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HomeMy WebLinkAboutCC September 6, 2005 . '\ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US Regular City Council Meeting - Tuesday, September 6, 2005 Call to Order - 7:00 p.m. Pledge of Allegiance Resident Forum ProclamationIDomestic Violence Awareness Month Agenda Approval 1. Approval of Minutes (8/15/05 Joint CC/Comm. Center; 8/16/05 Regular; 8/23/05 Workshop) / Consent Items 2. Approve Payment of Claims - Finance 3. Accept Feasibility ReportlWaive Public Hearing/05-47/665 - I 40th Lane NW/SS & WM - Engineering 4. Accept Feasibility ReportlWaive Public Hearing/05-48/709 - 140th Lane NW/SS & WM - Engineering 5. Declare Costs/Order Assessment RolV04-13Neterans Memorial Boulevard NW - Engineering 6. Approve Security Light Installation/Sunshine Park - Engineering 7. Terminate Project/02-20/2981 - 164th Avenue NW/St. S. - Engineering 8. Declare Costs/Order Assessment Roll/04-31/1374 - 148th Lane NW/SS & WM - Engineering 9. Declare Costs/Order Assessment Roll/05-31/13511 Round Lake Boulevard NWIWM - Engineering 10. Approve On-Sale Intoxicating & Sunday Liquor License/Andover Lanes - Clerk 11. Approve Financial Policies Updates - Administration 12. Approve Investment Policy Updates - Administration/Finance 13. Appoint City's RepresentativeN outh First and the Northwest Anoka County Community Consortiwn- Administration 14. Amend City Code Title 5, Gambling - Clerk 15. Approve Community Center Policies - Administration 16. Approve Community Center Fees - Administration 17. Accept Donation/Andover Lions/02-27 AI Andover/YMCA Community Center Flagpoles- Administration 18. Consider Approval of Therapeutic Massage Therapist License - Clerk Discussion Items 19. Consider VariancelSideyard Setback for Garage Addition/15461 Martin St. NW - Planning 20. Consider Preliminary Plat/Amend PUD/Grey Oaks 2nd Addition - Planning 21. Consider Comprehensive Plan AmendmentlRevise Transitional CommerciallIndustrial - Planning 22. Various Code Revisions (Part 7) - Planning 23. Consider Premises Permit/Andover Huskies Youth Hockey Association - Clerk 24. Review 2:00 a.m. Bar Closing - Clerk 25. Adopt 2006 Preliminary Tax Levy - Finance 26. Adopt 2006 Debt Service Levy Changes - Finance Staff Items 27. Schedule September Council Workshop - Administration 28. Schedule EDA Meeting - Administration 29. Set Truth In Taxation Hearing Date - Finance 30. Administrator's Report - Administration / Mayor/Council Input Adjournment .:..-:----i ...-----..:~ ~ ....~ '\ (Proc{amation October of 2005 As Domestic Violence Awareness Month WHEREAS, the community problem of domestic violence has become a critical public health and welfare concern in Anoka County; and WHEREAS, domestic violence is a crime, the commission of which will not be tolerated in Anoka County and perpetrators of said crime are subject to prosecution and conviction in accordance with the law; and WHEREAS, over thousands of women and children have and will continue to access assistance from Alexandra House, Inc., a domestic violence service provider; and WHEREAS, domestic violence will be eliminated through community partnerships of concerned individuals and organizations working together to prevent abuse while at the same time effecting social and legal change; and WHEREAS, October is National Domestic Violence Awareness Month; and WHEREAS, During National Domestic Violence Awareness Month, Anoka County organizations will inform area residents about domestic violence, its prevalence, consequences and what we, as a concerned community can do to eliminate its existence. NOW THEREFORE, I, Michael R. Gamache, Mayor of Andover, do hereby proclaim October to be Domestic Violence Awareness Month. Signed Date 't--_____... <---1 J==5 r~ Alexand ra House, Inc. July 29, 2005 P.o. Box 49039 Blaine, MN 55449 Phone: 763.780.2332 CrisisjTTY: 763.780.2330 Fox: 763.780.9696 www.alexandrahouse.org Board of Directors Vicki Reece, Choir Lourie Wolfe, Vice Choir David Rymanowski, Treasurer , , '-/ Mary Steege, Secretory Jim Amundson Gayle Anderson, Ph.D Mary Laschansky Ron Lewis Dove Sollman Terri Neely Tinklenberg Connie Moore, Executive Director <J Ending domestic violence for women, families and communities. Mayor Mike Gamache City of Andover 2815 -134th Ave NW Andover, MN 55304 Dear Mayor Gamache: As you know, October is Domestic Violence Awareness Month. This month provides an excellent opportunity for Anoka County to demonstrate its support for the victims within our community, and a commitment to ending domestic violence. It is also an opportunity to educate the public on the seriousness of domestic violence and the prevalence of this epidemic in our lives. Alexandra House would be honored if the City of Andover would sponsor an official proclamation recognizing October as Domestic Violence Awareness Month. Your proclamation would lend official recognition to the important work of educating the public on domestic violence, as well as emphasize your city's personal commitment to ending this crime. I have enclosed a sample you may wish to utilize in composing your proclamation. All proclamations will be displayed at Alexandra House first annual Walk for Hope: Steps to End Domestic Violence on Saturday, October 1 at Bunker Hills Regional Park, Andover MN. New this year, a 5k run and 2 mile walk will be held in place of the Candlelight Vigil. It is our hope that this event will raise awareness about domestic violence, and bring more of our community together to walk against domestic violence. There will also be an opportunity to honor those who have lost their lives to dom8stic viol8nce, those who have survived, and those who continue their struggle. Please contact me at (763) 780-2332 should you have any questions regarding this request. Thank you for your consideration. Sincerely, ~fn Connie Moore ~ Executive Director Enclosure CITY OF NDOVE cD 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US FROM: Mayor and City Council JUn Did,","'n, City Administrato' ~ Vicki V olk, City Clerk TO: CC: SUBJECT: Approval of Minutes DATE: September 6, 2005 INTRODUCTION The following minutes were provided by TimeSaver Secretarial Service for approval by the City Council: -- August 16, 2005 Regular Meeting (Gamache absent) August 23, 2005 Workshop (Trude absent) The following minutes were provided by staff for approval by the City Council: August 15,2005 Joint Meeting w/Comm. Center Commission DISCUSSION Copies of the minutes have been emailed to Mayor Gamache and Councilmembers Orttel and Jacobson. Hard copies have been provided to Councilmembers Knight and Trude. ACTION REOUIRED The City Council is requested to approve the above minutes. Respectfully submitted, eLL ora Vicki V olk City Clerk CITY OF NDOVE Q 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 Director FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Payment of Claims DATE: September 6, 2005 INTRODUCTION Attached are disbursement edit lists for claims related to the on going business of the City of Andover. DISCUSSION Claims totaling $386,809.81 on disbursement edit lists #1 - #5 from 08/16/05 to 09/01/05 have been issued and released. J Claims totaling $2,314,261.65 on disbursement edit list #6 dated 09/06/05 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 REQUIRED The Andover City Council is requested to approve total claims in the amount of $2,701,071.46. Please note that Council Meeting minutes will be used as documented approval. R;;7j~ Lee Brezinka Attachments: Edit Lists / -\ j -- ~ +-' rIl :.:3 Q)....... ......... 0 ~ 0 C\$~ ~~ P-.] /CflU @E o ;::l Co) 0.- Co) s <8 ~ ,., <;1 - - '" o o N s~ "'- ",00 00 u .. '0 '0 ~ ~ ~~ " ("l c: " .. ~ " c:: o Z -0 " :0 '" '" w - o <: .. " J:l e '" ;z: _0 ..N ,,0 u _ c'O " . ,,0 0"'0 ",., rIl'" ",,"1" u_ "0 ..c", U... - ("l ("l <<( " - ,. 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J:> e ::l z - ... ... < ... - ~ Q "-: " e ... ~ ll-< - 0 V") '" c: ce "'! '"' ::l 0 - c 0 \0 e - N < ..0 .".- '"' '"' N ~ ~ N '? - in - -'" U V") ., " 0 "'..<:: 0 "u N <>::<0.. N -'" 0 !2 u ~ c: " " '" .~ '" "<::oD 0 U E ~ - " ~ c. b ~ " ~ .;: -'" <Ez ;J ... u '" 'E <0.. '" " " 0 ... ..<:: 0 0 Q U bb ~ "" -'" u " ..<:: U ~ " :; 0- C E Z 0 ... U ... '0 ,,"' > ...: c: - @ 9\N:6bVE'~ / 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US SUBJECT: Mayor and Council Members ~ Jim Dickinson, City Administrato~ David D. Berkowitz, City Engineer Todd J. Haas, Asst. City Engineer Accept Feasibility Report/Waive Public Hearingl05-47/665 _140th Lane NW/SS & WM - Engineering TO: CC: FROM: DATE: September 6, 2005 INTRODUCTION This item is in regards to approving the resolution accepting the feasibility report and waiving public hearing for Project 05-47, 665 - 140th Lane NW ( existing home) for sanitary sewer & water main. DISCUSSION As you know, this parcel was approved as part of a lot split earlier this year by the City Council. Sanitary sewer and water main services were provided to this lot when the trunk sanitary sewer and water main were installed in 1993. Due to the fact that the sanitary sewer and water main were installed as trunk lines, the City of Andover's past practice was not to assess existing properties abutting trunk lines until the property owner petitioned to hook up, which the property owner has done. Feasibility Report The proposed assessment is based on the 2005 rates and the rates are as follows: Part A - Sanitary Sewer Area Charge 0.69 Acres x $1,340 per acre = $924.60 Connection Charge $361 per unit x 1 unit = $361.00 Lateral Charge 113 feet x $35 per foot = Total (Sanitary Sewer) $3.955.00 $5,240.60 Part B - Water Main Area Charge 0.69 Acres x $2,294 per acre = $1,582.86 / Mayor and Council Members September 6. 2005 Page 2 of2 Connection Charge $2,503 per unit x 1 unit = $2,503.00 Lateral Charge 113 feet x $33 per foot = $3.729.00 Total (Water Main) = $7,814.86 Total for Sanitary Sewer & Water Main = $13,055.46 BUDGET IMP ACT The $13,055.46 would be assessed over a 5 year period. ACTION REQUIRED It is recommended to approve the resolution accepting the feasibility report and waiving the public hearing / for Project 05-47,665 - 140th Lane NW. Respectfully submitted, 4///~ Todd Haas ././ / Attachments: Resolution, Petition & Location Map cc: Kevin Denekamp, 665 _140th Lane NW, Andover " ~ / ,I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY AND WAIVING PUBLIC HEARING FOR THE IMPROVEMENT OF PROJECT NO. 05-47 FOR_ SANITARY SEWER & WATER MAIN IN THE FOllOWING AREA OF 665- 140lH lANE NW. WHEREAS, the City Council did on the 16th day of Auoust , 2005, order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by City Enoineer and presented to the Council on the 6th day of September , 2005 ; and WHEREAS, the property owners have waived the right to a Public Hearing; and '. , i WHEREAS, the City Council has reviewed the feasibility study and declares the improvement feasible, for an estimated cost of $ 13.055.46 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby receive the feasibility report with an estimated total cost of improvements of $ 13,055.46 ,waive the Public Hearing and order improvements. and adopted by the day of September, 2005 , with MOTION seconded by Councilmember City Council at a reoular meeting this 6th Councilmembers in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. voting CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk OD -4'1 Date <g / L( /0 C) Andover City Engineer 1685 Crosstown Boulevard NW Andover, MN 55304 Re: Municipal Improvements Dear City Engineer: We do hereby petition for improvements 0 atermai, sanitary sewer, storm sewer and streets (circle one or more) with the costs of t e improvement to be assessed against my benefiting property. -' Said petition is unanimous and the public hearing may be waived. We would like to be assessed over a 5 year period. Sincerely, /J J! ~~ J/d2/I~A~ Property Owner /<12>> rp De.--J cjCA~fJ Address "J ----" L-tV C'ty" St t Z' b b ~ L/ c.) t j'\.. ]" " I J f, a e, Ip A ~c 07 Phone (Home) It;v if 0 (/.(r M ;V .).) (Work) 7& 3-7)'!/ - D~0.2 bI':l -- 7L( / .- 5"".3 90 G:\DAT A\STAFF\RHONDAAIFORMS\PETITION.DOC 14123 433 BUNKER LAKE I I ~-------------------~ I f I I I I Ifi1\ City of \!:y Andover Half Section Address Book Map Date: July 22, 1999 LEGEND o Half Section Bour o Lots / Parcels F,?d:q Parks J _.."._~""._..-. L Water Features o Right-of-Way NORTH 1/2 SECTION: 36 TOWNSHIP: 32 RANGE: 24 ~ ~NDbVE~ / 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.C1.ANDOVER.MN.US CC: Mayor and Council Members ~~ Jim Dickinson, City Administrator~ David D. Berkowitz, City Engineer TO: FROM: SUBJECT: Todd J. Haas, Asst. City Engineer Accept Feasibility Report/Waive Public Hearing/05-48/709 _140th Lane NW/SS & WM - Engineering DATE: September 6, 2005 , / INTRODUCTION This item is in regards to approving the resolution accepting the feasibility report and waiving public hearing for Project 05-48, 709 - I 40th Lane NW for sanitary sewer & watermain. DISCUSSION As you know, this parcel was approved as part of a lot split earlier this year by the City Council. Sanitary sewer and water main services were provided to this lot when the trunk sanitary sewer and water main were installed in 1993. Due to the fact that the sanitary sewer and water main were installed as trunk lines, the City of Andover's past practice was not to assess existing properties abutting trunk lines until the property owner petitioned to hook up, which the property owner has done. Feasibility RelJort The proposed assessment is based on the 2005 rates and the rates are as follows: Part A - Sanitary Sewer Area Charge 0.56 Acres x $1,340 per acre = $750.40 Connection Charge $361 per unit x 1 unit = $361.00 Lateral Charge III feet x $35 per foot = Total (Sanitary Sewer) = $3.885.00 $4,996.40 Part B - Water Main Area Charge 0.56 Acres x $2,294 per acre = $1,284.64 / Mayor and Council Members September 6. 2005 Page 2 of2 Connection Charge $2,503 per unit x 1 unit = $2,503.00 Lateral Charge III feet x $33 per foot = $3.663.00 Total (Water Main) = $7450.64 Total for Sanitary Sewer & Water Main = $12,447.04 BUDGET IMP ACT The $12,447.04 would be assessed over a 5 year period. ACTION REQUIRED It is recommended to approve the resolution accepting the feasibility report and waiving the public hearing J for Project 05-48, 709 _140th Lane NW. Respectfully submitted, :::L~ /./ ./ Attachments: Resolution, Petition & Location Map cc: Kevin Denekamp, 665 _140th Lane NW, Andover CITY OF ANDOVER , , COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Council member to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY AND WAIVING PUBLIC HEARING FOR THE IMPROVEMENT OF PROJECT NO. 05-48 FOR _ SANITARY SEWER & WATER MAIN IN THE FOllOWING AREA OF 709- 140lH lANE NW. WHEREAS, the City Council did on the 16th day of AUQust , 2005, order the preparation of a feasibility study for the improvement; and WHEREAS, such feasibility study was prepared by City Enoineer and presented to the Council on the 6th day of September , 2005 ; and WHEREAS, the property owners have waived the right to a Public Hearing; and \ ) WHEREAS, the City Council has reviewed the feasibility study and declares the improvement feasible, for an estimated cost of $ 12.447.04 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby receive the feasibility report with an estimated total cost of improvements of $ 12.447.04 ,waive the Public Hearing and order improvements. and adopted by the day of September, 2005 , with MOTION seconded by Councilmember City Council at a reQular meeting this 6th Council members in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. voting CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk 05-~g REC.EIVED Date v/~J>) AUG 8 2005 j f'>/TY n' "~"Dn\ ,.-,.... I ___\", ,-,rt';dlu~ii-ii ! .--, Andover City Engineer 1685 Crosstown Boulevard NW Andover, MN 55304 F?e: .~.Aun.ic.ipa.l .I.'T:p....D\./e.rne~l)f= Dear City Engineer: We do hereby petition for improvements o~~rm~ sa~ s~ storm sewer and streets (circle one or more) with tile costs of the improvement to be assessed against my benefiting property. Said petition is unanimous and the public hearing may be waived. We would like to be assessed over a 5 year period. Sincerely, .. I) L,. _/J . ~!/~~ ~. Pr~perty Owner 1-<' hL//<('f Oe~-v,c:-tL f1A- j/ A?dress. 709 l'Ie> rA i-,N, City, State, Zip ^ . I cI <7L/ef. fYI ~ c-C 3 t'> t./ Phone (Home) n ,v /. -J J (Work) 7 b :) -7c:iV.- 0 g 0;;2 (I'd. -7L( / - ~39 0 G:\DA T A\ST AFF\RHONDAA \FORMS\PETITION.DOC _~~,";~' ~~' ': ':;;~/,~ ,:::~" _ .~:~ Le;.-.~;~ ;~:lj;i.:c'::--:: ~,;. , .. "_ ~~~" <:,;,;:;1iZ~;~,:~'~' :',:;~:~ ->i c:.;;:~ :;:)~"2 ,: c, :.~:.~.;~~~i-i:,;~~j; .. 14122 14123 433 BUNKER LAKE tfii\ City of ~ Andover Half Section Address Book Map Date: July 22, 1999 LEGEND o Half Section Bounl D Lots / Parcels b;;'~t;;1 Parks L- Water Features D Right-of-Way NORTH 1/2 SECTION: 36 TOWNSHIP: 32 RANGE: 24 @ / C I T Y 0 F NDOVE . , 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US CC: Mayor and Council Members ~ Jim Dickinson, City Administrato- '- ~ David D. Berkowitz, City Engine~ TO: FROM: Todd J. Haas, Asst. City Engineer SUBJECT: Declare Costs/Order Assessment RolI/04-13Neterans Memorial Boulevard NW - Engineering DATE: September 6, 2005 , I INTRODUCTION The City Council is requested to declare the costs and order the preparation of the assessment roll for Project 04-13, Veterans Memorial Boulevard NW through the proposed Woodland Estates 6th Addition development. DISCUSSION The Veterans Memorial Boulevard NW project has been completed and the project costs are being assessed to the developer in concurrence with the 429 assessment process. The initial estimate of the assessment amount identified in the feasibility report for this project was $2,834.87 per unit. The final assessment for the project is $2,488.42 per unit. After declaring the costs the assessment roll will be prepared and presented to the City Council for approval at the next meeting. BUDGET IMP ACT The project will be funded by assessments and Municipal State Aid Funds. ACTION REQUIRED The City Council is requested to approve the resolution declaring cost and directing preparation of assessment roll for Project 04-13, Veterans Memorial Boulevard NW through the proposed Woodland Estates 6th Addition development. Respectfully submitted, :!:f(t!--- ,/ / ../ /' Attachments: ResolutIOn, Assessment Worksheet, Location Map & Letter from Developer cc: Byron Westlund, Woodland Development Corp., 13632 VanBuren Street NE, Ham Lake, MN 55304 , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA J RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING COSTS AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT PROJECT NO. 04-13 FOR STREET. STORM SEWER & TRAIUSIDEWALK CONSTRUCTION IN THE FOLLOWING AREA OF VETERANS MEMORIAL BOULEVARD NW THROUGH THE PROPOSED WOODLAND ESTATES 6TH ADDITION. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the construction of the improvements and the contract price for such improvement is $164,724.81 plus $5.900.00 for seal coat, and the expenses incurred or to be incurred in the making of such improvement amount to $58.136.45 and charges previously assessed in the amount of $0.00 ,so that the total cost of the improvement will be $228,761.26 . NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $4.803.70 the amount to be assessed against benefited property owners is declared to be $223,957.56 . 2. Such assessments shall be payable in semi-annual installments, together with principal and accrued interest, extending over a period of!! years. The first of the installments to be payable on or before the 15th day of April 2006, and shall bear interest at the rate of-.2.... percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember and adopted by the City Council at a reqular meeting this 6th day of September , 2005 , with Council members voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk / Project Name: Feasibility Report Contract Award Final Construction Final Expenses Consulting Costs Aerial Mapping (1 % of street) Drainage Plan (0.3% of street/storm) Administration (3%) Assessing (1%) Bonding (0.5%) City Costs Advertising 'v'Iaterial Testing ;;onstruction Interest Total Final Expenses Expenses Multiplier Final Project Cost Final-Andover Special Assessments FINAL ANDOVER ASSESSMENT WORKSHEET Veteran's Memorial Boulevard Project No. : 04-13 Amount: $ 200,241.80 Amount: $ 163,997.59 $ $ $55,795.99 $108,928.82 Amount: $ 164,724.81 $ 35,233.79 $ 1,089.29 $ 494.17 $ 4,941.74 $ 1,647.25 $ 823.62 $ 9,343.41 $ 367.83 $ 4,195.35 $ $ 58,136.45 35.2931% Amount: $ 222,861.26 Northern Asphalt Sanitary Sewer Water Main Storm Sewer Streets and Restoration Other Costs Seal Coating $1.00/ SY x 5,900 SY City Costs (Extra Street Width from 33' to 35') Total Other Costs Total Amount to be Assessed Final Assessment per Unit = $ $ $ 5,900.00 (4,803.70) 1,096.30 $ 223,957.56 /90 Units = $2,488.42 / Unit Estimated Feasibility Assessment per unit = $2,834.87 / Unit c9 ~-,3, $ 223,957.56 -~ r ------...."..........-...--- , I __._.._ .._.._.,......-_,_.~_ _._.__..__. ..--..-..-.... 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'. l~ I i J . --'"f\ ..~--:'-:::::::"!;jU-T:_ ' ' l I ...r-.-.----- r-' -~- . 1l~~~~~il:~:.i~[:?~~~;~:~-~=:::ff~~:f;.~~~Ti-~::=~-~::-til-1'---'- '. __~_ 'l.'~~""\" ."",,>,,~J/,", "'1'" ,'/ ~~~.--~1;-:--;' ~~ ~-..~ ,~l;! " ....____:,-..-.-#"?.....-~_L--::/. )"....."..--~.,.....r:-tl-:.--'- Ej..---'~-'';!l (-.~ ;-"::; . ' ,),."" , ", ",/"''''-../ .__.,_ r-. < __ ..___,,~';' _uu_ !" i __'-. ";--~!':; -. .<-: " Y'--"- > "'"" .>::';::.:.~-): _~_:._:.~--'.,_:. L~_4' ~ -F J, , , !' ~ _ _. ~_. ~ .-{;,-.--Woo"tilon c(e. E' 't' ,- ---,':- ~-:"'-:;:;;"- ;'L-::. .-:;::--:-=--: - =-- ,...__'"\ . ._..... ~-l ..___-!_. ~T""'- _ _../. ~ otest 1 .." : : ~ I , j',' I ; t I , ;' " .~.~._._u. :_~--.;----,.--._.t" ",' ,.4tl: ,Add-'It' ---j:--;-',ut- .u,.'__"_, ---.,..--- ,_ _). ~; '\ ' f1 Ion ~ I ~,~ . , . I, .l l I ~~~----- .---...--- ~~: -- -\ , , : 1-.~----- ~ , 'I t ,I ~ <Ii __!..__Llii , i / _.._n_'___" ,~-"-"-- ..---.-.. PROJECT LOCA TION ~ .__ ._...~...__n_._.... --'---I'.-~ , r ," :.-..-..- i ! _ ,_,,_,,_'._"_'~--r-'-'-' ._._..._.._.._.._.._.,.n. , , EXHIBIT 1 'T B8: I PROJECT LOCATION MAP ::;/ Of' A:-d:<J'~-:P:. l.jY";;iCST;;, 1=01 Hakanson Anderson Assoc., "'"'' ~"",,,",€"Jr<J O';Q ,-v.,-4 :<:;-.i~r,dij ~f';; 1?",,~~~;1' J.",,~ ,loy'K- ).k"","~~'_<l ~7};;~ -;e-~Z:?-~&G t,'.J. nJ--,'27-;)7;.2~1 ",,,,,,_!-,,,~,;::"/".J'>-::>"";::~"'i<)"__<:;~!T- Inc. CITY OF ANDOVER, MINNESOTA VETERANS MEMORIAL BOULEVARD N.W. PROJECT LOCATION MAP VETERANS "E"ORIAL BOULEVARD N.W. , AUG-30-05 15,01 FROM,WOODLAND DEVELOPMENT / ID,7634270182 PAGE 2/2 . August 30, 2005 Mr. DaVid Berkowitz aty Engineer crTY OF ANDOVER 1685 CrosStown BlVd. NW Andover, MN 55304 . RE:.. . FINAL ASSESSMENTS '\ - / Dear Dave, . We have receiVed and reviewed the final Andover special assessments construction Costs for Veterans Memorial Boulevard within the plat of Woodland Estates 6th Addition" We . hereby agree to those cQSts as represente,d in the documentfaxed to us. We waive the right to a PlIblic hearing for this andWQuid as~ that these assessments be (Idopted. . . .' . . .. We are in the. process of workilJg with tlil~ finance c1epartm~nt~ . The total for the prqjecf. was $223;957.56 and we have already paid approximately $147,000.00 of that with cash . payments and have in escrow $142,000.00 Of collected assessments. . .. . If you have any concerns or questions, please feel free to contact me at 763-427-7500. Sincerely,. . ......~~ . D. Westlund . . .. .. . Presiaent . -.' I' sll . 1 ~h~? V:'l1"1 Rllfen St. NE Ham Lake. Minnesota 55304 (763) 427-7500 . FAX: (763) 427-0192 @ ~NDbVE~ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US CC: Mayor and Council Members ~ Jim Dickinson, City Administrator David D. Berkowitz, City Enginee TO: FROM: Todd J. Haas, Asst. City Engineer/Parks Coordinator SUBJECT: Approve Security Light Installation/Sunshine Park - Engineering DATE: September 6, 2005 INTRODUCTION \ This item in regard to considering installing a security light at Sunshine Park. DISCUSSION As you are aware, currently there are no lights in either of the parking lots at Sunshine Park. To allow users of the park a safe way from the fields to the north parking lot, the Park Commission recommends that a security light be installed in the southwest corner of the parking lot near the large gazebo and trial. As you know, the City has heard from a number of parents (especially in the fall because of football) that once the field lights are turned off, it is very difficult to find their way to the parking lots. BUDGET IMP ACT The cost of the light will be somewhere from $2,500-$5,000 depending on where the security light would be served from. This would be funded from the Park Dedication 2005 Misc. Fund. ACTION REQUIRED The City Council is requested to approve the installation of a security light at Sunshine Park. Respectfully submitted, ~.(~ cc: Jim Lindahl, Park & Recreation Commission Chair (5) C I T Y 0 F NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US CC: Mayor and Council Members ~ Jim Dickinson, City Administrator David D. Berkowitz, City Engineer TO: FROM: Todd Haas, Asst. City Engineer SUBJECT: Terminate ProjectJ02-20/2981-164lh Avenue NW/St. S. - Engineering DATE: September 6, 2005 INTRODUCTION This item is in regard to a request to terminate Project 02-20, 2981 - 1 64th Avenue NW. DISCUSSION The property owner back in February of 2002 petitioned to extend an existing storm sewer in the Hunters Hollow development to eliminate the existing ditch/swale, which is not very attractive to the property owner. In October 2003, City staff received a letter from the property owner to keep the project open. Staff recently contacted the property owner to see if anything will happen with the improvement in the very near future. At this point, due to the cost of the project and the lack of funding by the property owner, it was best to terminate the project. If the property owner has a change of heart to do something in the future, City staffwill work with them to extend the storm sewer system to meet their needs. . BUDGET IMP ACT None. ACTION REOUIRED The City Council is requested to terminate Project 02-20, 2981 - 1 64th Avenue NW. Respectfully submitted, T~~ Ahm IV' ~ ttac ents: Reso utlOn & Location Map cc: Scott & Chris McDonald, 298I-I64th Ave. NW, Andover CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION TERMINATING PROJECT NO. 02-20, 2981 _164th Avenue NW. WHEREAS, the City Council had previously approved Project 02-20 storm sewer; and WHEREAS, the property owner has been notified that the project will be terminated. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby terminate Project 02-20, storm sewer at 2981 - 164th Avenue NW. MOTION seconded by Councilmember and adopted by the City Council at a reQular meeting this L day of September ,2005, with Councilmembers voting in favor of the resolution, and Council members voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk / . , ,.,\ , ~~ " _=-. _ --Il;~--;::O:::C--:::;--~~-- .-=~---~--~---- -- - - - ~ =- - ---.. -,,-~ - =><' - 16615 3068 3024 16608 ----- ----- I 3125 3061 3051 3041 I 16463 \ 164TH LN I I 16437 3104 3060 3040 3020 3124 I 16425 2' I I 16415 3021 2927 I 3125 3105 3061 ~ 16405 t- 3251 en 3020 1637 --' 3060 3040 3153 3124 ::> 3106 I a 16369 z 0 3105 16340 ..., 3055 16341 16315 3126 3100 . _....~ r ~,.--=~~-======_~..=..,..o..~~_~-" / ~ - I .., I I I I I 3160 I I \ 16191 16180 I I I I I I I /-----\ \ r ::l?R1 3233 f61\ City of \!:y Andover Half Section Address Book ,==~~-:~~-~..--~ 3139 II) II) II) II) II) N_0"'1:;3055 ~ :;; r; g (I) 3021 N 3098 2975 2875 2855 28 3138 3118 16191 . 3017 3121 16125 I , ~ l I 1fl NORTII 1/2 SECTION: 16 . TOWNSlllP: 32 RANGE: 24 LEGEND o Half Section Bo o Lots I Parcels III Parks Lt;}] Water Features o Right-of-Way Map Date: July 22, 1999 @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US FROM: Mayor and Council Members ~ Jim Dickinson, City Administrato~ David D. Berkowitz, City EnginQ Todd Haas, Asst. City Engineer TO: CC: SUBJECT: Declare Cost/Order Assessment Roll/04-31/1374 _14Sth Lane NW/SS & WM- Engineering DATE: September 6, 2004 INTRODUCTION This item is in regards to declaring cost and ordering assessment roll for 1374 - l48th Lane NW for sanitary sewer and water main, Project 04-31. I DISCUSSION This project was competed late last fall but was too late to certify the assessment to the County. As approved by the City Council, the proposed assessment was $36,000.00 to serve the new lot that was created by Bruce Cardinal as part of the lot split. The City will carry the additional construction cost until future expansion of the sewer and water is requested. BUDGET IMP ACT The lump sum of $36,000.00 will be assessed to 1374 - 148th Lane NW (which is the newly created lot) over an 8 year period. ACTION REOUIRED The City Council is requested to adopt the resolution declaring cost and ordering preparation of assessment roll for Project 04-31,1374 _148th Lane NW. Respectfully submitted, ~7/ Attachments: Resolution & Location Map cc: Mark & Sheila Schueller, 1374 - l48th Lane NW, Andover Bruce Cardinal, 1386 _148th Lane NW, Andover CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF SANITARY SEWER & WATER MAIN, FOR PROJECT 04-31, 1374-1481H LANE NW. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the expenses incurred or to be incurred in the making of such improvement amount to $ 36.000.00 so that the total cost of the improvement will be $36.000.00 . 1. NOW. THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: The portion of the cost of such improvement to be paid by the City is hereby declared to be $ 0.00 the amount to be assessed against benefited property owners is declared to be $36.000.00 2. Assessments shall be payable in equal annual installments extending over a period of Jl.. years. The first of the installments to be payable on or before the 1 st Monday in January 2006 . and shall bear interest at the rate of 6 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk. with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember City Council at a reqular meeting this 6th Council members and adopted by the day of September ,2005, with voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor . , ) Victoria Volk - City Clerk 2 III I- 14773 - en 14761 W en 14749 m~: 47TH AVE -r---,. 14SQ1 ~ ~ 14681 14610 14671 148llD -14661 14llliO 14651 '- ) 14M1. 1~ 14631 ~<<lO ~ ~--~ -. ~ 1\~1 - .., .., ,to .... I tfi1\ City of \[Y Andover PaIr Section J. _ldress Book I . >> '---:! I .....)~4965 ~4966 96~'~ ~ /14965 - v 149TH LN It) '" ~ 14948 11QTH LN ~ lil~llll m ~ vI-- """'lil ~I'" :! ~ ~ - ~ 1524:! 14944 14939.... 14934 ~ ~ ::! ::! E! 1455 1423 ~485'l137~~ WoW" ~ ~I~ -- I- (!) 17 o W >< ,J--- ...........1l)0)Q) 0) CD ,..... an C") N .... lOlOlDlOLO 10 'II""" ..- ,.... .... ..... .... 1487 14844 1~1 ~ 1516 1484 1452 1420 gj ^ 1-4831 ~ 1;- 14821 ~OJ/" ~ ~ ~ ~ ~ I; 140i 1360 51 \ - - ~ - - 1389 ~ ~ 1 148TH AVE ~!O to ~ ! -V 'g 38C 1334 N CD ~\ ~ ~,:! tj: ....}- .-::., ~\ 1394 1310 ~ ~ ~ ....\' .... {tb:~ ~ 14784 14743--;;; r-:. ~ a ;; ~ to :g !i C ~ 14758 ~QS - .., ~ 10 10 v :! v v - .... ,,'<0" ~ ~................ ........~l' ':)".-\:l" 147TH AVE 14736 I d fel ~ - &t. ~ 14724 ~ ~I ~ ! ~ ~ ~ ~ ! :! :! :t\.... 14706 1325 14834 14824 14814 14804 14794 I- en 14n4 W ..J 14754 CJ <{ W 14734 14714 1295 1269 7<1& r./y (IV 1237 1292 1270 1248 /1226 ~ ~lD ~ ~ ~ l:; ~\ ~ ~ ~ .... 14665 ~ .... ~ ~ ~ 146TH LN ~ ~ I::A~:':'~- !300,~ ~~ .... 0 t- 14623 co -..I t-: :! :! ~~ ~ 'v.~ ~ - 289 ~tO ~ ~-- ~ 1347 ~299rJ(~ ~ - 1211 145l1O ~ ~ 1340\ 1331 ~<~ It; 14565 ..J .>"\ v W 14570 (]) 14577 14596 I- \ -'i 0\ ~ z 145T M LN en "" ~.... a.. 14565 14572 r- :! ::! ~ --'=-:;: 14533 14528 0 14553 14548 ~ l:i ~ ~ f---::J 14521 14530 .~ _ ::! _ 14516 W g 10 ~ / ~ 145TH LN y~ 1 ~ ~ 13s.V'1342' a ;; ~ ~ 11;j\ 1270 1'4517 -;13 ~I _ - - ~ I ~ \ J _ _ _ _ ~AU'F~ ~tU'~ m ._A~" _L. ~ ~ ~ fLD 1541 ~ ~ ~ ~ ~ ! ~ ~ ~ ~ ; 146TH LN 1-7 - 1534 ~ ~ El :g S! ~ ~ ~ 14832 ~ 10 10 v ;q. v -v I~~~:;;~ ;;;;;; .... s /y -1Vl - .... .... .... .... .... !Il ~ ~ - ! $ 14fm AVF t; - 14560 '!8 ~45S6 ~~GI4583 14550 t: :! 14572 Cii 14569 W U 14540 ~ 14531 0:: 14544 1454..!- 14530 0 14525 r-- 145'2D f- en z o W >< 14554 14510 10 .... ~ 1425 - - - - - - - - - - -1-- 1;:1 f NORTH 1/2 SECTION: 26 TOWNSHIP: 32 RANGE: 24 LEGEND o Half Section Boundary D Lots I Parcels _ Parks 1""'-'-';'1 F p}h?p Water eatures D Right-of-Way Map Date: July 22, 1999 ~ ~DbVE~ , , , / 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US FROM: SUBJECT: Mayor and Council Members ~ Jim Dickinson, City Administrator ~ \J David D. Berkowitz, City Engineer Todd Haas, Asst. City Engineer Declare Cost/Order Assessment RoII/05-31113511 Round Lake Boulevard NWI WM - Engineering TO: CC: DATE: September 6, 2004 INTRODUCTION This item is in regards to declaring cost and ordering assessment roll for 13511 Round Lake Boulevard NW for water main, Project 04-31. DISCUSSION The property owner has petitioned for the improvement. This item is the first step as required by law to be able to levy the assessment to the property. The amount to be assessed is as follows: Water Main Area Charge (2005 Rates) 0.66 acres x $2,294 per acre = $1,514.04 Connection Charge Previously assessed under #81-3 Lateral Charge (2005 Rates) 90 feet x $33.00 foot = $2,970.00 $4.484.04 Total for Water Main = Note: The property owner is currently hooked up to municipal sanitary sewer. BUDGET IMPACT The $4,484.04 per unit would be assessed to 13511 Round Lake Boulevard NW over a 5 year period. / ACTION REOUIRED The City Council is requested to adopt the resolution declaring cost and ordering preparation of assessment roll for Project 05-31, 13511 Round Lake Boulevard NW. Respectfully submitted, ~~ hm ../.../ Attac ents: ResolutIOn & LocatIOn Map cc: John & Janice Quick, 13511 Round Lake Boulevard NW, Andover " CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. , / MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATER MAIN, FOR PROJECT 05-31, 13511 ROUND LAKE BOULEVARD NW. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: '\ WHEREAS, the expenses incurred or to be incurred in the making of such improvement amount to $ 4.484.04 so that the total cost of the improvement will be $ 4.484.04 1. NOW. THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: The portion of the cost of such improvement to be paid by the City is hereby declared to be $ 0.00 the amount to be assessed against benefited property owners is declared to be $ 4.484.04 2. Assessments shall be payable in equal annual installments extending over a period of .Q.... years. The first of the installments to be payable on or before the 1 st Monday in January 2006 ,and shall bear interest at the rate of 6 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. , / MOTION seconded by Councilmember City Council at a reqular meeting this 6th Council members voting in favor of the resolution, and Councilmembers and adopted by the day of September ,2005, with voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor '\ " Victoria Volk - City Clerk 1.-;10 In :( P' : 'LA-Nt. . b! ~- /I' ~l f,J h, 6 "'" :t ;'.l >- a.. Q.. o a.. .... ~ (f8) 4 ~ -":,, "'" '" (5'1) ~ 5/ ~ """ 6 (~) VJ !J4 ..... ~ ~ 64 -- '"" ".., ,ff' (14) 5 ~ 4 t: i @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER,MN.US CC: Mayor and City Council .\~ Jim Dickinson, City Administrato~ TO: FROM: Vicki V olk, City Clerk SUBJECT: Approve On-Sale Intoxicating & Sunday Liquor License/Andover Lanes DATE: September 6, 2005 INTRODUCTION " On June 15,2004 the City Council approved a Conditional Use Permit for on sale intoxicating liquor at 13633 Martin Street NW (Lot 12, Block 1, Andover Station II) as requested by Daniel Dahlin. DISCUSSION Mr. Dahlin has applied for an on-sale intoxicating and Sunday liquor license for Andover Lanes. Because the building has not been completed, Mr. Dahlin's insurance company has provided the city with a letter of intent to provide insurance. The Sheriff's Office has conducted a background check on Mr. Dahlin. ACTION REQUIRED The City Council is requested to approve the on-sale and Sunday Intoxicating liquor license for Andover Lanes for the period October 1,2005 - December 31, 2005. Respectfully submitted, t.LL tJ..a Vicki Volk City Clerk ;' Cc: Daniel Dahlin, 16825 Ward Lake Drive, Andover, MN 55304 Attach: Liquor License Application v . Insurance Company Letter of Intent / Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division (AGED) 444 Cedar Street, Suite 133, St. Paul, MN 55101-5133 Telephone 651-296-6979 Fax 651-297-5259 TIY 651-282-6555 Certification of an On Sale Liquor License. 3.2% Liquor license.. or Sunday Liquor License Cities and Counties: You are required by law to complete and sign this form to certify the issuance of the following liquor license types: 1) City issued on sale intoxicating and Sunday liquor licenses 2) City and County issued 3.2% on and off sale malt liquor licenses Name of City or County Issuing Liquor License f} /J b o.J2' ({ License Period From: To: Circle oneC~~~L.!~i~ License Transfer Suspension Revocation Cancel (former licensee name) (Give dates) License type: (circle all that apply)~~ (-S~day L~ 3.2% On sale 3.2% Off Sale Fee(s): On Sale Licensefee:$~.)5"';/"Ir Sunday License fee: $ ,JOC.()C 32% On Sale fee: $ 3.2% Off Sale fee: $ Licensee Name: ffi.- J .'.~ la.r.-e I I t'l t', DOB j!/ In- Social Security # ,'1/ / /.} (corporation, partnership, LLC, or Individual) I . Business Trade Name Il-nJd,,'ev I.A<4..CJ. /lIe Business Address /:1(" 3) ;{ m:.n'" ,(rCity A7JdCli.'e.- Zip Code m 0 'I County .,1-... k... Business Phone "ill- .>r ft, rJ I> ,10-#- Home Phone '1 (. j if /3 8'rslj Home Address 16g2.-~ ,.u-.....-d- Uz.. 1)-:- City /.h-rJ.~v<-""- Licensee'sMNTaxID# 1'J6t.f:::,CJ9 g n..z _ 0" I 0'- 0 D (To Apply call 651-296-6181) 'Licensee's Federal Tax ID # '0.7 "1 t:> J.. (To apply call 651-290-3905) If above named licensee is a corporation, partnership, or LLC, complete the following for each partner/officer: {)Cc.;"J(-el TA-..,'-t4-J D4ld/.... if/tJ/r.t t.(178"t,,?~ii.( 16&;~il/4.4U- ~L-<_ Partner/OfYcer Name (First Middle Last) DOB Social Security # Home Address PI r't" (partner/Officer Name (First Middle Last) '-//f1- DOB Social Security # Home Address Partner/Officer Name (First Middle Last) DOB Social Security # Home Address Intoxicating liquor licensees must attach a certificate of Liquor Liability Insurance to this form. The insurance certificate must contain all of the following: I) Show the exact licensee name (corporation, partnership, LLC, etc) and business address as shown on the license. 2) Cover completely the license period set by the local city or county licensing authority as shown on the license. Circle One: (Yes No) During the past year has a summons been issued to the licensee under the Civil Liquor Liability Law? Workers Compensation Insurance is also required by all licensees: Please complete the following: Workers Compensation Insurance Company Name: Policy # I Certify that this licensees) has been approved in an official meeting by the governing body of the city or county. City Clerk or County Auditor Signature Date , (title) ) ) On Sale Intoxicating liquor licensees must also purchase a $20 Retailer Buyers Card. To obtain the application for the Buyers Card, please call 651-215-6209, or visit our website at www.dps.state.mn.us. (Form 9011-2004) 1685 CROSSTOWN BOULEVARD N.W. - ANDOVER, MINNESOTA 55304 - (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US ON-SALE INTOXICATING LIQUOR LICENSE APPLICATION Whoever shall knowingly and willfully falsify the answers to the following questionnaire shall be deemed guilty of perjury and shall be punished accordingly. In answering the following questions, "Applicants" shall be governed as follows: For a Corporation, one officer shall execute this application for all officers, directors, and stockholders. For a Partnership, one of the "Applicants" shall execute this application for all members of the partnership. EVERY QUESTION MUST BE ANSWERED 1. I, DC(VII~ / "f/u;.-..t.uS i)e..hl,;' as (Jrerlj~.J' First ~ddle . Last for and on behalf of /f11.d."~ L"'l.oC:j hereby apply for an On- Sale Intoxicating Liquor License to be located at 13~ 3 J .n~<.. 11.. S'/-. , City of Andover, County of Anoka, State of Minnesota, in accordance with the provisions of Minnesota Statues, Chapter 340, commencing , 20 and ending , 20_. 2. Applicant's date of birth Birthdates of Partners or Officers of Corporation 11-0..(,,1 oj III- ;.//4 3. The residence for each of the applicants named herein for the past five years is as follows: 1 ib81-) j,A/r-..vJ L.j,_-c /)", /h...d,...,-.e..... .-'-i,V ..---r3c'f 4. Is the applicant a citizen of the United States? Y ~ J If naturalized, state date and place of naturalization: ,./ I/~ If a corporation or partnership, state citizenship of all officers or partners t/,{' 5. The person who executes this application shall give spouse's full name and address. 6:-lUcrl f{/J-r1--;e I),I/-Huj (;Vd*,-) /G';l.) (#.-....-J "-d,, f)..-, ~.'..:.,.. ( ,u If,./~ S-r? tf{ 6. What occupations have applicant and associates in this application followed in th~ past five years? cku.t~-- /1fJ'.w4-fw .-, fh.... ?-ic: tA-......q t R 7. If a partnership, state name and address of each member of partnership. "/1/1"" . If a corporation: . Date of incorporation: It) - /1.(- 2'1&' >I State in which incorporated: ,M N Amount of authorized capitalization: Amount of paid capital: If a subsidiary of another corporation, so state: ri n Name and address of all officers, directors, and st ckholders, and the number of shares held by each: ,9://'1 e4tt~, . 1000 . if, t(/~;r.~ ~t,.... VI", I'f-xd..,;,,- tfI f!1 ~ Y If incorporated under the laws of another state, is corporation authorized to do business ~ this state: ""f"t Number of certificate of authority: ,'N' << I 8. On what floor is the establishment located, or to be located? U!17N 9. Describe the premises t9 be licensed./ 8e''<//t",,/ C.".....-fe....; ~4'J r--~~v,",-....t { ;(j,4">'Z- 10. Is the establishment located near an academy, college, university, church, elementary, middle school or high school? ,V'" State approximate distance of the establishment from such school or church: ";/4- 11. Give name and address of owner of building establishment is to be located in.. [JA.':" -". / ()" I. (. -.... <f '-~ U. t.'.. {)e; It I. :. /Cd'1....,- WA.~j &~ {),~" 4z.".t..q",,- Has owner. of building any connection, directly or indirectly, with applicant? 5 ~ ,..c-c.-- 12. Are the taxes on the above mentioned property delinquent? ,A/o In accordance with Ordinance No. 235 no license shall be granted for operation or renewal on any premises on which taxes, assessment or other financial claims of the City are delinquent and unpaid. 13, State whether applicant or any of his associates in this application have ever had an application for a liquor license rejected by any municipality or state authority. '</0 If so, give date and details: ;v/--r I 14. Has the applicant or any of his associates in this application during the five years immediately preceding this application ever had a license under the Minnesota Liquor Control Act revoked for any violation of such laws or local ordinances? ~o If so, give da~/~etails: f 15. State whether applicant or any of his associates in this application during the past five years were ever convicted of any law violations or any crime in this state or any other state or under Federal La~1' If so, give date and details: ,ILl 0 fi( A" 16. State whether any person, other than applicants, has the right, title or interest in the furniture, fixtures or equipment in the premises for which license is applied; and, if so, give name and details: .4 A- . 17. Is the applicant or any of his associates in this application a member of the City ~ncil in the municipality where this license is be issued? If applicant for license is the spouse of a member of the governing body or where other family relationship exists, such member shall not vote on this application. 18. Have applicants any interest whatsoever, directly or indirectly, in any other liquor establishment in the State of Minnesota? V~S j Give name and address of such establishment: If..<k ~ k~ L-dr<-?J /6'/(,s liz-I ~1;<-/e If..... ~ ( ,HN 51/)QV 19. Furnish the name and address of at least three business references, including one bank reference: L" ....,~ ,S';.4...w,.....,k.. .- Ulf~.<. /7"".....( - IJ k I r1 <- I ~(L;[ (..u j", ",< - ,i!/:-../f. Ju-J.-,;, .fv//1!-</ - If. -. t....-i:~ (' I" '" I 5 f,. r'4i.o....-{t.. / ket - 'X.'F t..< 4'y.:'''"'- 20. What is the seating capacity of this establishment? Z-i.? 0 21. During what hours will food be available? I(,I.~ - .M..,J..<-17/''/ fl, Ir.f- /tJd'h If fl,..... ~(i1_ IA.......~ v 22. State the na.me of the person who will operate the restaurant. 7)4 u /<, / i).. tz. ( ,:;.., .- -tJ.' n> t.......r "TZ: If1-IL J i.);; /t I~ ';... - v cO; <t;.q.-_ "",f /"< '} - / 23. State the name of the person who will operate the bar. /)..:..... 7). t.. {, ~ f7..-.u , ~.nt!r 0... I./. ;., ,,: 1'1 24. State the number of people the restaurant will employ. ZS'"'r 25. Will food service be the principal business of this establishment? 1>10 26. State trade name to be used. IhJ t' 1/ <....... L '1.~".p) 27. If this restaurant is in conjunction with any other business (such as resort, etc.) describe such business. /J",w('"7 c.-~ 28. How many years has this business been in operation under this ownership? 0 . 29. Does applicant intend to sell intoxicating liquor to other than the consumer? . ..{/lJ " , 30. How many months of the year will this establishment be open? (1-- 31. Applicant and his associates in this application will strictly comply with all the laws of the State of Minnesota governing the taxation and sale of intoxicating liquor, rules and regulations, promulgated by the Liquor Control Commissioner, and all laws of the country, and I hereby certify that I have read the foregoing questions and that the answers to said questions are true to my knowledge. k t2J::;J i2LL ;/?~='S- Signature Date License Fees*: Sunday Liquor License: $200.00 . Intoxicating On-Sale: $5.250.00 Intoxicating Off-Sale: $200.00 Wine Only: $500.00 / ction by City Council: j ~e","def".s ...... ,~~~?~E~~,c.%> d*. ';\*'\ Office of the Sheriff -,,-,;' I \~.'<~, , . O.f;c"/~",, / \ .~gg/.,. \ -.--:-;:-~-...: ~:~ ,~.:<\ \ Anoka County Sheriff Bruce Andersohn 325 East Main Street, Anoka, MN 55303-2489 (763)323-5000 Fax (763)422-7503 August 29, 2005 City Clerk Vicki V olk City of Andover 1685 Crosstown Boulevard NW Andover, MN 55304 RE: Certification of On-Sale Liquor License, 3.2% Liquor License, or Sunday Liquor License for Andover Lanes, Inc. Dear Ms, V olk: I received the attached Certification of On Sale Liquor License and Sunday Liquor License for Andover Lanes, Inc. As you requested, a criminal background check was completed upon the following: 1. Daniel Thomas Dahlin - dob 11/13/1961 Certification by the Anoka County Sheriff's Office This is to certify that to the best of my knowledge, the above-named individual has not been convicted within the past five years of any violation of laws of the State of Minnesota or Municipal Ordinances relating to the sale of non-intoxicating malt liquor or intoxicating liquors except as herein stated: Two alcohol compliance check failures dated November 15,2002 and January 16, 2003 at the business establishment of Ram Lake Lanes. In the event it is detennined that a criminal background search is needed on other associates of the business entity, please provide me with the individual's complete name (first, middle, and last names), along with hislher date of birth. Please note that the above-named individual(s) may have other-reported incidents that do not include the sale of non-intoxicating malt liquor or intoxicating liquors, klh , I I i_'-~'a. I I I:;'> I Affirmative Action;1 ~Eq~~1 Opportunity Employer 1 ~\}~TH-~X I 1 C(Kl~~~[Y J FRO:1 Uram Insurance Rgenc,=! FRX t1O. 7537859855 / a'~ ~- ' ",'r' . ~ .-< ,'~.-~.._-...':" \ I FAR MER S- r:.1ff!.~\~ ~J ~..;: Af"illllrr,t{ .1 i';'I'(/d,ou:.. (,'NII/I"" August 17, 2005 City of Andover Dept of Licensing 1685 Crosstown Blvd NW Andover, MN 55304 Re: Andover Lanes, Ine DBA: Andover Lanes 13633 Marlin 8t NW Andover, MN 55304 Subject: Letter of intent to provide insurance To Whom it May Concem, Rug. 17 2005 02:27Pt1 P2 Uram Insurance Agency ~6.,1 (:"nrrol Avo NE Blaine, MN 55434 Bus; 763-785-20}1 )'ox; 7(;3-785-9855 Ollmat<;: 800-833-2031 info@Ur:ungroupinc,Cf.>m This letter is to notify the City of Andover of our intent to provide insurance foJ' Andover Lanes, Ine DBA: Andover Lanes. This insurance is to include liquor liability with limits of$500,000/$1,000,Ooo. The insurance carrier will be Scottsdale Insurance Company. Policy will be effective 1011/05 and will run to 12/3110S- Please feel free to call me should there be any questions or concerns in regards to this matter. Mrtmbers of the Falmers Presidents Council are a sdut group of agmls ",,,d dislrid mtlnag<rs 't()ho Ml11.(JnStrtLte ap.atis~. in providing inSf,{ra:z~~ tq th~.Arn(.ric.1tt pubLic (jS) 1685 CROSSTOWN BOULEVARD N,W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 J FAX (763) 755-8923 . WWW,CI.ANDOVER.MN.US TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator/Finance Director SUBJECT: Approve Financial Policies Updates DATE: September 6, 2005 INTRODUCTION Administration and Finance have recently reviewed the City Financial Polices and have provided some recommended updates. This was identified as a 2005-2006 continuing goal by the City Council. DISCUSSION The review of the Financial Policies, originally adopted in 2000, is yielding very few updates. The attached financial polices show updates in a strikethrough and underline format. Updates were made to streamline operations, comply with current law, or to document significant practice. '\ I It should be noted that this is a working policy and should be reviewed at least annually. It ,should also be noted that the financial policies do not cover all functions of the City and consideration should be given in the future to add to the financial policies when appropriate. BUDGET IMP ACT No budget impact. ACTION REQUIRED The Andover City Council is requested to approve the attached Financial Policies updates. - / Attachments CITY OF ANDOVER FINANCIAL POLICIES Adopted August 1, 2000 , / / CITY OF ANDOVER FINANCIAL POLICIES Introduction These financial policies set forth the basic framework for the overall fiscal management of the City of Andover. Operating independently of changing circumstances and conditions, these policies assist the decision-making process of the City Council and the administration of the City's affairs. These policies provide guidelines for evaluating both current activities and proposals for future programs. Most of the policies represent principles and practices, which are commonly used in many government agencies to assist in maintaining financial stability over the years. These policies shall be reviewed annually, and changes authorized by the City Council resolHtion. CITY OF ANDOVER FINANCIAL POLICIES A. Accounting, Auditing and Financial Reporting Policy 1. The City of Andover will establish and maintain a high standard of accounting practices. Accounting standards will conform to Generally Accepted Accounting Principles (GAAP) as outlined by the Governmental Accounting Standards Board (GASB). 2. At the end of each fiscal year, an audit of the City records will be conducted by a Certified Public Accounting firm that will include issuing a financial opinion and a management and compliance report on internal controls. 3. The City of Andover will maintain a strong internal audit function. 4. The City will maintain a fixed asset system to identifY and protect all City assets. 5. The Finance Department will prepare monthly financial reports for internal management purposes. / 6. The City Council delegates the authority to designate fund balance, as required for prudent fiscal management, to the City Administrator and Finance Director. 7. Annually, the Finance Department will prepare a comprehensive annual financial report. This report shall be made available to the elected officials, city management, bond-rating agencies, and the general public. 8. The City will annually submit its comprehensive annual financial report to the Government Finance Officers Association (GFOA) to determine its eligibility to receive the GFOA's Certificate of Achievement for Eexcellence in Financial Reporting. 1 CITY OF ANDOVER FINANCIAL POLICIES B. Operating Budget Policy 1. The formal budgeting process provides the primary mechanism by which key decisions are made regarding the levels and types of services to be provided, given the anticipated level of available resources. A. The City will attempt to maintain its present service level for priority and essential services subject to available revenues. New services will be considered for funding within available resources. B. The City of Andover will utilize a "bottom-up" resource allocation approach. Each department will have an opportunity to request personnel, goods, capital items and services needed to carry out its responsibilities in a timely manner. \ J C. The resources to fund the budget will include all revenues reasonably anticipated from all sources and the unreserved undesignated fund balance estimated to be carried forward at the beginning of the fiscal year. D. The City enterprise operations are to be self-supporting, including capital improvements and depreciation. Enterprise operations are to be reviewed annually for self-sufficiency. E. The City will utilize procedures that allow departments to integrate priorities and objectives into the budget requests. 2. The operating budget, authorizing expenditure of City monies, will be adopted annually by the City Council at the department level (:\ppendh( ,A,). Expenditures may not exceed the total for any department, within a fund, without the City Council's approval. The authority to make changes to the adopted City Budget during the operating year is as follows: A. City Council approval is required for all budget adjustments or transfers that will increase the department's adopted expenditure budget, or adjustments that are made to facilitate a department restructuring. B. City Council approval is required for any budget adjustment that exceeds either $10,000 or 5% of a department's expenditure budget, except that adjustments under $10,000 may be approved as provided in C. & D. below. C. City Administrator, or their designee when unavailable, approval is required for all budget adjustments or transfers made to personal services or capital outlay under $10,000 on a one-time basis. 1 , , I D. Budget adjustments and transfers among expenditure accounts may be authorized during the fiscal year by the City Administrator and the Finance Director, if there is no effect on the department's gross expenditure budget and the adjustment is not to employee compensation. E. Under no circumstances should budget adjustments be split to avoid approval limits. 3. The City will budget to maintain fund balances at adequate levels to ensure sufficient resources are available for current and future expenditures, whether planned or unforeseen. A. The City will budget to maintain an unreserved designation for cash flow for each operating fund, to support operations until current tax revenues are received. Based upon the semi-annual collection of local taxes and the associated state HAC,\ revenues, each operating fund, relying on property tax related revenues, should maintain cash flow designations at year-end necessary for approximately 6 months of operation. B. The City will budget to maintain an unreserved fund balance available for contingencies of between I percent and 3 percent of budgeted expenditures for each operating fund in order to finance unforeseen items and events that occur during the course of the year. It is not necessary for each fund to hold its own contingency. The General Fund may hold contingencies for other funds when appropriate. J C. All unencumbered appropriations and encumbered purchases less than $1,000 lapse at year-end. However, the appropriation authority for all major capital projects and capital assets carries forward automatically to the subsequent year. Appropriations for encumbered purchases in excess of $1,000, which are not budgeted in the ensuing year, may be transferred to the subsequent year with the approval of the City Administrator and Finance Director. The current year appropriation is reduced and the subsequent year appropriation is increased. 4. The City will maintain a budgetary control system to ensure adherence to the budget and will prepare regular reports, which compare actual revenues, and expenditures to budgeted amounts. 5. The City will coordinate development of the Capital Improvement Budget with the development of the annual operating budget. Each capital improvement project is reviewed for its impact on the operating budget in terms of revenue generation, additional personnel required and additional operating expenses. 6. The capitalization threshold for assets of the City of Andover, as defined in the Fixed Asset Policy, applies to all budgets and purchases associated with the Capital Expenditure series of accounts. 7. Annually the Finance Department will prepare an Annual Operating Budget report. This report will be made available to elected officials, City management, bond-rating agencies, and general public. 8. The City will annuallv submit its operating budget report to the Government Finance Officers Association (GFOA) to determine its eligibility to receive the GFOA's Distinguished Budget Presentation Award. 2 CITY OF ANDOVER FINANCIAL POLICIES C. Capital Improvement Policy 1. A Capital Improvements Program (CIP) will be developed for a period of five years. As resources are available, the most current year of the CIP will be incorporated into the current year operating budget as the Capital Improvements Budget (ClB). The CIP will be reviewed and updated annually. Years two through five are for planning purposes only. 2. The City will maintain its physical assets in a manner, adequate to protect the City's capital investment and to minimize future maintenance and replacement costs, The City will provide for maintenance and replacement from current revenues where possible. 3. To be considered in the Capital Improvements Program a project must have an estimated cost of at least $5,000 in one of the calendar years of the project. Projects may not be combined to meet the minimum standard unless they are dependent upon each other. Items that are operating expense (such as maintenance agreements, personal computer software upgrades, etc.) will not be considered within the CIP. 5. 6. \ , J 7. Capital projects, which duplicate other public and/or private service, will not be considered. The City will identifY the estimated costs and potential funding sources for each capital project prior to inclusion in the CIP. The operating costs to maintain capital projects shall be considered prior to the decision to undertake the capital projects. Capital projects and/or capital asset purchases will receive a higher priority if they meet a majority of the following criteria: A. Mandatory project B. Maintenance project (approved replacement schedules) C. Improve efficiency D. Provide a new service E. Policy area project F. Broad extent of usage G. Length of expected useful life H. Positive effect on operation and maintenance costs I. Availability of county/state/federal grants J. Elimination of hazards (improves public safety) K. Prior commitments L. Replacement due to disaster or loss 9, The CIP is to be presented by the Finance Director annually to the City Council for approval. Any substantive change to the CIP after approval must be approved by the City Council. I CITY OF ANDOVER FINANCIAL POLICIES D. Debt Policy 1. The following Debt Policy should be used to provide guidelines for debt decisions. There are no absolute rules or formulas in determining the level of City debt. Each situation requires a thorough review of the City's debt position, financial health and economic forecast. The limitations of this policy refer to City of Andover debt only (excludes EDA and HRA). 2. The City wiII maintain good communications with bond rating agencies and wiII try to improve or maintain its current "A::!:" bond rating so that the City's borrowing costs are minimized and access to credit is preserved. 3. The City wiII not use short-term borrowing to finance operating needs except in the case of an extreme financial emergency, beyond the City's control or reasonable ability to forecast. 4. The City may use long-term debt financing when all of the following conditions exist: A. When non-recurring capital improvements are desired, and B. When it can be determined that present and future citizens wiII receive a benefit from the / improvement, and C. When the cost benefit of the improvement, including interest cost, is positive. 5. The issuance of long-term debt is limited to capital improvements or projects that cannot be financed from current revenues or resources. For purposes of this policy, current resources are defined as that portion of fund balance in excess of appropriate required reserves and designations. The City of Andover wiII not pledge indebtedness to outside agency financing, unless the benefit is for City of Andover residents. 6. The City of Andover will limit the amount of total net general obligation debt to no more than 2% of the estimated market value. (Minnesota Statutes limit on debt is 2% of the estimated market value). 7. The payback period of the bonds or notes will be-the not exceed the estimated useful life of the capital asset constructed or purchased. 8. The City will conservatively project the revenue sources utilized to repay the debt (Le., taxes for G.O. debt are levied at 105% of the required debt service). 9. Capital notes and leases may be used to finance equipment purchases anytime the total cost of the purchase exceeds $10,000, the useful life of the equipment is greater than five years, the financing rate is less than or equal to the current and projected investment rates, or the purchase is of a non-recurring nature (photo copv machines and information technologY equipment). 10. The City will follow a policy of full disclosure on every Comprehensive Annual Financial Report and official statement. '\ CITY OF ANDOVER FINANCIAL POLICIES E. Revenue Policy 1. The City will attempt to maintain a diversified and stable revenue system to shelter it from short-run fluctuations in any single revenue source. The revenue mix should combine elastic and inelastic revenue sources to minimize the effect of economic downturns. 2. The City will foIlow an aggressive policy of coIlecting revenues. 3. The City will periodicaIly review fees and charges in order to keep pace with the cost of providing the service or that percentage of the total cost deemed appropriate by the City, and will conduct a public hearing or adoot an ordinance, as required by law, prior to setting fees or charges. 4. The City wiIl consider market rates and charges levied by other public and private organizations for similar services in establishing tax fees and charges. \ 5. The City will aIlocate Citywide revenues to funds, which provide services to the entire City. j 6. AIl revenues, reasonably expected to be unexpended and unencumbered at the end of the year, will be anticipated as "available fund balance" in the budget of the foIlowing year. 7. The City will attempt to invest all cash holdings in accordance with the cash and investment policy and maximize those holdings with an effective payment policy. ~NDbVE~ ~ \ 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 AdministratorIFinance Director SUBJECT: Approve Investment Policy Updates DATE: September 6, 2005 INTRODUCTION Administration and Finance have recently reviewed the City Investment Policy and have provided some recommended updates. This was identified as a 2005-2006 continuing goal by the City Council. DISCUSSION The review of the Investment Policy, originally adopted in 1999, is yielding very few updates. The attached investment policy shows updates in a strikethrough and underline format. Updates were made to correct statutory references, appropriate investments types and reporting requirements. J BUDGET IMPACT No budget impact. ACTION REQUIRED The Andover City Council is requested to approve the attached Investment Policy updates. \-- \ ) City of Andover Investment Policy - , , / Adopted by Andover City Council on April 6, 1999 , City of Andover Investment Policy I. Scope This policy applies to the investment of all financial assets of the City of Andover except investments of employees' investment retirement funds. 1. Pooling of Funds Except for cash in certain restricted and special funds, the City of Andover will consolidate cash balances from all funds to maximize investment earnings. Investment income will be allocated to the various funds based on their respective participation and in accordance with generally accepted accounting principles. II. General Objectives The primary objectives, in priority order, of investment activities shall be safety, liquidity and yield: 1. Safety Safety of principal is the foremost objective of the investment program. Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The objective will be to mitigate credit and interest rate risk. a) Credit Risk The City of Andover will minimize credit risk, the risk ofloss due to the failure of the security issuer or backer, by: . Limiting investments to the safest types of securities. . Pre-qualifYing the fmancial institutions, broker/dealers, intermediaries and advisers with which the City will do business as stated in Section IV, Paragraph I. . DiversifYing the investment portfolio so that potential losses on individual securities will be minimized. b) Interest Rate Risk The City will minimize the risk that the market value of securities in the portfolio will fall due to the changes in general interest rates, by: . Structuring the investment portfolio so that securities mature to meet cash requirements for ongoing operations, thereby avoiding the need to sell securities on the open market prior to maturity. . Investing operating funds primarily in shorter-term securities, money market mutual funds or similar investment pools. 2. Liquidity The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. This is accomplished by structuring the portfolio so that securities mature concurrent with anticipated demands. A portion of the portfolio may be placed in money-market mutual funds or local government investment pools which offer same-day liquidity. 3. Yield The investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints and liquidity needs. Return on investment is of secondary importance compared to the safety and liquidity objectives described above. Investments are limited to relatively low risk securities in anticipation of earning a fair return relative to the risk being assumed. Securities shall not be sold prior to maturity with the following exceptions: 1. A security with declining credit may be sold early to minimize loss of principal. 2. A security swap would improve the quality, yield or target duration in the portfolio. 3. Liquidity needs of the portfolio require that the security be sold. III. Standard of Care 1. Prudence The standard of prudence, meaning not for speculation and with consideration ofthe probable safety of the capital as well as the probable investment returns, shall be used by investment officials. Investment officers acting in accordance with written procedures and this investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes. " 2. Ethics and Conflicts of Interest Employees involved in the investment process shall have no personal business activity that could conflict with the proper execution and management ofthe investment program, or could impair their ability to make impartial decisions. Employees shall disclose any material interests in financial institutions with which they conduct business. They shall further disclose any personal financiaVinvestment positions that could be related to the performance of the investment portfolio. Employees shall refrain from undertaking personal investment transactions with the same individual with whom business is conducted on behalf of the City. / 3. Delegation of Authority Authority to manage the investment program is granted to the Finance Director and derived from the following: Minnesota Statutes, Chapter 118A",and Minnesota Statutes Sections 471~ and 475.,66; Responsibility for the operation of the investment program is hereby delegated to the Finance Director, who shall act in accordance with established written procedures and internal controls for the operation of the investment program consistent with this investment policy and applicable state statutes. Procedures should include references to: safekeeping, delivery vs. payment, investment accounting, repurchase agreements, wire transfer agreements and collateraVdepository agreements. No person may engage in an investment transaction except as provided under the terms ofthis policy and the procedures established by the Finance Director. The Finance Director shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials. j 2 IV. Safekeeping and Custody 1. Authorized Financial Dealers and Institutions A list will be maintained of financial institutions authorized to provide investment services. In addition, a list also will be maintained of approved security broker/dealers selected by creditworthiness. These may include "primary" dealers or regional dealers that qualify under Securities and Exchange Commission (SEe) Rule 15C3-1. All finanCial institutions and broker/dealers who desire to become qualified for investment transactions must supply the following as appropriate: . Audited fmancial statements. · Proof of National Association of Securities Dealers (NASD) certification. . Proof of state registration. . Completed broker/dealer questionnaire. . Certification of having read and understood and agreeing to comply with the City's investment policy. An annual review of the fmancial condition and registration of qualified financial institutions and broker/dealers will be conducted by the Finance Director. 2. Internal Controls The Finance Director is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the City are protected from loss, theft or I misuse. The internal control structure shall be designed to provide reasonable assurance that these objectives are met. The concept of reasonable assurance recognizes that (1) the cost of a control should not exceed the benefits likely to be derived and (2) the valuation of costs and benefits requires estimates and judgments by management. Accordingly, the Finance Director shall establish a process for an annual independent review by an external auditor to assure compliance with policies and procedures. The internal controls shall address the following points: . Control of collusion. . Separation of transaction authority from accounting and recordkeeping. . Custodial safekeeping. . Avoidance of physical delivery securities. . Clear delegation of authority to subordinate staff members. . Written confirmation of transactions for investments and wire transfers. . Development of a wire transfer agreement with the lead bank and third-party custodian. 3. Delivery vs. Payment All trades, where applicable, will be executed by delivery vs. payment (DVP) to ensure that securities are deposited in an eligible financial institution prior to the release of funds. , 3 V. Suitable and Authorized Investments 1. Investment Types The following investments will be permitted by this policy and are those defined by state and local law where applicable: a) U.S. government obligations, U.S. government agency obligations and U.S. government instrumentality obligations which have a liquid market with a readily determinable market value; b) Canadian government obligations (payable in local currency); Q e) Certificates of deposit and other evidences of deposit at financial institutions, bankers' acceptances, and commercial paper, rated in the highest tier (e.g., A-l,P-I, or F-l,er -9-l-or higher) by a nationally recognized rating agency; f e) Investment-grade obligations of state, pro"/incial, local governments and public authorities; !Le) Repurchase agreements whose underlying purchased securities consist of the investment types listed above. s< f) Money market mutual funds regulated by the Securities and Exchange Commission and whose portfolios consist only of dollar-denominated securities; and f g) Local government investment pools, either state-administered or through joint powers statutes and other intergovernmental agreement legislation. j 2. Collateralization Full collateralization will be required on non-negotiable certificates of deposit. 3. Repurchase Agreements Repurchase agreements shall be consistent with GFOA Recommended Practices on Repurchase Agreements. VI. Investment Parameters 1. Diversification The investments shall be diversified by: . limiting investments to avoid over concentration in securities from a specific issuer or business sector (excluding U.S. Treasury securities), . limiting investment in securities that have higher credit risks, . investing in securities with varying maturities, and . continuously investing a portion of the portfolio in readily available funds such as local government investment pools (LGIPs), money market funds or overnight repurchase agreements to ensure that appropriate liquidity is maintained in order to meet ongoing obligations. 2. Maximum Maturities To the extent possible, the City shall attempt to match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow, the City will not directly invest in securities maturing, or having average lifes, of more than five (5) years from the date of purchase or in accordance with state and local statues and ordinances. 4 Reserve funds and other funds with longer-term investment horizons may be invested in securities exceeding five (5) years if the maturity of such investments are made to coincide as nearly as practicable with the expected use of funds. The intent to invest in securities with longer maturitues shall be disclosed in writing to the legislative body. Because of inherent difficulties in accurately forecasting cash flow requirements, a portion of the portfolio should be continuously invested in readily available funds such as local government investment pools, money market funds, or overnight repurchase agreements to ensure that appropriate liquidity is maintained to meet ongoing obligations. VII. Reporting 1. Methods The Finance Director shall prepare an investment report, including a management summary that provides an analysis of the status of the current investment portfolio and transactions made quarterly. This management summary will be prepared in a manner which will allow the City to ascertain whether investment activities during the reporting period have conformed to the investment policy. The report should be provided to the Mayor, City Council, and City Administrator and pool participants on a quarterly basis. The report will include the following: a) Listing of individual securities held at the end of the reporting period. b) Realized and unrealized gains or losses resulting from appreciation or depreciation by listing the cost and market value of securities over one-year duration that are not intended to be held until maturity. c) Average weighted yield to maturity of portfolio on investments. d) Listing of investments by maturity date. e) Percentage ofthe total portfolio which each type of investment represents. 2. Performance Standards The investment portfolio will be managed in accordance with the parameters specified within this policy. The portfolio should obtain a market average rate of return during a market! economic environment of stable interest rates. 3. Marking to Market The market value of the portfolio shall be calculated at least quarterly. VIII. Policy Considerations 1. Exemption Any investment currently held that does not meet the guidelines of this policy (adopted April 6. 1999) shall be exempted from the requirements of this policy. At maturity or liquidation, such monies shall be reinvested only as provided by this policy. 2. Amendments This policy shall be reviewed as needed or requested by City Council. Any changes must be approved by the City Council. FILE:G:DA T NFlNANCElINVPOL.DOC 5 ~ j 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: Appoint City's RepresentativefYouth First/Northwest Anoka County Community Consortium DATE: September 6,2005 INTRODUCTION The Council is requested to appoint a member to the Northwest Anoka County Community Consortium (NWACC) Board. This board oversees Youth First and Neighbors Helping Neighbors, DISCUSSION The City of Andover is a member of the NW ACC and with membership is asked to provide representation on the board, Laura Landes has been a City of Andover representative since October of 2003, and will continue to remain a representative. Andover has been asked to provide another representative to actively participate. Pastor Jim Barber from Constance Evangelical Free Church has been identified has a representative for the City and Pastor Barber is willing to serve, ACTION REOUESTED The City Council is requested to appoint Pastor Jim Barber as a City of Andover representative to the NW ACC, - / CITY OF NDOVE C!D 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW,CI.ANDOVER.MN,US TO: Mayo, and City Cooneil & Jim Dickinson, City Administrator Vicki V olk, City Clerk CC: FROM: SUBJECT: Amend City Code Title 5, Gambling DATE: September 6, 2005 INTRODUCTION The Gambling Control Board has amended the requirements for the amount a business can charge for rent for an organization selling pull tabs. DISCUSSION Our current code allows rents up to $1,000 per month plus up to $750.00 per month for utilities. The new language states the maximum rent is $1,750.00 per month. No other services or expenses provided may be paid by the organization, including trash removal, janitorial and cleaning services, snow removal, lawn services, electricity, heat, etc. A copy of the lease with the new language is attached. ACTION REOUIRED The City Council is requested to adopt the attached ordinance amending the City Code to reflect the change made by the Gambling Control Board. Respectfully submitted, \ O:...L. ()~ Vicki V olk City Clerk Attach: Ordinance ,/ ,/ Lease for Lawful Gambling Activity / , J LG215 Lease for Lawful Gambling Activity 8{05 Page 2 of2 Lease Term - The term of this lease agreement will be mncurrent with the premises permit issued by the Gambling Control Board (Board), Management of Gambling Prohibited -The owner of the premises or the lessor will not manage the mndud of gambling at the premises. Partidpation as Players Prohibited - The lessor, the lessor's immediate family, and any agents or gambling employees of the lessor will not participate as players in the mnduct of lawful gambling on the premises. \, Illegal Gambling . The lessor is aware of the prohibition against illegal gambling in Minnesota Statutes 609.75, and the penalties for illegal gambling violations in Minnesota Rules 7861.0050, Subpart 3. In addition, the Board may authorize the organization In withhold rent for a period of up In 90 days if the Board determines that illegal gambling oa:urred on the premises and that the lessor or its employees participated in the illegal gambling or knew of the gambling and did not take prompt action In slDp the gambling. Continued tenancy of the organization is authorized without the payment of rent during the time period determined by the Board for violations of this provision. . To the best of the lessor's knowledge, the lessor affirms that any and all games or devices located on the premises are not being used, and are not capable of being used, in a manner that violates the prohibitions against illegal gambling in Minnesota Statutes 609,75, and the penalties for illegal gambling violations in Minnesota Rules 7861.0050, Subpart 3. . Notwithstanding Minnesota Rules 7861.0050, Subpart 3, an organization must mntinue making rent payments, pursuant In the terms of the lease, if the organization or its agents ar found In be solely responsible for any illegal gambling mnd at that site that is prohibited by Minnesota Rules 7861.0050, Subpart I, or Minnesota Statutes 609.75, unless the organization's agents responsible for the illegal gambling activity are also agents or employees of the lessor. . The lessor shall not modify or terminate the lease in whole or in part because the organization reported In a state or local law enforcement authority or the Board the oa:urrence at the site of illegal gambling activity in which the organization did not participate. Other Prohibitions . The lessor will not impose restrictions on the organization with respect In providers (distributors) of gambling-related equipment and services or in the use of net profits for lawful purposes. . The lessor, person residing in the same household as the lessor, the Iessor's immediate family, and any agents or employees of the lessor will not require the organization In perform any action that would violate statute or rule, If there is a dispute as In whether a violation of this provision oa:urred, the lease will remain in effect pending a final determination by the Compliance Review Group (CRG) of the Gambling Control Board. The lessor agrees In arbitration when a violation of this provision is alleged. The arbitrator shall be the CRG. . The lessor shall not modify or terminate this lease in whole or in part due In the lessor's violation of the provisions listed in this lease. Access to permitted premises -The Board and its agents, the mmmissioners of revenue and public safety and their agents, and law enforcement personnel have access In the pennitted premises at any reasonable time during the business hours of the lessor. The organization has aa:ess In the permitted premises during any time reasonable and when necessary for the mnduct of lawful gambling on the premises. Lessor realrds -The lessor shall maintain a record of all money received from the organization, and make the record available In the Board and its agents, and the mmmissioners of revenue and public safety and their agents upon demand, The record maintained for a period of 3-1{2 years. Rent alHndusive - Amounts paid as rent by the organization In the lessor are alHndusive. No other services or expenses provided or mntracted by the lessor may be paid by the organization, induding but not limited In trash removal, janitorial and deaning services, snow removal, lawn services, electricity, heat, security, security monitoring, storage, other utilities or services, and in the case of bar operations, cash shortages. Any other expenditures made by an organization that is related In a leased premises must be approved by the director of the Gambling Control Board. Rent payments may not be made In an individual. Acknowledgment of Lease Terms All obligations and agreements are contained in or attached to this lease and are subject to the approval of the director of the Gambling Control Board, I affirm that the lease information is the total and only agreement between the lessor and the organization. There is no other agreement and no other consideration required between the parties as to the lawful gambling and other matters related to the lease. Any changes in this lease will be submitted to the Gambling Control Board at least 10 days prior to the effective date of the change. If a renegotiated lease is made due to a change in ownership, the new lease will be submitted within 10 days after the new lessor has assumed ownership. Ust or attach other terms or conditions (must be approved by director of Gambling Control Board) Signature of lessor Date Print name and title of lessor Signature of organization official (lessee) Date Print name and title of lessee Questions on this form should be directed to the Licensing Section of the Gambling Control Board (Board) at 651-639-4000. This publicatio will be made available in altemative format (i.e. large print, Braille) upon request. If you use a TlY, you can call the Board by using the Minnesota Relay Service and ask to place a call to 651-639-4000. The information requested on this form will become public information when received by the Board, and will be used to determine your compliance with Minnesota statutes and rules governing lawful gambling activities. CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CITY CODE TITLE 5, CHAPTER 3, SECTION 5-3-5, APPROVED ORGANIZATIONS. The City Council of the City of Andover hereby ordains: City Code Title 5, Chapter 3, Section 5-3-5 is amended as follows: 5-3-5 Approved Organizations A.6, Leases to an organization f-or lawful gambling shall have a monthly rental payment not to exceed one thousand dollars ($1,000.00). In addition, utilities shall be limited to twenty five percent (25%) of the permitting facility's actual cost, not to exceed se','en hlHldrcd fifty dollars ($750.00) per month. The maximum rent allowed in leases to organizations may not exceed one thousand seven hundred fifty dollars ($1.750.00) per month. No other services or expenses provided or contracted by the lessor may be oaid by the organization. including but not limited to trash removal. ianitorial and cleansing services, snow removal. lawn services, electricity, heat. security. security monitoring. storage. other utilities or services. and in the case of bar operations. cash shortages. Any other expenditures made by an organization that are related to a leased premises must be approved by the director of the Gambling Control Board. Rent payments may not be made to an individual. Adopted by the City Council ofthe City of Andover this day of 2005. CITY OF ANDOVER Attest: Michael R. Gamache - Mayor Victoria V olk - City Clerk (@ , , 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER,MN,US CC: Mayor and Councilmember's ~~ Jim Dickinson, City Administrator ~\J Erick Sutherland - Recreational Facility Manager TO: FROM: SUBJECT: Approve Polices and Procedures DATE: September 1,2005 INTRODUCTION The Recreational Facility Manager has put together a packet with rental polices and procedures for the Andover Community Center, DISCUSSION The Recreational Facility Manager is recommending that the Council approve the packet of information on polices and procedures for the Community Center. BUDGET IMPACT none ACTION REQUIRED The Andover City Council is requested to approve the polices and procedures packet. Respectfully submitted, ~.-cJ Erick Sutherland 1685 CROSSTOWN BOULEVARD N,W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER,MN.US ROOM RENT AL APPLICATION FORM This application must be filled out completely by an adult (contact person). All youth participating in a rental must have adult supervision at all times. All appropriate fees and deposits must accompany this form prior to the application being approved. Name of Applicant: Application Date: Event Date: Address: Street City State Zip Home Telephone: L--) Business Telephone: L--) Name of Organization (if applicable): Room(s) Requested: Conference Room (Holds 10): 0 Multi-Purpose Room (Holds 25): #10 #20 Event Start Time: Event End Time: Estimated Number of People: Purpose of Facility Use: Upon application approval, the City of Andover shall make available to the holder of this permit the Andover Community Center facilities for use on the date specified, and shall provide custodial services, building supervision, and security services (if required). The City reserves the right to exercise supervisory authority and to prevent unauthorized or illegal activities on City property. The City shall not be responsible for interruption of the use of the described facilities for reasons beyond its control, and reserves the right to cancel this permit for reasons of public safety or convenience. I (we) represent and agree that I (we) have read and understand the information regarding the use of the Andover Community Center facilities, including cancellation procedures, liabilities, and responsibilities assumed, times and curfews, and maximum room capacities. I (we) further understand that this is only an application for use which provides me (us) with no assumed or implied rights for the use until written approval is received. I (we) further understand that fees paid are refundable only in accordance with City policies recited in the Andover Community Center Rental Policy. Specifically, and without limiting the generality of the foregoing, the holder of this permit agrees to save, defend and hold harmless the City for any damages to City personnel, facilities, equipment, or other City property, or to the property and/or person of any third party resulting from the use authorized hereby. The City shall not be liable for death or injury of any such person occurring as a result of the use of the facilities authorized hereby. Signature of Applicant Date Internal Use Only Fee $ Deposil Re/urned $ Deposit $ Date Returned Date Received Andover Community Center. 15200 Hanson Boulevard. Andover, MN 55304 Telephone (763) 767-5166. Fax (763) 755-2893. www,andovercc.org J 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN,US Andover Community Center Rental Policy We are prepared to do whatever it takes to make your event a success. To aid in this and to clearly communicate policy, we ask that the contact person for your event read this contract and abide by it. If you have any questions, please contact us immediately. RENTAL PROCEDURES: 1. A reservation is not guaranteed until a deposit equal to 20% of the rental cost is received. Reservations may be made 18 months in advance of the event. 2. Balance is due no later than fourteen (14) days prior to the event date. 3. One contact person should be designated to oversee all arrangements with the ACC. This person is responsible for making an on-site appointment with the ACC facility coordinator to finalize arrangements no less than three (3) weeks prior to the event. The ACC and its employees are not responsible for any problems that occur with any event that has not had an on-site meeting with ACC staff. 4. The renter may cancel a reservation by giving written notice to the ACC. Ifthe date can be re-booked the 20% deposit will be refunded; if unable to re-book the deposit is forfeited. 5. The facility may not be sublet by the renter. No application may be transferred or re-assigned, 6. The kitchen is off limits to anyone other than the food and beverage provider and ACC employees. 7. Under certain conditions, ACC staff may be forced to cancel a lease agreement prior to the event. Possible reasons for cancellation include, but are not limited to: a declared state of emergency, unsafe environmental or health conditions, or interrupted utility services. In such an event, the renter agrees that the City of Andover shall not have responsibility for anything the renter may suffer or incur due to such a cancellation. The City will attempt to notify the renter as soon as possible if such cancellation occurs. All fees paid to the City by the renter shall be refunded to the renter if the reservation is canceled by the ACC for any of the above reasons. 8, Permit holders may not charge admission for their event unless approved by the ACC manager. SET-UPillECORATIONS: 1. Rental fees include setting up tables, chairs, and PA system by staff the day of the event. 2. Affixing anything to the wall, floor or ceilings or in public areas is not permitted unless prior approval is received from ACC staff. 3. All decorations must be removed from the ACC or put in trash bags following the event. 4. Deliveries may be made after 1 :00 P.M. on the event day unless other arrangements have been made. ,I 5. Confetti, glitter, birdseed, rice and other like items are strictly prohibited. Andover Community Center' 15200 Hanson Boulevard' Andover, MN 55304 Telephone (763) 767-5166' Fax (763) 755-2893' www.andovercc.org LIABILITY /INSURANCE: 1. The renter assumes full responsibility for its group's conduct and for any loss, breakage, or damage to the rooms, equipment or other ACC property. 2. The City of Andover is not liable for any loss, damage, injury, or illness by the users of the facilities in the ACC. Neither Andover nor its employees can he held responsible for any items that are left at the facility by the renter or contracted service provider. The renter using the facilities, equipment, and other items owned by the City further assumes all liability for any personal injuries, including death, caused by participants at the scheduled event. SECURITY/CONDUCT: 1. Smoking is prohibited in all interior and exterior areas of the building. 2. The renter is responsible for supervising the conduct oftheir group. 3. Persons attending events must confine themselves to the rooms and corridors assigned to their use. 4. No alcoholic beverages will be allowed. 5. All City ordinances, State Statutes, Federal laws and established policies of use must be complied with during the authorized use of the ACC. 6. All persons attending any event on the ACC property shall abide by the policies of the Community Center. At their discretion, ACC staff, hislher authorized representative or a security officer may: a. Order the removal of any offender. b. Revoke the permit immediately and order all persons from the premises. / 7. We ask your cooperation in vacating the function rooms at the time designated on your contract as we may have another group scheduled following your event. Andover Community Center' 15200 Hanson Boulevard' Andover, MN 55304 Telephone (763) 767-5166' Fax (763) 755-2893' www.andovercc.org \ CITY OF NDOVE 1685 CRQSSTOWN BOULEVARD N,W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW,CI.ANDOVER.MN,US Prioritization DrUse For Facility Areas Andover Community Center 15200 Hanson Boulevard Andover, MN 55304 Telephone (763) 767-5166. Fax (763) 755-2893. www.andovercc.org Due to the large number of organizations that request the Community Center facilities, it is necessary to establish a reservation priority to ensure that Community Center facilities are made available to best meet community needs. The following list pertains to: Multi-Purpose Rooms, Field House, Ice Arena User Priority I. City activities, programs or services, 2. City sponsored groups or resident non-profit civic organizations that sponsor community-wide public services activities. 3. City sponsored groups, resident groups/organizations, churches, resident civic and non-profit civic organizations who schedule the facility for activities specific to the organization's purpose for operation. 4. Andover school sponsored programs and events. 5. Individual residents for private use. 6. Resident commercial/business use. 7. Other governmental units serving Andover residents. 8. Non-resident civic and non-profit groups and non-resident individuals. 9. All other authorized groups to include non-resident, commercial and profit groups, or governmental units. ICE ARENA / FIELD HOUSE PRIORITY CLASSIFICATION OF USERS An efficient balance of prime-time hours shall be allocated between skating lessons, figure skating, public skating and hockey in the ice arena. Basketball, volleyball, soccer, open gym times in the field house. The following times are considered prime hours. Monday- Friday: 4:30pm- !0:00pm (Sept. I - Oct. I & Mar. 15 - May 31) Monday - Friday: 2:30pm - 10:00pm (October 2 - March 14) Saturday - Sunday 7:00am - !0:00pm (Sept I - May 31) All tournaments and other multi-day events will be charged Prime Rates regardless oftime of day, year, or hour rented. NOTE: Prime time and non-prime time is used during the peak ice period/field house usage. One rate is assigned to off peak or the summer season. Percentages of prime time use allotted to the respective programming. The projected percentages are to be a guide for balancing out the ice arena use in one calendar year of scheduled time considered to be "prime time". , o Public skate/open gym: weekdays, Friday evenings, Sunday afternoons ........................................................ 10% Skating lessons/community ed ...........................................................................................................,............. 10% Youth hockey,basketball,volleyball,soccer, boys & girls................................................................................. 50% High school use, boys & girls...........................................................................................................................25% Other independent users to include resident and non-resident groups will be scheduled depending upon availability of ice/gym time. ..,..................,............................................,.................................. 5% 1 Percentage is dependent upon demand. 2 Each organization is responsible to distribute time fairly with respect to gender. The priority for reservations will be based on the priority classification of users as listed below. The order of priority for scheduling of ice time/ field house to Major User is listed below. (A Major Users is a group/person scheduling over 50 hours per year.) 1. City activities and programs. 2. Andover High School hockey practices and games; upon limits mutually agreed upon. 3. Andover Youth Associations for youth boys and girls based upon limits mutually agreed upon. 4. Other independent organizations conducting clinics, leagues or tournaments. 5. Other associations or organizations requesting 100 or more hours per year. After the above groups have been scheduled respectively, ice time for Minor Users (less than 20 hours per year) will be scheduled on a first-come, first-serve basis. This includes, but is not limited to, public schools and parochial curriculum use. I 1. City sponsored groups or resident non-profit civic organizations thaCsponsor community-wide public service activities. 2. City sponsored groups, resident groups/organizations, resident civic and non-profit civic organizations that schedule the facility for activities specific to the organization. 3. Andover sponsored programs and events. 4. Private use by individual residents. 5. Resident commerciallbusiness use. 6. Individual non-residents, non-resident civic and non-profit groups. 7. All other authorized groups to include non-resident, commercial and profit groups, church or governmental units. c]) J 1685 CROSSTOWN BOULEVARD N.W, . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER,MN,US CC: TO: FROM: Erick Sutherland - Recreational Facility SUBJECT: Approve Proposal- Fee Schedule - Community Center DATE: September 1, 2005 INTRODUCTION The Recreational Facility Manager has updates the fee schedule for the Community Center. Included is the ice arena, field house, seasonal passes and daily passes, DISCUSSION J The Recreational Facility Manager is recommending that the Council approve the fee schedule. All fees have been discussed at Commission meetings and were then brought to the Council workshop for discussion. At this time I wish to have the fees approved. BUDGET IMP ACT Fees will generate revenue to help offset the operations of the Community Center. ACTION REOUIRED The Andover City Council is requested to approve the updated fee schedule. Respectfully submitted, ~W-dZcl Erick Sutherland j FEE SCHEDULE - ANDOVER COMMUNITY CENTER Ice Time - $160 hour - prime $120 hour - non-prime Court Time $35 per hour per court - prime $30 per hour per court - non-prime Walking Program - September - May $25.00 resident $35.00 non-resident Open Gym/Skating - Year Pass $125.00 family $100.00 dual $ 75.00 single + $25.00 non-residents Dailv Fees Walking - $1 resident $2 non-resident Open Gym - $1 student $3 adult $8 family max Open Skating - $3 students $4 adult @ j 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN,US FROM: Lee Brezinka, Assistant Finance Director TO: Mayor and Council Members CC: Jim Dickinson, City Administrator / Finance Director SUBJECT: Accept Donation/Andover Lions/02-27A1Andover/YMCA Community Center Flagpoles DATE: September 6, 2005 INTRODUCTION This item is in regard to approving a resolution accepting a donation made by the Andover Lions for the AndoverNMCA Community Center flagpoles. . j DISCUSSION Andover Lions has made a donation to the Andover/YMCA Community Center in the amount of $1,500 to assist in purchasing two flagpoles. ACTION REQUIRED The City Council is requested to approve the resolution accepting the donation. Respectfully submitted, ~73~ Lee Brezinka Attachments: Resolution / J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ACCEPTING A DONATION MADE TO THE CITY OF ANDOVER TOWARDS THE PURCHASE OF TWO FLAGPOLES FOR THE ANDOVERNMCA COMMUNITY CENTER PROJECT. WHEREAS, any donations that are to be made to the City of Andover must be accepted by the City Council; and WHEREAS, the donation from the Andover Lions of $1,500 is to be used towards the purchase of two flagpoles for the AndoverlYMCA Community Center Project. NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the donation, which is to be used towards the AndoverlYMCA Community Center Project. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 6th day of September 2005, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk @ j 1685 CROSSTOWN BOULEVARD N.W, . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN,US CC: Mayo",,,d City CoundI ~ Jim Dickinson, City Administrator . Vicki V olk, City Clerk TO: FROM: SUBJECT: Consider Approval of Therapeutic Massage Therapist License DATE: September 6, 2005 INTRODUCTION Nicholas Koenig has applied for a Therapeutic Massage Therapist License. DISCUSSION Mr. Koenig intends to work as a therapeutic massage therapist at Dance Fever Studios, 14069 Round Lake Boulevard. The application has been completed, the fee paid and Mr. Koenig has supplied his certificate stating that he has successfully completed 600 hours of instruction. The Sheriffs office has completed a check on Mr. Koenig that came back satisfactory. ACTION REQUIRED Council is requested to consider approval of a Therapeutic Massage Therapist license for Nicholas Koenig for the period September 7,2005 through December 31,2005. Respectfully submitted, ll.L. tJ../b Vicki Volk City Clerk SENT BY:A,C. SHERIFF -- ~- -~~ -_.~~ 1 5 13 20 ; PATROL DIVISION~ 97558923;# 21 4 '" .... ,;. ~-... -l"Im.Jvr-r.: "t1:O.) ',:>::> Wdj ro ANroJER Pl'lTRClL - P. 02,'04 " , / , '. .e85 CROSSTOwN flOULEVA~D N,W" ANOOVER, MINNESOTA '03\14. (763) 755.$100 FAX (763) 756-8923 . WWW_CI.AN130VER.MN,US Therapeutic Massage Therapist License Application PuTI:1Uant to City Code 3-6 the following Wormation must be provided prior to approval: 1, ') .... 3. 4 / Name of ApplicantjJ I CL10LA-- 5 PUs! ~~P- Middh! l~cfN IG WI AppliC21ot's Date of Birth (Jl"lIJ~b.d8)'_.o1d) 12..3/.75 ',"51. :963'05~$ Telephone NUDlbe.r of AppUcant Home Address of AppJi.;ant 1'16tX1 '7b J:: flNGr NW_ ----..&1&pU;; GP-IJ V ~ I M tJ 5~',?1 \ 5. I will be working as a massage therapist at: _ a Residential Hom.~. Provide address &: legal description of home / a Business. Provide address of business J2.41J a:;. f12\I~ '''''h "'> ~DfO>' -:t:+lC. /L/O(,t( Ko""l'lb. /...1'+/<.9 bLLI,:)., . 6, Number of years experience as a massage therapi1it~ 7, Previous employment as a massage therapist (list name, address and position held: , M~OfA-5cw.-.. PM~ -1Ji~ (MaJ,<A- {JAfJ) C~T / , t'A1KUL UIVI:-iIUN.... ~/JJtl~;,:;j;1I' ;j/ 'l Itt' ; ~- 1- J; 1;j:;':U, "~3 """, 5 89"''' TO ANWJER PATROL _ P.03/04 :-it.NT lSY :A, C. _?~__ __' A~ '" '" I I LX'" "'~1JUVt:K 'D ,',> "'"" 8. Description of any crime Or other offense, including the time, place, date, and disposition fox which the applicant has been arrested and convicted: -~ONG: Provide a statement as to whether the applicant has had any license denied, revoked Or suspended in the City of Andover or the State of Minne50m, the reason therefore. and the business activity or occupation of the applicant subsequent to such suspension. revocation or denial. (Atta~h separate sheet) Furnish proof of graduating from a school of therapeutic massage With II core curriculum of at least 500 hours of in-dass, teacller slipervised instruction of which no more than 200 hours shall be clinical training.. ~':<. 5 -,{J S Date .............................. ..............~...................I..' .. .:. '.', ""- Massage Th~pist AppiiCati6n F~:: $~7s.00 Annually , " (includes investigation fee) Receipt II 6, 71 ~~rc;.~.M pprOve Approve Approve Anoka County Sherfff: City Oerk: City Council: L-- _Deny 4 l-tJ.5 Deny Deny @ CITY OF NDOVE 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW,CI.ANDOVER,MN,US TO: Mayor and Councilmembers ~ Jim Dickinson, City Administrato~ J Will Neumeister, Community Development DirectorWcL- Courtney Bednarz, City Plann~ CC: FROM: SUBJECT: Consider Variance/Sideyard Setback for Garage Addition/I 5461 Martin St. NW - Planning DATE: September 6, 2005 INTRODUCTION The applicant is seeking approval of a variance to allow a garage addition on the subject property as shown in the attached plans. ) DISCUSSION The property has a 35 foot side yard setback requirement because it is a comer lot and adjacent lots have driveways on the street side of the subject property. The proposed garage addition would encroach 5.2 feet into the setback area near the front comer ofthe addition. As the attached plans illustrate, the lot widens as the street curves away from the house to the point where the rear comer of the proposed addition would exceed the setback requirement. As with all variances, hardship must be demonstrated to vary from the City Code. The standards used to evaluate hardship are as follows: I. There are circumstances unique to the property that were not created by the landowner. Unique conditions may include the physical characteristics, including topography or water conditions that may exist on the property. 2. The property, if the variance is granted, will not be out of character with other properties in the same neighborhood. 3. The applicant has exhausted all reasonable possibilities for using his/her property, 4. Economic considerations may not constitute an undue hardship if reasonable use of the property exists with application of the minimum standards of this chapter. The applicant has included the attached letter to address the findings. The curve of the street and relationship of adjacent homes is better illustrated on the attached aerial photograph. Planning Commission Recommendation The Planning Commission recommended approval of the proposed variance with a 5-2 vote. The minutes from the meeting are attached. ACTION REOUESTED The Council is asked to review the findings presented and approve or deny the request. Attachments / Resolution --- / Location Map .J Applicant's Letter -:J Aerial Photograph Lot Survey ,/ Garage Details ,j Planning Commission Minutes / Cc: Jay Norgaard 15461 Martin Street NW 2 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION APPROVINGIDENYING A VARIANCE TO REDUCE THE SIDE YARD SETBACK FROM 35 FEET TO 29 FEET FOR PROPERTY LOCATED AT 15461 MARTIN STREET NW LEGALLY DESCRIBED AS: Lot 1, Block 5 Fox Hollow, Anoka County, Minnesota. WHEREAS, the Planning Commission has reviewed the request to vary from City Code 12-3-4 to reduce the side yard setback for the subject property from 35 feet to 29 feet, and; WHEREAS, the applicant has provided the following findings for the Planning Commission to consider: 1. The existing house and two stall garage predate the surrounding development. An irregular lot was created when the surrounding neighborhood was approved. The house sits more than 120 feet back from the front property line yet only 35 feet from the rear property line which limits the area for a garage to be located, 2. There is a substantial curve in the street along the side ofthe property influencing the building setback line and causing the front comer ofthe proposed garage to encroach into the side yard setback. 3. Comer lots have either a 25 foot or 35 foot side yard setback. The 35 foot setback is intended to keep sides of homes and garages on comer lots in line with the front of adjacent homes that face the same street. The substantial curve of the street and the different orientations of the houses eliminate this possibility. 4. The distance from the closest comer of the proposed garage to the curb would be greater than 40 feet. WHEREAS, after review the Planning Commission found that the surrounding property was platted after the home was constructed and the installation of streets apd resulting orientation of lots created the greater setback requirement and significantly reduced the area in which the proposed addition could be constructed. As a result, the Planning Commission determined that the request satisfies the criteria for a hardship and recommended approval ofthe request, and; WHEREAS, City Council has received the recommendation of the Planning Commission, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover approves/denies the proposed variance request to reduce the side yard setback for the subject property from 35 feet to 29 feet. Adopted by the City Council ofthe City of Andover on this _th day of CITY OF ANDOVER ,2005. ATTEST: Michael R. Gamache, Mayor Victoria V olk, City Clerk 3 \ n.. 2114 15532 15450 2120 2060 15318 2048 15261 '" ~ 15263 r--- I 15629 2046 Variance Side Yard Setback 15461 Martin Street NW - '" ~ '" wN-~J Stl1 . ~ J 15400 15355 15309 ..e.,.... Layout Name: LOCATION MAP LAYOlIT Project loaltion: H:\GISDATA\PLANNING\PROJECfS\NEWCASES.APR Date Printed: 08I16{2oo5 - 02:41:12 PM -I- N w4-' ~NDbVE~ proj ect Location Map , JAY AND DEB NORGAARD 15461 Martin Street NW Andover, MN 55304 July 28, 2005 City of Andover 1685 Crosstown Boulevard NW Andover, MN 55304 RE: Garage Addition , To Whom It May Concern: The following is a summary for our variance request: We live in Fox Hollow where we purchased an existing home in a new development. We currently have a two car garage and would like to add an additional attached two car garage to accommodate our six teenagers and their vehicles, The South side of our lot has a 35' setback easement because it is a corner lot. Due to the curve of the street the garage addition would only encroach the setback easement a couple of feet on the Southwest corner of the garage (the front). Because of the way the land was subdivided around our home, we believe the garage addition would look much nicer than trying to stuff something in the back yard right outside of the neighbors bedroom window. We appreciate your consideration to this matter. =elY'Ml &Jyf~ Deb Norgaard - , , J - 5"- CERTIFICATE OF SURVEY for JAY NORGAARD 10 ~~ 1 ' I " , ' I " ?'r ,1 , >: 511 ~ 5," ..., .. I ~~l l'< < I :g t-J Vj I I 1. I I I J I , I r , , I I ~ J ..; I g:. I 1 1 I .1 I I I I l"1 ~ I ~ I ., I lJj I I I I I-__-'!...~~."-___.J 1 \. I .1 -..L__ I I / -------------1-/ ~ 2 l q"~ ~ 21;,,~:J.,'? S0779',7"W 76.42 ~ IJ- :.1>0 / ,.. :~) ". , , " " o L .~ ~..' d ui ..J .. <J1 "'i " ;: ...... :z: .. Sca/8: I. = JO' IlI'3 X', 2005 . o.not.". 'jrOfl pfpa monJJme'lt fOlJnd.. mrlt.IId -RLS 1094''', ]he Mtt/ltal/on (J( th~ 880rfng SystMn ~~~i:. upoa the roconkd pJot of FOX A DdnGtos Iron Sp/1c. 58t .. ,~ B L 0 c F V E / / ~ 1 , / / / / / I I f--- I ~~ f ~ f$ Jt .... .. MY lilt MARTIN STREET N. Jr. Iil~ ~ ::l' Lot I, Black: 6, FOX HOLLO", -oka County, .MID.ne:Jota.. - - - I ".-byC*"tJfy~..t W. .-J"")l pkin orrllpDrl ....pr'!1P.-.dbytrM orlltld.r myd1\"Kt ~."d l/IC1t I """ II duly u.:.n_ L.and 5\ln9p llf/W th. I~ .f tho Shrt. of Ji/~"""a. ...... '" " o co I a I 2 ~\\\MlDWEST ~ Land Surveyors .& Civil Engmeers, Inc. no ~a.t RI..- Rood Anoka, MrJ. 55JOJ Ph. 76J-7f2-9099 Fox: 753-nZ-9055 Job No. 05-29~ 800k-POg.t ....f2ff..- ACQd f71e 05-29~ @~ _ Mldwut (.aid SUnDjoOn ... eM ~ '"' - .u Rf;h!. R...,...w. [)Qr_lllr. ~th ~yo' ,Mv . ~ Bl ~,~ ~._._._-- R~~trvf{.oA No.~ Silk. ~ ~ - MiMuoh. L!om-d Lald ~P' -7- / ';,.. tl~ - -:., '" -" ...> .. I .. "' " '" ~ " ~ "'"" .6-.L 'lH'lSI ;J H?lVW ZIA? 1II:lN . A J ~ ~:=:=:=:=:==:=:= I-------~ &\ ~I ~I >:1 ~I -------{j ~ -' ~ , 11 " '" II " L_ ___U ;= ---11 II '" " II '-- __JJ lU ~ ~ -------- ------1'!'i' 'lSIX;J ;J^"W;Jl -==- , , o ......g- <: .a-It' 1I0.,0E: .9~ltl .a-It '~IL .llt 'lS~;J H?lVW tZlA? 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'< -;;/ ~ rL~ ~ '" \LI E3 ILl 0 -' . ~lii \- ~ ",,,, ~ ..ILl L. ~ G rL ILl ;;/ \L ~ DDDD DDDD b DDDD 0 DDDD ~DDDD ;DDDD ILlDDDD DODD DODD :z DODD G - DODD \- <( DODD > \LI -.J UJj> rL~ <(:: UJILl rL~ ;-','1 .";< ~p L?'1 LH9IHWO? .. ;; "S'n 3HL dO NOIL'1101 ^ '1 SI oJNI S3:WOH GtIVVDtION 0 .. ~ N'1ld 3HL dO 3Sn Q3Z1 <lOHLn'1Nn .0 z ..... ;<0:: , '?11 N91S30 ~ 9NINN'11d ddO <;OOZ @ ILl, "",.. ~ J ( -"'1- Cio n , ;' NNING AND ZONING COMMISSION MEETING -AUGUST 23,2005 The Regular '-Monthly Meeting of the Andover Planning and Zoning Commission was called to order b hairperson Daninger on August 23, 2005, 7:00 p.m., at the Andover City Hall, 1685 Cros wn Boulevard NW, Andover, Minnesota. August 9, 2005 hairperson Daninger, Commissioners Tim Kirchoff, Rex Gl nwald, Dean Vatne, Jonathan Jasper, Michael Casey and rie Holthus. Commissioners present: Commissioners absent: Also present: City Planner, Courtn Others '\ APPROVAL OF MINUTES. Motion by Kirchoff, seconded by Casey, to approve the minutes as presented. carried on a 7-ayes, O-nays, O-absent vote. . VARIANCE (05-04) FOR SIDE YARD SETBACK FOR GARAGEADDITlON LOCATED AT 15461 MARTIN STREET NW, Mr. Bednarz noted the applicant is seeking approval of a variance to allow a garage addition on the subject property as shown in the plans. Mr. Bednarz discussed the information with the Commission. Commissioner Greenwald wondered how old the house was. Mr. Bednarz was not sure. Commissioner Greenwald wondered if there was a thirty-five foot sideyard setback when the house was originally built. Mr. Bednarz stated it was not, originally it was a ten foot side yard setback and the road was put in to allow additional lots to be platted and the applicant purchased the home after the fact. They did not own the home when the 1 -/0- Regular Andover Planning Gnd Zoning Commission Meeting Minutes - August 23, 2005 Page 2 development went in. The home was built when there was a substantial amount of land around it. Commissioner Kirchoff wondered if the applicant looked at moving the garage back to meet the setback. Mr. Bednarz stated they talked to the applicant at length regarding this and the proposed addition is setback a little bit to try and reduce the amount that would be in the setback. Mr. Jay Norgaard, 15461 Martin Street NW, indicated he was at the meeting to answer questions. Commissioner Holthus wondered what would happen to the large oak tree next to the house. Mr. Norgaard stated it would have to be taken out. Mr. Norgaard stated they did look at moving the garage back but they have a deck and patio door off ofthe back which would create a V-shaped tunnel. He stated the house was built in 1988. Commissioner Jasper wondered if the business was run from the home. Mr. Norgaard stated it was not and he has his own business elsewhere. Mr. Norgaard stated they would like to have more room to park their cars and allow their boat to be stored inside. Commissioner Kirchoff wondered if the curve of the street brought this out of character for a hardship. Chairperson Daninger stated they could consider that. MotiOIl by Greenwald, seconded by Holthus, to recommend to the City Council approval of Resolution No. _, to approve the variance for a side yard setback for a garage addition located at 15461 Martin Street NW because the street added after the fact created circumstances unique to this property that were not created by the landowner, Commissioner Vatne stated he was not going to go along with the hardship because he did not see it was necessarily a hardship at the time and did not fully meet it. He thought there maybe some other alternatives in the setup of the garage that could be examined, He did not see a clear hardship. Commissioner Jasper concurred. Motion carried on a 5-ayes, 2-nays (Jasper, Vatne), O-absent vote. Mr. Bednarz stated that this item would be before the Council at the September 6, 2005 City Council meeting. -1/- @) , / 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW,CI.ANDOVER,MN.US CC: Mayor and Councilmembers CJ Jim Dickinson, City Administrator'\ . ,/ Will Neumeister, Community Development Director ft,KI-. TO: FROM: Courtney Bednarz, City Planne~ SUBJECT: Consider Preliminary Plat/Amend PUD/Grey Oaks 2nd Addition - Planning DATE: September 6, 2005 INTRODUCTION The applicant proposes to subdivide the 1.42 acre subject property (see location map) into four residential lots and to change the former Grey Oaks Planned Unit Development standards to match the R-4, Single Family Urban Residential standards. An attachment shows the portion of the previously approved preliminary plat for this site. DISCUSSION Conformance with Local Plans The property is within the Municipal Urban Service Area and has access to municipal water and sewer. The property is zoned M-2 Multiple Dwelling as is the rest of the Grey Oaks development. The proposed plat would amend the approved Grey Oaks Planned Unit Development for the subject property to match the typical R-4 lot standards as follows Standard Prooosed Plat Minimum Lot area 11,400 square feet Minimum Lot Width 80 feet Minimum Lot Deoth 130 feet Front Yard Setback 35 feet Side Yard Setback 10 feet (6 feet for garage) Rear Yard Setback 30 feet Access Access to the lots will be provided from 155th Lane NW and Hummingbird Street NW. Both are local streets. All driveways will be located a safe distance from the intersection of these two streets. Staff discussed with the Planning Commission the possibility of limiting Lot 3 to a single driveway access given the orientation and multiple frontage of this lot. The Planning Commission did not choose to include this limitation in their recommendation. Easements There is an existing ten foot wide drainage and utility easement around the perimeter of the property. The typical five foot wide side yard and ten foot wide front and rear yard drainage and utility easements will be provided on each lot. Lots All of the lots meet the minimum lot width, depth and area requirements of the R-4 Zoning District. However, Lot 1 is an odd lot due to the way 15Sth Lane curves down to the rear property lines of the adjacent residential neighborhood. As a result, a side property line will be adjacent to the rear yards of the existing homes. Rear yard setbacks are typically 30 feet. This side yard setback will be ten feet. Park Dedication Park dedication and trail fees were satisfied at the time Grey Oaks was platted. Tree Protection Plan The tree protection plan shows that trees will be saved at the northeast comer of the property and a small area along the southwest property line. The plan also shows an area of trees along the south line of proposed Lot 4 that will need to be removed to allow sewer to be extended to proposed Lots 1-3. Natural Gas Pipeline A Natural Gas Pipeline crosses the property as shown on the attached plans. Northern Natural Gas was provided a copy of the proposal and responded with no concerns as long as all construction activity takes place outside of the pipeline easement as shown on the plans. Northern Natural Gas will be involved to provide locations prior to construction. Coordination with other Agencies The developer and/or owner is responsible to obtain all necessary permits (Minnesota Department of Natural Resources, U.S. Army Corp of Engineers, Coon Creek Watershed District, Minnesota Pollution Control Agency, LGU, and any other agency that may have an interest in the site). Initial contact shall be made with the City Engineering Department regarding this item. The developer is also required to meet all other applicable ordinances, including: . City Code Title 11, Subdivision Regulations . City Code Title 12, Zoning Regulations . City Code Title 13, Planning and Development . City Code Title 14, Flood Control Planning Commission Recommendation The Planning Commission discussed the trees that would be removed to allow sanitary sewer to be provided to the new lots and considered adding a condition of approval to require the developer to replace tress to reestablish a buffer between the proposed lots and the existing Fox Hollow neighborhood to the south. This condition was not included in the recommendation of the Planning Commission. The Commission recommended approval of the proposed plat with a 6-1 vote. The minutes from the meeting are attached. 2 Attachments j Resolution I Location Map Preliminary Plat (11x17 in packet) J Portion of Previously Approved Preliminary Plat Planning Commission Minutes / ACTION REQUESTED The Council is asked to approve the proposed Preliminary Plat and amended planned unit development for Grey Oaks 2nd Addition subject to the conditions ofthe attached resolution. Cc: Grey Oaks, Inc. 15550 Linnet Street NW #102 j 3 CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO R -02 A RESOLUTION APPROVING THE PRELIMINARY PLAT AND AMENDED PLANNED UNIT DEVELOPMENT OF "GREY OAKS 2ND ADDITION" FOR ASHFORD DEVELOPMENT ON PROPERTY LOCATED IN SECTION 22, TOWNSHIP 32 RANGE 24 LEGALLY DESCRIBED AS: Lot 1, Block 2, Grey Oaks, Anoka County, Minnesota. WHEREAS, the Andover Review Committee has reviewed the preliminary plat and proposed amendment to the Grey Oaks Planned Unit Development; and WHEREAS, pursuant to published and mailed notice thereof, the Planning Commission has conducted a public hearing on said plat, and; WHEREAS, as a result of such public hearing, the Planning Commission recommends to the City Council the approval of the plat, and; ; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning Commission and approves the preliminary plat and amended planned unit development subject to the following conditions: 1. The Preliminary Plat shall conform to the plans revised August 16, 2005 and stamped received by the City of Andover August 18,2005. 2. The amended planned unit development shall conform to the standards of Exhibit A. 3, The developer obtains all necessary permits from the Coon Creek Watershed District, DNR, Corps of Engineers, LGU, MPCA, Anoka County Highway Department and any other agency that may be interested in the site. 4. The developer shall be responsible for the cost of construction of all improvements proposed as a part of the preliminary plat. 5. Contingent upon staff review and approval for compliance with City ordinances, policies and guidelines, 6. Such plat approval is contingent upon a development agreement acceptable to the City Attorney. A financial guarantee will be required as a part of this agreement to assure all of the subdivision improvements will be completed. Adopted by the City Council of the City of Andover this day of ,2005, CITY OF ANDOVER ATTEST: Victoria V olk, City Clerk Michael R. Gamache, Mayor 4 Exhibit A Grey Oaks 2nd Addition Preliminary Plat Resolution Amended Planned Unit Development The following standards shall apply to Grey Oaks 2nd Addition: Standard Proposed Plat Minimum Lot area 11,400 square feet Minimum Lot Width 80 feet Minimum Lot Depth 130 feet Front Yard Setback 35 feet Side Yard Setback 10 feet (6 feet for garage) Rear Yard Setback 30 feet 5 I- en w 0 -l ~ <( C> LD D 0 Z ~ ;I Z D i= 0 I en C> z <( Z I Preliminary Plat Amended Planned Unit Development Grey Oaks 2nd Addition 1781 1781 N I:: -------- N W~, ~NDbVE~ Project Location Map Layout Name: LOCATION MAP LAYOUT Project Location: H:\GISDATA\PlANNING\PROJECTS\NEWCASES.APR Date Ptinted: 08/18/2005 - 08:29:44 AM I m~ ~57THt ,.... 15355 -, - ~ o .", "l..> .", "'t3 "'t3 ~ ~. o t) Cll .V) CIl ~ t3 a "l..> t3 ~ ~. t3 ~ ~ 0 .", ~ ,'" ....., Cll d:; ~ ~ J " ZI " t .. "l..> ~ Cll ~ R, o ....., Cll ~ Cll ~~ .~ .g, ..c: CIl ~ ! , i Ii ! P I I !i III J illl Ill! Iii: I f ! }I t . I J i i d II II i . 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I. , - Regular Andover Planning and Zoning Commission Meeting Minutes - August 23, 2005 Page 3 / b> PUBLIC HEARING: PRELIMINARY PLAT OF GREY OAKS J!VD ADDITION AMENDING GREY OAKS PLANNED UNIT DEVELOPMENT LOCATED ON LOT 1, BLOCK 2, GREY OAKS, ANOKA COUNTY, MINNESOTA. Mr. Bednarz explained the applicant proposed to subdivide the 1.42 acre subject property into four residential lots and to change the former Grey Oaks Planned Unit Development standards for this property to match the R-4, Single Family Urban Residential standards. Mr. Bednarz discussed the staff rcport with the Commission. Commissioner Kirchoff stated in the staff report it indicates it is appropriate to limit lot three to one driveway access, Mr. Bednarz stated lot three has frontage on two roads and the house will be set up to face 155\h Lane. He thought the Commission may want to discuss prohibiting access on Hummingbird Street. Commissioner Holthus stated currently there is an approach on Hummingbird and she wondered if it went to lot three or lot four. Mr. Bednarz stated the existing apron will be eliminated and the curb line will be extended and connected to remove that if the proposal was approved, ' \ J Commissioner Holthus stated there is another one on lot two. Mr. Bednarz stated this one would also be removed. Commissioner Vatne wondered i r the area north and east of the easement large enough to put a pad in. Mr. Bednarz stated a house pad would not fit but a small detached garage could fit. Commissioner Vatne asked if the trees would be replaced that needed to be pulled out because the sewer line that would need to go in. Mr. Bednarz stated the applicant could better respond to this question, Chairperson Daninger wondered if the installation of the sewer will have an affect on the houses that currently exist to the south or will there be an easement they will be crossing. Mr. Bednarz stated silt fence \\ould be established along the south property line to prevent construction activity on lots to the south. Commissioner Greenwald wondered what kind of trees are on the site. A resident indicated they were mature white and red oak trees that were living. Commissioner Greenwald wondered how deep the gas line was. Mr. Bednarz indicated he did not know. / Commissioner Vatne stated on one of the slides presented, there was a tree protection area marked. He asked for more information on that. Mr. Bednarz stated the greenlblue lines highlight the existing trel: stands as they exist now. -/z- Regular Andover Planning ({nd 70ning Commission Meeting Minutes - August 23, 2005 Page 4 The Commission discussed tree save areas on the property. Chairperson Daninger wondered why the sewer would have to go in the spot indicated. Mr, Bednarz stated that the sewer is located under Hummingbird Street and no sewer line exists along 155111 Avenue, Commissioner Jasper wondered i I' these will be four single family homes. Mr. Bednarz stated that was correct. Motion by Greenwald, seconded by Vatne, to open the public hearing at 7:30 p,m. Motion carried on a 7-ayes, O-nays, O-absent vote. Mr. Richard Ron, 1713 155111 ^ venue, stated he was concerned about the trees that will need to be removed because 01' how it may affect the trees in his yard. He understood there will also be a utility box but has not heard anything about it. Mr. Bednarz stated the utility company will install a utility box close to the street similar to boxes in other neighborhoods, / Motion by Vatne, seconded by Casey, to close the public hearing at 7:33 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote. The applicant stated the intent is to have the four lots built out with the standards they have in Grey Oaks, They are looking at turning the garage toward the street as a possibility. He stated a number of these that have been built are with greater square footages and in some cases; they are finishing the walkout levels as well. The color of the brick will be the same color ~IS Grey Oaks, It is their intent to conform these to the rest of Grey Oaks Development. The applicant stated the substantial trees are right at the property line and in order to have that lot approved in the original Grey Oaks, they had to grade to allow for drainage. He stated there are some trees there but the substantial amounts of trees are at the tree line. He stated they are planning on trying to save as many trees as possible. Part of the problem with the sewer at Grey Oaks is it is being served by two different services, Commissioner Kirchoff wondered how far the sewer line was from the south property line. The Applicant believed it was thirty five feet to match up with an existing sewer line (It was later clarified that the sewer would be ten feet north of the south property line), Commissioner Vatne wondered if the area where the sewer line will go has already been cleared. The applicant indicated that was correct. -f3- Regular Andover Planning and Zoning Commission Meeting Minutes - August 23, 2005 Page 5 Commissioner Greenwald wondered if the PUD for Grey Oaks second addition was multiple dwelling. He stated they will not match the rest of Grey Oaks second addition; they will be matching Fox Hollow. Commissioner Jasper thought architecturally, it would match Grey Oaks. Mr. Bednarz stated there are actually a number of different design units in Grey Oaks some of which are detached single family. The proposal is to match the single family style of the variety of styles that are in the development now. Commissioner Greenwald stated the original PUD on Grey Oaks second addition was M- 2. Mr. Bednarz stated this was correct. Commissioner Greenwald stated of the entire site, this is the only site that they are going to amend to R-4. Mr. Bednarz stated technically they are not proposing to rezone the property because of the density that is on the overall site, the M-2 zoning is needed, but what they are proposing to do is to establish specific PUD standards for this property that match the R-4 standards. Commissioner Vatne thought there will be a fair number of trees that will need to be cleared out. The applicant stated the bulk of the trees will be on the property line or right inside of it. The Commission discussed with the applicant the potential for the sewer to be moved to save trees. Commissioner Holthus wondered if the applicant ever considered three sites for this area instead of four. The applicant stated regardless of the plan, with the manhole where it is, the sewer will need to go in the area it is shown, Commissioner Holthus thought with three sites, the trees would not be compromised because the sewer could be brought further up in lot four to avoid the trees. Commissioner Jasper wondered if this is approved then does the amendment to the PUD automatic or is there another step that needs to come through, Mr. Bednarz stated that would be approved with the same resolution as the plat. Commissioner Jasper asked if Exhibit A in the staff report the old PUD. Mr. Bednarz stated Exhibit A is the table that represents the R-4 Standards, Commissioner Vatne stated he applauded the applicant for bringing the detailed tree plan forward because this has been a topic of discussion on other developments. He thought this proposal generally speaking is a win for the neighborhood and he thought it will turn out nice. He did have concerns though for surrounding property owners with going through and trenching the sewer through and he thought it will change the look and feel of the backyards that are there and it is for that reason that he brought up a recommendation that in addition to the convenient tree save areas which are identified, it makes sense to replace some trees along the sewer line area itself. He thought a reasonable replacement process makes sense here to try to reestablish as much as possible some of the buffer that was then: prior to the development taking place. He thought for -/~- Regular Andover Planning and Zoning Commission Meeting Minutes - August 23, 2005 Page 6 / that reason the tree save area should be extended along the southern border oflot 4 and adjacent to the sewer line, Commissioner Greenwald wondcred if Commissioner Vatne was going to tie this to the resolution or isjust being stated, Commissioner Vatne stated that would be the only recommendation he would have outside of the proposal itself. Commissioner Greenwald stated if this is part of the motion, he did not agree with it. Mr. Bednarz stated from a staff perspective, if it would nced to be a condition of approval to be binding. Motion by Kirchoff, seconded by Jasper, to recommend approval of the Preliminary Plat for Grey Oaks 2nd Addition subject to the conditions of the attached resolution. Commissioner Vatne stated he was adverse to that without a formal recommendation being noted in the resolution to modify the tree protection plan. Commissioner Jasper thought this was a great plan and meets what the residents wanted which was not for that to be a commercial heavy traffic area, He thought the applicant came forward with a more significant area of tree protection than perhaps anyone he has seen since he has been on the Commission, He noted that they cannot assume that there are fifty year old oaks sixteen feet off of the property line, just because it shows a tree line there, Chairperson Daninger concurred. Motion carried on a 7 -ayes, I-nays (V atne), a-absent vote. Mr, Bednarz stated that this item would be before the Council at the September 6, 2005 City Council meeting, PUB HEARING: COMPREHENSIVE PLAN AMENDMENT (05-01) TO REMO~ E WORDS LIGIIT INDUSTRIAL FROM THE DEFINITION OF THE TRANSITION. Oll.fMER CIA L/LIGHT INDUSTRIAL LAND USE DISTRICT. Mr. Bednarz stated at the nci I' s request, the Planning Commission discussed the Transitional Commercial/Light ustrial District to determine whether this designation was appropriate or whether it create tential for inappropriate land uses. This designation affects four sites in Andover. Commissioner Greenwald stated the last time they ussed this, they asked for definitions. He wondercd what light industrial meant. ,ednarz explained to the Commission examples of businesses that would be considere . ht industrial. Commissioner Greenwald wondered if commercial would be considere ail, office warehouses, and gases, He wondered where funeral homes would be. Mr. Be arz stated funeral homes would be considered if they could be rezoned to either genera business or light industrial, which they are proposing to eliminate. j -i5- @9 ; TO: 1685 CROSSTOWN BOULEVARD N,W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW,CI.ANDOVER,MN.US Mayor and Councilmembers ~O Jim Dickinson, City Administrato~ Will Neumeister, Community Development Director ~ CC: FROM: Courtney Bednarz, City Plann~ SUBJECT: Consider Comprehensive Plan AmendmentlRevise Transitional Commercial/Industrial - Planning. DATE: September 6, 2005 INTRODUCTION This report is intended to summarize the discussions of the Planning Commission concerning the Transitional Commercial/Light Industrial Land Use District requested by the Council. This designation affects four sites in Andover as illustrated in the attached maps. The present definition of this district is as follows: ) Transitional CommerciaIlLight Industrial (TC) Areas designated as TC, Transitional Commercial/Light Industrial are currently designated as residential in the Zoning Ordinance, but may potentially become commercial because of their proximity to existing commercial development or location along a major thoroughfare. Property designated as TC may develop as either residential or commercial under the rules of the Zoning Ordinance and Land Use Guide Plan. (Definition from Comprehensive Plan) DISCUSSION The Planning Commission discussed the Transitional Commercial/Light Industrial District to determine whether this designation was appropriate or whether it created potential for inappropriate land uses. At this work session, the Planning Commission suggested that industrial uses should be removed from the definition. As a result, a public hearing was held on August 23'd to consider this amendment to the City's Comprehensive Plan. The Planning Commission discussion on August 23rd included review of the Council approvals necessary for development to occur. A rezoning would be necessary for any type of commercial development to occur. Removing this land use designation from any of the four sites was not favored. Removing the word industrial from the definition was discussed at length, but ultimately the Planning Commission recommended no changes to the existing definition with a 6-1 vote. The minutes from the meetings are attached. \ Attachments Resolution V August 9th Work Session Report ./ Planning Commission Minutes ./ ACTION REOUESTED This information is provided at the Council's request. Two options are suggested: 1. Make no changes. 2, Remove the term light, industrial from the definition of the Transitional Commercial/Light Industrial Land Use District as represented in the attached resolution. Cc: edn Charles man 13646 Crooked Lake Boulevard Sterling Homes, Inc. 18593 Vane Ct NW Elk River, MN 55330 Dean and Juliann Hunter 5043 Tuxedo I31vd, Mound, MN 55364 Stan and Judith Carlson 680 Constance Boulevard NW Grace Lutheran Church 13655 Round Lake Boulevard Douglas Meister 541 Andover Boulevard \ \, I 2 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R A RESOLUTION AMENDING THE COMPREHENSIVE LAND USE PLAN OF THE CITY OF ANDOVER TO REMOVE THE WORDS LIGHT INDUSTRIAL FROM THE TRANSITIONAL COMMERCIAL/LIGHT INDUSTRIAL LAND USE DISTRICT WHEREAS, the City Council has asked the Planning Commission to evaluate the Transitional Commercial/Light Industrial land use designation of the Comprehensive Plan, and; WHEREAS, the Planning Commission has reviewed the Transitional Commercial/Light Industrial Land Use District and held a public hearing pursuant to state statutes, and; WHEREAS, the Planning and Commission recommends to the City Council that no change to the Transitional Commercial/Light Industrial land use designation be made at this time, and; WHEREAS, the City Council has received the recommendation of the Planning Commission, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has reviewed the recommendation of the Planning Commission and adopts the following amendment to the Comprehensive Plan, subject to review by the Metropolitan Council: 1. Remove the words 'Light Industrial' from the Transitional Commercial/Light Industrial Land Use District. 2. Subject to review and approval by the Metropolitan Council. Adopted by the City Council of the City of Andover on this _ day of ,2005. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Victoria V olk, City Clerk / 3 TO: FROM: SUBJECT: DATE: 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER. MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW,CI.ANDOVER,MN,US Planning and Zoning Commiss~ers Courtney Bednarz, City Plann~ , Work Session: Transitional Commercial/Industrial Land Use District Study August 9, 2005 INTRODUCTION The Council has asked the Planning Commission to conduct a study of this land use district to determine whether changes to the Land Use Map are warranted. One ofthe concerns expressed by the Council is the broad definition ofthis district and the potential for incompatible land uses, The purpose ofthis staff report is to determine if this land use district needs to be revised or removed from the Comprehensive Plan. Information is also included on each of the four sites that carry this designation. Transitional Commercial/Light Industrial (TC) Areas designated as TC, Transitional Commercial/Light Industrial are currently designated as residential in the Zoning Ordinance, but may potentially become commercial because of their proximity to existing commercial development or location along a major thoroughfare. Property designated as TC may develop as either residential or commercial under the rules of the Zoning Ordinance and Land Use Guide Plan. (Definition from Comprehensive Plan) DISCUSSION The location criteria from the definition above could be applied to a vast number of properties and a Comprehensive Plan Amendment to change an existing designation to TC could be applied for accordingly. Once designated, there are no limitations to rezoning requests that may follow. As a result, virtually any commercial or industrial use could seek approvals from the City. While there is merit to preserving appropriate locations for future commercial sites, any such provision must be limited to prevent their premature development and the adverse effects on surrounding properties and other developing commercial areas in the City. At a minimum, staffrecommends that any reference to industrial be removed from the definition, Another option would be to replace the current definition with the one that resembles what is shown below. A third option would be to remove this land use designation from the Comprehensive Plan altogether and re-designate the affected sites. , Transitional Residential/Commercial (TRC): This district is located only within the municipal urban service area (MUSA) and shall only be applied to sites adjacent to one or more arterial roadways that are adjacent to an existing commercial site or are a minimum of one mile distant from existing commercial sites. Rezoning to non residential land uses shall be limited to the Limited Business (LB) or Neighborhood Business (NB) Zoning Districts and shall also comply with the following: 1. The proposed commercial development has specified land uses and is not speculative strip development. 2. The applicant can demonstrate that there is sufficient market demand for the proposed land use(s). 3. An overall plan for the proposed commercial development demonstrates that the site can be adequately buffered from surrounding land uses, J -f- J 4. The proposed commercial development can meet all applicable sections of the City Code. 5. The Council finds that the proposed increase of commercially zoned land will not adversely affect existing commercial development in the City. Site Analysis There are presently four locations in the City guided for Transitional Commercial/Light Industrial Land Use. Analysis of each location and options for each are provided in this report. Also attached is a portion ofthe Land Use Chapter of the Comprehensive Plan containing the goals and policies that are intended to guide land use decisions. It is also important for the Planning Commission to consider the existing development pattern within Andover as illustrated on the attached Land Use Map. AREA 1: Southeast Corner Crosstown Boulevard & Constance Boulevard AREA 1: SOUTHEAST CORNER OF CONSTANCE BOULEVARD AND CROSSTOWN BOULEVARD L''( . - - ~ - . - - #;;r:1 ,,~. . - . . - f.-- //. I, , \ ' 'f\'\ . - - - - '- .w - I ---;;-- I - V' I - - I - E ~ . - I --w - I l - I- ~ I . , - I . r- . . ., . . " I I, I-- . I~ 1-1 r:' JI c- . ;;r. ~I ':;'- ~-~ ' = ~ .,L' - 111- - - ~~ ~ ~ -: ~ ' -- . _ .... f _ ~ . .- I~~' " -r-, , '- -,.' - '~. - I--~ I , , . I - - I-- il -nm~ ? - , I I ~~... \ti"'lij t-:- - ~ , - . I ~ _ ~~~ - '1.'11 , , - . . . \" i--'~_ - i. ,~. ~ '" '" .. , J . - . , ~.- ~~' /. , . . "T. - ....bY" ~~ "" ~ -; '- ~ . . ~ - d ~'~~. , , , f.::fjjfi '-- ~:~ ~ ~~'; .i?~"'~ ~ . . - ~~l;< , - ~ _ Hio[II' \:.. - . I. .11/11'111'... . ) ~ ~'I.\. - . ~'jl - . !':<'W ' ..../. /. \ . ! - I , . I - 1'.,(2020 MUSA Boundary " ~E -5:- DATA / Southeast Corner Crosstown Blvd & Constance Blvd If. Properties 2 Size 9,25 acres Width 630 feet Depth 640 feet Zoning R-1 Adjacent Development North Rural Residential (outside MUSA), Church East Transitional Residential (inside MUSA) South Urban Residential West Urban Residential, Church ANALYSIS The site lies within the MUSA Boundary although municipal sewer and water service will not be available until Miller's Woods is completed. The latest sewer study forecasts that capacity will be limited to 2.45 units per acre (or 23 units for the 9.25 acres). This will limit the potential for some types of commercial development. I The surrounding neighborhood will continue to develop although land to the north is outside the MUSA Boundary and will remain rural. Land to the south and ten acres to the east will develop at an urban residential density with land in the 2005-2020 sewer staging areas. The site is located at the intersection of two county roads. Crosstown Boulevard is designated a "B" Minor Arterial and Constance Boulevard is designated a Collector Street in the City's Transportation Plan, 161 st Avenue to the west is designated a "B" Minor Arterial in the City's Transportation Plan. The existing and projected traffic counts from the City's Transportation Plan indicate daily traffic will be greater at each of the other commercial sites in the City, with the exception ofthe gas/convenience store at the comer of 7th Avenue and Valley Drive. Changes in access to county roads will need to be permitted by the Anoka County Highway Department. County spacing guidelines indicate a full movement access would need to be spaced Y2 mile from the intersection of Crosstown Boulevard and Constance Boulevard. A commercial development would not be successful at this location at the present time. There is a significant amount of approved retail space within the Hanson Commons and Andover Clocktower Commons developments that remains to be filled. The site is approximately 1.14 miles from Andover Clocktower Commons. There are also vacant commercial pads with access to Hanson Boulevard in the Grey Oaks development. , / OPTIONS Staff offers the following options to consider: OPTION 1: Make no change at this time, -t - OPTION 2: Change the land use designation to Transitional ResidentiaV Commercial as described earlier in this report, OPTION 3: Change the Land Use designation to Transitional Residential to match the surrounding undeveloped property, Retain the existing R-1 Zoning until municipal sewer and water arrives and urban residential development is proposed. Entertain any proposed commercial component at that time as a part of an overall development proposal for the surrounding 18.5 acre parcel. AREA 2: Northwest Corner Andover Boulevard & Prairie Road AREA2: NORTHWEST CORNER OF ANDOVER BOULEVARD AND PRAIRIE ROAD / , './2020 MUSA Boundary N ~E "' -7- DATA Northwest Corner of Andover Blvd & Prairie Road # Properties 1 Size 4.13 acres Width 400 feet Depth 450 feet Zoning R-1 Adjacent Development North Transitional Residential (inside MUSA) East Transitional Residential (inside MUSA) South Transitional Residential (inside MUSA) West Transitional Residential (inside MUSA) ANALYSIS The site lies within the MUSA Boundary, although municipal sewer and water service will not be available until development to the south and east occurs, Sewer trunk capacity is limited to 2.45 units per acre (or 10 units for the 4.13 acres) based on the latest sewer study. This will limit the potential for some types of commercial development. / The surrounding neighborhood will continue to develop although land to the north will continue to be rural or will not be developed for up to ten years or more according to the Sewer Staging Plan, The site is located at the intersection of a county road and a city street. Andover Boulevard is designated a "B" Minor Arterial and Prairie Road is designated a Collector Street in the City's Transportation Plan. The existing and projected traffic counts from the City's Transportation Plan indicate daily traffic will be greater at each ofthe other commercial sites in the City again with the exception of the gas/convenience store at the comer of 7th Avenue and Valley Drive. Staff does not believe that a commercial development would be successful at this location at the present time. There is a significant amount of approved retail space within the Hanson Commons and Andover Clocktower Commons developments that remains to be filled. There are also vacant commercial pads with access to Hanson Boulevard in the Grey Oaks development. The site is less than 1.5 miles from either the Andover Clocktower Commons/Hanson Commons and Andover Station developments. OPTIONS Staff offers the following options to consider: OPTION 1: Make no change at this time. -r- OPTION 2: Change the land use designation to Transitional Residential! Commercial as described earlier in this report. OPTION 3: Change the Land Use designation to Transitional Residential to match the surrounding undeveloped property. Retain the existing R-I Zoning until municipal sewer and water arrives and urban residential development is proposed. AREA 3: Southwest Corner Bunker Lake Boulevard & Crooked Lake Boulevard AREA3: SOUTHWEST CORNER OF BUNKER LAKE BOULEVARD AND CROOKED LAKE BOULEVARD j ~1!1)~itl:1 - I - , './2020 MUS" Boundary ~E -,7- DATA Southwest Corner of Bunker Lake Blvd & Crooked Lake Blvd If. Properties 3 Size 3.3 acres (irregular shape) Width 132 -267 feet Depth 580-640 feet ~oning R-4 ~djacent Development North R-4 Single Family Residential East R-4 Single Family Residential South R-4 Single Family Residential West R-4 Sloth Nurserv ANALYSIS The site lies within the MUSA and has access to municipal sewer and water. The surrounding neighborhood has been developed with single family homes with the exception of the Sloth Nursery to the west and the Meadow Creek Church and school to the northwest. ; The site is located at the intersection of a county road and a city street. Bunker Lake Boulevard is designated an "A" Minor Arterial and Crooked Lake Boulevard is designated as a Collector Street in the City Transportation Plan, The existing traffic counts are comparable to the intersection of Ranson Boulevard and Crosstown Boulevard. The projected traffic counts show only a minor increase as the surrounding area is fully developed. OPTIONS Staff offers the following options to consider: OPTION 1: Make no change at this time. OPTION 2: Change the land use designation to Transitional ResidentiaV Commercial as described earlier in this report. OPTION 3: Change the land use designation to Transitional Residential to match the surrounding undeveloped property. Evaluate low or medium density development proposals through the sketch plan process, OPTION 4: Change the land use designation to Limited CommerciaVMedium Density to allow for either office or medium density development as was done for site that was developed as Bunker Lake Village. OPTION 5: Change the land use designation Neighborhood Commercial to allow the potential for more retail and restaurant types of uses. -10 - AREA 4: Southeast Corner of Round Lake Boulevard and Bunker Lake Boulevard AREA4: SOUTHEAST CORNER OF ROUND LAKE BOULEVARD AND BUNKER LAKE BOULEVARD I I '~'2020 MUSA Boundary N ~E -/(- DATA Southeast corner of Round Lake Blvd and Bunker Lake Blvd # Properties 2 Size 4,1 acres Width 270 feet Depth 660 feet Zoning R-4 Adjacent Development North SC - Downtown Center East NB - Office Building South R-4 - Single Family West SC - CVS, Precision Tune, Anoka strip center Other factors Existing church is likely to remain for the long term ANALYSIS The site lies within the MUSA and has access to municipal sewer and water. Property to the west, north and east has been developed with commercial land uses and property to the south is a single family neighborhood.. J The site is located at the intersection of two county roads. Both Round Lake Boulevard and Bunker Lake Boulevard are classified as ' county road and a city street. Bunker Lake Boulevard is designated an "A" Minor Arterial and Crooked Lake Boulevard is designated as a Collector Street in the City Transportation Plan. The site has been developed with the Grace Lutheran Church and a parking area that serves the church. It is not considered likely that the site will be developed for any other use at this time. In this case, the revised definition of Transitional ResidentiaVCommercial may be appropriate because it preserves the residential classification that churches need according to local zoning requirements and also preserves the potential for future commercial development if the church decides to move to another site. OPTIONS Staff offers the following options to consider: OPTION 1: Make no change at this time. OPTION 2: Change the land use designation to Transitional ResidentiaV Commercial as described earlier in this report. -1]...- ACTION REQUESTED Please review and discuss the attached information and consider any input from property owners. If it is determined that changes to the Comprehensive Plan need to be made, a public hearing will be scheduled pursuant to that process, Attachments Excerpts from the Land Use Chapter of the Comprehensive Plan Land Use Map Cc: Charles Vieman 13646 Crooked Lake Boulevard Sterling Homes, Inc. 18593 Vane Ct NW Elk River, MN 55330 Dean and Juliann Hunter 5043 Tuxedo Blvd, Mound, MN 55364 Stan and Judith Carlson 680 Constance Boulevard NW Grace Lutheran Church 13655 Round Lake Boulevard Douglas Meister 541 Andover Boulevard -1.:1- Excerpt From Comprehensive Plan The information below is taken from the Land Use Chapter of the City's Comprehensive Plan. Description of the transitional land use districts and the goals and policies that are intended to guide the decision making process are included below. 3. Local Goals and Objectives Goals and objectives translate the general land use vision statements of Andover citizens into policies for future land use decisions, Goals are the most general statements of the plan, objectives are means of achieving the goals. Goal 1 : Maintain a high degree of community planning and involvement Objectives: A. Establish a community focal point of land uses including schools, civic functions, recreational opportunities and medical services in the vicinity of City Hall. B, Maintain a close working relationship with local civic, school and governmental agencies to ensure that the needs of all parties are considered when broader decisions that affect Andover residents are made. C. Recognize and plan for anticipated growth and demographic changes. D. Encourage commercial development at major intersections along major thoroughfares and discourage strip development away from these locations. E. Encourage development of community facilities for meetings, recreation and other public needs in conjunction with other public entities such as school districts and Anoka County, F. Create opportunities for higher density development in the Commercial Park area. G, Provide opportunities for life-cycle housing choices, Goal 2: Allow growth while maintaining the quality of natural resources and amenities. Objectives: A. Encourage infill development within the existing MUSA, B. Promote, protect, preserve and enhance residential, agricultural and open space in Andover through implementation of land use ordinances. C. Promote orderly growth to ensure efficient utilization and delivery of community services. D. Develop pedestrian walkways, trails and obtain rights-of-way throughout the City. E. Allow extension of infrastructure consistent with the Comprehensive Plan, F. Limit urban development to only those areas serviceable by sanitary sewer within the 2020 MUSA Boundary depicted on Figure 4.5. G. Create opportunities for the City to acquire larger tracts of land to provide further green space and meet other civic needs. H. Identify potential future areas for higher density development within the urban service area. I. Protect direct access to sunlight for solar energy systems. Goal 3: Encourage appropriate economic growth, and redevelopment. Objectives: -;1- A. Develop a diversified tax base through balanced development of commercial, light industrial, and residential properties. B. Minimize potential zoning and land use conflicts by providing transitional zones or buffers between commercial, light industrial and residential activity and review regularly. C. Allow limited commercial growth to serve residential areas outside the urban service area. D. Allow light industrial growth only within the urban service area. E. Promote redevelopment of 'brown field' properties. Goal 4: Plan for the externalities of future growth Objectives: A, The following issues shall be part of the review process prior to any rezoning or Comprehensive Plan Amendment: . Roads and Traffic . Sewer and Water . Schools . Parks . Engineering\lnspections . Fire . Police . Fiscal impact The capacity to meet these identified needs shall be a determining factor for approval. B. Explore opportunities to preserve and protect open space through the development process. C, Study the possibility of a potential commuter railroad and/or mass transit station. D. Cluster open space and recreation areas for multiple uses. E. Study the need for railroad grade translocation to meet safety needs. Goal 5: Establish, maintain, and improve vital retail and service locations within Andover. Objectives: A. Promote development of commercial areas as cohesive, highly-inter- related nodes responsive to the needs of the community and surrounding market area. B. Focus on new development and redevelopment efforts of general commercial areas to create site designs that promote attractive shopping environments, easy accessibility, and a high level of business interchange. 1This goal and underlying objectives were added as a result of the Neighborhood Business study conducted in 2001-02. C. Strongly discourage any fragmented or uncoordinated linear commercial development in favor of a unified and pre-planned development pattern. D. Select strategic locations for neighborhood commercial sites and establish design performance standards for such uses that promote quality site design and compatible land use arrangements. E. In evaluating commercial sites, consideration shall be given to the physical implication of commercial use related to compatibility with surrounding land uses, traffic generation, sewer and water demands, and environmental issues. -it~- Regular Andover Planning and Zoning Commission Meeting Minutes - August 23, 2005 Page 7 ~ PUBLIC HEARING: COMPREHENSIVE PLAN AMENDMENT (05-01) TO REMOVE THE JVORDS LIGIIT INDUSTRIAL FROM THE DEFINITION OF THE TRANSITIONAL COMMERCIAVLIGHT INDUSTRIAL LAND USE DISTRICT. Mr, Bednarz stated at the Council's request, the Planning Commission discussed the Transitional Commercial/Light Industrial District to determine whether this designation was appropriate or whether it created potential for inappropriate land uses. This designation affects four sites in Andover. Commissioner Greenwald stated the last time they discussed this, they asked for definitions. He wondered what light industrial meant. Mr. Bednarz explained to the Commission examples of businesses that would be considered light industrial. Commissioner Greenwald wondered if commercial would be considered retail, office warehouses, and gascs, He wondered where funeral homes would be. Mr, Bednarz stated funeral homes would be considercd if they could be rezoned to either general business or light industrial, which they are proposing to eliminate. Chairperson Daninger stated it did not mean it had to be commercial, residential housing could be put on the lots. Mr. Bcdnarz agreed. Commissioner Kirchoff wondered if high density housing could be built in those areas. Mr. Bednarz statcd potentially they could seek a rezoning to any district as the definition currently is written. Commissioner Kirchoff wondered if any use would require rezoning. Mr. Bednarz stated there are four sites, each with single family rural or urban residential zoning. He thought future proposals would require rezoning, Motion by Greenwald, seconded by Casey, to open the public hearing at 8:05 p.m. Motion carried on a 7-aycs, a-nays, a-absent vote. Ms. Marnell Wilbur, 136th Lane. wondered what this will do as far as church rezoning. She stated she did not want to see the zoning for the church to change and end up with a shopping center in their backyards. Mr. Bednarz explained what could happen if the church on Bunker and Round Lake Boulevard left. He indicated the recommendation is to remove the potential for industrial development of these areas, Mr. Kent Meister, 541 Andover Boulevard, stated he thought this was premature. He read a letter he prepared to the Commission stating his objections. Mr. Stan Carlson, 680 Constance Boulevard, stated he would like to leave the definition the way it is. -/b- Regular Andover Planning and Zoning Commission Meeting Minutes - August 23, 2005 Page 8 Mr. Derek Dieshel, 16030 Quinn Street, asked for clarification on this item. He wondered if anything was proposed to be coming in on the properties being discussed, Mr, Bednarz stated therc was not. Ms, Jean Jurassic, 13563 Crooked Lake Boulevard, stated when they received notification of the funeral home, very few people were notified. She wondered how many people are actually notified of the public hearings. Mr. Bednarz explained the process the City uses to notify residents of items that would affect them, Mr. Scott Berm, 3433 136th Avenue, asked what the definition of light industrial was. Mr. Bednarz explained what businesses were considered light industrial. Mr. Berm stated if they change the words, it will depreciate their property. There could be more trucks and more trash and eventually the homes around an industrial area will look bad. Chairperson Daninger stated they want to make this more restrictive and possibility eliminating light industrial from the zoning, Mr. Doug Meister, 541 Andover Boulevard, stated with gas going up and people having to eommute to their work, he thought Andover would want to add more industrial and businesses to allow people to work within their eity, He hoped in the future, they could have more businesses and more industry in the City, j Ms. Wilbur stated if they want to change the zoning where the church is on Bunker and Round Lake Boulevard, why would it need to have a new rezoning; being it has an existing structure. Chairperson Daninger stated the property is what they are looking at, not the existing structure, Mr. Rodney Lund, 13713 Edelwciss Street, wondered what is driving this change. He wondered what the advantages or disadvantages are, Chairperson Daninger stated they were guided by the Council to review this for changes. Mr. Bednarz stated part of the Councils initial concern was the size of some of these undeveloped sites and their location adjacent to single family neighborhoods and how difficult it would be to provide an industrial use and provide adequate buffering. Ms. Gloria Benjamin, 13625 Gladiola, wondered why it cannot be zoned residential only. Chairperson Daninger stated this is not saying residential cannot go there but this would give more options for development. Mr. Carlson stated he was in favor of what the Commission is trying to do because the site they have could end up to be a substantial business that would bring a lot of jobs into the City, Mrs, Judy Carlson stated she would like the site at the southeast comer of Crosstown Boulevard and Constance Boulevard to be residential. -/7- , Regular Andover Planning and Zoning Commission Meeting Minutes - August 23, 2005 Page 9 Mr. Art Steimer, 13562 Crooked Lake Boulevard, stated even if they drop the light industrial, anyone can make an application to change this back. Chairperson Daninger stated that was correct. Motion by Greenwald. seconded by Casey, to close the public hearing at 8:35 p.m. Motion carried on a 7-ayes, O-nays, O-absent vote, Commissioner Kirchoff explained what the Commission is trying to do. Commissioner Jasper stated he wanted to make sure it is clear that there was an original proposal regarding not allowing speculative development and development that is in competition with other properties. His understanding is that has not moved forward because he would oppose that. He stated Mr. Meister talked about preserving options and they need a more diverse tax base and they do need more employment in this City. He statcd this is a Comprehensive Plan Amendment and nothing else. He noted that right now thc Comprehensivc Plan stated that these properties are all zoned residential and it allows an option for someone to apply for a rezoning to commercial or industrial. It does not say that such a rezoning would be approved; it would still have to go through the whole process, He stated even if they change this and take away the light industrial, someone could comc in and apply to have it rezoned as industrial. He stated he would not change anything, He thought there was an assumption that light industrial is a more intense and intrusive area of development which is not necessarily true. He stated the words may intimidate some people more than the reality but he thought they were doing something that is taking away from four particular properties, possibilities in the future that does not have much impact. He stated he would leave it as is and would not affect those options, He noted that each and everyone of the properties is already zoned residential. Chairperson Daninger stated they were designated for future change. Commissioner Greenwald concurred, The Commission discussed what light industrial meant and what could be built there. Commissioner Vatne stated the Comprehensive Plan gives an indication of where the City would like to go, it is an indicator of what the City wants to see come into the City. He thought it was appropriate to drop the industrial zoning as proposed. Commissioner Greenwald thought they needed to keep the options open because they seem to be regulating morc things all of the time. Commissioner Jasper statcd he would like to leave the definition as is. Commissioner Vatne thought the light industrial should be removed. Commissioner Greenwald stated he would like to leave it in, Chairperson Daninger stated he would like to remove it. Commissioner Kirchoff indicated he would like to remove it. Commissioner Casey stated he would like to leave it in. Commissioner -Ij- Regular Andover Planning and Zoning Commission Meeting Minutes - August 23, 2005 Page 10 Kirchoff explained the reasons why he wanted to have it removed. He looked at it as a guide for transitional areas, Commissioner Holthus stated she would like to remove this for good Comprehensive planning, She did not think this piecemeal was good planning. Commissioner Greenwald stated they will never have major industrial development in the City because they do not have main roadway access, Mr. Bednarz reviewed what types of businesses are allowed in light industrial zoning, Motioll by Greenwald, seconded by Casey, to leave this as traditional business/light industrial and to leave it as is. Commissioner Vatne stated as a result of this, he thought there needed to be a look at the difference between commercial and light industrial and the definitions they have in the table because he did not think it was appropriate and did not point out some ofthe specific industries thcy have talked about. Motion carried on a 6-ayes, I-nays (Daninger), O-absent vote. Mr. Bednarz stated that this item would be before the Council at the September 6, 2005 City Council meeting, A. IItrodllctioll to Rllral Reserve Plallllill" Mr. Bednarz state a City Council goal for 2005 is the master planning of the Rural Reserve Area. This r ort will provide the Planning Commission an overview of the process that will be used Ian the future urbanization of the Rural Reserve Area. It will also lay the groundwork a future joint Planning Commission/City Council workshop where the staff will see 'nput on a variety of issues that will set the tone for the planning of the Rural Reserve Are In order for urban development of this area to occur, the City will need a master plan, ap oval of an AUAR and approval from Metropolitan Council for a major comprehens' e plan amendment. The goal at this stage of the master planning effect is to begin to familia' e the Planning Commission with the task at hand, Commissioner Kirchoff wondered how many acres approxim Iy was the Rural Reserve. Mr. Bednarz showed a use map to the Commission, He noted it acres, Commissioner Greenwald thought this was a nice outline and liked a look at t vlSlonary process, He wondered as of right now, where are the major utility lines coming i ~/1- @ '\ 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW,CI.ANDOVER,MN,US SUBJECT: Mayor and Councilmembers Jim Dickinson, City Administrator ~ Will Neumeister, Community DevelQ:1t Director d.- Courtney Bednarz, City Planll(~ Consider Various Code Revisions (Part 7) - Plallning TO: CC: FROM: DATE: September 6, 2005 INTRODUCTION The last of the proposed City Code amendments are included in this packet. DISCUSSION The Council is asked to continue working through the proposed amendments, After the Council has completed review of these final items, the Council will be asked to adopt all of the proposed amendments and a summary ordinance to be published in the Anoka Union Newspaper at a subsequent meeting, ! ACTION REQUESTED Please determine if the attached items are satisfactory. If a consensus cannot be reached on a particular item, please indicate the area of concern and suggested modifications so that staff may make changes to be brought forward at a future meeting, Attachments Revision #24 City Code 12-4-4 B. Building Height: Determination of Setbacks Revision #73 City Code 12-14-23 Building Height Revision #32 City Code 12-4-12 Shopping Centers Revision #52 City Code 12-13 1 B Animals Revision #61 City Code 9-9-11 Housing Maintenance Revision # 81 City Code 12-4-5 Encroachments Revision #82 City Code 6-4 Snowmobiles and All Terrain Vehicles (concerning dirt bikes) Revision #83 City Code 12-13 Permitted, Conditional And Prohibited Uses Enumerated (concerning crematoriums) Revision #24 City Code 12-4-4 Building Height: Determination of Setbacks Backl!:round 12-4-4 B. existed in the original zoning ordinance as one paragraph. When Ordinance 8 was formatted, this paragraph was divided into two paragraphs. As a result, the uses these setbacks applied to were lost. Additionally, this section belongs under 12-5-3 Setbacks Adjacent to Residential Areas. 12-4-4 A. provides an opportunity for certain structures to be allowed additional height through the conditional use permit process. Height is regulated in City Code 12-3-4. Conditional uses arc listed in 12-13-3. Without a cross reference few people would find this additional height allowance. There was Council discussion regarding the maximum height of churches and schools and the Council detcrmined that structures should remain as currently regulated (allowed up to 35 feet as a permitted use and up to 45 feet as a conditional use). Proposed Change Add the uses the setback applies to and move 12-4-4 B, to 12-5-3 Setbacks Adjacent to Residential Areas. Add 12-4-4 A. to the new uses matrix and reference in the 12-3-4 table that provides height standards. 12 1 1: BUILDINC REICRT; DETERMIN.'\TION OF SETB.AACKS: .^.. Building Hcight: The height of str~lctares used for churches, schools, multiple and similar uscs may extend to forty five feet (15') in residential districts, Non066aflancy structures greater that forty five feet (15') in height shall require a 6oRditional use pcrmit. B, Setbacks Determincd: The required setback from any residential lot shall be at least equal to the height, and the distance between any two (2) detached pria6ipal buildings shall be no less than one half (1/2) the sum of the heights of the two (2) stmetmes; except, that any structure exceeding forty fi'ie feet (15') in height shall re"lUirc a conditional use permit in all districts. V.mcndcd Ord. 8, 10 21 1970; amd, 2003 GOOe1 12-5-3: SETBACKS ADJACENT TO RESIDENTIAL AREAS: A. Business Districts: Where a business district is adjacent to a residential district, the minimum building setback from the lot line shall be thirty five feet (35'). B. Industrial Districts: In the case of industrial districts, such minimum setback shall be seventy five feet (75'), (Amended Ord. 8,10-21-1970) . I -2.- C. The required setback of structures used for churches, schools, multiple and similar uses shall be at least equal to the height of tile structure or as reauired bv City Code 12-3-4, whichever is !!Tcatcr, , and the distance between any tvlO (2) detached principal buildini:s shall be no less than one half (1.'2) the sum aftae hei~hts of the two (2) str~lctures; m(ccpt, that any structure ,meeeding forty five feet (15') in hei~ht shall require a conditional use permit in all districts. City Code 12-3-4 Rl R2 R3 R4 RS Ml M2 GR LB NB SC GB I Height (maximum) See City Code 12-13 for ....- 35 35 35 35 35 35 35 35 35 45 45 45 excentions allowed as ,)) conditional use Proposed New Matrix for City Code 12-13 Permitted, Permitted Accessory, and Zoning District Conditional Uses R- R- R- R- R- M- M- G LB N SC G I I 2 3 4 5 1 2 R B B Churches exceeding height maximum C C C C C C up to 45 feet in height Schools exceeding height maximum C C C C .G C C un to 45 feet in heil.!ht -3- \ I Revision #73 City Code 12-14-23: Building Height City Code 12-4-5 F. Exemptions From Height Limits City Code 12-3-4 Minimum District Requirements Backl!round This item addresses other issues with building height beyond Council's previous discussion on item #24 (City Code 12-4-4 Building Height). The Council elected to table this discussion to a work seSSIOn. The following items need to be addressed: 1. This section allows all structures to exceed the maximum height allowed by City Code 12-3- 4 with a conditional use permit under certain circumstances. A line item needs to be added to the proposed uses matrix of City Code 12-13 to show that principle structures are eligible for a CUP to increase the maximum height. 2. The height of accessory structures is regulated by City Code 12-6. Building height regulations need to be applied to the principle structure. 3. Height regulations are dimensional standards that need to be located in City Code 12-3-4 Minimum District Requirements. 4. Exemptions from height limitations are currently provided in 12-4-5 F. This section needs to be edited. Staff is also proposing to remove monuments and smokestacks from this list. The section needs to be moved with the section concerning height to City Code 12-3-4. Proposed Chanl!e Staff recommends the following changes: 12 14 23: BUILDING HEIGHT: Buildings proposed that exceed the height limits imposed by provisions of this title shall reqaire a conditional use permit and shall be go','emed as f-ollows: ,^.. Principle buildings of greater height than Clcpressly permitted by this title may be permitted by conditionalase permit, provided it is determined that: I. ,^.dequate fire protection and other safety f-catures are provided. 2. The height and b\:llk of the building will liot destroy a scenic or the appropriate ','iew, will not shut off light and air from s~lrrounding properties, or otherwise be detrimental to the public. B. Iii no event, however, shall any building OCC\:Ifly more than the permitted percentage onot area as provided in this title. (,^emended Ord. 8, 10 21 1970) City Code 12-4-5 Pern1itted Encroachments: F. Exemptions From Heif;ht Limits: Height limitations shall not apply to barns, silos and other structures on farms, to cklrch spires, belfries, cupolas and domes, monuments, chimneys and -'1- '\ / smokestacks, flagpoles, public and public utility facilities, transmission towers of commercial and private radio broadcasting stations, tele'lision antennas, and parapet walls e}(tending Rot more than four feet (4') above the limited height of the lmilding eReept as herein pro'liEled. (.^.mended Ord. 8, 1021 1970) 12-3-4: MINIMUM DISTRICT REQUIREMENTS: B. Maximum Height: 1. Principle Structure Height: A conditional use permit may be granted to allow principle buildings to exceed the height limits imposed by provisions of this title provided it is determined that: a, Adequate fire protection and other safety features are provided. b, The height and bulk of the building will not destroy a scenic or the appropriate view. will not shut offlight and air from surrounding properties. or otherwise be detrimental to the public. c. In no event, however. shall any building occupy more than the permitted percentage oflot area as provided in this title. 2. Exemptions From Height Limits: Height limitations shall not apply to the following: a. Barns. silos and other agricultural structures for rural agricultural uses, b. Church spires. steeples. belfries. cupolas and domes c. Chimneys. flagpoles. e. Public utility facilities f. Transmission towers and antennae subiect to City Code 9-12 h. Parapet walls cxtending not more than four feet (4') above the height of the building. Proposed addition uses table of City Code 12-13 (excerpt showing proposed height line item) Permitted, Permitted Accessory, and Zoning District Conditional Uses R- R- R- R- R- M- M- G LB N SC G I 1 2 3 4 5 1 2 R B B Principle buildings exceeding height maximum subiect to City Code 12-3-4 C C C C C C C C C C C C C B. 12-3-4: MINIMUM DISTRICT REQUIREMENTS (excerpt showing height line item with reference to exemptions of City Code 13-3-4B.) Rl R2 R3 R4 RS Ml M2 GR LB NB SC GB I Princinle structure height (maximum) subiect to City 35 35 35 35 35 35 35 35 35 35 45 45 45 Code 12-3-4B. --s-- Revision # 32 12-4-12 SHOPPING CENTER LOCATION REQUIREMENTS Backl!:round This section is outdated. Many of the requirements outlined here are standard elements of a Commercial Site Plan review and do not need their own section in the City Code. This chapter describes requirements for the SC Zoning District. These requirements belong in chapter 12-3, "Zoning Districts." If the Council decides that some of the other requirements are useful, then those requirements can be placed elsewhere in the Code. Proposed Chanl!:e Strike this section of the code, Other requirements and changes in the SC zoning district are handled in Revision # 16, 12 4 12: SHOPPINC CENTERS Any new structures in a sb}j}j-1ing center (SC) or neighborhood business (NB) district must be shown to fit into an o\'Crall plan for the shopping center, Before any ne'.\' Mea is zoned, the following conditions must be met: .^c. The area ,....ill be located adjacent to a thoroughfare or collector street as sho<:m on the comprehensive plan or as indicated as a potential shopping center site or neibhborhood business site on such plan. B. Submission of a plot plan showing structures, par16ng, driveways, landscaping and screemng. C. If construction has not begun within twenty four (21) months, or ifthe project is not fifty percent (50%) completed within five (5) years, any further develElpment of any type shall require a conditional ',Ise permit, and the planning and zoning commission may move to initiate a rezoning back to that in effect prior tEl Reighborhood business (1'4B) or shopping center (SC) zoning, D. The area zoned shall include at least two (2) acres for neighborhood business (NB) and five (5) acres for shopping center (SC). E. ,^.ny area noted on the zoning map as "SC" with no definite bOlmdary shall be administered as follo',\"s: I" Only one corner of any major road intersection may be zoned for a SHopping eenter (SC) at anyone time. 2, The landowner shall submit a plan in accordance with the provisions of a planned Hnit development -1+'-, 3, The city eDlJHeil may grant or deny the request for bBSiness zoning based Hvon tHe plans sHbmitted, 4, /\ market feasibility study shall be submitted to indicate need, size and futHre size. (Amended Ord, 8, 10 21 1970) -6- normally used for pasture or crops and in which substantial amounts of manure or related other '\ wastes may originate because of such feeding of animals. .' 12-13-1: PERMITTED USES 120: Within any of the following districts, no structure or land shall be used except for one or more of the uses listed by district: Permitted, Permitted Accessory, and Zoning District Conditional Uses R- R- R- R- R- M- M- G LB N SC G I I 2 3 4 5 I 2 R B B Keeping of pleasure/recreation animals on properties at least 2.5 acres A A A A in size in compliance with Title 5 Keeping of up to 5 farm animals Dlus one additional farm animal ner acre , above 5 acres on properties 5 acres or .e .e P greater un to a maximum of20 animals Keeping of more than 5 farm animals than allowed as a nermitted use on C C C , nroperties 5 acres or greater Keeping of Domestic animals 8-eF less except in R I). A A A A A A A in compliance with Title 5 Feedlots, except Anoka Independent Grain and Feed Inc. which is a X X X X X X X X X X X X X permitted use that predates the adoption of this ordinance. NOTE: P = Permitted Use A = Accessory Use C = Conditional Use X = Prohibited Use B. Residential Districts: 1. R-I Single-Family Rural District: /.n)' site which has more than five (5) fann animals per aere shall require a conditional use permit. (The following City Code excerpt is provided to show how non-domestic animals are regulated in another section of the City Code.) 5-1C-2 POLICE REGULATIONS: ANIMAL CONTROL: PROHIBITED ANIMALS: (as it exists) The following animals are prohibited within the city: -1- Revision #52 12-13-1 B Animals '\ / Backe:round Discussion from the April 12. 2005 Plannine: Commission Meetine: I. The Commission wanted to see changes to the definitions to ensure an animal could not be confused between definitions. Staff proposes changes to the definitions as shown below. Please note a section from Title 5 Police Regulations that provides a list of prohibited animals has been added to this report. 2, The Commission also wanted to discuss the structure for regulating farm animals. There was some concern about farm animals being limited to 5 acre or larger parcels and limited to a maximum of five farm animals without a conditional use permit. Staffs objective is to prevent farm animals from being kept in 2.5 acre neighborhoods. Staff selected five acres as the threshold because the existing code uses five acres as a threshold for rural agricultural uses.' Presently up to five farm animals are allowed per acre in the R-l Zoning District without a permit. If the Commission would like to adjust the number the proposed changes will need to be changed accordingly. New Issue Raised Throue:h Public Comment Period 3. An Andover resident stopped this past week and educated staff on falconry. The DNR issues permits for falcomy (keeping of and hunting with raptors). State Statute permits this activity and provides regulations for permits, sheltering requirements and limits the number of birds to one, Some of the most relevant information from State Statute is attached. Staff proposes to add an exemption for this activity with references to State Statute and DNR regulations. Backe:round - Other areas of concern 4. Urban agricultural uses are permitted in the urban area. The definition of urban agricultural use includes pleasure/recreation animals. Pleasure/recreation animals are defined as 'Animals not normally kept in a residence such as horses, ponies, foals, donkeys, burros, mules or others'. This conflicts with City Code 5-1 B which regulates these animals and requires a 2.5 acre minimum lot size and provides additional standards to ensure proper care of these animals. Suggested approach: Eliminate pleasure/recreation animals from the definition of Urban Agricultural Use. Add this use to the matrix for residential properties with at least 2.5 acres in compliance with Title 5. 5, The Definition of Agricultural Use, Rural includes the raising of non-domestic animals, Non-domestic animals are defined as any animal, reptile or fowl, which is not naturally tame or gentle but is of a wild nature or disposition or which, because of its vicious nature or other characteristics, would constitute a danger to human life or property. -7-- \ Suggested approach: These animals should not be allowed in the City, Eliminate non- domestic animals from this definition. 6. Proposed changes are not intended to affect the Anoka Independent Grain & Feed farm located on several hundred acres in the northwestern area ofthe City, which is presently a permitted use. It is the intent of this ordinance amendment to prevent other feedlots from moving into the City. Suggested approach: Provide a definition for feedlots. List feedlots as a prohibited use in the uses table. Provide an exemption for Anoka Independent Grain and Feed. The latest changes suggested by Planning Commission concerning the maximum number of farm animals allowed as a permitted use and adding alpacas and llamas to the definition of PleasurelRecreation Animals have been made. Proposed Changes 12-2-2: DEFINITIONS: AGRICULTURAL USE, RURAL: An area of five (5) or more contiguous acres which is used for the production of farm crops such as vegetables, fruit trees, grain and other crops and their storage on the area, IlS ','-,dllls tor tflil raising th@ril€lll €If S€lmilstiil animllls, famlllllimllls nondomestic llnimals IlIlS tl1il mising lll'IS k@@ping €lfplilllBlueirililrilati€lnal animals in il€lm1'llillnilil I 'l:ith Titlil 5, AGRICUL'rURAL USE, URBAN: An area of less than five (5) contiguous acres which is used for the purpose of growing produce including crops, fruit trees, shrubs, plants and flowers, vegetables, and the like, provided such produce is intended solely for the use of owners on the property or sale away from the property. It shall inillllsil thil rllising €If s€lmilstiil lll'IS plilllsaril,~ililrilati€lIlIlFl.imllls in il€lml'llianilil v:itk Titlil 5, ANIMALS, DOMESTIC: .^.nimllls il€lmm€lnlj-luClpt f€lr piltS, Sllilh IlS dogs, cats and similar animals that can be purchased at a retail pet store and maintained indoors. ANIMALS, FARM: Animals llns Jl€l !lit!)' commonly kept for productive purposes on a farm, such as cattle, hogs, sheep, goats, chickens, and other similar animals. ANIMALS, NONDOMESTIC:=Afty Animals. f€mtilil €lr fwd not defined as domestic. farm or oleasure/recreational animals ','-,hiilh is that are n€lt nat!lrallj" tamil €lr g,mtlilllut is of a wild nature or disposition or which, because of its vicious nature or other characteristics, would constitute a danger to human life or property including the prohibited animals listed in City Code 5-1C-2. ANIMALS, PLEASUREIRECREA TIONAL: f.nimals not normally kept in a residence such as horses, ponies, foals, donkeys, burros, mules, aloacas and llamas. er ethers. FEEDLOT, LIVESTOCK- The place of confined feeding oflivestock. poultry. or other animals for food. fur. pleasure or resale purposes in yards. lots, pens. buildings. or other areas not -$- normally used for pasture or crops and in II 11ich subs!:: , :l1llOunts of manure or related other wastes may originate because of such ll:edillgJ~L\1lim:1 J 12-13-1: PERMITTED USES 1211 : Within any of the following districts, no strllctlllc or Lilt.: !l:dl be used except for one or more of the uses listed by district: Permitted, Permitted Accessory, and Zoning I Conditional Uses R- i R- I I ') - Keeping of pleasure/recreation animals on properties at least 2,5 acres A 1\ in size in compliance with Title 5 Keeping of up to 5 farm animals~ one additional farm animal ocr acre above 5 acres on properties 5 acres or r l' greater un to a maximum 01'20 animals Keeping of more t-han-$ farm animals than allowed as a ocrmittcd use on C (' nronerties 5 acres or greater , Keeping of Domestic animals f-l--eF less except in R I), A ^ in comoliance with Title 5 - Feedlots, except Anoka Independent Grain and Feed Inc, which is a X :\ permitted use that prcdates the adoption of this ordinance, listrict i R- R- J 4 ;\ J> (' 1\ A :\ X M- M- G LB N SC G I I 2 R B B : IA A I- I , , IX X X X X X X X NOTE: P = Permitted Use A = AcccssoJ'\ USl' C -'Illlitional Use X = Prohibited Use B. Residential Districts: 1. R-l Single-Family Rural District: /.ny site which has mon.' than fil't.'(~FI . .,il11als per acre shall require a conditional ~Ise permit. (The following City Code excerpt is pro"ided to silL'" ,,:,11 non-domestic animals are regulated in another section ofthe City ('ode,) 5-1C-2: POLICE REGULATIONS: Ai\I.\L\L CO.". i~()L: PROHIBITED ANIMALS: (as it exists) The following animals are prohibited within thl' city: " A. Any animal or species prohibited by Minnesota or federal law. B. Any nondomesticated animal or species, including, but not limited to, the following: I. All skunks, whether captured in the wild, domestically raised, de-scented or not de- scented, vaccinated against rabies or not vaccinated against rabies, 2. All large cats of the family Felidae, such as lions, tigers, jaguars, leopards, cougars and ocelots, except commonly accepted domesticated house cats. 3. All members of the family Canidae, such as wolves, foxes, coyotes, dingoes and jackals, except domesticated dogs. 4. All crossbreeds, such as crossbreeds between dogs and coyotes or dogs and wolves, but does not include crossbreeds between domesticated animals. 5. All poisonous snakes, such as rattlesnakes, coral snakes, water moccasins, cobras or copperheads. 6. All raccoons. 7. All apes and monkeys. j 8. Other animals which are not listed explicitly above, but which can be easily defined in this article as a nondomesticated animal including bears, wolverines and badgers. (Ord. 253, 3-2-1999) 5-1 C-3: SALES PROHIBITED: No person shall offer for sale, within the city limits, any animal prohibited in sections 5-1 C-l and 5-IC-2 of this article. (Ord. 253, 3-2-1999) 5-1C-4: EXCEPTIONS: A. Animals Allowed By Permit: 1. Temporary Permit: Any person desiring to keep animals prohibited as described in this article shall obtain a temporary permit from the city council. Such a permit shall be issued for a period not to exceed thirty (30) days and shall specify further conditions under which such animal shall be kept; provided, however, that no such permit shall be required for such prohibited animal brought into the city for entertainment, show or promotional purposes only. (Ord. 253, 3-2-1999; amd. 2003 Code) 2. Permanent Permit: A public zoo or other institution engaged in a permanent display of animals may be issued a permanent permit, provided applicable zoning requirements are met. 3 State-Conditional Use Permit. Falconrv shall reouire a conditional use nermit and he subject to As nermjtted h'/ State Statute and the re!!Ulatedjons of tw the Minnesota Denartment of Natural Resources. -(r:J- , / Revision # 61 9-9-1 HOUSING MAINTENANCE CODE Background: Revision #61 dealt with section 12-14-7: Maintenance in All Districts. It was decided that instead of providing maintenance standards for fences, structures, and landscaping in a stand-alone section, they would be included in the code sections dealing with each of those topics. Section 12-14-7 was stricken. The revised section 12-7 addressed fence maintenance, and landscaping standards were included in 12-14-6. It was determined that section 9-9- the Housing Maintenance code is enforceable on all residential structures, both rental and owner occupied, as it is written. This represents a change in the way the code will be interpreted and enforced, not in the actual language of the code. The actual changes being proposed are intended to update the code to ensure that it is in agreement with the International Building Code and Minnesota Building Code, which are used by the City. 9-9-1: PURPOSE AND INTENT: A. Purpose: The purpose of this chapter is to protect the public health, safety and the general welfare of the people ofthe city. These objectives include the following: 1. To protect the character and stability of residential areas within the city. / 2. To correct and prevent housing conditions that adversely affect or are likely to adversely affect the life, safety, general welfare aHd or health of Andover residents. 3. To provide minimum standards for heating and sanitary equipment and for light and ventilation necessary to protect the health and safety of occupants of buildings. 4, To prevent the overcrowding of dwellings. 5. To provide minimum standards for the maintenance of existing residential buildings and to thus prevent substandard housing and blight. 6. To preserve the value ofland and buildings throughout the city. B. Intent: With respect to disputes between tenants and landlords, and except as otherwise specifically provided by the terms of this chapter, it is not the intention of the City Council to intrude upon the accepted contractual relationship between the tenant and landlord. The City Council does not intend to intervene as an advocate of either party, nor to act as arbiter, nor to be receptive to complaints from tenant or landlord which are not ordinance related. In the absence of such relevancy with regard to rental disputes, it is intended that the contracting parties exercise such legal sanctions as are available to them without the intervention of city government. In enacting this chapter, it is not the intention of the City Council to interfere or permit interference with legal rights to personal privacy. (Ord. 267, 7-20-1999) -//- / 9-9-2: APPLICATION OF PROVISIONS: This chapter establishes minimum standards for maintaining dwelling units, accessory structures and related premises. This chapter is intended to provide standards for rental housing and to provide standards to allow resolution of complaints regarding owner occupied housing. (Ord. 267,7-20-1999) 9-9-3: DEFINITIONS: Whenever the words "dwelling", "dwelling unit", "premises", or "structures" are used in this chapter, they shall be construed as though they were followed by the words "or any part thereof'. The following definitions shall apply in the interpretation and enforcement of this chapter: ACCESSORY USE OR STRUCTURES: A use or structure subordinate to, and serving the principal use or structure on the same lot and customarily incidental thereto which is not used for living or sleeping by human occupants. ANDOVER BUILDING CODE: The Minnesota State Building Code, International Building Code (IRC). and International Residential Code aRC) adopted by the city. 64 BUILDING: Any structure having a roof which may provide shelter or enclosure for persons, animals, or chattels, and when said structure is divided by party walls without openings, each portion of such building so separated shall be deemed a separate building. BUILDING OFFICIAL: The designated agent authorized by the City Council to administer and enforce this chapter. DWELLING: A building1 or one or more portions thereof1 occupied or intended to be occupied for residential purposes, but not including rooms in motels, hotels, nursing homes, boarding houses, trailers, tents, cabins or trailer coaches. DWELLING UNIT: A single-family dwelling or unit designed to accommodate one family. FAMILY: A. An individual or two (2) or more persons related by blood, marriage or adoption living together; or B. A group of not more than five (5) persons who need not be related by blood, marriage or adoption, living together as a single housekeeping unit in a dwelling unit, exclusive of usual servants. FLUSH WATER CLOSET: A toilet with a bowl and trap made in one piece, which is connected to the city water and sewer system or other approved water supply and sewer system. -/2- - GARBAGE: Animal and vegetable waste resulting from the handling, preparation, cooking, marketing or processing of food, or the non-consumed waste resulting from animals or humans consuming food. HABITABLE BUILDING: Any building or part thereof that meets minimum standards for use as a home or place of abode by one or more persons. HABITABLE ROOM: A room with enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms, water closet compartments, laundries, furnace rooms, unfinished basements (those without required ventilation, required electric outlets and required exit facilities), pantries, utility rooms of less than fifty (50) square feet of floor space, foyers, communicating corridors, stairways, closets, storage spaces, workshops, and hobby and recreation areas in parts of the structure below ground level or in attics. HEATED WATER: Water heated to a temperature of not less than one hundred ten degrees Fahrenheit (1100F), or such lesser temperature required by government authority, measured at faucet outlet. KITCHEN: A space which contains a sink with counter working space, space for installing cooking and refrigeration equipment, and space for the storage of cooking utensils. j MAINTENANCE: Upkeep of property and equipment in a safe working condition for which it was installed and/or constructed. MULTIPLE-FAMILY DWELLING: A dwelling or portion thereof containing two (2) or more dwelling units. OCCUPANT: Any person (including owner operator) living, sleeping, cooking and eating in a dwelling unit or living and sleeping in a rooming unit. OPERATE: To charge rent for the use of a unit in a rooming unit. OPERATOR: The owner or his/her agent who has charge, care, control, or management of a building, or part thereof, in which dwelling units or rooming units are let. OWNER: Any person, firm or corporation who, alone, jointly, or severally with others, shall be in actual possession of, have charge of, care of, or control of any dwelling, dwelling unit, or rooming unit within the city as owner, employee or agent of the owner, or as trustee or guardian of the estate or person of the title holder. Any person representing the actual owner shall be bound to comply with the provisions of this chapter to the same extent as the owner. PERMISSIBLE OCCUPANCY: The maximum number of persons permitted to reside in a dwelling unit or rooming unit. -/3- PERSON: An individual, firm, partnership, association, corporation, company or joint venture or organization of any kind. PLUMBING: All of the following supplied facilities and equipment in a dwelling: gas pipes, gas burning equipment, water pipes, steam pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents and any other similar fixtures and the installation thereof, together with all connections to water, sewer and gas lines. PREMISES: A platted lot or part thereof or unplatted parcel of land, and adjacent right of way, either occupied or unoccupied by any dwelling or non-dwelling structure, including such building or accessory structure. PUBLIC HALL: A hall, corridor or passageway for providing egress from a dwelling unit to a public way and not within the exclusive control of one family. REFUSE: Personal leavings, trash, garbage. RENTAL DWELLING: A dwelling unit for hire. REPAIR: The construction or renewal of any part of an existing building or its utilities, facilities or equipment for the purpose of its maintenance. RODENT HARBORAGE: A place where rodents commonly live, nest, or establish their habitat. ROOMING UNIT: Any room or group of rooms forming a single habitable unit used or intended to be used for liviJ?-g and sleeping, but not for cooking and eating purposes. SAFETY: The condition of being reasonably free from danger and hazards which may cause accidents or diseases. SUBSTANDARD DWELLING: Any dwelling which does not conform to the minimum standards established by city ordinances. SUPPLIED: Paid for, furnished by, provided by, or under the control of the owner, operator, or agent ofa dwelling. (Ord. 267, 7-20-1999; amd. 2003 Code) 9-9-4: RESPONSIBILITIES OF OWNERS AND OCCUPANTS: No owner or other person shall occupy or let to another person any dwelling, dwelling unit or rooming unit unless it and the premises are fit for human occupancy and comply with all applicable legal requirements of the state and the city, and as set forth specifically in this section: -/t/- A. Maintenance Of Shared Or Public Areas: Every owner of a dwelling containing two (2) or more dwelling units shall maintain or shall provide for maintenance of the units shared along with all public areas of the dwelling and premises thereof. B. Housekeeping Of Occupied Areas: Every occupant of a dwelling, dwelling unit or rooming unit shall properly housekeep the dwelling unit and premises thereof that he/she occupies and controls. c. Storage And Disposal Of Garbage And Refuse: 1. Every occupant of a dwelling, dwelling unit or rooming unit shall store and dispose of all his/her refuse and garbage and any other organic waste which might provide food for insects and/or rodents in a manner approved by the city. The city requires that refuse and garbage be disposed of by a garbage hauler 65. 2. Every owner of a multiple-family dwelling shall supply facilities for the storage and/or disposal of refuse and garbage. In the case of single- or two-family dwellings, it shall be the responsibility of the occupant to furnish such facilities as prescribed by city ordinance. D. Storm And Screen Doors And Windows: The owner of a rental dwelling unit shall be responsible for providing, maintaining and hanging all screen and storm doors and storm windows whenever the same are required under the provisions of this chapter. E. Pest Extermination: Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of vermin infestations and/or rodents on the premises. Every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for such extermination whenever his/her dwelling unit is the only one infested. Notwithstanding, however, whenever infestation is caused by the failure of the owner to maintain a dwelling in a reasonable rodent-proof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two (2) or more of the dwelling units in any dwelling or in the shared or public parts of any dwelling containing two (2) or more dwelling units, extermination thereof shall be the responsibility of the owner. F. Rodent Harborages Prohibited: 1. Occupied Areas: No occupant of a dwelling or dwelling unit shall accumulate boxes, firewood, lumber, scrap metal or any other similar materials in such a manner that may provide a rodent harborage in or about any dwelling or dwelling unit. Outside stored materials shall be stacked neatly in piles at least four inches (4") above bare soil or ground. 2. Public Areas: No owner of a dwelling containing two (2) or more dwelling units shall accumulate or permit the accumulation of boxes, lumber, scrap metal or any other similar materials in such a manner that may provide a rodent harborage in or about shared or public areas of a dwelling or premises. Materials stored outside by the owner or permitted -/s-- to be stored by the owner shall be stacked neatly in piles at least four inches (4") above bare soil or ground. G. Storage Of Food For Rodent Prevention: No owner or occupant of a dwelling unit shall store, place or allow to accumulate any materials that may serve as food for rodents in a site accessible to rodents. H. Maintenance Of Plumbing Fixtures And Facilities: The owner or occupant of a dwelling unit shall maintain all supplied plumbing fixtures and facilities therein. I. Minimum Heating Capability And Maintenance: In every dwelling unit or rooming unit, when the control of the supplied heat is the responsibility of a person other than the occupant, a temperature of at least seventy degrees Fahrenheit (7001') or such lesser temperature required by government authority shull be maintained at floor level, WHen the outdoor temperature is twenty degrees below zero Fahrenheit (2001'). sixtv-eil!ht del!rees Fahrenheit (680F) at a point three feet (3') above the floor when the outside temperature is -16 del!rees Fahrenheit. J. Removal Of Snow And Ice: The owner of any rental dwelling shall be responsible for the removal of snow and ice from parking lots and/or driveways, steps and walkways on the premises. Individual snowfalls of three inches (3") or more or successive snowfall accumulations to a depth of three inches (3") shall be removed from walkways and steps within forty-eight (48) hours after cessation of the snowfall. (Ord. 267, 7-20-1999) K. Minimum Exterior Lighting: The owner of rental dwellings shall be responsible for providing and maintaining in good condition lighting fixtures and levels required by state building code for tenants. (Ord. 267, 7-20-1999; amd. 2003 Code) L. Maintenance Of Driveway And Parking Areas: The owner of a multiple-family dwelling shall be responsible for providing and maintaining in good condition paved and delineated parking areas and driveways for tenants. (Ord. 267, 7-20-1999) 9-9-5: MINIMUM STANDARDS FOR BASIC EQUIPMENT AND FACILITIES: No person shall rent or let to another for occupancy any dwelling or dwelling unit for the purposes of living, sleeping, cooking and eating therein which does not comply with the following minimum standards for basic equipment and facilities: A. Kitchen Sink: Provide a kitchen sink in good working condition which is properly connected to an approved water supply system and which provides at all times an adequate amount of heated and unheated running water under pressure and which is connected to an approved sewer system per city ordinances. / B. Cabinets/Shelves, Counter/Table: Provide cabinets and/or shelves for the storage of eating, drinking and cooking equipment and utensils and for food that does not require refrigeration for safekeeping; and a counter or table for food preparation. Said cabinets and/or shelves and counter or table shall be of sound construction and finished with -/6- surfaces that are easily cleanable and that will not impart any toxic or deleterious effect to food. (Ord. 267, 7-20-1999) C. Cooking And Storage Facilities: Provide a stove or similar device for cooking food and a refrigerator or similar device for the safe storage of food at or below forty degrees Fahrenheit (400F), which are properly installed with all necessary connections for safe, sanitary and efficient operation. Such stove, refrigerator or similar devices need not be installed when a dwelling unit is not occupied, but sufficient space and adequate connections for the installation and operation of said stove, refrigerator or similar device must be provided. (Ord. 267,7-20-1999; amd. 2003 Code) D. Toilet Facilities: Within every dwelling unit there shall be a non-habitable room which is equipped with a tffish water closet in compliance with the Minnesota state plumbing code. Such room shall have an entrance door which affords privacy. Said tffish water closet shall be equipped with easily cleanable surfaces, shall be connected to an approved water system that at all times provides an adequate amount of running water under pressure to cause the heatef water closet to be operated properly, and all shall be connected to a sewer system in compliance with city ordinances. E. Lavatory Sink: Within every dwelling unit there shall be a lavatory sink. Said lavatory sink may be in the same room as the tffish water closet, or if located in another room, the lavatory sink shall be located in close proximity to the door leading directly into the room in which said water closet is located. The lavatory sink shall be in good working condition and shall provide at all times an adequate amount of heated and unheated running water under pressure and shall be connected to an approved sewer system in compliance with city ordinances. F. Bathtub Or Shower: Within every dwelling unit there shall be a non-habitable room which is equipped with a bathtub or shower in good working condition. Such room shall have an entrance door which affords privacy. Said bathtub or shower may be in the same room as the tffish water closet, or in another room, and all shall be properly connected to an approved water supply system and shall provide at all times an adequate amount of heated and unheated water under pressure and shall be connected to an approved sewer system in compliance with city ordinances. (Ord. 267, 7-20-1999) , / 9-9-6: STAIRWAYS, PORCHES AND BALCONIES: Every stairway, inside or outside of a dwelling, and every porch or balcony shall be kept in safe condition and sound repair. Stairs and handrails shall conform to the Andover building code standards 66. Every porch, balcony or deck which is thirty inches (30") or more above grade shall have a guardrail and shall be firmly fastened and maintained in good condition. No flight of stairs shall have settled out of its intended position or have pulled away from the supporting or adjacent structures enough to cause hazard. No flight of stairs shall have rotting, loose or deteriorating supports. Excepting spiral and winding stairways, the treads and risers of every flight of stairs shall be essentially uniform in width and height. Stairways shall be capable of supporting a live load of one hundred (100) pounds per square foot of horizontal projection. (Ord. 267, 7-20-1999) -17~ 9-9-7: ACCESS TO DWELLING UNITS: Access to or egress from each dwelling unit shall be provided without passing through any other dwelling unit. (Ord. 267, 7-20-1999) 9-9-8: SECURITY FOR RENTAL UNITS: No owner shall let or rent to another for occupancy any dwelling or dwelling unit unless all exterior doors of the dwellings or dwelling units are equipped with safe, functioning locking devices. Rental dwellings shall be furnished with door locks as follows: A. For the purpose of providing a reasonable amount of safety and general welfare for persons occupying multiple-family dwellings with common areas, an approved security system shall be maintained for each multiple-family building to control access. The security system shall consist of locking building entrance or foyer doors, and locked doors leading from hallways into individual dwelling units. Dead latch type door locks shall be provided with releasable lever knobs (or doorknobs) on the inside of building entrance doors and with key cylinders on the outside of the building entrance doors. Building entrance door latches shall be of a type that are is permanently locked. I B. Every door that provides ingress or egress for a dwelling unit within a multiple-family building shall be equipped with an approved lock that has a deadlocking bolt that cannot be retracted by end pressure; provided however, that such door shall be openable able to be opened from the inside without the use of a key or any special knowledge or effort. C. All multiple-family dwellings in existence prior to April 21, 1992, which were not previously required to have an approved security system, shall not be subject to the requirements of subsection A of this section. (Ord. 267, 7-20-1999) 9-9-9: MINIMUM STANDARDS FOR LIGHT AND VENTILATION: No person shall occupy as owner or occupant or let to another for occupancy any dwelling or dwelling unit for the purpose of living therein which does not comply with the following minimum standards for light and ventilation: A. Habitable Room Ventilation: Except where there is supplied some other device affording ventilation and approved by the building official, every habitable room shall have at least one window facing directly outdoors which can be opened easily. The minimum total of window area that can be opened in every habitable room shall be a minimum often percent (10%) eil!ht percent (8%) of the floor area of the room. B. Non-habitable Room Ventilation: Every bathroom and water closet compartment, and every laundry and utility room shall be provided with natural ventilation by means of windows, or skylights having an area of not less than fiye perecnt (5%) four percent (4 %) of the floor area of such rooms; except, that no windows shall be required if such rooms are equipped with a ventilation system which is approved by the building official. (Ord. 267, 7-20-1999; amd. 2003 Code) , / -/8'- / C. Electric Service, Outlets And Fixtures: Every dwelling unit and all public and common areas shall be supplied with electric service, functioning overcurrent protection devices, electric outlets, and electric fixtures which are properly installed, which shall be maintained in a safe working condition, and shall be connected to a source of electric power in a manner prescribed by ordinance, rules and regulations of the city and bylaws of the state. The minimum capacity of such electric service and the minimum number of electric outlets and fixtures shall be as follows: I. A dwelling containing one or two (2) dwelling units shall have at least the equivalent of 100-ampere, 3-wire electric service per dwelling unit. 2. Each dwelling unit shall have at least one branch electric circuit for each six hundred (600) square feet of dwelling unit floor area. (Ord. 267, 7-20-1999) 3. Every habitable room shall contain one electrical convenience outlet for each twelve (12) lineal feet, or major fraction thereof, measured horizontally around the room at the baseboard line; provided, that in each room, a ceiling type electric light fixture may be substituted for one of the required electrical convenience outlets. (Ord. 267, 7-20-1999; amd. 2003 Code) 4. Every water closet compartment, bathroom, kitchen, laundry room, and furnace room shall contain at least one supplied ceiling type or wall type electric convenience outlet. 5. Every public hall and public stairway in every multiple dwelling shall be adequately lighted to provide at least ten (10) foot-candles of illumination of all parts thereof at all times by means of properly located electric light fixtures; provided, that such electrical lighting may be omitted from sunrise to sunset where there are windows or skylights opening directly to the outside and where the total window or skylight area is at least one- tenth (1/10) of the combined horizontal area of the floor and stairway of each such public hallway and where such windows or skylight provide adequate natural light to all parts of each public hallway. Every public hall and stairway in dwellings containing two (2) dwelling units shall be supplied with convenient light switches, controlling an adequate lighting system that will provide at least ten (10) foot-candles of illumination on all parts thereof, which may be turned on when needed. 6. A convenient switch or equivalent device for turning on a light in each dwelling unit shall be located near the point of entrance to such unit. (Ord. 267, 7-20-1999) 9-9-10: MINIMUM STANDARDS FOR HEAT: A. Standards Established: No person shall occupy as owner or occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not have heating facilities which are properly installed and maintained in a safe and working condition and which are capable of safely heating all habitable rooms, bathrooms and water closet compartments in every dwelling unit located therein to aptemperature of at least sC'/cnty degrecs Fahrcnhcit (7001') or such lesser temperature required by goyernment authority to be muintuined at floor level, '.'<'Hen the outdoor temperature is twenty degrees below zero Fahrenheit (2001') sixtv-eil!ht del!rees -11- Fahrenheit (680F) at a point three feet (3') above the floor when the outside temperature is -16 del!rees Fahrenheit. B. Prohibited Heating Methods: 1. Gas or electric appliances designed primarily for cooking or water heating purposes shall not be considered as heating facilities within the meaning of this section. 2. Portable heating equipment employing flame and the use of liquid fuel does not meet the requirement of this section and is prohibited. 3. No owner or occupant shall install, operate or use a space heater employing a flame that is not vented outside the structure in an approved manner. (Ord. 267, 7-20-1999) 9-9-11: GENERAL MAINTENANCE REQUIREMENTS: No person shall occupy, as owner or occupant, or let to another for occupancy, any dwelling or dwelling unit for the purpose of living therein which does not comply with the following requirements: J A. Foundations, Exterior Walls And Roofs: The foundation, exterior walls and exterior roof shall be substantially watertight and protected against vermin and rodents and shall be kept in sound condition and repair. The foundation element shall adequately support the building at all points. Every exterior wall shall be free of structural deterioration or any other condition which might admit rain or dampness to the interior portion of the walls or to the interior spaces of the dwelling. The roof shall be tight and have no defects which admit rain and roof drainage and shall be adequate to prevent rainwater from causing dampness in the walls. All exterior surfaces, other than decay resistant materials, shall be protected from the elements and decay by paint or other protective covering or treatment. If approximately twenty five percent (25%) or more of the total exterior surface is unpainted or lacks protective coating or is determined by the building official to be deteriorated, the surface shall have a protective covering applied. If approximately twenty five percent (25%) or more of the total exterior surface of any brick, block or stone wall is loose or has fallen out, the surface shall be repaired. (Ord. 267, 7-20-1999; amd. 2003 Code) Any shinl!les. sidinl!. or other protective element that has become damal!ed or deteriorated beyond effectiveness or is missinl! shall be repaired or replaced in a timely manner. , B. Windows And Doors: Every window, exterior door and hatchway shall be substantially tight and shall be kept in good repair. Every window, other than a fixed window or storm window, shall be capable of being easily opened and closed. Every window, door and frame shall be constructed and maintained in such relation to the adjacent wall construction as to completely exclude rain, vermin and rodents from entering the building. C. Floors, Interior Walls And Ceilings: Every floor, interior wall and ceiling shall be protected against the passage and harborage of vermin and rodents and shall be kept in -20- sound condition and good repair. Every floor shall be free of loose, warped, protruding or rotting flooring materials. Every interior wall and ceiling shall be maintained in a tight, waterproof condition. Toxic paints or materials with a lasting toxic effect shall not be used. Every toilet room and bathroom floor surface shall be capable of being easily maintained. D. Rodent Infested Buildings: Buildings found to be rodent infested shall be made rodent resistant. All openings in the exterior walls, foundations, basements, ground or first floors and roofs which have one-half foot (1/2') diameter or larger openings shall be rodent- proofed in an approved manner. Interior floors or basements, cellars and other areas in contact with the soil shall be paved with concrete or other rodent impervious material. E. Fences: All fences supplied by the owner on the premises and ull f-cnces erected by an occupant on the premises shall consist of metal, '.vood, masonry or other decay resistant rnuterials. Fences shall be maintained in good condition. Materials, other than decay resistant '/arieties, shall be protected against deeay by use of puint or other preservutives shall conform to chapter 12-7 of this code. F. Accessory Structures: Accessory structures shall be structurally sound and be maintained in good repair. The exterior of such structures shall be made weather resistant through the use of decay resistant materials such as paint or other preservatives. All accessory structures shall conform to chapter 12-6 of this code. G. Safe Building Elements: Every foundation, roof, floor, exterior and interior wall, ceiling, inside and outside stair, every porch and balcony, and every appurtenance thereto, shall be safe to use and capable of supporting normal structural loads. H. Facilities To Function: All equipment or utilities required under city ordinances and every chimney and flue shall function effectively in a safe and working condition. I. Grading And Drainage: Every yard, court, or passageway on the premises on which a dwelling stands shall be graded and drained so as to be free of standing water that constitutes a detriment to health and safety. J. Yard Maintenance: Every yard of a premises on which a dwelling stands shall be maintained to prevent dust and erosion. (Ord. 267, 7-20-1999) 9-9-12: CONSTRUCTION REQUIREMENTS: Every dwelling within the city shall conform to the Andover Buildinl! Code (Ord. 267, 7-20-1999; amd. 2003 Code) 9-9-13: MAXIMUM DENSITY, MINIMUM SPACE FOR RENTAL UNITS: No person shall permit or let to be occupied any rental dwelling for the purpose ofliving therein which does not comply with the following requirements: / -2..-1- A. Permissible Occupancy Of Dwelling Unit: The maximum permissible occupancy of any rental dwelling unit shall be determined as follows: 1. For the first occupant, one hundred fifty (150) square feet of habitable room floor space and for every additional occupant thereof, at least one hundred (100) square feet of habitable room floor space. 2. In no event shall the total number of occupants exceed two (2) times the number of habitable rooms, less the kitchen, in the dwelling unit. B. One Family Per Dwelling Unit: Not more than one family, except for temporary guests, shall occupy a dwelling unit. (Ord. 267, 7-20-1999) 9-9-14: ADMINISTRATION AND ENFORCEMENT OFFICIAL; INSPECTIONS: A. The building official shall administer and enforce the provisions of this chapter when reason exists to believe that a violation of the provisions of this chapter has been or is being committed. Inspections shall be conducted during reasonable hours, and the building official shall present evidence of his/her official capacity to the owner or occupant in charge of the dwelling unit. The building official shall keep confidential all evidence, exclusive of the inspection record, which he/she may discover or obtain in the course of an inspection made pursuant to this section, and such evidence shall be considered privileged. B. If any owner, occupant, or other person in charge of a dwelling, dwelling unit, rooming unit, or of a multiple dwelling fails or refuses to permit free access and entry to the structure or premises under his control, or any part thereof, with respect to which an inspection authorized by this chapter is sought to be made, the building official may, upon a showing that probable cause exists for the inspection and for the issuance of an order directing compliance with the inspection requirements of this section with respect to such dwelling, dwelling unit, rooming unit, or multiple dwelling, petition and obtain such order from a court of competent jurisdiction. (Ord. 267, 7-20-1999) 9-9-15: UNFIT CONDITIONS: A. Unfit For Human Habitation: 1. Any dwelling, dwelling unit or rooming unit or portion thereof which is damaged, decaying, dilapidated, unsanitary, unsafe, vermin or rodent infested or which lacks provision for basic illumination, ventilation or sanitary facilities to the extent that the defects create a hazard to the health, safety or welfare of the occupants or of the public may be declared unfit for human habitation. Whenever any dwelling, dwelling unit or rooming unit has been declared unfit, the building official shall order same vacated within a reasonable time and shall post a placard on same indicating that it is unfit for human habitation, and any operating license previously issued for such dwelling shall be revoked pursuant to law. -2-2-- 2. It shall be unlawful for such dwelling, dwelling unit or rooming unit or portion thereof to be used for human habitation until the defective conditions have been corrected and written approval has been issued by the building official. It shall be unlawful for any person to deface or remove the declaration placard from any such dwelling unit. B. Unfit And Vacant Dwellings To Be Secured: The owner of any dwelling, dwelling unit or rooming unit which has been declared unfit for human habitation or which is otherwise vacant for a period of sixty (60) days or more shall make the same safe and secure so that it is not hazardous to the health, safety and welfare of the public and does not constitute a public nuisance. Any vacant dwelling open at doors, windows, or wall opening, if unguarded, shall be deemed to be a hazard to the health, safety and welfare of the public and is a public nuisance within the meaning of this chapter. C. Hazardous Building Declaration: In the event that a dwelling has been declared unfit for human habitation and the owner has not remedied the defects within a prescribed reasonable time, the dwelling may be declared a hazardous building and may be removed, razed or corrected pursuant to the provisions of Minnesota statutes sections 463.15 to 463.261. (Ord. 267, 7-20-1999) 9-9-16: COMPLIANCE ORDER; APPEALS; PENALTY: A. Issuance; Contents: Whenever the building official determines that any dwelling, dwelling unit or rooming unit or portion thereof is in violation of this chapter or any other ordinance, he/she may issue a compliance order setting forth violations of this chapter or any other ordinance and ordering the owner, occupant, operator or agent to correct such violations. This compliance order shall: 1. Be in writing. 2. Describe the location and nature of the violations of this chapter. 3. Establish a reasonable time frame, not to exceed sixty (60) days, to correct such violation and notify the owner of his appeal recourse. 4. Be served upon the owner, operator and occupant, or any of them; provided, that such notice shall be deemed to be properly served upon such owner, operator, or occupant if a copy thereof is: a. Served to him/her personally; or b. Sent by registered mail to his/her last known address; c. Upon failure to effect notice through subsection A4a or A4b of this section, service may be made pursuant to Minnesota statutes section 463.17, subdivision 2, which reads as follows: This order shall be served upon the owner of record, or his agent if in charge of the building, and upon the occupying tenant, if there is one, and upon all lien-holders of record, in the manner provided for service of a summons in a civil action. If the -23- owner cannot be found, the order shall be served upon him by posting it at the main entrance to the building and by four weeks' publication in the official newspaper of the municipality if it has one, otherwise in a legal newspaper in the county. (Ord. 267, 7-20-1999; amd. 2003 Code) B. Appeals: 1. When it is alleged by any person to whom a compliance order is directed that such compliance order is based upon erroneous interpretation of this chapter, or upon a misstatement or mistake of fact, such person may appeal the compliance order to the City Council. Such appeal must be accompanied by a filing fee as designated by City Council in cash or cashier's check and must be filed with the building official within five (5) business days after service of the compliance order. The filing of an appeal shall stay all proceedings in furtherance of the action appealed from unless such stay would cause imminent peril to life, health or property. /' 2. Upon at least five (5) business days' notice to the appellant of the time and place for hearing the appeal and within thirty (30) days after said appeal is filed, the City Council shall hold a hearing thereon. The City Council shall find that the order be reversed, modified or affirmed in whole or in part. C. Restrictions On Transfer Of Ownership During Pending Compliance Order: It shall be unlawful for the owner of any dwelling, dwelling unit or rooming unit upon whom a pending compliance order has been served to sell, transfer, mortgage or lease or otherwise dispose thereof to another person until the provisions of the compliance order have been complied with, unless such owner shall furnish to grantee, lessee or mortgagee a true copy of any notice of violation or compliance order and shall obtain and possess a receipt of acknowledgment. Anyone securing an interest in the dwelling, dwelling unit or rooming unit who has received notice of the existence of a compliance order shall be bound by same without further service of notice upon him/her and shall be liable to all penalties and procedures provided by this chapter. D. Execution Of Compliance Orders By Public Authority: Upon failure to comply with a compliance order within the time set therein, and no appeal having been taken, or upon failure to comply with a modified compliance order within the time set therein, the criminal penalty established hereunder notwithstanding, the city council, after due notice to the owner, may by resolution cause the cited deficiency to be remedied as set forth in the compliance order. The cost of such remedy shall be a lien against the subject real estate and may be levied and collected as a special assessment in the manner provided by Minnesota statutes chapter 429 for any reasons set forth in section 429.101, subdivision 1, and specifically for the removal and elimination of public health or safety hazards from private property, but the assessment shall be payable in a single installment. It is the intent of this section to authorize the city to utilize Minnesota statutes section 429.101 to promote the public health, safety and general welfare. E. Violation A Misdemeanor: Any person who fails to comply with a compliance order after a right of appeal has expired and any person who fails to comply with a modified -' - 2- f-J I compliance order within the time set therein, upon conviction thereof, shall be guilty of a misdemeanor. (Ord. 267, 7-20-1999) '\ I ~2S- \, ) Revision #81 City Code 12-4-5 Encroachments City Code 12-2-2 Dcfinitions Backl!round The latest suggested changes are reflected below in bold. The changes include a change in the definition to front yard porch, further language to identify and consistently use the term encroachment area, clearly identifying screens as permitted in the encroachment area and the addition of the words otherwise required as suggested by the Planning Commission. Please refer to the draft minutes from last meeting included in the packet. Proposed Changes Please note that Revision #81 revisits a section that has already been proposed for amendment (Revisions # 25, 26, 27, 28 and 31). For clarity the previously proposed changes are still shown with strikeouts and underlines but are not shown in bold. The new Revision #81 is shown with strikeouts and double underlines in bold. 12-2-2: Definitions: DECK: a horizontal. unenclosed olatform with or without attached railings. seats. trellises or other features. attached or functionalIv related to a orincioal use or site. J FRONT YARD PORCH: a oortico. veranda or colonnade consisting of a deck. railings and roof suooortcd bv columns. that mav be screened. and is located at the entrance or across the front of a residential dwelling unit. STOOP: a olatform or deck which is the too level of a stairwav svstem that extends from the entrance of a building, 12-4-5: PERMITTED ENCROACHMENTS: The following shall not be considered as encroachments on setback and height requirements, subject to other conditions hereinafter provided: A. In Any Yards: L Posts, flues, belt course, leaders, sills, pilasters, lintels, cornices, eaves, gutters, awnings, open terraces, open canopies, steps, flagpoles, chimneys, ornamental features, open fire escapes, sidewalks and window wells. / 2. Terraces, steps, exposed ramps (wheelchair), stoops, or similar features~ provided they do These features shall not extend aba'ie exceed the height ofthe ground floor level of the principal structure. ef nor shall they extend to a distance less than three feet (3') from any lot line fief or less than one foot (I') from any existing or proposed access drive. \ -u;~ 3. Yard lights and nameplate signs in residential districts, trees, shrubs, plants, floodlights, or other source of light illuminating authorized signs, or light standards for illuminating parking areas, loading areas or yards for safety and security reasons, provided the direct source of light is not visible from the public right of way or adjacent residential property. 4. All projections encroachments shall not exceed thirty-six inches (36") as measured at ground level. B. A porch or stoop for a dwelling not covered in subsection A.. shall be allowed to encroach up to eight feet (encroachment area) in front ofthe Dormal otherwise reauired front yard setback for a dwelling unit provided that: 1. In no case shall a porch be closer than twenty (20) feet from the front yard property line, 2. The front vard Dorch mav contain a screen, but windows and full walls shall be prohibited in the encroachment area. 3. Roof eaves shall not be allowed beyond the encroachment limit area for front and side yards ffiH and shall be comparable to the existing house. 4. A residential stoop shall only extend four (4) feet from the front porch, aOO-shall only be used as the top level of a stairway system and shall not be allowed beyond the encroachment limit area for front yards. B.c. In Side and Rear Yards (Not Along Street): Detached outdoor picnic shelters or living rooms !?:azehos or patio decks may extend to within ten feet (10') of a side or rear lot line: except, that No such structures shall exceed five hundred (500) square feet. bU. In Rear Yards: 1, Laundry drying equipment, Clotheslines, outdoor eating facilities, picnic tables, and recreational equipment, provided these are not less than ten feet (10') from any lot line. (Amended Ord. 8, 10-21-1970) 2, Decb are exempted from the rear yard setback requirements, eJccept that a dec1: may not be located eloser than fifteefl (15) feet from the rear property tiRe-, 2. Decks shall be allowed to encroach into the rear yard setback provided that no portion of the deck extends more than eight (8) feet into the othenvise required rear yard setback. / DE. Quasi Public Structures: No quasi-public structure shall be located within the public right of way except by permit issued by the governing body. Such structures shall include. but not be limited to: utility structures and enclosures. trash eoHtaiflers. bicycle -2-7 - racks, benches, planting boxes, awnings, flae13eles, light standards, stairs, stOOl'lS, light wells,loadinc wells. signs, and other such structures. (Amended Ord. 8, 10-21-1970) D. On Comer Lots (Including Rural }.reas) W& : On comer lots (including rural areas), nothing shall be placed or allo"."lCd te grow in such a mar.ner as materially to impede vision between u height oft\\'o and one halff.eet (2 1/2') and ten f-eet (10') above the centerline grades oCthe intersecting streets within fifteen feet (15') of the interseeting street right of way lines. This restriction shall also apply te the planting ef creps and to yard grades that result in elevations that impede vision 'Nithin fifteen feet (15') of any intersecting street right ofwuy lines. (l.mended Ord. 8, 10 21 1970; amd. 2003 Cede) E. Restrictions On Lot CO"iCrage: In no event shall eff street parking space, structures of any type, buildings or other fcatures cover more than se'/enty five percent (75%) of the lot area resulting in less than twenty five percent (25%) landscaped area in residential districts. F. Exemptions from Height Limits: Height limitatioRs shall not apply to barns, silos and other structures on farms, to church spires, belfries, capolas and domes, monaments, chimneys and sl11ol;estacks, flagpoles, publie and publie utility facilities, transmission towers of commercial and private radio broadcasting stations, tele'/ision aBteRRas, and parapet ',valls e:;tending not more thun four feet (1') above the limited height of the buildiRg except as herein provided. (:\mended Ord. &, 10 21 1970) Regular Andover Planning and Zoning Commission Meeting Minutes -June 28, 2005 Page 3 (excerpt) 1. City Code General Discussion Item - Front Porches At the previous meeting the group agreed to consider allowing front porches to encroach into the front yard setback area similar to the Woodbury example. On a similar topic, decks are currently required to meet rear yard setback requirements (between 30 and 50 feet depending upon the Zoning District). The Building Department has traditionally allowed decks to encroach in the rear yard setback if the deck is constructed as a "free standing accessory structure". Staff would like the Commission to discuss the potential for a provision, also currently used by Woodbury: "Decks are also exempt from the rear yard setback requirements, except that a deck may not be located closer than fifteen (15) feet from the rear property line." Commissioner Jasper stated on the porches, based on previous discussions, he would like to make sure nothing extends beyond eight feet. In the changes it says eight feet plus eves, which are really undefined and could be another three or four feet. Commissioner Vatne indicated likewise the stoop up to four feet. -23~ Mr. Bednarz wondered if it also included stairs. He noted on page 30, part 2, they have some exemptions there already in the existing code and although it isn't right now, the way it would be interpreted or linked together would be eight feet plus up to three feet of those items so then they would be up to eleven feet and what the Commission is saying is eight feet total including other items. The Commission agreed that eight feet should encompass all parts of the front porch with nothing, except stairs, encroaching further. Chairperson Daninger stated in the back, the change would allow up to fifteen feet for a deck. Commissioner Vatne thought it was reasonable. Commissioner Jasper stated he would not allow it. There is a reason for backyard setbacks and he did not think there was any reason to make a blanket exception for a deck. If they are going to do that, they might as well allow any structure or addition back there and he did not see a rationale reason to reduce a setback for this type of structure. Chairperson Daninger asked what the reason was for the change. Mr. Bednarz stated they see a lot of thcse requests in a summer on urban lots. Commissioner Jasper suggested the deck be the same as the porch. If the porch encroached by eight feet then the deck could encroach by eight feet to keep it consistent. Mr. Bednarz indicated he liked that suggestion and thought it made a lot of sense. Commissioner Jasper asked on page 30, the new C. It talks about rear yard picnic shelters, the extension, the size within ten feet of the lot line and not more than five hundred square feet for picnic shelters, living rooms or patio decks. It seems to make an exception for a living room to go within ten feet of the rear lot line which did not make any sense to him. He understood the picnic shelter or patio deck but he thought the words living room should be stricken because it could be construed as an extension of the house. Commissioner Holthus thought it should be replaced with Gazebo. Commissioner Jasper stated he did not have a problem with changing it to Gazebo. -z. ( - Revision # 82 6-4 SNOWMOBILES, ALL-TERRAIN VEHICLES, AND OFF-HIGHWAY MOTORCYCLES Backl!round A resident has come forward and requested that changes be made to the City Code regarding the use of dirt bikes. The resident presented a series of additions she felt could be added to the City Code to limit the nuisance created by the use of motorbikes on residential property. As a discussion item at their June 14th, 2005 meeting, the Planning Commission debated the resident's ideas and recommended two changes to Title 6, Chapter 4 ofthe City Code, "Snowmobiles and ATV's." Proposed Chanl!es A definition of "Off-Highway Motorcycles" will be added to Title 6, Chapter 4. Language will also be added that will limit the use of Off- Highway Motorcycles to the hours bctween 8:00 AM and 8:00 PM. To help illustrate what our State Statutes have in regard to A TV's and motorcycles, please find the applicable statutes attached to this report, as well as Title 5, Chapter 6, "Noise Control" and Title 6, Chapter 4, "Snowmobiles and All-Terrain Vehicles" as they currently appear in the Codc. At their July 26t\ 2005 mceting, the Planning Commission recommended the following changes: · "Off-Highway Motorcycles" be added to the title of Chapter 6-4 · "(OHM)" be added to the title ofthe definition for off-highway motorcycles · "AND ATV'S" be addcd to the title and body of Chapter 6-4-10 See draH minutes. DEFINITIONS: OFF-HIGHWAY MOTORCYCLE (OHM): A motorizcd, off-hil!hway vehicle travelinl! on two wheels and having a seat or saddle desil!ned to be straddled by the operator and handlebars for stccrinl! control, includinl! a vehicle that is rel!istered under chapter 168 for highwav use when it is used for off-hil!hway operation on trails or unimproved tcn-ain. (M.S. 84.787 subd. 7) .......................................................................................................... 6-4-8: EXEMPTIONS FROM PROVISIONS: The city's enforcement agency or the county sheriff's department, in order to provide enforcement, shall be exempt from the requirements of this chapter. (Amended Ord. 109, 6-6-1995) -3d - 6-4-9: VIOLATION; PENALTY: Any person violating any provision of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in section 1-4-1 of this code. (Amended Ord. 109,6-6-1995; amd. 2003 Code) 6-4-10: OFF-HIGHWAY MOTORCYCLES AND ATV'S; HOURS OF OPERATION Off-highway motorcycles and A TV's shall not be operated between the hours of 8:00 PM and 8:00 AM within the Citv. ~.3 / - Revision #83 Crematorium Regulations j Backl!round At the last meeting the Commission was generally in favor of allowing crematoriums as a conditional use in the General Business and Industrial Zoning Districts and including funeral homes as a permitted use in the Industrial Zoning District. The Commission also was interested in applying a 300 foot setback between crematoriums and residential properties. These changes are reflected below in bold. Please refer to the draft minutes from the last meeting included in the packet. Limitation on Operations Staff suggests the definition of crematorium clarify its role as part of a funeral service conducted on site and the scope of any other operations would be specifically defined through the conditional use permit process subject to limitations based on the location, size ofthe site, surrounding land uses and any other health or safety concerns raised by the Council. Proposed Chanl!e 12-2-2: DEFINITIONS Cemetery: Land used for the burial of human bodies. excluding crematoriums. Crematorium: A place within a funeral home where bodies are consumed by incineration and the ashes of the deceased are collected for permanent burial or storage in urns as a part of a funeral conducted on the site subiect to the setback requirements of City Code 12-5. Any other cremations shall be subiect to limitations by the City Council through the conditional use permit process based on the location. size of the site. surrounding land uses and any other health or safety concerns. Mortuary and Funeral Home: A building used for human funeral services that may contain space and facilities for funeral services. preparation of the dead for burial, the performance of autopsies and other surgical procedures on the dead. the storage of caskets. funeral urns. and other related funeral supplies and the storage of funeral vehicles. A funeral home shall not include facilities for cremation. unless allowed by a conditional use permit. A funeral chapel shall be considered an accessory use to a funeral home. CITY CODE 12-13 PERMITTED, CONDITIONAL, AND PROHIBITED USES ENUMERATED Permitted, Permitted Accessory, Zoning Districts Conditional, and Prohibited Uses R-] R-2 R-3 I R-4< R-5 M- M- GR LB NB SC GB I 1 2 Cemetery C C C C C C C .ematorium C .c I ,..ineral home P P P P f CITY CODE 12-5-3 SETBACKS ADJACENT TO RESIDENTIAL AREAS: -3z. - A. Business Districts: Where a business district is adjacent to a residential district, the minimum building setback from the lot line shall be thirty five feet (35'). .I B. Industrial Districts: In the case of industrial districts, such minimum setback shall be seventy five feet (75'). (Amended Ord. 8, 10-21-1970) C. Crematorium: A structure containinl! a crematorium shall be setback a minimum of 300 feet from any residential property line and shall also be required to meet the minimum setback requirements of City CodeI2-3-4. Regular Andover Planning and Zoning Commission Meeting Minutes - June 28, 2005 Page 2 (excerpt) VI. Crematorium Regulations Crematoriums are currently not allowed in Andover due to the fact that they are not defined or listed in the uses section of the City Code. As with other controversial land uses, cities that do not provide a location for them may be compelled to allow them in a location that may be less desirable if challenged. Therefore, it is important that the City designate appropriate zoning district(s) and regulations to provide an enforceable community standard for this land use. Crematoriums located in funeral homes generally require a conditional use permit and are located in commercial districts. Funeral homes are a permitted use in all of Andover's commercial zoning districts. Staff suggests that crematoriums be established as a conditional use in General Business (GB) Zoning District. As this district abuts residential property in different locations around the City, the Planning Commission may want to consider an additional setback between crematoriums and residential districts. Commissioner Greenwald asked if someone came in for a Conditional Use Permit, would it require a public hearing. Mr. Bednarz stated it would. Commissioner Greenwald wondered if they wanted to allow crematoriums in Andover at all. The majority of the Commission thought they should. Chairperson Daninger stated he liked staff suggestion to allow it in General Business and he was in favor of a Conditional Use Permit He thought this would give a buffer like a liquor license and they have to respect the perception of residents and by putting a certain distance, they would need to be careful not to make the distance so great that the setbacks would overlap. Commissioner Greenwald wondered on the CUP what would be the reason to deny it. Would it be specifically that it would not meet some setbacks or because they do not want it. Chairperson Daninger thought it was like the drive through. They need a CUP to make sure it follows regulations and so it can go to a public hearing and attach reasonable conditions. / The majority of the Commission thought crematoriums should be a conditional use in General Business Districts but that more information was needed to determine an appropriate setback from residential. -33~ The Commissioners discussed how far the buffer should be from residential homes in the City. Mr. Bednarz indicated staff would bring back more information to help the Commission make a decision. Commissioner Jasper asked if they should limit the crematorium use to only those funerals at the site or allow off site funeral homes to use the crematorium. He stated he was not comfortable with bringing in large quantities of bodies from other funeral homes. Chairperson Daninger stated they could control this through the CUP. Commissioner Jasper stated he would rather include it in the original regulations. Chairperson Daninger did not know if that would be too restrictive. Commissioner Greenwald noted the machines are pretty expensive too. Commissioner Casey stated the investment in the equipment would cause business owners to want to retain flexibility on when it could be used. Chairperson Daninger thought they should look at the recommended distance from schools and residents and what appropriate limitations on the intensity of the operation should be. Commissioner Holthus indicated the chart does not indicate a crematorium in Minneapolis. Mr. Bednarz stated the chart is incorrect because Minneapolis has at least two of them. " Commissioner Vatne thought these should be set up like a liquor store and he thought it would be wise to put some type ofIimitations in, such as twenty miles for cremation services and limit the hours. Mr. Bednarz indicated staff would bring back more information and include the suggested changes. -.Jr~ / @) 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US CC: Mayor and City Council Jim o;ok'",<on, C'ty Admin"tra~ Vicki V olk, City Clerk TO: FROM: SUBJECT: Consider Premises Permit! Andover Huskies Youth Hockey Assn. DATE: September 6, 2005 INTRODUCTION The Andover Huskies Youth Hockey Association has applied for a premises permit to conduct lawful gambling at Andover Lanes, 13633 Martin Street NW. / DISCUSSION The hockey association has entered into a lease with Andover Lanes to conduct lawful gambling. In addition to the sale of pull-tabs they have included as part of their lease bar bingo and meat raffles using a paddlewheel to pick the winning numbers. In August 2001, Council amended the gambling ordinance to exclude paddlewheel gambling. Because the ordinance does not specify whether this includes meat raffles, staff is not clear whether a meat raffle using a paddlewheel is prohibited. The Gambling Control Board considers meat raffles using a paddlewheel as lawful gambling. If Council allows meat raffles using a paddlewheel the ordinance should be amended Attached is a copy of that portion of the ordinance for your review. ACTION REQUIRED Council is requested to consider approval ofthe premises permit for the Andover Huskies Youth Hockey Association. Attached are 2 resolutions. One allows meat raffles using a paddlewheel and the other allows meat raffles without a paddlewheel. Respectfully submitted, u'ura Vicki Volk City Clerk / Attach: Lease for Lawful Gambling Activity Section 5-3-5 ofthe Gambling Ordinance Resolutions (2) / / Business/street address i.ft.< W4vJ l/i. 1)1'. Business/street address CiIy /Ja.ufc;v' 'C-V City ;jp,d rIVe- City Stale Zip IVN ffio Stale Zip I'W GO <IV Stale Zip 8/05 Page 1 of 2. Daytime phone 763-~2-m Daytime phone 7b~5V_(?OO Daytime phone 1J J"S- 8'tf Daytime phone Check all activities that will be conducted: YPull-tabs ~Pull-tabs wittI dispensing device k lipboards .)(Paddlewheel _Paddlewheel with table _Bingo XBar bingo Pull-tab, Tipboard, and Paddlewheel Rent (No lease required for raffles.) Booth operation - sales of gambDng equipment by an employee Bar operation - sales of gambDng equipment within a leased (or volunteer) of a licensed organization within a separate endosure premises by an employee of the lessor from a common area where that is distinct from areas where food and beverages are sold. food and beverages are also sold. r-------~yo~~ani~ti~Ma~~~o~~on~nductgambling-------, from a booth operation at this location? X Yes No L_________________________==_________J If you answered yes lD the question above, rent limits are If you answered no lD the question above, rent limits are based on the following rombinations of operation: based on the following combinations of operation: - Booth operation - Bar operation - Booth operation and pull-tab dispensing device - Bar operation with pull-tab dispensing device - Booth operation and bar operation - Pull-tab dispensing device only ... Booth operation, bar operation, and pull-tab dispensing device ; , The maximum rent allowed may not exceed $1,750 in lDtal per month for all organizations at this premises. The maximum rent allowed may not exceed $2,500 in lDtal per month for all organizations at this premises. Complete one option: Option A: 0 to 10% of the gross profits per month. Percentage lD be paid % Complete one option: Option A: 0 lD .20% of the gross profits per month. Percentage lD be paid % Option B: When gross profits are $4,000 or less per month, $0 lD Option B: When gross profits are $1,000 or less per month, $0 $400 per month may be paid. Amount lD be paid $ lD $200 per month may be paid. Amount to be paid $ Option C: $0 lD $400 per month may be paid on the first $4,000 of gross profit. Amount lD be paid $ :..e- . Plus 0% lD 10% of the gross profits may be paid per month on gross profits over $4,000. Percentage lD be paid / () % . Option C: $0 lD $200 per month may be paid on the first $1,000 of gross profits. Amount lD be paid $ . Plus 0% lD 20% of the gross profits may be paid per month on gross profits over $1,000. Percentage lD be paid % Bingo Rent Option D: 0 lD 10% of the gross profits per month from all lawful gambling activities held during bingo occasions, exduding bar bingo. Percentage lD be paid % Option E: A rate based on a rost per square foot not lD exceed 110% of a romparable rost per square foot for leased space, as approved by the director of the Gambling Control Board. No rent may be paid for bar bingo. Rate lD be paid $ per square foot. The lessor must attach documentation, verified by the organization, lD ronfirm the romparable rate and all applicable rosts lD be paid by the organization lD the lessor. Bar Bingo Rent _ Option F: No rent may be paid for bingo ronducted in a bar. r------------, For any new bingo activity not previously I I inducted in a Premises Permit Application, I attach a separate sheet of paper listing the I days and hours that bingo will be ronducted. L____________J Amended Lease Only If this is an amended lease showing changes occurring during the term of the Qlrrent premises permit. both parties that signed the lease must initial and date all changes. Olanges must be submitted lD the Gambling Control Board at least 10 days prior lD the change. Write in the date that the changes will be effective --1--1_. Lessor Date Organization Date / LG215 Lease for Lawful Gambling Activity 8{05 Page 2 of 2 Lease Tenn - The tenn of this lease agreement will be concurrent with the premises pennit issued by the Gambling Control Board (Board). Management of Gambling Prohibited - The owner of the premises or the lessor will not manage the conduct of gambling at the premises. Participation as Players Prohibited - The lessor, the lessor's immediate family, and any agents or gambling employees of the lessor will not participate as players in the conduct of lawful gambling on the premises. / Illegal Gambling . The lessor is aware of the prohibition against megal gambling in Minnesota Statutes 609.75, and the penalties for illegal gambling violations in Minnesota Rules 7861.0050, Subpart 3. In addition, the Board may authorize the organization to withhold rent for a period of up to 90 days if the Board detennines that illegal gambling ocx:urred on the premises and that the lessor or its employees participated in the megal gambling or knew of the gambling and did not take prompt action to stop the gambling. Continued tenancy of the organization is authorized without the payment of rent during the time period detennined by the Board for violations of this provision. . To the best of the lessor's knowledge, the lessor affirms that any and all games or devices located on the premises are not being used, and are not capable of being used, in a manner that violates the prohibitions against illegal gambling in Minnesota Statutes 609.75, and the penalties for illegal gambling violations in Minnesota Rules 7861.0050, Subpart 3. . Notwithstanding Minnesota Rules 7861.0050, Subpart 3, an organization must continue making rent payments, pursuant to the tenns of the lease, if the organization or its agents are found to be solely respOI1SIble for any illegal gambling conducted at that site that is prohibited by Minnesota Rules 7861.0050, Subpart 1, or Minnesota StaMes 609.75, unless the organization's agents responsible for the illegal gambling activity are also agents or employees of the lessor. . The lessor shall not modify or t:enninate the lease in whole or in part because the organization reported to a state or local law enforcement authority or the Board the ocwrrence at the site of illegal gambling activity in which the organization did not participate. Other Prohibitions . The lessor will not impose restrictions on the organization with respect to providers (distJibutors) of gambling-related equipment and services or in the use of net profits for lawful purposes. . The lessor, person residing in the same household as the lessor, the lessor's immediate family, and any agents or employees of the lessor will not require the organization to perfonn any action that would violate statute or rule. If there is a dispute as to whether a violation of this provision ocx:urred, the lease will remain in effect pending a final detennination by the Compliance Review Group (mG) of the Gambling Control Board. The lessor agrees to arbitration when a violation of this provision is alleged. The arbitrator shall be the mG. . The lessor shall not modify or tenninate this lease in whole or in part due to the lessor's violation of the provisions listed in this lease. Access to pennitted premises - The Board and its agents, the rommissioners of revenue and public safety and their agents, and law enforcement personnel have aa:ess to the permitted premises at any reasonable time during the business hours of the lessor. The organization has aa:ess to the pennitted premises during any time reasonable and when necessary for the conduct of lawful gambling on the premises. Lessor records - The lessor shall maintain a record of all money received from the organization, ahd make the record available to the Board and its agents, and the commissioners of revenue and public safety and their agents upon demand. The record shall be maintained for a period of J., 1/2 years. Rent all-inclusive - Amounts paid as rent by the organization to the lessor are all-indusive. No other services or expenses provided or contracted by the lessor may be paid by the organization, including but not limited to trash removal, janitorial and deaning services, snow removal, lawn services, electricity, heat, security, security monitoring, storage, other utilities or services, and in the case of bar operations, cash shortages. Any other expenditures made by an organization that is related to a leased premises must be approved by the direclDr of the Gambling Control Board. Rent payments may not be made to an individual. Acknowledgment of Lease Tenns All obligations and agreements are contained in or attached to this lease and are subject to the approval of the director of the Gambling Control Board. I affirm that the lease information is the total and only agreement between the lessor and the organization. There is no other agreement and no other consideration required between the parties as to the lawful gambling and other matters related to the lease. Any changes in this lease will be submitted to the Gambling Control Board at least 10 days prior to the effective date of the change. If a renegotiated lease is made due to a change in ownership, the new lease will be submitted within 10 days after the new lessor has assumed ownership. Ust or attach other tenns or conditions (must be approved by director of Gambling Control Board) Signature of lessor ~'I,:" Questions on this form should be directed to the Ucensing Section of the Gambling Control Board (Board) at 651-639-4000. This publicatio will be made available in altemative format (i.e. large print, Braille) upon request. If you use a TlY, you can call the Board by using the Minnesota Relay Service and ask to place a call to 651-63!HOOO. The information requested on this form will become public information when received by the Board, and will be used to determine your compliance with Minnesota statutes and rules governing lawful gambling activities. 5-3-5: APPROVED ORGANIZATIONS: Page 1 of 1 5-3-5: APPROVED ORGANIZA liONS: / A. In order to be eligible for a premises permit, an organization must meet each of the following requirements: 1. The organization has at least fifteen (15) members that are residents of the city. Such organization must conduct regular meetings at least monthly, and each person must attend not less than fifty percent (50%) of all regularly scheduled meetings and pay dues annually in order to be considered a member of such organization for qualification under this chapter. 2. The physical site for the organization headquarters or the registered business office of the organization is located within the city and has been located within the city for at least two (2) years immediately preceding the application for a license. 3. The physical site where the organization regularly holds its meetings and conducts its activities, other than lawful gambling and fundraising, is in the city and has been located within the city for at least two (2) years immediately preceding application for a license. 4. Meet all the qualifications fora lawful gambling license issued by the board. 5. The paddle wheel game is prohibited, and no premises permit shall be issued to any organization to conduct the paddle wheel game. / 6. Leases to an organization for lawful gambling shall have a monthly rental payment not to exceed one thousand dollars ($1,000.00). In addition, utilities shall be limited to twenty five percent (25%) of the permitting facility's actual cost, not to exceed seven hundred fifty dollars ($750.00) per month. B. Any organization, which meets the conditions set forth above shall certify in writing on its application which conditions are being met. (Amended Ord. 258,5-4-1999) http://www.sterlingcodifiers.comIMN/Andover/06003000000005000.htm 8/26/2005 I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION A RESOLUTION APPROVING A PREMISES PERMIT FOR THE ANDOVER HUSKIES YOUTH HOCKEY ASSOCIATION TO CONDUCT LAWFUL GAMBLING (INCLUDING PULL-TABS, TIPBOARDS, MEAT RAFFLES USING A PADDLEWHEEL AND BAR BINGO) AT ANDOVER LANES, 13633 MARTIN STREET NW, ANDOVER, MN. WHEREAS, the Andover Huskies Youth Hockey Association has submitted an application to the City of Andover for a premises permit to operate lawful gambling at Andover Lanes, 13633 Martin Street, Andover, MN; and WHEREAS, per Minnesota Gambling Control requirements, a resolution must be adopted by the City Council within 60 days of receipt of the application. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Anoka County, Minnesota, that a premises permit for lawful gambling, including pull-tabs, tipboards, meat raffies using a paddlewheel and bar bingo, conducted by the Anoka Huskies Youth Hockey Association is hereby approved. Adopted by the City Council of the City of Andover this _ day of ,2005. CITY OF ANDOVER Attest: Michael R. Gamache - Mayor Victoria Volk - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION A RESOLUTION APPROVING A PREMISES PERMIT FOR THE ANDOVER HUSKIES YOUTH HOCKEY ASSOCIATION TO CONDUCT LAWFUL GAMBLING (INCLUDING PULL-TABS, TIPBOARDS, MEAT RAFFLES AND BAR BINGO) AT ANDOVER LANES, 13633 MARTIN STREET NW, ANDOVER, MN. WHEREAS, the Andover Huskies Youth Hockey Association has submitted an application to the City of Andover for a premises permit to operate lawful gambling at Andover Lanes, 13633 Martin Street, Andover, MN; and WHEREAS, per Minnesota Gambling Control requirements, a resolution must be adopted by the City Council within 60 days of receipt of the application. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, Anoka County, Minnesota, that a premises permit for lawful gambling, including pull-tabs, tipboards, meat raffies and bar bingo, conducted by the Anoka Huskies Youth Hockey Association is hereby approved. Adopted by the City Council of the City of Andover this _ day of .2005. CITY OF ANDOVER Attest: Michael R. Gamache - Mayor Victoria V olk - City Clerk ,^NDbVE~ @ '. 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US CC: Mayor and City Council ~ Jim Dickinson, City Administrator~ Vicki V olk, City Clerk TO: FROM: SUBJECT: Review 2:00 a.m. Bar Closing DATE: September 6, 2005 INTRODUCTION On July 20, 2004 the City Council adopted an amendment to the liquor ordinance allowing establishments to be open until 2:00 a.m. with a special permit. As part of the discussion, council asked that this ordinance be reviewed in one year. DISCUSSION Pov's Sports Bar is the only establishment that serves alcohol until 2:00 am. The Sheriff's Office has stated that it is very difficult to ascertain whether people stopped for driving under the influence of alcohol were drinking at Pov's or somewhere else. The Clerk's office has not received any complaints from the public about Pov's being open until 2:00 a.m. Council also requested staff to consider an additional fee for the 2:00 am license. The following cities charge a fee: Anoka Coon Rapids Ramsey $200.00 $300.00 $300.00 ACTION REQUIRED No action is required unless Council wishes to rescind the 2:00 am closing or to charge a fee for the 2:00 am closing. Respectfully submitted, {[L'~./i/ Vicki V olk City Clerk Cc: Brad Povlitzki, Pov's Sports Bar, 1851 Bunker Lake Boulevard NW, Andover, MN C I T Y 0 F NDOVE @ / 168.5 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/Finance Director SUBJECT: Adopt 2006 Preliminary Tax Levy DATE: September 6, 2005 INTRODUCTION Each year the City Council is required by state law to approve a preliminary budget and submit a preliminary levy certification to Anoka County Property Records and Taxation Division by September 15th. DISCUSSION The 2006 Preliminary Levy certification is the outcome of the budget workshops held on July 28, 2005 and August 23, 2005. The Preliminary 2006 Budget proposes a total property tax levy of $8,550,919: $5,673,608 (66.4%) operational levy, $1,831,565 (21.4%) debt service levy, and $1,045,746 (12.2%) capital levy. The Council has the right to reduce or keep constant this levy until the final certification date of December 28, 2005. , / BUDGET IMPACT This is the first step in establishing an operating budget for 2006. ACTION REQUIRED The Andover City Council is requested to approve the attached resolution that indicates a total preliminary levy of $8,550,919 to be submitted to the Anoka County Property Records and Taxation Division by September 15th. Attachments: Resolution Adopting the Proposed 2006 Property Tax Levy ./ Attachment A - Proposed 2006 Property Tax Levy ../ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION ADOPTING THE CITY OF ANDOVER 2006 PROPOSED PROPERTY TAX LEVY TO BE CERTIFIED TO THE COUNTY AUDITOR. WHEREAS, the preparation and adoption of operating budgets is recognized as sound financial practice; and WHEREAS, the City of Andover receives significant financial support from its residents through the payment of property taxes; and WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the public's funds; and WHEREAS, Minnesota State Law requires the City to certifY to the County Auditor a proposed tax levy and budget prior to September 15, 2005. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby adopts the proposed 2006 property tax levy totaling $8,550,919 as listed on Attachment A. Adopted by the City of Andover this 6th day of September 2005. CITY OF ANDOVER A TrEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk STATE OF MINNESOTA) COUNTYOFANOKA ) CITY OF ANDOVER ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, do hereby certify that I have carefully compared the attached Resolution No. adopting the 2006 Proposed Property Tax Levy with the original record thereof preserved in my office, and have found the same to be true and correct transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand this 6th day of September 2005. . / Victoria V olk - City Clerk CITY OF ANDOVER, MINNESOTA Proposed 2006 Property Tax Levy Attachment A / 2006 Proposed Levy General Fund Levy $ 5,586,180 Debt Service Funds Levy 2001C G.O. Equipment Certificate 2003C G.O. Equipment Certificate 2004A G.O. Capital Improvement Bonds 2004 EDA Public Facility Revenue Bonds 2005B G.O. Capital Improvement Bonds 2005B G.O. Equipment Certificate 283,537 132,180 364,788 847,350 137,922 65,788 Total Debt Service 1,831,565 Other Levies Fire Levy 54,032 Capital Projects Levy Capital Equipment/Project Parks Projects Road & Bridge Pedestrian Trail Maintenance 209,296 54,384 734,686 47,380 Lower Rum River Watershed 33,396 Gross City Levy $ 8,550,919 Operational Levy Debt Service Levy Capital Levy 2006 Proposed Levy $ 5,673,608 1,831,565 1,045,746 $ 8,550,919 CITY OF NDOVE @ I 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 AdministratorfFinance Director SUBJECT: Adopt 2006 Debt Service Levy Changes DATE: September 6, 2005 INTRODUCTION Anoka County Property Records and Taxation Division requires a City Council resolution changing bonded indebtedness levies for 2006 that would have been certified to Anoka County as part of prior years bond sales. DISCUSSION When the City issues bonds, a certification of the bonded indebtedness levy is sent to Anoka County. The County is charged with assuring on an annual basis that local government bonded indebtedness payments are made. To assist in monitoring, the County is requesting a resolution that would update all or a portion of previously certified bonded indebtedness levies. Attached is a resolution to update bonded indebtedness levies along with a brief description as to why there was a change. BUDGET IMPACT The 2006 City of Andover Debt Service Budgets are current and up-to-date. This resolution is to inform the County of any changes that have taken place in the past year as well as any new issuances proposed to be levied for 2006. ACTION REQUIRED The Andover City Council is requested to approve the attached resolution that would update certified bonded indebtedness levies for 2006. Attachment: Resolution Updating Certified Bonded Indebtedness for 2006 / Attachment A - 2006 Proposed Levy Certification Debt Changes /' , I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION UPDATING CERTIFIED BONDED INDEBTEDNESS FOR 2006. WHEREAS, the preparation and adoption of budgets is recognized as sound financial practice; and WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the public's funds; and WHEREAS, the City of Andover has determined that it is prudent to update certified bonded indebtedness levies for 2006; and WHEREAS, the Anoka County Property Records and Taxation Division is requiring a City Council resolution updating bonded indebtedness levies that would have been certified Anoka County as part of prior year bond sales. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby updates all or a portion of previously certified bonded indebtedness levies for 2006 as listed on Attachment A. Adopted by the City of Andover this 6th day of September 2005. CITY OF ANDOVER A TrEST: Michael R. Gamache - Mayor Victoria Volk - City Clerk .STATE OF MINNESOTA) COUNTYOFANOKA ) CITY OF ANDOVER ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, do hereby certify that I have carefully compared the attached Resolution No. adopting the City of Andover updates of all or a portion of previously certified bonded indebtedness levies for 2006 with the original record thereof preserved in my office, and have found the same to be true and correct transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand this 6th day of September 2005. Victoria V olk - City Clerk Attachment A / CITY OF ANDOVER 2006 Proposed Levy Certification Debt Changes County Levy City Levy Levy GENERAL OBLIGATION DEBT Scheduled Scheduled Changes Variance Explanation 502001 GO Capital Equipment Cert. 283,537 283,537 ok 55 2003C GO Equipment Certificate 132,180 132,180 ok 56 2004A GO Capital Improvement Bonds 364,788 364,788 ok 58 2005A GO Tax Increment Bonds (800) (800) Tax increment supported debt 59 2005B GO Bonds 126,200 203,710 (77,510) County not using full schedule 2004 EDA Public Facility Lease Rev 847,350 (847,350) Lease revenue payment per pledge agreement Total $ 905,905 $ 1,831,565 $ (925,660) C I T Y 0 F NDOVE @ 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 - Miscellaneous Business Items DATE: September 6, 2005 INTRODUCTION The Council is requested to schedule a Special Council Workshop for the month of September. A number of business items will be addressed at this meeting. DISCUSSION Tentative agenda items for a September workshop have been identified as follows: 1. Continued Discussion on Transportation Funding 2. Rural Reserve Discussion 3. Transportation Plan Update 4. Drainage & Utility Easements 5. 2006 Budget Discussion - continued 6. Other Business Other items may be added upon request. ACTION REQUIRED Schedule a City Council Workshop, a suggested date is Tuesday September 27th at 6:00 or 7:00 pm. ~NDbVE~ @ " / 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 EDA meeting DATE: September 6, 2005 INTRODUCTION The Council is requested to schedule an Economic Development Authority (EDA) meeting on September 20th at 6:00 pm. DISCUSSION Tentative agenda items for a September 20th EDA meeting have been identified as follows: 1. Andover Station North Development Improvements 2. Letters of Intent/Purchase Agreements Review 3. 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 REOUlRED Schedule an EDA meeting for Tuesday, September 20, 2005 at 6:00 pm. @ '\ 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/Finance Director SUBJECT: Set Truth in Taxation Hearing Date DATE: September 6,2005 INTRODUCTION This year the Andover City Council is required to hold Truth in Taxation meetings. These meetings give the public the opportunity to comment on the proposed 2006 budget and tax levy. \ DISCUSSION: The first hearing date selected by the City will be for the initial hearing to present the proposed levy and budget to the public. If the initial hearing is not sufficient for all public comment and further discussion is required, a continuation hearing will be necessary. The date and time of continuation hearing must be announced before the close of the initial hearing. The continuation hearing must occur at least 5 but no more than 14 business days after the initial hearing. If a continuation hearing is not necessary, the City must announce the date and time of a subsequent hearing for the official adoption of the final levy and budget. The announcement must be made prior to the end of the initial hearing. The Andover City Council is requested to set an initial Truth in Taxation Public Hearing date from the suggested dates as follows: Initial hearing date: Monday December 5,2005 at 7:00 PM Monday December 12,2005 at 7:00 PM Continuation hearing date: Tuesday, December 20, 2005 a regular City Council meeting. Official adoption date: Tuesday, December 20, 2005 a regular City Council meeting. ACTION REOUlRED The Andover City Council is requested to select a Truth-in- Taxation hearing date. '\ CITY OF NDOVE @ 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: September 6,2005 The City Administrator will give 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. Community Center Update 2. Update on Road Construction Projects 3. Development Activity Updates 4. 2006 Budget Progress Updates 5. Significant City Department Activities 6. Miscellaneous Projects 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. / DATE September 6.2005 ITEMS GIVEN TO THE CITY COUNCIL ~ Grey Oaks 2nd Addition Preliminary Plat ~ Land Use Map/Revise Transitional Commercial/lndustrial u~i~ PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA. THANK YOU. G:IDATAISTAFF\RHONDAAIAGENDAICC L1ST.doc C I T Y 0 F NDOVE 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(vL SUBJECT: Supplemental Agenda Items for September 6, 2005, 2005 City Council Meeting DATE: September 6, 2005 The City Council is requested to review the supplemental material for the following Agenda Items: Accept Additional Information under Approval of Minutes Item #1. Approval of Minutes (Supplemental) - Clerk Respectfully submitted, /4- Jim Dickinson City Administrator CITY OF NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and City Council CC: Jim Dickinson, City Administratorttl~ FROM: Vicki V olk, City Clerk SUBJECT: Approval of Minutes - Supplemental DATE: September 6, 2005 INTRODUCTION The minutes from the August 23, 2005 Council Workshop have not been received from TimeSaver. ACTION REQUIRED Council is requested to remove approval of the August 23,2005 Council Workshop minutes from the agenda. Respectfully submitted, I J. . 1/ JI. (,...A..~-(iA...~ U')~ Vicki V olk City Clerk (!J ~l I~ ~a 1~ n 8. ~l r ~ i ~ :rC:~~; "S~i~ 0::-"'83- a.~ ~~ .,,~ ~. ~3'lIJS; l!!. '< -i":l [ -~&S b!7 Ii" ~aSl.~l! 'g>;~~ i~ 3~. ;;~Qc:l C CI.~:I l~>>; ~ ~ ~ ~ I ~~~~ " <:> '" i!:... ~ j! ~ ~ ~ ~ :.. 0 '" '" ~ :I: c ^ ~"c ~~~~ ':Er';lr'lO ~ ~ [~.:::J [I g ; >- a~ ~ ~:::J ~ 01' c... o 0 C1> J~f5.Ul is.......c bO 3 e: 1; :J :::J o I :; a. ~~~oo)> ~b~~~ ~~~ 0 Ot.lO("') e iiJ,; , G) i @ , ?; '< I 0 c.. 0 0 ^ < rt> C1> I .' 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