misdemeanor Yes 50.00 GARBAGE No Ordinance 4.1.5 Interference With Enforcement Official Misdemeanor No POLICE Ng Ordinance 4.2.3 Accumulation of Refuse Misdemeanor Yes 50_00 GARBAGE NQ Ordinance 4.2.4.A Deposit of Refuse. Recvclables & Yard Waste Misdemeanor Yes 50_00 GARBAGE N2 Ordinanc e 4.2.4.8 Burying Refuse Misdemeanor Yes 50.00 GARBAGE No Ordinance 416.A Refuse Collectors— License Required Misdemeanor No COMMERC No Ordinance 4.2.7.13 Refuse Collectors— Hours Misdemeanor Yes 100.00 COMMERC No Ordinance 4.32.0 Interference With Natural Resources Technician Misdemeanor No POLICE No Ordinance 4.34.A Tree Contractors— License Required Misdemeanor No COMMERC No Ordinance 4.43.A Removal of Noxious Weeds Petty Misdemeanor Yes 50_00 HOUSING No Ordinance 4.4.3. B.1 Grass Height— Less Than 1 Acre Petty Misdemeanor Yes 50.00 HOUSING No Ordinance 4.4.3.8.2 Grass Height — More Than 1Acre Petty Misdemeanor Yes 50.00 HOUSING No Ordinance 4 -1 E, Interference With City Officials Misdemeanor No POLICE No Ordinance 5.1A.2.A Dog License Required MisdemeaneFPetty Misdemeanor Yes 1040_00 ANIMAL No Ordinance 5.1A.3 Number of Dogs /Cats Restricted ""'•a. mean -- Petty Misdemeanor Noyes 40_00 ANIMAL No Ordinance S.1A.4.A Nuisance Dog Prohibited MisdemeanefPetty Misdemeanor NeYes 050_00 ANIMAL No Ordinance 5.3A.S.A.1 Control of Animal — Dog Bite Misdemeanor No ANIMAL No Ordinance 5.1A.5.B Removal of Dog Excrement Required MisdemeanerPe[ty Misdemeanor NeYes 040_00 ANIMAL No Ordinance 341.6 DoggarkiAg{9istaFbing Wsderneano No ANIMA Ne Ordrnarree 5.1A.9.A Improper Food/Shelter for Domestic Animal Misdemeanor No 0 ANIMAL No Ordinance 5.1A.9.B Improper Treatment of Domestic Animal Misdemeanor No 0 ANIMAL No Ordinance 5.1A.13 Dog Kennels— License Required Misdemeanor No ANIMAL No Ordinance SAC.2 Prohibited Animals Misdemeanor No ANIMAL No Ordinance Andover 5.2.1.8.1 Curfew -11 Years and Younger Misdemeanor No CURFEW No Ordinance Andover 5.2.1.8.2 Curfew -12 to 14 Years Misdemeanor No CURFEW No Ordinance Andover 5.2.1.8.3 Curfew - 15 to 17 Years Misdemeanor No CURFEW No Ordinance Andover 5.2.1.0 Curfew - Parent or Guardian Resoonsibilitv Misdemeanor No CURFEW No Ordinance Andover 5.3.3.A Lawful Gambling -State License Required Misdemeanor No COMMERC No Ordinance Andover 5.4.1.0 Discharge of Firearm Prohibited on Private Property Misdemeanor No 0 WEAPON No Ordinance Andover 5.4.1. D.1 Discharge of Firearm or Bow Near Residence Misdemeanor No WEAPON No Ordinance Andover 5.4.1.D.2 Discharge of Firearm or Bow °•-h',' a n Public Property Misdemeanor No 0 WEAPON No Ordinance Andover 5.4.1.D.3 Discharge of Rifle or Handgun Misdemeanor No WEAPON No Ordinance Andover 5.6.2.A Loud Motor Vehicle MisdemeanerPetty Misdemeanor Yes 50.00 NOISE No Ordinance Andover 5.6.2.8 Noises Prohibited Horns MisdemeanoFPetty Misdemeanor "eyes 050.00 NOISE No Ordinance Andover 5.62.0 Loud Exhaust Petty Misdemeanor Yes 50_00 NOISE No Ordinance Andover 5.6.2.E Excessive Noise- Loading & Unloading Petty Misdemeanor Yes 50.00 NOISE No Ordinance Andover 5.6.2.F Loud Music AA sclem ea nGFPetty Misdemeanor Noyes 0100.00 NOISE No Ordinance Andover 5.6.2.G Loud Party MisdemeaneFPetty Misdemeanor Noyes 0100.00 NOISE No Ordinance Andover 5.6.2.H Loudspeaker /Amplifier for Advertising Petty Misdemeanor Yes 50.00 NOISE No Ordinance Andover 5.61A Construction Noise - Hours Petty Misdemeanor Yes 50.00 NOISE NQ Ordinance Andover 5.64.A Exceeding Allowable Noise Limit Petty Misdemeanor Yes 50.00 NOISE NQ Ordinance Andover 5.8.2 Ultimate Fighting Prohibited Misdemeanor No OFFCON No Ordinance Andover 6.1.1.D Vehicle Weight Restrictions Petty Misdemeanor Yes 50.00 TRAFFIC No Ordinance Andover 6.1.2.A Unreasonable Acceleration Petty Misdemeanor Yes 40.00 TRAFFIC Yes Ordinance AndeveF &1141C Unattached -hailer -on oadway- Prohibited Misdemeanor No 0 PARKING No QFdinatxe Andover G.1.2:D6.2 1.E Obstruct mailbox or Driveway Prohibited 0lisdemeanerPetty Misdemeanor Yes 20.00 PARKING No Ordinance 6,Hd6vef 6-24 Qh4tF1'9t,,..131:_ Rights of W al, 114isdemeane No PARKING No AFdinanEe Andover 6.2.1.A.1 Parking Prohibited 0100 -0600 Hours Misdemeano Petty Misdemeanor Yes 20.00 PARKING No Ordinance Andover 6.2.1.A:28 Parking Prohibited After 2" Snow Fall MisdemeanofPetty Misdemeanor Yes 20.00 PARKING No Ordinance Andover 6.2.1.BC Vehicle over 24' on Roadway over 2 hours Prohibited MisderneanefPetty Misdemeanor Neves 040_00 PARKING No Ordinance Andovef 6.2A.0 Pafk Beat ton mF eet Wsdemeanef No PARKING No Ordinance AndeveF 6.2..4 -E NePaA ng-Beyond Sign Petty Misdemeanof 'Yes 20 PARKING No OMinanee Andevef 6.2.2 Boat TFai eF at GFnokpd Lake n..........,, ��, Petty �n��sdemeanof r ices so PARKING No OFEWR..,.e Andover 6.21.D Parking Other Than Vehicles Petty Misdemeanor Yes 40_00 PARKING No Ordinance Andover 6.2.2 Boat Trailers at Crooked Lake Elementary Prohibited Petty Misdemeanor Yes 50.00 PARKING No Ordinance Andover 6.2.3 Street Obstructions Misdemeanef Petty Misdemeanor Noyes 50.00 PARKING No Ordinance Andover 6.34.A Special Vehicles - Operation on Streets Petty Misdemeanor Yes 30_00 TRAFFIC No Ordinance Andover 6.34.0 Special Vehicles- Hours of Operation Petty Misdemeanor Yes 30_00 TRAFFIC No Ordinance Andover 6.4.2.A Snowmobile Age Restrictions -Under 14 Prohibited Misdemeanor No 0 REC No Ordinance Andover 6.4.2.8 Snowmobile Owner Allow Under Age Driver A4isdemeanoFPetty Misdemeanor Yes 50.00 REC No Ordinance Andover 6.4.3.A Snowmobile /ATV in Prohibited Area M isdeF,ea.OFPetty Misdemeanor Yes 50.00 REC No Ordinance Andover 6.4.4.A Snowmobile in Parks Prohibited PA sd,..., emea. ^^^•Petty Misdemeanor Yes 4050.00 REC No Ordinance Andover 6.4.4.A ATV in Parks Prohibited ^^ - a...., emea.e •Petty Misdemeanor Yes 100.00 REC No Ordinance Andover 6.4.4.8 Snowmobile Prohibited on County Roads AAisderfleaaeFPetty Misdemeanor Yes 50.00 REC No Ordinance Andover 6.4.4.8 ATV Prohibited on County Roads Misdemean"EtUy Misdemeanor Yes 4050_00 REC No Ordinance Andover 6.4.4.0 Snowmobile /ATV Prohibited on City Streets P iisdemeana Petty Misdemeanor Yes 4oso.00 REC No Ordinance Andover 6.4.4.D Snowmobile Prohibited on Sidewalks MisdemeanafPetty Misdemeanor Yes 50.00 REC No Ordinance Andover 6.4.4.1) ATV Prohibited on Sidewalks Misdemeanor Yes 100.00 REC No Ordinance Andover 6.4.4.E Snowmobile /ATV Prohibited While Under Influence Misdemeanor No o ALCOHOL Yes Ordinance Andover 6.4.4.1 Careless Driving on Snowmobile /ATV Misdemeanor Noyes 0100.00 REC No Ordinance Andover 6.4.4.1 Snowmobile Loud and Disturbing s"i°d...., emea..af etty Misdemeanor Yes 50.00 REC No Ordinance Andover 6.4.4.1 ATV Loud and Disturbing MisdemeafleFPetty Misdemeanor NeYes 050_00 REC No Ordinance Andover 6.4.4.K Snowmobile /ATV Prohibited After Hours PAsdemeanerPetty Misdemeanor Neves 050_00 REC No Ordinance Andover 6.4.4.M Snowmobile Prohibited within 15' of sidewalk MisdemeanerPetty Misdemeanor Yes 50.00 REC No Ordinance Andover 6.4.4.M ATV Prohibited within 15' of sidewalk MisdemeaneFPetty Misdemeanor Yes 100.OQ REC No Ordinance Andover 6.4.4.N Snowmobile Prohibited within Tree Nursery MisdemeaneFPetty Misdemeanor Yes 50.00 REC No Ordinance Andover 6.4.4.N ATV Prohibited within Tree Nursery MisdemeanarPetty Misdemeanor NeYes 050.00 REC No Ordinance Andover 6.4.4.13 Snowmobile Cross Roadway in Unsafe Manner MisdemeanerPetty Misdemeanor Yes 4050.00 REC No Ordinance Andover 6.4.4.P ATV Cross Roadway in Unsafe Manner MisdemeaAe Petty Misdemeanor Yes 100.00 REC No Ordinance Andover 6.4.4.Q Snowmobile /ATV Must Stop at Controlled Intersection MisdemeanacPetty Misdemeanor Yes 40.00 REC No Ordinance Andover 6.4.S.AB Snowmobile Prohibited on Less than 2.5 Acres MisdemeanerPetty Misdomeanor Neves 050.00 REC No Ordinance Andover 6.4.5.14C Snowmobile /ATV Hours Prohibited on Private Property MisdemeanerPetty Misdemeanor Noyes 050_00 REC No Ordinance Andover 6.4.6 Snowmobile /ATV Equipment Violation MisdemeaneFPetty Misdemeanor Yes 30.00 REC No Ordinance Andover 6.4.7 Remove Key of Unattended Snowmobile Required MisdemeanerPetty Misdemeanor Neves 40_00 REC No Ordinance Andover 6.4.8 Chasing Animals with Snowmobile /ATV Prohibited Misdemeanor No REC No Ordinance Andover 6.5.4 Abandon Vehicle Misdemeanor Yes 50.00 ABANDMV No Ordinance Andover 7.1.12 Causing False Fire Alarm Misdemeanor No FIRE No Ordinance Andover 7.1.12 Interference with Fire Department Misdemeanor No FIRE No Ordinance Andover 7.3.2 Open Burning Prohibited Misdemeanor Yes 100.00 FIRE No Ordinance Andover 7.3.3.A Violate Recreational Fire Misdemeanor Yes 50100.00 No Ordinance Andover a8..4:1 �Restrictions OR.LnI1... Ignated�ki "6 On1 046demeanaf Yes 20 �FI,�R�Ey���/� PARKING No GF&iance Andover 8.14.A Encroachment Within a Sight Triangle Misdemeanor No HOUSING No Ordinance Andover 8.2.6.A.1 Excavation of Right of Way Without Permit Misdemeanor No HOUSING No Ordinance Andover 8.2.6.A.2 Obstruction of Right of Way Without Permit Misdemeanor No HOUSING No Ordinance Andover 8.33.A No Wake Zone Petty Misdemeanor Yes SO.00 REC No Ordinance Andover 8.4.1.A Noisy Conduct in Parks Petty Misdemeanor Yes 200.00 OFFCOP1NOISE No Ordinance Andover 8.4.1.8 Solicitation Prohibited in Parks Petty Misdemeanor Neves 050_00 OFFCON No Ordinance r Andover 8.4.1.0 Alcoholic Beverages Prohibited in Parks Misdemeanor Yes 50.00 ALCOHOL No Ordinance Andover 8.4.1.D Recreational Fire Prohibited in Parks Misdemeanor Yes 60.00 FIRE No Ordinance Andover 8.4.1.E Firearms /Explosives Prohibited in Parks Misdemeanor No 0 WEAPON No Ordinance Andover 8.4.1.F Gambling Prohibited in Parks Petty Misdemeanor Noyes 040_00 PARK No Ordinance Andover 8.4.1.G Golfing Prohibited in Parks Petty Misdemeanor NeYes 040_00 PARK No Ordinance Andover 8.4.1.1-1 Occupy Parks After Hours Prohibited Petty Misdemeanor Yes 40.00 PARK No Ordinance Andover 8.4.1.1 Vehicle in Unauthorized Area of Parks MisdewleaaerPetty Misdemeanor Yes 40.00 PARK No Ordinance Andover 8.4.1.1.2 Parking on Grass in Park/Non- Designated Area (Boat Landing in Andover) MisdemeaneFPetty Misdemeanor Yes -1820_00 PARKING No Ordinance Andover 8.4.1.1 Damage to Park Property Prohibited Misdemeanor No 0 PARK No Ordinance Andover 8.4.1.K.1 Unleashed Domestic Animals Prohibited in Park Petty Misdemeanor Yes 40.00 ANIMAL No Ordinance Andover 8.4.1.K.2 Disposal of Pet Excrement in Park Petty Misdemeanor Yes 50_00 PARK No Ordinance Andover 8.4.1.M Damage to Trees Within a Park Prohibited Misdemeanor No 8 PARK No Ordinance Andover 8.4_1.0 No Glass Containers in Park Petty Misdemeanor Yes 50_00 PARK No Ordinance Andover 94.3. Misdemeanor Ne HOUSING No 6rdinanee Andover 9.4.3 Swimming Pools — Permit Required Misdemeanor No HOUSING No Ordinance Andover 9.44.A Swimming Pools — Location Misdemeanor No HOUSING No Ordinance Andover 9.4.4.8 SwimmingPools — Construction — Fence Required Misdemeanor No HOUSING NP Ordinance Andover 9.4.5.A.1 Swimming Pool Fence Required Misdemeanor No HOUSING NQ Ordinance Andover 9A.S.A.2 Swimming Pool Fence Locking Mechanism Required Misdemeanor No HOUSING No Ordinance Andover 9.8.3 Residential Rental - License Required Misdemeanor No HOUSING No Ordinance Andover 9.9.4 Residential Rental - of Unfit Premises Misdemeanor No HOUSING No Ordinance Andover 9.9.11.1 Fall to Install Seed /Sod Misdemeanor No HOUSING No Ordinance Andover 9.9.16.E Failure to Comply With Compliance Order Misdemeanor No HOUSING No Ordinance Andover 9.12.3 Tower Permits & Lease Agreements Required Misdemeanor No ZONING No Ordinance Andover 10.1.8.1 Tampering With Water Meter Misdemeanor No HOUSING No Ordinance Andover 12.7.2.3A Fence Location Requirements Misdemeanor No HOUSING No Ordinance Andover 12.9.11 Illegal Home Operation Misdemeanor No ZONING No Ordinance Andover 12.12 Excavation Permit Required Misdemeanor No 4Q4SWGZONING No Ordinance Andover 12.13.3.A Exterior Storage Violation Misdemeanor "eyes 50_00 HOUSING No Ordinance Andover 12.13.4.8 Storage of Refuse Misdemeanor Yes 50_00 GARBAGE No Ordinance Andover 1'-m g PF6hmb:ied P@Fki A8 Resd o.,... Misdemeanor No PARKING Ne QFdiRaAFP Andover 12.13.8.D.3.a Prohibited Use of Residential Parking Area MisdemeaneFPetty Misdemeanor NeYes 50_00 PARKING No Ordinance Andover 12.13.8.D.3.c Off Street Parking ReryuiFedReguirements MisdemeanwPetty Misdemeanor NeYes 50.00 PARKING No Ordinance Andover 12.13.8.D.4.a Prohibited Use of Parking Area — Semis and Simllar Vehicles MisdemeaRerPetty Misdemeanor NeYes 50_00 PARKING No Ordinance Andover 12.15.3 Signing Without a Permit Petty Misdemeanor Yes 50_00 ZONING No Ordinance Andover 12.15.5 Prohibited Sign Misdemeanor Yes 50_00 ZONING No Ordinance Andover 1308:§.. -A PFehi4i led AGGesseFyS•.�Fe Misdemeanor No HOUSING No AFdinaREe