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Home My WebLink AboutCC January 6, 1998 \, I / Regular City Council Meeting - Tuesday, January 6, 1998 CITY of ANDOVER Call to Order Resident Forum Agenda Approval Consent Agenda Approval of Minutes EDA Meetine: Approve Official Depositories & Banks Omanizational Items I. Approve Official Depositories & Banks 2. Approve Official Newspaper 3. Appoint Acting Mayor 4. Appoint Standing Committees Discussion Items 5. Amend Comprehensive Plan/Land Use Planl26XX - 138th Ave NWlErickson, Continued 6. Rezoning/26XX - 138th Ave NWlErickson, Continued 7. Public Hearing/Vacate Easements/The Farmstead/Presbyterian Homes 8. Approve Final PlatlThe Farmstead 9, Hearing(Continued)lPrivate KenneVI7900 Uplander St. NW/Eugene Olson ) 10. Update of Winslow Hills 4th Addition I I. Discuss Anoka County 5-year Highway Improvement Plan 12. Schedule Planning Workshop 13. Amend Ordinance No. 1I0IRegulating Therapeutic Massage 14. Noise Ordinance No. 2301Pov's Sports Bar 15. Set Date for Review of Administrator Staff. Committees. Commissions 16. Schedule InterviewslPark & Recreation Commission 17. Appoint ChairmanlPark & Recreation Commission 18. Discuss Adult Softball Tournament Application Form Non-Discussion/Consent Items 19. Approve 1997 Fund Reservations 20, Approve Utility Billing Contract 21. Approve Final Payment/95-14/Crooked Lake Blvd. NW 22. Approve Final Payment/97-38/0Id Is Goldll4056 Raven Street NW 23. Approve Final Plat/Chesterton Commons 2nd Addition 24. Accept Petitionl97-50/SS & WMI143 14 Crosstown Blvd. NW 25. Approve Feasibility Report/97-50/SS & WMII4314 Crosstown Blvd. NW 26. Approve 1998 Park Capital Improvement Budget 27. Approve Resolutionll998 User FeeslField and Rink Use 28, Update ofLRRWMO Watershed Management Plan Mayor/Council Input Payment of Claims . Adjournment I agenda Bookmark Name minutes approfficial deposit newspaper mayor standing acperickson rezerickson phfarmstead fpfarmstead holson update acty5yr workshop ordllO ord230 review intervw chairman adult fund utility fp9514 fp9738 fpchesterton pet9750 appr9750 aprpark aprfees Irrwmo C/1Y OF ANDOVER REQUEST FOR COUNCIL ACTION '\ ) DA IE: January 6, 1998 AGENDA SECflON Approval of Minutes ORIGINATING DEPARTMENT ~1 ~lerk ITEM NO. Approval of Minutes The City Council is requested to approve the following minutes: December 16, 1997 Regular Meeting December 16,1997 EDA Meeting December 16, 1997 Closed ED A Meeting / ------- '--./ . '. , J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ J . DATE:]anuary6,1998 AGENDA SECTION Approval of Minutes ORIGINATING DEPARTMENT 11 ~lerk ITEM NO. Approval of Minutes The City Council is requested to approve the following minutes: December 16, 1997 Regular Meeting December 16,1997 EDA Meeting December 16, 1997 Closed EDA Meeting '\ ) \. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION "\ ) DATE: lanuary 6. 1998 AGENDA SECTION ORIGINATING DEPARTMENT Organizational Items Finance ~,,~ Jean D. McGann-'t' ITEM NO. I- Approve Official Depositories and Banks REQUEST: The Andover City Council is requested to adopt the attached resolution designating the City's Official Depositories, supplemental depositories of investments and designating the Treasurer as the approval authority of collateral transactions. BACKGROUND: ': Minnesota State Statutes Section 118 requires the City Council to designate official depositories -"" annually. Financial institutions designated as official depositories are the only institutions in which city funds may be deposited. Section 118 also requires the City Council to receive collateral for all deposits in excess of federal insurance or to authorize the Treasurer or Chief Financial Officer to receive the collateral. The last paragraph of the resolution delegates this responsibility to the Treasurer. ) \ ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, -97 A RESOLUTION DESIGNATING DEPOSITORIES OF CITY FUNDS AND SUPPLEMENTAL DEPOSITORIES OF CITY FUNDS FOR INVESTMENT PURPOSES ONLY, WHEREAS, Minnesota Statutes, Section 118 sets forth the procedures for the deposit of public funds which include requiring the Andover City Council to annually designate the official depositories for City funds and manage the collateral pledged to such funds; and WHEREAS, other financial institutions are, from time to time, able to pay the City of Andover interest rates on deposits which are greater than can be obtained from the official depositories. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that the City's official depository for 1998 is the Anoka office ofNorwest Bank Minnesota, N.A. \ .I BE IT FURTHER RESOLVED that Norwest Investment Services Inc.; the Minnesota Municipal Money Market Fund; Firstar Trust Co. of Minnesota; FBS Investment Services Inc.; Juran and Moody, Division of Miller, Johnson and Kuehn, Inc.; Prudential Securities, Inc,; Dain Bosworth Inc.; Dean Witter Reynolds Inc.; Piper Jaffray Inc.; Smith Barney Shearson Inc,; PaineWebber Inc,; and Investment Emporium in conjunction with Royal Alliance Associates, Inc. be designated as additional depositories for 1998 for investment and cash management purposes only. BE IT STILL FURTHER RESOLVED that the Treasurer of the City of Andover is hereby designated as the approval authority for the release and acceptance of all collateral to be held by the City in conjunction with City funds on deposit with authorized institutions. Adopted by the Andover City Council on the 6th day of January, 1998. CITY OF ANDOVER ATTEST: J, E. McKelvey - Mayor Victoria V olk - City Clerk ) / I!, .. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ / . DATE:]anuary6,1998 ITEM NO. ~, ORIGINATING DEPARTMENT City Clerk il,D. AGENDA SECTION Organizational Items . Approve Official Newspaper The City Council is requested to approve the Anoka County Union as the official newspaper for 1998, Attached is a copy of their proposal, , ) ~ aunua IInlll..." HRUM bUUlIl1 1IIIInll Go lIunnnrn "lnlUN a ilnurrln Division of ECM Publishers, Inc, 4101 Coon Rapids Blvd., Coon Rapids, MN 55433 P.O. Box 99, Anoka, Minnesota 55303 .~, December 5, 1997 City Counc il City of Andover 1685 Crosstown Boulevard Andover, MN 55304 To Whom It May Concern: We submit the following proposal to designate the Anoka County Union as the official 1998 legal newspaper for the city of Andover. We are a legal newspaper published in Anoka County and meet all legal qualifications. O~r legal rates for 1998 will be $6.40 per column inch for the first week and $5.80 per column inch for each successive week. We appreciate your patronage over the past years and hope that we will be able to serve you again this next year. If we can be of any assistance above and beyond the pUblication of legals, please feel free to call on us. CS_inCerelYS-;-- .' ~/' r:x ~ ' ':"1, i/ Dixie L. Mason Office Manager Anoka County Union Anoka County Union Blaine/Spring Lake Park Life Coon Rapids Herald Phone (612) 421-4444 COMMERCIAL PRiNTING Anoka County Shopper FAX (612) 421-4315 CllY OF ANDOVER REQUEST FOR COUNCILACflON '\ j DATE:January 6,1998 AGENDA SECflON Organizational Items ORIGINATING DEPARTMENT CJ.j.ty Clerk ~.\) . ITEM No.3. Appoint Acting Mayor The City Council is requested to appoint the Acting Mayor for 1998 based upon the Mayor's recommendation, '\ ) \ ) , } / CI1Y OF ANDOVER REQUEST FOR COUNCIL ACTION !\ " DATE:January 6, 1998 ORIGINATING DEPARTMENT City Clerk 110. \/. AGENDA SECTION Organizational Items ITEM NO. 4/. Appoint Standing Committees The City Council is requested to appoint the following committee members and chairs for the committees as recommended by the Mayor: , I / / "Road Committee . Bonnie Dehn, Chair Ken Orttel "Economic Development Committee Ken Orttel, Chair . Jack McKelvey "Public Safety Committee Mike Knight, Chair John Kunza "Personnel Committee John Kunza, Chair Jack McKelvey "Environmental Committee Bonnie Dehn, Chair Mike Knight CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: lanuary 6. 1998 AGENDA SECTION Discussion Item, Continued ITEM NO. :;-. Comprehensive Plan Amendment C to RU, 26xx 138th Avenue NW Randi Erickson ORIGINATING DEPARTMENT Planning John Hinzman, ~~ City Planner This item was tabled at the December 16, 1997 City Council meeting in order to provide better screening between the proposed residential area and the existing commercial area (Total and Speedy Video) to the south, The applicant, Randi Erickson, will present screening scenarios at the meeting, Please see the attached minutes and staff report for more information, CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -98 A RESOLUTION AMENDING THE COMPREHENSIVE LAND USE PLAN OF THE CITY OF ANDOVER FROM C, COMMERCIAL TO RU, RESIDENTIAL URBAN SINGLE F AMIL Y. WHEREAS, Randi Erickson has petitioned the City of Andover for an amendment to Ordinance 8, Section 6.03, (rezoning) that is inconsistent with the Comprehensive Plan. WHEREAS, Minnesota State Statute Chapter 473.858 stipulates that the zoning ordinance must be consistent with the comprehensive plan. WHEREAS, an amendment to the Comprehensive Plan is necessary to allow for the proposed rezoning to R-4, Single Family Urban Zoning District WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the amendment as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and adopts the following amendment to the Comprehensive Plan, subject to review by the Metropolitan Council: 1) Change the land use district designation from C, Commercial to RU, Residential- Urban Single Family on 1.0 acres legally described as follows: That part of the South Half of the Northeast Quarter of Section 33, Township 32, Range 24, Anoka County, Minnesota described as follows: Commencing at a point on the South line of said South Half 550 feet West of the Southeast Comer thereof; thence North at right angles 360 feet; thence West parallel with said South line 506.20 feet; thence on a tangent curve concave to the Northeast having a radius of 445.51 feet and having a delta angle of 30 degrees 09 minutes 234.46 feet; thence Northwesterly at right angles to the centerline of CSAH No. 18 and tangent to said curve 65.36 feet to point of beginning; thence continuing Northwesterly along last described line 294 feet to said centerline of CSAH No. 18; thence Southwesterly along said centerline 185 feet; thence Southeasterly at right angles to said centerline 295.93 feet; thence northeasterly parallel with said centerline 185 feet to point of beginning; subject to easements of record. Adopted by the City Council of the City of Andover on this 6th day of January. 1998, CITY OF ANDOVER ATTEST: J.E. McKelvey, Mayor Victoria V olk, City Clerk Dec-29-97 05:39P TOWN CENTRE R.E. SERVICES 612-427-4878 P.02 l1li " ;..".... - VISION RESIOENTIAL REAl. ESTATE 325 MAIN STREET !,lJ( RIVER, MN SS3JO fSUS (812) 241.0150 AlTN: JOHN HINZMAN ANDOVER CITY HALL DECEMBER 29, 1997 TO THE ANDOVER CITY COUNCIL RE: CORNER OF CROSSTOWN BOVD. AND I3Snr A VENUE NW FROM C, COMMERICAI. TO RU, RESIDENTIAL URBAN SINGLE FA MIL Y THIS IS TO lNFORM YOU THAT MY PURCHASER'S, DORIS BRUNDAGE (MOTHER) CURRENTLY RESIDING AT 664 YORK AVE., ST. PAUL, MN AND CINDY OLSON, (DAUGHTER) CURRENTLY RESIDING AT 668 YORK AVE., ST. PAUL, MN, HAVE PURCHASED THE ABOVE SHOWN PROPERTIES fOR SINGLE fAMILY USE. THEY INTEND TO PLACE A FENCE ALONG THE REAR (SOUTI-I) BOUNDARY LINE OF SAID LOTS, THE FENCE WILL BE PLACE AT THE TIME OF CONSTRUCfION OF THE ~ HOMES AND WILL BE CONSTRUCTED BETWEEN 6 AND 7 FEET IN HEIGHTH AND CONSIST. OF WOOD FRAME STRIPS IN A VERTICAL FASHION. SINCER~L Y, .(:: [. I!({; iC{( <. j , RM/D1 ERIC COLDWELL 612-427-4878 An Inde~endenlly Ov.ned and Operatoo Member 01 CoIdweI Banker Residential Afiliates. Inc. / Regular AlldO\'1!r City Coullcillweetillg Ivlil1utes - December 16. 1997 Page 3 ',- PRESENTATlOiVzo CITY/ACE SOLID WASTE Denny Fredrickson G:~rv1anager of Ace Solid Waste - explained about three years ago Dave O'Toole approached Ace Solid Wll$.!e for donations toward the Field of Dreams, Since that time the Field of Dreams has been completed, ' t they have continued the program of contributing money to the Andover parks. He then presented csimile check to the City of Andover for $955 for the parks. He expressed their appreciation for the stomers they have in Andover, They can make the donation because of the growth in Andover, w . h is primarily residential, Mayor McKelvey accepted the check on behalf of the City and thanked e Solid Waste for their donation. EPILEPSY MONTH PROCLAMATION Mayor McKelvey read the proclamation declaring December, 1997, as Epile I The Council recessed to hold an EDA meeting in closed session with the City Attorney; the regular. EDA meeting at 7:45; reconvened at 7:47 p.m. * AMEND COMPREHENSIVE PLANILAND USE PLAN/26XX IJ8TH A VENUE NW/ ERICKSON kIaWI/" Mr. Hinzman reviewed the request of Randi Erickson for an amendment to the Comprehensive Land Use Guide Plan to rezone 1.0 acres located on the southeast comer of Crosstown Drive NW and 138th Avenue NW from C, Commercial to RU, Residential Urban Single Family. The applicant proposes to construction two single family detached homes on the lots. The Planning and Zoning Commission recommended approval. They questioned the viability of the parcel for commercial development. It has been vacant for a number of years, possibly because of the relocation of Crosstown Boulevard. Councilmember Dehn asked about fencing between the residential parcels and the existing commercial establishment. Mayor McKelvey didn't think there was a fence to the north, but he felt it would be the responsibility of Ms. Erickson to be sure a fence is installed along the property line separating the residential from the commercial properties. Because the applicant was not present this evening, it was agreed to table the item to allow Staff to 'meet with the developer to come to an agreement On the proposal tor a buffer between the J commercial and residential areas of either fencing or a vegetative fencing. Staff was asked to bring the item back at the January 6, 1998, meeting. Motion by Dehn. Seconded by Kunza, to table Items 2 and 3 (Comprehensive Plan Amendment and Rezoning/26xx 138th Avenue). Motion carried unanimously. / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: December 16.1997 AGENDA SECTION Discussion Item ITEM NO. Comprehensive Plan Amendment C to RU, 26xx 138th Avenue NW Randi Erickson ORIGINATING DEPARTMENT Planning John Hinzman, 1"' City Planner Reauest The City Council is asked to review an amendment to the Comprehensive Land Use Guide Plan from C, Commercial to RU, Residential Urban Single Family for 1.0 acres located on the southeast comer of Crosstown Drive NW and 138th Avenue NW by Randi Erickson. The application is submitted in conjunction with an application for rezoning from NB, Neighborhood Business to R-4, Single Family Urban. Two single family homes are proposed. / Plannin!! and Zonin!! Commission Action The Planning and Zoning Commission recommended approval of the amendment at the November 25, 1997 meeting. Please consult the attached minutes and staff report for more information. / " CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -97 A RESOLUTION AMENDING THE COMPREHENSIVE LAND USE PLAN OF THE CITY OF ANDOVER FROM C, COMMERCIAL TO RU, RESIDENTIAL URBAN SINGLE F AMIL Y. WHEREAS, Randi Erickson has petitioned the City of Andover for an amendment to Ordinance 8, Section 6.03, (rezoning) that is inconsistent with the Comprehensive Plan. WHEREAS, Minnesota State Statute Chapter 473.858 stipulates that the zoning ordinance must be consistent with the comprehensive plan. WHEREAS, an amendment to the Comprehensive Plan is necessary to allow for the proposed rezoning to R-4, Single Family Urban Zoning District WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the amendment as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and adopts the following amendment to the Comprehensive Plan, subject to review by the Metropolitan Council: / 1) Change the land use district designation from C, Commercial to RU, Residential _ Urban Single Family on 1.0 acres legally described as follows: That part of the South Half of the Northeast Quarter of Section 33, Township 32, Range 24, Anoka County, Minnesota described as follows: Commencing at a point on the South line of said South Half 550 feet West of the Southeast Comer thereof; thence North at right angles 360 feet; thence West parallel with said South line 506.20 feet; thence on a tangent curve concave to the Northeast having a radius of 445.51 feet and having a delta angle of30 degrees 09 minules 234.46 feet; thence Northwesterly at right angles to the centerline ofCSAH No. 18 and tangent to said curve 65.36 feet to point of beginning;' thence continuing Northwesterly along last described line 294 feet to said centerline of. CSAH No. 18; thence Southwesterly along said centerline 185 feet; thence Southeasterly at right angles to said centerline 295.93 feet; thence northeasterly parallel \\-lth said centerline 185 feet to point of beginning; subject to easements of record Adopted by the City Council of the City of Andover on this 16th day of December, 1997. CITY OF ANDOVER ATTEST: I.E. McKelvey, Mayor Victoria V olk, City Clerk I~ Df ANDOVER 1685 Crosstown Blvd. NW. . Anoka, Minnesota 55303 . (612) 755.5100 -' PLANNING AND ZONING COMMISSION MEETING - NOVEMBER 25, 1997 MINUTES The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was called to orde:- by Chairperson Randy Peek on November 25, 1997, 7:00 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Maynard Apel, Lynnette Bany, Mike Gamache (arrived at 7:13 p.m.), Lorna Wells Jeff Luedtke, Jay Squires City Planning, John Hinzman Community Development DirectJr, Dave Carlberg Others Commissioners absent: Also present: / APPROVAL OF MINUTES ~ctoher 28, /997: Correct as written. 1\1~ Ape!, Seconded by Bany, that the Minutes be approved as presented, Motion carried on a 3-Yes, I-Pr t (Wells), 3-Absent (Gamache, Luedtke, Squires) vote. ACCEPT WITHDRAWAL CO HENSIVE PLAN A1l1ENDMENT AND REZONING REQUEST - 26XX 138TH A VENUE /Ii !\fir. Hinzman explained the applicant, Randi Erickson, Iia uested the application for a change in the Land Use D:strict to Multiple Family be withdrawn. A ne lication has been submitted to rezone the property to R-4, Single Family Urban. Motion by Bany, Seconded by Wens, to so move, Motion carried on a 4- Yes, Luedtke, Squires) vote. *. PUBLIC HEARING: AMENDMENT TO ANDOVER COMPREHENSIVE PLAN LAND USE PLAN - CHANGE LAND USE DISTRICT FROM C, COMMERCIAL TO RU, RESIDENTIAL J URBAN SINGLE FAMILY - 26XX 138TH AVENUE NW 7:04 p.m. Mr. Hinzman reviewed the amendment to the Comprehensive Land Use Guide Plan to change the 1a.'1d i,;se district designation from C, Commercial to RU, Residential Urban Single Family for 1.0 acres located on the southeast corner of 138th Avenue NW and Crosstown Drive. He noted the appli~able ordinances and adjacent zoning and land use. The applicant is a realtor representing Regular Planning and Zoning Commission Meeting Alinutes - November 25, 1997 Page 2 (Public Hearing: Amendment to Comp Plan Land Use Plan/C to RU, 26xx 138th Avenue, Cont.) a potential buyer. The buyer has indicated a desire to construct two single family residential homes, one on each lot. The question is whether this land use confonns with the other uses in the area. There are a number of multiple family units to the north and east, a commercial area to the south and single family residential across Crosstown Drive to the west. Commissioner Apel felt the use would not cause a conflict with the neighborhood, nor did he think it was valuable commercial property because it is only two small lots. He felt from the City's standpoint, the proposal is a good use of the land. Motion by Ape!, Seconded by Wells, to open the public hearing. Motion carried on a 4-Yes, 3- Absent (Gamache, Luedtke, Squires) vote, 7: 10 p.m. Barb Drabant 13753 Partridge - thought there was a small park in the area. Will that park remain? Mr. Hinzman pointed out the triangular shaped park to the south, which will not be affected by this proposal. .' Motiot' by Barry, Seconded by Wells, to close the public hearing. Motion carried on a 4-Yes" 3- Absent (Gamache, Luedtke, Squires) vote. 7:12 p,m. Chairperson Peek concurred with Commissioner Apel's comments, that it is an appropriate use and does not constitute spot zoning. Commissioner Wells felt the multiple use would fit better with the immediate neighborhood, but she was agreeable to single family housing as well. Motion by Apel, Seconded by Wells, to forward a Resolution to the City Council recommending approval of the Comprehensive Plan Land Use change as defined in Item 4 for the property from Commercial to RU, Residential Urban Single Family. Motion carried on a 4-Yes, 3-Absent (Gamache, Luedtke, Squires) vote. 7: 13 p,m. (Commissioner Gamache arrived at this time) PUB 'ARING: REZONING - NB, NEIGHBORHOOD BUSINESS TO R-4, SINGLE FAMILY URB. XX H8TH AVENUE NW- RAND] ERICKSON 7: 13 p.n.. Mr. Hinzman stated all oft e' to the rezoning. s for the Comprehensive Plan Land Use change apply . i Motion by Barry, Seconded by Wells, to open the public hearing. carried on a 5-Yes, 2- Absent (Luedtke, Squires) vote. 7: 14 p.m. There was no public testimony. Motion by Wells, Seconded by Gamache, to close the public hearing, Motion carried on a 5-Yes, 2-Absent (Luedtke, Squires) vote / CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION DATE: November 25. 1997 ITEM NO. 4 ORIGINATING DEPARTMENT . Public Hearine:: Comprehensive Land Use Guide Plan Amend. C to RU 26xx 138th Avenue NW Planning John Hinzman 1tf City Planner Request The Planning and Zoning Commission is asked to review an amendment to the Comprehensive Land Use Guide Plan to change the land use district designation from C, Commercial to RU, Residential Urban Single Family for 1.0 acres located on the southeast comer of 138th Avenue NW and Crosstown Drive NW (pIN 33-32-24-13-0014 & 0049) legally described on the attached resolution. , / The request is submitted in conjunction with a rezoning application from NB, N~ighborhood Business to R-4, Single Family Urban by Randi Erickson. Applicable Ordinances Minnesota State Statute Chapter 473.858 states, "If the comprehensive municipal plan is in conflict with the zoning orginance, the zoning ordinance shall be brought into conformance with the plan:.. after August 1, 1995, a local governmental unit shall not adopt any fiscal device or official control which is in conflict with its comprehensive plan." Because the zoning change needed to accommodate the proposed use would be inconsistent with the Comprehensive Plan, an amendment to the plan is needed. Adiacent Zonin!! and Land Use Adjacent zoning and land use within 350 feet of the site included the following: North East South West M-2, unplatted multiple family housing M-2, unplatted multiple family housing NB, Total Mart and Speedy Video R-4, Creekhaven Addition, Northwoods Addition / Page Two LUOPA, C to RU 26xx 138th Avenue NW November 25, 1997 Backl!round The applicant has amended the original request to build multiple family housing on site. Two single family detached homes are now proposed. General Review The adjacent neighborhood along 138th Avenue NW consists of multiple family housing constructed during the 1960's and 1970's. Housing density in the vicinity of the proposed property ranges from two to eight units per building, Single Family Detached housing exists to the north and west of the property. The Comprehensive Plan Land Use Guide designates the site as C, Commercial. An amendment to the RU - Residential Urban Single Family classification would be necessary to rezone the site. Commission Options , / 1. The Andover Planning and Zoning Commission may recommend to the City Council approval of an amendment to the Comprehensive Land Use Guide Plan to change the land use district designation from C, Commercial to RU, Residential Urban Single Family on 1.0 acres located at 26xx 138th Avenue NW, legally described on the attached resolution. 2. The Andover Planning and Zoning Commission may recommend to the City Council denial of an amendment to the Comprehensive Land Use Guide Plan to change the land use district designation from C, Commercial to RU, Residential Urban Single Family on 1.0 acres located at 26xx 138th Avenue NW, legally described on the attached resolution. The Planning and Zoning Commission finds the proposal does not meet the requirements of Ordinance No.8, Section 5.03(B). 3. The Andover Planning and Zoning Commission may table the item pending further information from the applicant or Staff Attachments '. A-I Resolution A-2 Land Use Map A-3 Aerial Photo A-4 Notice of Public Hearing / ~// I IN: ~~- - ~I ~ ...\1 Ir-I- I .:) r ~ ~ ~"\7 ~ ~r- - E OJ / tl ~~ ~I~ . ~t:! u \- ~ ~ ~ ... T ~ ~ I I -I - - r- ~r- .A't ~ ... , - ..-N... ...... ,.. - - - OJ ~ ~ ~... f---- L- - ~ , / I It. -- ..... - ~ - I - I I ~.;;. - -I ~ I.... --'" .... r '"~~ II. . 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" ) DATE OF PHOTOGRAPHY APR I L. 1993. / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA CITY of ANDOVER NOTICE OF PUBLIC HEARING The Planning and Zoning Commission of the City of Andover will hold a public hearing at 7:00 p,m., or as soon thereafter as can be heard, on Tuesday, November 25, 1997 at Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota to review an amendment to the Andover Comprehensive Land Use Guide Plan to change the land use guide plan district from C, Commercial to RU, Residential Urban Single Family on a 1.00 acre parcel located on the southeast comer or 138th Avenue NW and CrosstownDrive NW,26xx 138th Avenue NW (pIN 33-32-24-13-0014 &, 0049) legally described as follows: ' / That part of the South Half of the Northeast Quarter of Section 33, Township 32, Range 24, Anoka County, Minnesota described as follows: Commencing at a point on the South' line of said South Half 550 feet West of the Southeast Comer thereof; thence North at right angles 360 feet; thence West parallel with said South line 506.20 feet; thence on a tangent curve concave to the Northeast having a radius of 445.51 feet and having a delta angle of 30 degrees 09 minutes 234.46 feet; thence Northwesterly at right angles to the centerline of csAH No. 18 and tangent to said curve 65.36 feet to point ofbeginniIig;. ' . thence continuing Northwesterly along last described line 294 feet to said centerline of CSAH No. 18; thence Southwesterly along said centerline 185 feet; thence SoutheasteTly . at right angles to said centerline 295.93 feet; thence northeasterly parallel with said centerline 185 feet to point of beginning; subject to easements of record. All written and verbal comments will be received at that time. A copy of the application will be available for review prior to the meeting at City Hall. ~~ Victoria V olk, City Clerk Publication dates: November 14, 1997 November 21,1997 , I P~: 333224130005 HOLDERNESS GERALD E & I E 1- '. CROSSTOWN DR NW MuOVER MN 55304 p~: 333224130011 JINDRA KENNETH I & DARLENE 13524 GLADIOLA ST NW ANDOVER MN 55304 P~: 333224130014 G M INVESTMENT CO 9745 HWY 10 ELK RIVER MN 55330 P~: 333224130015 FINK WILLIAM C & GLORIA L 6512 VALLEY VIEW HAMEL MN 55340 P~: 333224130016 ANOKA COUNTY OF 21003RDAVE ANOKA MN 55303 P~: 333224130017 UECKER ROGERE 2605 138TH AVE NW ANDOVER MN 55304 P~: 333224130022 ARNOLD MARY KAY 13809 NORTIlWOOD DR NW ANDOVER MN 55304 P~: 333224130023 SCHULZ JON R & DOLORES CABRERA 2635 138TH AVE NW ANDOVER MN 55304 p~: 333224130024 MIDWEST FEDERAL SAVINGS 13818 CROSSTOWN DR NW A}TT"'0VER MN 55304 P~: 333224130025 HUDSON DOROTHY MAY 13828 CROSSTOWN DR NW ANDOVER MN 55304 / P~: 333224130040 ANDOVER CITY OF 1685 CROSSTOWN BD NW ANDOVER MN 55304 p~: 333224130041 NORL~G DAVID R & DOLORES I 11608 MISSISSIPPI DR CHAMPL~ MN 55316 P~: 333224130042 ANDOVER CITY OF 1685 CROSSTOWN BLVD ANDOVER MN 55304 P~: 333224130043 MOSKALIK LARRY & KIYOKO 11608 MISSISSIPPI DR CHAMPL~ MN 55316 P~: 333224130046 lAMES CO., T. F. PO BOX 24137 MINNEAPOLIS MN 55424 P~: 333224130047 ANDOVER CITY OF 1685 CROSSTOWN BLVD ANOKA MN 55303 P~: 333224130048 ANDOVER CITY OF 1685 CROSSTOWN BLVD ANOKA MN 55303 P~: 333224130049 G M INVESTMENT CO POBOX547 ANOKA MN 55303 PD\. j33224130060 TAYLOR GARY G & SANDRA I 13784 CROSSTOWN DR NW ANDOVER MN 55304 p~: 333224130061 CAVANAUGH TODD M & BIRGITIE A 2622 138TH AVE NW ANDOVER MN 55304 P~: 333224130062 DALY MARK A & MARCIA A 2f '38TII AVE NW Mu0VER MN 55304 P~: 333224130063 DREYER ROBERT J & JULIA D 2646 138TII AVE NW ANDOVER MN 55304 P~: 333224130064 STANLEY JAMES D & CATHY I 2658 13 8TII AVE NW ANDOVER MN 55304 PUN: 333224130066 ZICKERMANN STEVEN E 13785 NORTHWOOD DR NW ANDOVER MN 55304 P~: 333224130067 NOVAK lAMES I & BARBARA L 13777 NORTHWOOD DR NW ANDOVER MN 55304 PUN: 333224130068 SIVERTSON CURTIS L & JOANN 13769 NORTHWOOD DR NW ANDOVER MN 55304 P~: 333224130071 GREEN DONNA L 1135 WMAIN ST ANOKA MN 55303 PUN: 333224140003 ANDOVER CITY OF 1685 CROSSTOWN BL YO NW ANDOVER MN 55304 p~: 333224140004 AMERICAN HOUSUNG mUST I 13524 GLADIOLA ST NW AW'''VER MN 55304 PUN: 333224140005 PULLIS NEILL I & KAREN L . 4021 VIKING BL YO NW ANOKA MN 55303 '. / P~: 333224140006 WIPPLER DONALD E & J B 4430 WILD RICE DR NE WYOMING MN 55092 PUN: 333224140014 KROENKE EDWARD D & RALENE RT 1 BOX 40 MADISON MN 56256 p~: 333224140015 KROENKE EDWARD D & RALENE RT 1 BOX 40 MADISON MN 56256 PUN: 333224140023 JOHNSON WALLACE J & CONNIE M 2542 138TII AVE NW #2 ANDOVER MN 55304 P~: 333224140024 SCHROEDER CONRAD 0 & MARY E 15510 FILLMORE ELK RIVER MN 55330 PUN: 333224140038 ANDOVER CITY OF COMMUNITY CENTER168S CROSSTOWN BL YO NW ANDOVER MN 55304 . / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: January 6. 1998 AGENDA SECTION Discussion Item, Continued ITEM NO. ~. REZ 97-09 NB to R-4 26xx 138th Avenue NW Randi Erickson ORIGINATING DEPARTMENT Planning John Hinzman, 5t...1.f City Planner This item was tabled at the December 16, 1997 City Council meeting in order to provide better screening between the proposed residential area and the existing commercial area (Total and Speedy Video) to the south, The applicant, Randi Erickson, will present screening scenarios at the meeting. Please see the attached minutes and staff report for more information. , J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO.8 AN ORDINANCE AMENDING ORDINANCE NO.8, SECTION 6,03, ZONING DISTRICT MAP OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance 8, Section 6.03, The Zoning District Map of the City of Andover is hereby amended as follows, subject to conformance with the Comprehensive Plan: Rezone 1.0 acres from NB, Neighborhood Business to R-4, Single Family Urban at 26xx 138th Avenue NW (PIN 33-32-24-13-0014 & 0049) as shown on the attached map and legally described as follows: / That part of the South Half of the Northeast Quarter of Section 33, Township 32, Range 24, Anoka County, Minnesota described as follows: Commencing at a point on the South line of said South Half 550 feet West of the Southeast Corner thereof; thence North at right angles 360 feet; thence West parallel with said South line 506.20 feet; thence on a tangent curve concave to the Northeast having a radius of 445.51 feet and having a delta angle of30 degrees 09 minutes 234.46 feet; thence Northwesterly at right angles to the centerline of CSAH No. 18 and tangent to said curve 65.36 feet to point of beginning; thence continuing Northwesterly along last described line 294 feet to said centerline of CSAH No. 18; thence Southwesterly along said centerline 185 feet; thence Southeasterly at right angles to said centerline 295.93 feet; thence northeasterly parallel with said centerline 185 feet to point of beginning; subject to easements of record, NOTE: All other Section of the Zoning Ordinance Shall remain as written and adopted by the City Council of the City of Andover. Adopted by the City Council of the City of Andover on this 6th day of January, 1998. CITY OF ANDOVER ATTEST: J.E. McKelvey, Mayor / Victoria V olk, City Clerk Dec-29-97 05:39P TOWN CENTRE R.E_ SERVICES 612-427-4878 P.02 mm : , - '" , -- . . ....... -'..i-:->-. - , / VISION RESIDENTIAL REAL ESTATE 32S MAIN STREET I:LK RIVER. MN 55330 BUS (612) 241-0'" ATTN: JOHN HINZMAN ANDOVER CITY HALL DECEMBER 29, 1997 TO THE ANDOVER CITY COUNCIL RE: CORNER OF CROSSTOWN BOVD. AND 138111 A VENUE NW FROM C, COMMERICAI, TO RU, RESIDENTIAL URBAN SINGLE FA MIL Y THIS IS TO INfORM YOU THAT MY PURCHASER'S, DORIS BRUNDAGE (MOTHER) CURRENTL Y RESIDING AT 664 YORK AVE., ST. PAUL, MN AND CINDY OLSON, (DAUGHTER) CURRENTLY RESIDING AT 668 YORK AVE., ST. PAUL, MN, HAVE PURCHASED THE ABOVE SHOWN PROPERTIES fOR SfNGLE FAMILY USE. THEY INTEND TO PLACE A FENCE ALONG THE REAR (Soum) BOUNDARY LINE OF SAID LOTS. THE FENCE WILL BE PLACE AT THE TIME OF CONSTRUCfION or THE HOMES AND WILL BE CONSTRUCTED BETWEEN 6 AND 7 FEET IN HEIGHTH AND / CONSIST OF WOOD FRAME STRIPS IN A VERTICAL FASHION. SINCERaL Y, ..~ ( J{(lid~i:if:;tY\ RM,JOI ERIC EAL TOR COJDWELL NKEYISION 612-427-4878 . / An Inde~endenlly OMied and Operate::l Member 01 Coldwell Banker Residential Affiliates. Inc. / ,Regular Andover City Coullcil Afl:!l:!ting !vii/lUtes - December 16, 1997 Page '3 - explained about three years ago Dave O'Toole approached Ace Solid e for donations toward the Field of Dreams, Since that time the Field of Dreams has been completed, they have continued the program of contributing money to the Andover parks. He then presented a csimile check to the City of Andover for $955 for the parks. He expressed their appreciation for the tomers they have in Andover. They can make the donation because of the growth in Andover, w' is primarily residential. Mayor McKelvey accepted the check on behalf of the City and thanked Solid Waste for their donation. -.iL AMEND COMPREHENSIVE IV ERICKSON J fezon,'6 l\tlr. Hinzman reviewed the request of Randi Erickson for an amendment to the Comprehensive Land Use Guide Plan to rezone 1.0 acres located on the southeast comer of Crosstown Drive NW and 138th Avenue NW from C, Commercial to RU, Residential Urban Single Family. The applicant proposes to construction two single family detached homes on the lots. The Planning and Zoning Commission recommended approval. They questioned the viability of the parcel for commercial development. It has been vacant for a number of years, possibly because of the relocation of Crosstown Boulevard. PLAN/LAND USE PLAN/26XX 138TH AVENUE NW/ EPILEPSY MONTH PROCLAMATION Mayor McKelvey read the proclamation declaring December, 1997, as Epile , / The Council recessed to hold an EDA meeting in closed session with the City Attorney; the regular. EDA meeting at 7:45; reconvened at 7:47 p.m. Councilmember Dehn asked about fencing between the residential parcels and the existing commercial establishment. Mayor McKelvey didn't think there was a fence to the north, but he felt it would be the responsibility of Ms. Erickson to be sure a fence is installed along the property line separating the residential from the commercial properties. Because the applicant was not present this evening, it was agreed to table the item to allow Staff to 'meet with the developer to come to an agreement on the proposal tor a buffer between the / commercial and residential areas of either fencing or a vegetative fencing. Staff was asked to bring the item back at the January 6, 1998, meeting. Motion by Dehn, Seconded by Kunza, to table Items 2 and 3 (Comprehensive Plan Amendment and Rezoning/26x.x 138th Avenue). Motion carried unanimously. J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: December 16,1997 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT Planning ITEM NO. Rezoning 97-09 NB to R-4, 26xx 138th Avenue NW Randi Erickson John Hinzman, '5H City Planner Request The City Council is asked to approve the rezoning request of Randi Erickson to rezone 1.0 acres from NB, Neighborhood Business to R-4, Single Family Urban at the southeast corner of Crosstown Drive NW and 138th Avenue NW. The application is submitted in conjunction with an application for a Comprehensive Land Use Guide Plan Amendment from C, Commercial to RU, Residential Urban Single Family. Two single family homes are proposed. / Plimnin2 and Zonin2 Commission Action The Planning and Zoning Commission recommended approval of the rezoning at the November 25, 1997 meeting, Please consult the attached minutes and staff report for more information, / / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO.8 AN ORDINANCE AMENDING ORDINANCE NO.8, SECTION 6.03, ZONING DISTRICT MAP OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance 8, Section 6.03, The Zoning District Map of the City of Andover is hereby amended as follows, subject to conformance with the Comprehensive Plan: Rezone 1.0 acres from NB, Neighborhood Business to R-4, Single Family Urban at 26xx 138th Avenue NW (PIN 33-32-24-13-0014 & 0049) as shown on the attached map and legally described as follows: / That part of the South Half of the Northeast Quarter of Section 33, Township 32, Range 24, Anoka County, Minnesota described as follows: Commencing at a point on the South line of said South Half 550 feet West of the Southeast Comer thereof; thence North at right angles 360 feet; thence West parallel with said South line 506.20 feet; thence on a tangent curve concave to the Northeast having a radius of 445.51 feet and having a delta angle of30 degrees 09 minutes 234.46 feet; thence Northwesterly at right angles to the centerline ofCSAH No. 18 and tangent to said curve 65.36 feet to point of beginning; thence continuing Northwesterly along last described line 294 feet to said centerline ofCSAH No. 18; thence Southwesterly along said centerline 185 feet; thence Southeasterly at right angles to said centerline 295.93 feet; thence northeasterly parallel with said centerline 185 feet to point of beginning; subject to easements of record. NOTE: All other Section of the Zoning Ordinance Shall remain as written and adopted by the City Council of the City of Andover. Adopted by the City Council of the City of Andover on this 16th day of December. 1997. CITY OF ANDOVER ATTEST: lE. McKelvey, Mayor / Victoria Volk, City Clerk Regular Planning and Zoning Commission Meeting A.finutes - November 25, 1997 Page 2 Public Hearing: Amendment to Comp Plan Land Use Plan/C to RU, 26xx 138th A venue, Cont,) a tential buyer. The buyer has indicated a desire to construct two single family residential homes, one each lot. The question is whether this land use conforms with the other uses in the area. There are number of multiple family units to the north and east, a commercial area to the south and single family sidential across Crosstown Drive to the west. Commissioner Ape It the use would not cause a conflict with the neighborhood, nor did he think it was valuable comm ial property because it is only two small lots. He felt from the City's standpoint, the proposal is Motion by Apel, Seconded by s, to open the public hearing. Motion carried on a 4-Yes, 3- Absent (Gamache, Luedtke, Squires) te. 7: 10 p.m. Barb Drabant 13753 Partridge - thought the was a small park in the area. Will that park remain? rvlr. Hinzman pointed out the triangular shaped p k to the south, which will not be affected by this proposal. '/ /l-lotion by Barry, Seconded by Wells, to close the public Absent (Gamache, Luedtke, Squires) vote. 7:12 p.m. -} Motion carried on a 4- Yes" 3- Chairperson Peek concurred with Commissioner ApeI's comments, tha 't is an appropriate use and does not constitute spot zoning. Commissioner Wells felt the multiple use ould fit better with the immediate neighborhood, but she was agreeable to single family housing as I. Motion by Apel, Seconded by Wells, to forward a Resolution to the City Council ommending approval of the Comprehensive Plan Land Use change as defined in Item 4 for the pro rty from Commercial to RU, Residential Urban Single Family, Motion carried on a 4-Yes, 3- sent (Gamache, Luedtke, Squires) vote, 7: 13 p,m, (Commissioner Gamache arrived at this time) PUBLIC HEARING: REZONING - NB, NEIGHBORHOOD BUSINESS TO R-4, SINGLE FAMIL Y URBAN - 26XX H8TH A VENUE NW - RANDI ERICKSON 7: 13 p.n.. Mr. Hinzman stated all of the issues for the Compreh~nsive Plan Land Use change apply to the rezoning. / /l-fotion by Barry, Seconded by Wells, to open the public hearing. Motion carried on a 5-Yes, 2- Absent (Luedtke, Squires) vote. 7: 14 p.m. There was no public testimony. Motion by Wells, Seconded by Gamache, to close the public hearing. Motion carried on a 5-Yes, 2-Absent (Luedtke, Squires) vote ,I Regular Planning and Zoning Commission Jvleeting Minutes - November 25, 1997 Page 3 (public Hearing: Re=onillg - NB to R--I, 26xx l38th Avenue, C'Jntinued) Motion by Barry, Seconded by Wells, to forward to the City Council the Staff prepared Resolution presented (approving the rezoning). Motion carried on a 5- Yes, 2-Absent (Luedtke, Squires) vote. 7:16p.m. PUBLIC HEARING: LOT SPLIT - 17203 TULIP STREET NW - THOMAS AND SHAREEN 'HNSON / 7:16 p. . Mr. Hinzman reviewed the request of Thomas and Shareen Johnson to split the northern and easte approximately 7.9 acres from a 1O.5-acre parcel at 17203 Tulip Street NW. The property is zoned R-l, d the present residence would be located on the 2.6-acre parcel. It is being proposed that a cui de s be constructed on the west end of the property to provide access to the split property, That cu e sac would be constructed by the applicant and dedicated to the City, and the City would maintain ' Mr. Hinzman reviewed the applicable ordinances. In 1992 the Council denied a variance request the minimum lot width in order to split the parcel by creating a 34-foot wide s~rip for a driveway fi Tulip Street. The application does meet minimum lot requirements with the construction of the c de sac. The proposal has been submitted to the Anoka County Highway Department, but no co ent has yet been received. The proposed lot arrangement may hinder future property subdivision to he eastern half of the property. Commissioner Wells noted the county road ough there has deep ditches, plus there is a dangerous curve just to the south. She asked if the coun intends to upgrade that road, Mr. Hinzman didn't think the county has indicated any improvement ill be made to that street in the near future. Thomas Johnson - stated it is good road where the cui e sac would be located. Mr. Hinzman also explained there is a 34-foot strip that is a separate parcel d is owned by the applicant but is not a part of the application. It would remain as a remnant. The r son the cui de sac is not proposed at that 34-foot strip is that the location would not meet the distanc requirement between 172nd Lane and 172nd Avenue. Motion by Barry, Seconded by Wells, to open the public hearing. Absent (Luedtke. Squires) vote. 7:26 p.m. Dean Olson 17132 Round Lake Boulevard - asked why a cui de sac is needed. felt that hinders future development of the rest of that property, which wouldn't have enough road ontage, Mr. Hinzman reviewed the ordinance requirements for lot width and how those requiremen are being -' met \-vith the construction of the cui de sac. He did not know the feasibility of being able t extend the cui de sac in the future for further development. It would be difficult to utilize the back pion of the acreage from Tulip Street. J CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION DATE: November 25. 1997 ITEM NO. 5 ORIGINATING DEPARTMENT Public Hearine: REZ 97-09 Rezone from NB to R-4 26xx 138th Avenue NW Randi Erickson Planning John Hinzman 1"' City Planner Request The Planning and Zoning Commission is asked to review the rezoning request ofRandi Erickson to rezone 1.0 acres from NB, Neighborhood Business to R-4, Single Family Urban located on the southeast comer of 138th Avenue NW and Crosstown Drive NW (PIN 33-32-24-13-0014 & 0049) legally described on the attached amendment to Ordinance 8, Section 6.03. / An amendment to the Comprehensive Land Use Plan (Item No.4) is requested in conjunction with the rezoning. Applicable Ordinances Ordinance 8, Section 5.02, establishes the procedure for changing zoning district boundaries (rezoning). Ordinance No.8, Section 5.03(B) establishes the criteria for granting a special use permit. These same criteria have been utilized by the City in considering rezoning applications in the past. The criteria include the following: Effect of the proposed use upon the health, safety, morals and general welfare of the occupants of surrounding land. Existing and anticipated traffic conditions including parking facilities on adjacent streets and land. Effect on values of property and scenic views in the surrounding area. Effect of the proposed use on the Comprehensive Plan. , , , .' Page Two Rezoning - NB to R-4 26xx 138th Avenue NW November 25, 1997 Ordinance 8, Section 6.02 establishes the minimum length, width and size for property in the R-4, Single Family Urban Zoning District. They are as follows: Lot Width at Front Setback Lot Depth Lot Area Per Dwelling - 80 feet - 130 feet - 11,400 square feet Adiacent Zonin!! and Land Use Adjacent zoning and land use within 350 feet includes the following: North East South West M-2, unplatted multiple family housing M-2, unplatted multiple family housing NB, Total Mart and Speedy Video R-4. Creekhaven Addition, Northwoods Addition Back!!round , / The applicant has amended the original request to build multiple family housing on site. T'Yo single family detached homes are now proposed. General Review The adjacent neighborhood along 138th Avenue NW consists of multiple family housing constructed during the 1960's and 1970's. Housing density in the vicinity of the proposed property ranges from two to eight units per building. Single Family Detached housing exists to the north and west of the property. The Comprehensive Plan Land Use Guide designates the site as C, Commercial. An amendment to the RU - Residential Urban Single Family classification would be necessary to rezone the site. Commission Options 1. The Andover Planning and Zoning Commission may recommend to the City Council approval of the rezoning request ofRandi Erickson to rezone 1.0 acres from NB, Neighborhood Business to R-4, Single Family Urban at 26xx 138th Avenue NW, legally described on the attached amendment to Ordinance No.8, Section 6.03. 2, The Andover Planning and Zoning Commission may recommend to the City Council / denial of the rezoning request ofRandi Erickson to rezone 1.0 acres from NB, Neighborhood Business to R-4, Single Family Urban at 26xx 138th Avenue NW. .I Page Three Rezoning - NB to R-4 26xx 138th Avenue NW November 25, 1997 The Planning and Zoning Commission finds the proposal does not meet the requirements of Ordinance No.8, Section 5.03(B). 3. The Andover Planning and Zoning Commission may table the item pending further information from the applicant or Staff. Attachments A-I Ordinance Amendment A-2 Location Map A-3 Aerial Photo A-4 Application for Rezoning A-5 Notice of Public Hearing / / Li I IJ k " ~J-= ~ ~~ _~ Z ,-/3 ~ = ~ n I \".r p. O-'?qS' ~ '" - c / ~ &~ - ...,'~ A . o~ - ~~ 71\~ IV<>-,? - . / =- [U <:: ~ ) ~ s ~ ~ 'I ~ I , ~ ..... m :::0 ...... _ ~ . . ,Ct I\J ~ I ~ ~ ~ -.=r.- :i J - I~ rr ~ g --;VI -!Z X.~V1~ ~T - ~ ~ ~1^,iX T ~ :-~ ;:::COo'!:l'J _ i ~ ~~ ,N J/J~;:' I \ IlL \ 1// V/ '" ~ ............ II ~~ 1J~'~ r / "--... L ~ _100 ~TTt:K::SWEET ST ~ L " ~ ,. 1,- I ! I I I i " ,i -I' I - ...lo. ~ :I r- Iz - - ~ ~i/\ ~y ~ ~ ,~ 18~z DDD..DDDDDDDDDD~ ~$Q~Q(D~Z~~~~~~~~~ (Q ~;o - '" , CD I\) ~ .p. c.,,:n~,J -a. -a.-' ;;;;t'co'R'1 I I, I I I 1)>I::r 6~~c~~ZC~~w.w.w.'m= i" ~ ~ ~ 0 g. 3: ~ ~ ca'ca'ca' atca\U h I ~~~~~~aa_--~-i iil -Ill >2.O"c..uu~ ~ ~ c ~ - -~O(D~~'TI'T1'T1-"'T1 ::u (DCC 3-!ii 9 9 III III III !ll III (J'Q Q ~,g~:i'1i1i~~~~~' (t) m. Sl! ~~~ ==~' <'n""B.1:J::J ~ cr ",1Il11l. caca c!!l:Tl::~ ~ ~ ~. h B" ~ 0- iil-, i--'-' ~ :e ~ g-~ tii.-g ~~ca(J) lil. ~ ~~i Q., - ... . \.C> .... ~J-18 ~. ~ g: ri-c - Q ~ a &fH ~GlJl" ~(jj3 . ~ fell' , ~. I cil L.Ig ;l. ar '0 !i! <-0 0 II! (J}:;E ~ Cl) ~ a 1_ CD CD -l. _....,_ ~ ::l i1 lD CD CD 0 ~ OJ c: ...... ~ c::l ffi "0 CD C. -...j en OJ ::l. CD en ~ sa i ~ :!:! ~ ~'~a f~~ ~::ti ~ '. J DATE OF PHOTOGRAPHY APR I L. 1993. NOV-13 97 11:30 FROM: 755-8923 TO:612 427 4878 PAGE: 02 ; / CITY of ANDOVER 1685 CROSSTOWN BOULEVARC N.W.. ANDOVER, MINNESOTA 55304. (612) 755-5100 property Address RBZONING BEQUEST PORK C0YMr of a rC~f(iltJtJ .!;,bi r I ~ X ~ AtL. Legal Description of property; (Fill in whichever is appropriate); Lot Block ,~- .J2'U- 1.3 -COli PIN - 0('1 <.IT? . ,~,f'" 1,1 -. : n.ffe.~ 1" ,-,--'Ltt LU Addition (If metes and bounds. attach the complete legal description). Is the property: Abstract ~ inforaation muat be provide~ county) . or Torrens ? (This can be obtained lrom the . --------~--~-~---------~-------------------~~------.------"------ Reason for Request .-.- / Current Zoning N 13 -/lJeI'9htUW &>Requested zoning R-q 5/~ fO"dy, ~/iP,., ----------------------------------------------~---------~-------- .<I;n- V! 7(': 11/,1'./ '17 , Signature ./Date _________________________L____ ------**-------------~._--- \..., Property Owner (Fee Owner) D-111 TFJI t.:JT(f1(5vr..:J (If different from above) / Add <os, en..;;: -+-K'--; ~ ( (: -t::( L e..1I /1:4 i/IN . 1 ~~~::;~::~~..;2~.:~:::...~=~~~~~~._ " / CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W, . ANDOVER, MINNESOTA 55304 · (612) 755-5100 . CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The Planning and Zoning Commission of the City of Andover has rescheduled a public hearing for 7:00 p.m., or as soon thereafter as can be heard, on Tuesday, November 25, 1997 at Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota to review the rezoning request ofRandi Erickson to rezone 1.00 acres from NB, - Neighborhood Business to R-4, Single Family Urban on property located at the southeast . comer of 138th Avenue NW and CrosstoWn Drive NW (26xx 138th Avenue NW). (pIN ' 33-32-24-13-0014 & 0049) legally described as follows: . , / That part of the South Half of the Northeast Quarter of Section 33, Township 32, Range 24, Anoka County, Minnesota described as follows: Commencing at a point on the South line of said South Half 550 feet West of the Southeast Comer thereof; thence North at right angles 360 feet; thence West parallel with said South line 506.20 feet; thence on a tangent curve concave to the Northeast having a radius of 445.51 feet and having a delta angle of 30 degrees 09 minutes 234.46 feet; thence Northwesterly at right angles to the centerline of CSAH No. 18 and tangent to said curve 65.36 feet to point of beginning; thence continuing Northwesterly along last described line 294 feet to said centerline of CSAH No. 18; thence Southwesterly along said centerline 185 feet; thence Southeasterly at right angles to said centerline 295.93 feet; thence northeasterly parallel with said centerline 185 feet to pointof.be~n.s; subjectto easelll~nts of record . All written and verbal comments will be received at that time. A copy of the application will be available for review prior to the meeting at City Hall. ~ (/.$ Victoria Velk, City Clerk Publication dates: November 14, 1997 November 21, 1997 / P~: 333224130005 H('T T)ERNESS GERALD E & I E L / CROSSTOWN DR NW ANDOVER MN 55304 P~: 333224130011 JINDRA KENNElH I & DARLENE 13524 GLADIOLA Sf NW ANDOVER MN 55304 P~: 333224130014 G M INVESTMENT CO 9745 HWY 10 ELK RIVER MN 55330 P~: 333224130015 FINK WILLIAM C & GLORIA L 6512 VALLEY VIEW HAMEL MN 55340 P~: 333224130016 ANOKA COUN1Y OF 2100 3RD AVE ANOKA MN 55303 P~: 333224130017 UECKER ROGER E 2605 1381H AVE NW ANDOVER MN 55304 P~: 333224130022 ARNOLD MARY KAY 13809 NORlHWOOD DRNW ANDOVER MN 55304 P~: 333224130023 SCHULZ ION R & DOLORES CABRERA 2635 1381H AVE NW ANDOVER MN 55304 P~: 333224130024 !vUDWEST FEDERAL SAVINGS 13818 CROSSTOWNDRNW , A} JER MN 55304 , / P~: 333224130025 HUDSON DOROlHY MAY 13828 CROSSTOWN DR NW ANDOVER MN 55304 P~: 333224130040 ANDOVER CITY OF 1685 CROSSTOWN BD NW ANDOVER MN 55304 P~: 333224130041 NORLING DAVID R & DOLORES I 11608 MISSISSIPPI DR CHAMPLIN MN 55316 PIN: 333224130042 ANDOVER CITY OF 1685 CROSSTOWN BLVD ANDOVER MN 55304 P~: 333224130043 MOSKALIK LARRY & KIYOKO 11608 MISSISSIPPI DR CHAMPL~ MN 55316 ?IN: 333224130046 TAMES CO., T. F. 00 BOX 24137 \fiNNEAPOLIS MN 55424 P~: 333224130047 ANDOVER CITY OF 1685 CROSSTOWN BLVD ANOKA MN 55303 'IN: 333224130048 \NDOVER CITY OF :685 CROSSTOWN BLVD \NOKA MN 55303 , P~: 333224130049 G M INVESTMENT CO POBOX547 ANOKA MN 55303 , ./ 'IN: 333224130060 :'A YLOR GARY G & SANDRA I 3784 CROSSTOWN DR NW \NDOVER MN 55304 PIN: 333224130061 CAVANAUGH TODD M & BIRGITI'E A 26221381HAVENW ANDOVER MN 55304 P~: 333224130062 Df. '~.MARK A & MARCIA A 26~ .:38TII AVE NW ANDOVER MN 55304 P~: 333224130063 DREYER ROBERT J & JULIA D 2646 138TII AVE NW ANDOVER MN 55304 P~: 333224130064 STANLEY JAMES D & CATIIY J 2658 138TII AVE NW ANDOVER MN 55304 P~: 333224130066 ZICKERMANN SlEVEN E 13785 NORTIIWOOD DR NW ANDOVER MN 55304 P~; 333224130067 NOVAK JAMES J & BARBARA L 13777 NORTIIWOOD DR NW ANDOVER MN 55304 P~: 333224130068 SIVERTSON CURTIS L & JOANN 13769 NORTIIWOOD DR NW ANDOVER MN 55304 p~: 333224130071 GREEN DONNA L 1135 WMAIN ST ANOKA MN 55303 P~: 333224140003 ANDOVER CITY OF 1685 CROSSTOWNBLVDNW ANDOVER MN 55304 ~~: 333224140004 AlvIERICAN HOUS~G TRUST I 1351~ GLADIOLA ST NW AN. IER MN 55304 P~: 333224140005 PULUS NEILL J & KAREN L . 4021 VIKING BLVD NW ANOKA MN 55303 J~: 333224140006 mI'PLER DONALD E & J B !430 WILD RICE DR NE .,IfYOMING MN 55092 P~: 333224140014 KROENKE EDWARD D & RALENE RT I BOX 40 MADISON MN 56256 '~: 333224140015 :ROENKE EDWARD D & RALENE '.T 1 BOX 40 -fADISON MN 56256 P~: 333224140023 JOHNSON WALLACE J & CONNIE M 2542 138TII AVE NW #2 ANDOVER MN 55304 ~: 333224140024 CHROEDER CONRAD 0 & MARY E 5510 FILLMORE -LK RIVER MN 55330 P~: 333224140038 ANDOVER CITY OF COMMUNrrY CENTER1685 CROSSTOWN BLVD NW ANDOVERMN 55304 / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: Januarv 6. 1998 AGENDA SECTION Discussion Item ORIGINA TING DEPARTMENT Planning ITEM NO. 7~ Public Hearln!!:: Vacation of Easement Round Barn Site Presbyterian Homes John Hinzman, fM- City Planner Request . The City Council is asked to hold a public hearing to vacate drainage and utility easements on existing platted property in the vicinity of the "Round Barn" site by Presbyterian Homes Housing and Assisted Living. Effected are Block 3, Lots 1-5 of WOODLAND CREEK and Block 4, Lot 1 of ANDOVER COMMUNITY SHOPPING CENTER. Sp'ecific easment vacations will be presented at the meeting. Attachments A-I Area Location Map A-2 Vacation of Easement Application A-3 Notice of Public Hearing / . , OJ ~--- ~ \ . . .' ic..v ~ t-{O I , C en ,~ - :- --- , --- Z 0 I ",IlJ . eo r b.. "" j ST~ ~ , ~ w , -- t Ei I 1 ., , Ct ~ r- r-- ~ ~~~ - :::... Z ; ~..[ l)R~ ~ I I -- ~~~ 45 snSS'8~' 'N1 ~W[ .... ~ o {.il JJ i ! - n I I\J ~ I ! < ~ ., ,..... J RI OLD srU N ~R GI :JL[ ) f ~ ;0 w "f- a> - ~ -I I - OJ r;) ) r- 8~z -~ DDD..DDDDDDDDDD~ ~~~ aF ~~Q~@~~~~~f~~~~~ ~ ~ co;o- r\)-a. Wf\J............ ;;t CD I ~ I I t I I I I I I l> I :J- aaa ~Hw '0 o~~~~~~C~~~~~lmc i -<-DO 1" ::l ::l 0 (C. ~ cB'cB'cB' arcB ~ 'S. S. S. ~ i.r .J I ~~~~~a~~---::l-i ~ = = ~ -Q) '8' '2.'2.~ ~ ~ 5i. ~ ~ j~r C/)~"U m. -eEl CJ~ ~ "TI"TI"TI "TI :3.0 g: ~ tu tu ~ CJ ~m~~Q)Q)Q)~Q)_,OQ a - @ ~ ~.gas'__~~~~@ (D =...., ~.~O II I CD = trj "'0 ..... :': .., - h\ ~ ~ ~ ==~CnrJ1a;U~ ::;:s , ~ ::J "T1 CD -. ~ cB cB I: - tf I: Q) 0.. s=~ , CD CD 0 f~~ fIl tu C g '~Q)~~ ill!::!': ..... en - ::J ~ ::l 8"~ ~.-O ~ ~ CD ::rC ~ ::l cB ~ ~ "0 CD g. a- en ::J. ril. l! Dl -< i ,., a ;1;1 12/23/1997 11:27 6124909145 JEC~23 97 ~9:31 "ROM: SII -ED I -9-iP 755-8923 TO: 5124909145 PAGE 02 PAGE; 61 / CITY of ANDOVER letll CROSSTOWN BOUl.evARO N_W. . ANDovER, UINNESOiA 55304 · (612)155-5100 "ACA~IOM 01' IASEMDT UQUBST JrOIUI propert.y Address -3 -:s 3 I -g",,.., JC.e f::" lAKE' Bllld. tic, Legal Description or Property: (Fill tn wnichever Ie appropriate)J . I.i AN:/tJller ClI.,..,r Lot '-S Block "3" A~diUon ~/f:,nd &HI< pla t Parcel PIN 3d.i~-13--ck],S'f /J~-~~'~-OOIb.l7, It,i'l,~ (If Mete. ana bOun~', &ttacn the comp . e 10951) "~.___~N~__~___._~~"~~~___~~~~N_--~~_N.---"WW_N~_N~_"~---------~- IUlilSon fOf :Request Vlltc.~ ~.'!J_',^~~ to( {g.,tt\; ~ i?<" - 'P\c-..t of t'('~....('"~ I ~O(' N-e......) -r\tu.... ~c...... ""-<;.\-......", ~ . S~'^-\t>......\.\ClV~i"'~ (a..........lPUC1.- / cur.rent zonin9 /.:I~, ~lft):7(e ~/f/~ _NN__~~~___~~M~___~~_.H~~_--_~___~_~.MN___~~"~_~~N-------------~- Name of Applicant lV'~IP~ ~,'CJ.."'" &l'W.c:. (:\,.......'."', l A..SI'~U. J. LA..,;.y Addrus "3'"5'2--0 4.;(, .:T.>I->>,n;?~ ?3/vd. oS" M.d SS/f2.. Home phonll ~ne$S phone l/'It:>- t:j I Z. (,. ~~:::~:::~::2~~~~:~~~~_M_____________::~:___~~.~~~1N?__ property Owner <r.. Owner) .C:;-Ilme (If dl!terent f~om above) Address Nome E'hone Budnes& phone Dote signature _.._~_____~__NNH__~~~_____~_WNNY.~~.N--_~N~~~--~~-_W_-----~------ J / CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N,W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The City Council of the City of Andover will hold a public hearing at 7:00 p.m., or as soon thereafter as can be heard, on Tuesday, January 6, 1998 at Andover City Hall, 1685 . Crosstown Boulevard NW, Andover, Minnesota to review the vacation of easement request of Presbyterian Homes of Minnesota to vacate drainage and utility easements on the following legally described parcels generally located in the vicinity of the "Round Barn" site: , J Lot 1, Block 4, ANDOVER CENTER (pIN 32-32-24-13-0059) Lot 1, Block 3, WOODLAND CREEK (pIN 32-32-24-14-0016) Lot 2, Block 3, WOODLAND CREEK (pIN 32-32-24-14-0017) Lot 3, Block 3, WOODLAND CREEK (pIN 32-32-24-14-0018) Lot 4, Block 3, WOODLAND CREEK (pIN 32-32-24-14-0019) Lot 5, Block 3, WOODLAND CREEK (pIN 32-32-24-14-0020) All written and verbal comments will be received at that time. A copy of the application will be available for review prior to the meeting at City Hall. ~ tfdb Victoria V olk, City Clerk Publication dates: December 26, 1997 January 2, 1998 , J DEC-23-97 TUE 1J:34 AM ANOKA COUNT! SURVEYOR ~ PIN: 323224140021 ~P'I)ESKY STEVEN I &. JEANNE L )4 138m LN NW M'DOVERMN 55304 PIN; 323224140023 FONSECA TODD A &; JOA.~ M 3336 13STH LN NW ANDOVER MN :5:5304 PIN: 323224140025 RlJDRUD DAVID B &; CYNIHIA J 3308 138THLNNW ANDOVER MN 55304 PIN: 32322U400Z7 POORE STEVEN R 3293 138TIi AVE NW ANDOVER MN 55304 PIN: 323224140029 JElUCH MICHAEL A &; STRAND T M 33211381HAVENW ,Al\lDOVERMN 55304 , / PIN: 323224140031 HATILING TIMO'IHY A lk. SUZANNE M 33491381HAVENW ANDOVERMN 55304 PIN: 323224140043 WOODLAND DEVELOPMENT COlU' 830WMAINST ANOKAMN 55303 PIN: 323224140047 WANDLING CORY L &; RHONDA K. 3268 138TIl AVE NW ANDOVERMN 55304 PIN; 323224140049 PASCHKE M I &; KINNANDERK R 3236 138TIl A VB NW ANDOVERMN "304 , '323224140055 ~....1I.r.eTm DANIEL W &; JANICE 3253 138'I1l A \IE NW ANDOVERMN 55304 FAr NO, 3235418 PIN: 323224140022 DAHLB MARK A & LISA R 3350 13STI1LNNW A.."mOVERMN S5304 PIN: 323224140024 KEMP CHARLES A & MERRY L 3322138'IHLNNW ANDOVER MN 55304 PIN: 323224140026 SBAMANS lAMES S &: SYLVIA E 3294 IJII'IHLN NW ANDOVEllMN 55304 ~IN:323224140028 FJELD CHRlSTOt'~ T It COLLEEN 3307 l38'IH A VB NW ANDOVER. MN 55304 PIN: 323224140030 MERKT JEFFREY J & YBARRA D J 3335138THAVENW ANDOVERMN 5~304 PIN: 323224140032 MADDENMARKD &: KIM M 3363138llIAWNW ANDOVERMN 55304 PIN: 323224140046 WOODLAND DEVELOPMENT CORP 830 W MAIN ST ANOKA MN 55303 PIN: 323224140048 HANSBNJEANB 3252 138m AVE NW ANDOVER MN 55304 PIN: 323224140054 RYOWALL lAMES K & MARIAN B 3237 1381H A VB NW ANDOvml MN 55304 PIN: 323224140056 KAMPA C\A.lG S :3269 138TH AVB NW ANDOVER MN 55304 p, 5 DEC-23-97 TUE 1J:33 AM ANOKA COUNT~ SURVEYOR ~ PIN: 323224130051 , - 'IlrrA KAlliALEEN A ;33 QUAY ST NW ANDOVER MN 55304 PIN: 323224130053 RANEY RONALD E & DEBORAH K 13S07 QUAY ST NW M'DOVER. MN "304 FiN: 323224130055 ELLIO'IT STEVEN & DEBRA 13781 QUAY ST NW ANDOVER. MN 55304 PIN: 3232J41300'Sl A P DEVELOPMENT CORP 6701 W 23RD ST MPLS MN 55440 PIN:323224140006 PARSINEN J & ADOLFSONM 3331 BUNKER LAKE BLVD NW "TJX)VERMN 55304 . ) PIN: 323224140011 LIVIERl ROBERT A & USA C B8380RC.HID STNW ANDOVERMN 55304 PIN: 323224140013 S'IRANSKY R.OBERT E & SHEn.A T 13810 ORCHID ST NW ANDOVERMN SS304 pIN: 323224140015 CAlLIES LIONEL R JR & BONNlE K 13872 ORCHID ST NW ANDOVERMN 5S304 PIN: 323224140017 SA PARTNERSHIP 1 PO BOX 9377 MPLS MN 55440 : 323224140019 'APARTNERSHIP I PO BOX 9377 MPLC< MN 5.5440 FAr NO, 3235418 p~: 323224130052 IACKSONDARllliLLR 13821 QUAYSTNW A."'IDOVER MN 55304 P~: 323224130054 DALCIN ALFRED M Jll & L M 13795 QUAYSTNW ANDO"YBR. MN "304 p~: 3232241300S6 WALL~OAIlYl 13769 QUAY Sf NW ANDOVER. MN 55304 p~: 323224140002 ADOLFSON JAMES F &. BONNIE J 3331 BUNKERLAKB BLVD NW ANDOVER. MN 55303 p~: 323224140007 PARSINEN 1 &; ADOLFSON M 3331 BUNKBR.LKBLVD ANDOVER MN 55304 p~: 323224140012 BRICKSON ROGERD & Plfi'LLIS A 13824 ORCHlD SI'NW ANDOVBRMN 55304 p~; 3232Z414C014 EBERLE JOEL &; HEIDi 13794 ORCHID SfNW ANDOVER~ 55304 PIN: 32322414C016 SA PARnlERSHIP I PO BOX 9377 MPLS MN SS440 PIN: 32322414001& SA PARTNERSHIP I PO BOX 9377 MPLS MN 55440 PIN: 323214140020 SA PARTNERSHIP I PO BOX 9377 MPLS MN SS440 P. 4 DEC-23-97 TUE 1):32 AM AN0KA C0UNT~ SURVEYOR ~ PIN: 323~22400 CALLIES L It JR. & BONNJB K 1387Z0R NW ANDOVER. 55304 PIN; 3~22+1 17 SA PAR: HIP I PO BOX 9 MPLS 554 PIN: 323224410003 ANDTI.sLOG PTIlSHP UP CiO CONSOLIDATED REAL EST C07S70 W 1471H "'TREE"f. . ,J FAX NO, 3235418 PIN:3Z3ZZ411OO12 ERICK~RO D &PHYI.LlS A 13824 OR: ST NW ANDO S304 PIN: 323224420002 MEADOW CREEK ASSOCIATES 3480 BUNKBR.LK BD NW ANOn MN 55304 PIN: 323224420063 TRIPLB S INVES'IMB!\'TS 2300 PILOT KNOB RD MBNDOTAHOTSMN "lZO P. 3 J.I.w~' l...J ....'/ .l.V~ .I.,J'..!L. .u..~ .U'\oo"'U. "'....v...,.... "\oon ....,u PIN: 323224130037 OHO'ITO a~'DRA K '~62BEAVERDAMDR CEDARMN 55011 PfJN:323224I30039 FALAKI MOHAMMAD R 344S 138111 CT NW ANDOVER MN 55304 PIN: 323224130045 MCDANIEL MELISSA A 3478138TIi cr NW ANDOVERMN 55304 ,1 1 PIN: 323224130047 SWANSON ROBERT E &: MARY S 5340 199TH AVE NW ANOKA MN 55303 PIN: 323214130049 BELPEDIO JOIDl P 3446 138TH CT NW ANDOVERMN 55304 / . PIN: 32321~1 JACKSON D L R 13821 QU ST ANDOVERMN 55304 PIN: 323~OO WALLIN J 13769 QU S . ANDO MN 5 04 PlN:323224I30071 MILLER GENE R &. MILDRED J 3461138TIi CT NW ANDOVER MN "304 ~:32322413oo82 /,NDQVU LIMlTlID PARTNERSHIP 6272 BOONE AYEN BTtOOKL YN PARK MN 55418 - ..- ---. ........... .... PIN: 323ZZ413003S SaINlCXJ!LS SmVEN A 3437 138TII CT NW ANDOVERMN 55304 PIN: 323224130040 TOBIASON NEll. &: ELIZABElH 3453 I381H cr NW ANDOVERMN 55304 ~: 323224130046 KLAITLYNNBD 3470 138'IH CT NW ANDOVER MN 55304 PIN; 323224130048 HOXTFlL WARREN G 3454 138lH cr NW ANDOVER MN 55304 PIN: 323224130050 JOHNSON CAROLE] 34381381lICTNW ANDOVERMN 55304 CORP PIN: 323224130081 FlRSTAR BANK OF MN NAT ASSN 101:B YIl1 ST STE 100 STPAULMN 55101 DEC-23-97 TUE 1):34 AM ANOKA COUNT! SURVEYOR ~ PIN: 323224140057 \l.CHARDT RANDY L , .I~70 138mLNNW ANDOVERMN 55304 PIN; 323124140059 GRATZ NIOiOLAS D & DEBRA A 3ZJa USTH LN NW ANDOVER MN "304 .I / FAr NO, 3235418 P. 6 PIN; 3232241400'8 SCHUL'IE ROGERP &: JEAN A 3254138'IHLNNW ANDOVBR.MN 55304 , CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , / DATE: lanuary 6. 1998 AGENDA SECTION Discussion ORIGINATING DEPARTMENT ITEM NO. ~. Approve Final Plat The Farmstead Planning David L. Carlberg Community Development Director The City Council has been requested by Presbyterian Homes and Assisted Living, Inc. to approve the resolution approving the final plat for "The Farmstead" Development project. The final plat is found to be in compliance with the preliminary plat. It is recommended that the final plat be approved subject to the following stipulations: 1, City Attorney presenting a favorable title opinion, 2, Security to cover legal, engineering, street sign and installation costs to be determined by the City Engineer. ) 3. The developer escrow for the uncompleted grading of the site, relating to City maintained improvements, as determined by the City Engineer or if the site is completed, a letter from the developer's engineer that lots and streets are graded according to the grading plan submitted. 4. Street light costs, if and where applicable, to be paid to Anoka Electric Cooperative. Costs to be determined by Anoka Electric Cooperative. 5. The final plat not be signed by the Mayor and Clerk until there is an executed Development Contract and escrows paid. 6. Receipt of all necessary drainage and utility easements. 7. Developer is responsible to obtain all permits from U.S. Army Corps of Engineers, DNR, LGU, CCWD, MPCA and any other agency that may be interested in the site. 8. Park Dedication as recommended by the Park & Recreation Commission as determined by Ordinance NO.1 0, Section 9.07. 9, Bikeway/walkway to be constructed along Bunker Lake Boulevard NW. The developer shall pay 50% of the cost and the City shall pay 50% of the cost. 10. Dedication of right-of-way for Bunker Lake Boulevard NW (Co, RD, No, 116) as required by the Anoka County Highway Department. 11. Comments on the memo dated December 24, 1997 from Scott Erickson, City Engineer and Todd Haas, Assistant City Engineer shall be addressed. 12, All other outstanding comments from the City shall be addressed. 13. Contingent on staff review and approval for compliance with City ordinances, policies & '\ guidelines. ) 14. Contingent upon the vacation of all existing easements, COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -98 / MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING THE FINAL PLAT OF THE DEVELOPMENT OF THE FARMSTEAD ,AS BEING DEVELOPED BY PRESBYTERIAN HOMES AND ASSISTED LIVING. INC., IN SECTION 32-32-24, Anoka County, Minnesota. WHEREAS, the City Council approved the preliminary plat of the Development of The Farmstead ; and WHEREAS, the Developer has presented the final plat of The Farmstead: and WHEREAS, the City Engineer has reviewed such plat for conformance with the pfeliminary plat; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of The Farmstead contingent upon receipt of the following: 1. The City Attorney presenting a favorable opinion. 2. Security to cover legal, engineering, street sign and installation costs as determined by the City Engineer. 3. The developer shall eSCfOW for the uncompleted grading of the site, relating to City maintained improvements, as determined by the City Engineer or if the / site is completed, a letter from the developer's engineer that lots and streets . are graded according to the grading plan submitted and approved by the City. 4. The final plat not be signed by the Mayor and Clerk until there is an executed Development Contract and escrows paid, 5. Street light costs, if and where applicable, to be paid to Anoka Electric Cooperative. Costs to be determined by Anoka Electric Cooperative. 6. Receipt of all necessary drainage and utility easements. 7. Developer is responsible to obtain all permits from U.S. Army Corps of Engineers, DNR, LGU, CCWD, MPCA and any other agency that may be interested in the site. 8. Park dedication as recommended by the Park and Recreation Commission. 9. Bikeway/walkway to be constructed along Bunker Lake Boulevard NW. Developer shall pay 50% of the cost and the City shall pay 50% of the cost. 10. Dedication of right-of-way for Bunker Lake Boulevard NW (Co. RD. No. 116) as required by the Anoka Co, Hwy. Dept. 11. Comments on memo dated December 24, 1997 from Scott Erickson City Engineer and Todd Haas, Assistant City Engineer shall be addressed. 12. All other outstanding comments from the City shall be addressed. 13, Contingent on staff review and approval for compliance with City ordinances, polices & guidelines. 14. Contingent on the vacation of all existing easements. / Page Two Resolution Final Plat - The Farmstead / January 6, 1998 Adopted by the City Council of the City of Andover this 6th day of January , 19~. CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk / .' CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: January 6.1998 AGENDA SECTION ORIGINATING DEPARTMENT Discussion ITEM NO. 9. Planning Jeff Johnson Hearing: Private Kennel License (Continued) Eugene Olson 17900 Uplander Street NW REQUEST The City Council is asked to review the private kennel license request for Eugene Olson. The proposed kennel is to be located at 17900 Uplander Street NW. See attached map for location. The property is zoned R-l, Single Family Rural and the approximate size ofthe parcel is 2.3 acres. As you are aware, this item was discussed at the August 19,1997 City Council meeting. Council directed that the item be tabled until the dog ordinance (Ordinance No. 53) was reviewed by the Planning and Zoning Commission and amended. The concern was that the ordinance lacked verbage relating to private and commercial kennels. There were no fencing and/or dog enclosure requirements to keep dogs contained on the property and no set limits on the maximum number of dogs per private kennel license. On November 4, 1997 the City Council approved Ordinance No. 233 - Regulating the Keeping of Dogs and Cats. This revised ordinance addressed the issue of dog containment and required that a private kennel cannot exceed six (6) dogs. APPLICABLE ORDINANCES Ordinance No. 233 regulates dogs and the issuance of private kennel licenses. A private kennel is as defined as follows: Means a place where more than three (3) but no more than six (6) dogs over six (6) months of age are kept for private enjoyment and not for monetary gain, provided such dogs are owned by the owner of the premises on which they are kept. A private kennel license can only be issued in an R-l, Single Family Rural Zoning District and shall not be issued unless abutting property owners have been given notice of the proposed application and a . / Page Two Private Kennel License 17900 Uplander Street NW . j reasonable opportunity to comment on the application. These types of license applications are directly referred to the City Council for review. BACKGROUND The applicant is requesting to keep six (6) dogs on the property mentioned above. See application for further details. The applicant is willing to construct a six (6) foot chain link fence in the rear yard behind the principal structure to contain such dogs on the property. The dimensions of the new fence are shown on the attached drawing submitted by the applicant. Mr. Olson's private kennel license request meets all criteria and requirements as stated in Ordinance No. 233. COUNCIL OPTIONS 1. Approval. The City Council may approve said license. The Council may want to establish conditions to be stated in the application. If approved, Staff recommends that a condition be added to make sure that the fence is constructed in a reasonable time frame, preferably before the summer months. 2. Denial. The City Council may deny said license. In denying the license, the Council shall state those reasons for denial. 3. Table. The City Council may table the item pending further information from the applicant or staff. -' . j CITY of ANDOVER APPLICATION FOR PRW ATE KENNF;L LICENSE Name of Applicant f? "~A'.u' 'C)\:)>"~,f~:~ffi-:~ ~.~ Address: IJq()() '1J} 'r()....'"'~r~, 9d.:^l. \.A\ ,'.' Phcn:: Nu....b>:r: (r- I ?- - 7 /.,-, ~ - .:2.. J-/2 .y- Quantity of Dogs (Six Months of Age or Older) to be Kept on Property: fc. ~ (4~ ' ' ',' '. . , , ,'. _ .' DOgT~S)IBrecd:,~._~~~~~h"Lo:., ~.~ Please attach adetailCd drawing showing the following: . . 1. Location, on premises, of the kenneL . (C ~ Q,~'J 2. Location of structures for housing the dogs. If the dogs me to be kept primarily within the home or ' , . other building of the residence of the applicant or of any other person, the application shall state so,' 3. The location, size, and height of dog enclosurc(s), if pn:scnt / 4. The location and type of fencing (if present). Fencing to, be of such quality, design, and height so that, . " it will contain the dogs. , ~..~ I, (.lie applicant) have received and read a copy of Ordinance No. 233 - Dogs and understand the rulcs and regulations as stated. I also, hereby grant City staff permission to inspect my property at reasonable timcs to review the ordinance . _ regulations and conditions of the license. a-r::.;,.w:.if ke..Jj _ ~ffiM ....n. ""'- , ' , ignature of Applicant ..............................................................~................~..... Current Zoning: City Council Conditions: Staff NotCslComments: Acreage Size: , , Reviewed By: Jeff Johnson, Zoning Administrator Fee Amount: Date Paid: . . Receipt No. . ') ) o~~~~ o ~~ -~~~ ~~. ~~~~~ O.r-rL ~~ ~ .~~ ~~4 I J-J g '/-. (C/ . . o ~ ..J) .,... ~, ~ o ~SV , ) - J :;.<:: =t C'I -..9 --;>t.. c-.l ~- x o o ...0 .... o ~ ~ '-.9 ~ , '\ ) .J " II i ~l-.. ",,:oo.,~ ! J ~ .';~"i. I I z , ::: J80JQ '~O}, 11;~:!o ~ ';0); f----1 .- I !'" 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I 21', ~:~ro 171'-' 17I.M ~ ~ ~ 1-I~~ x' ~ ~=- 'i "0" ~ I \ I 1701) ! ') /70iO r ~ '-r Z ,"33 Zl38 '"0 :'" "'" : z.,.J I .}~ \ \ 11.7,1 ~- ~ 111....... 117131 11'13 " - c,~ ,"7 .... Ll i ,70'{/ )""O~/ .2:$1/'1 .zSO/ :31'11 I .2077 / ~ '70<> !/7""0 _' , # ~_ /70'11 '~. ;~~z;, ~ ;~I7<ll.'" 1:6170 ,..., 170:,;;01/ r:: m !~~ k~ I~ f-- '- _/ . '\ '--) \ '---.) , 'I \"j CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 NOTICE OF HEARING CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA The City Council of the City of Andover will hold a hearing at 7:00 p.m., or as soon thereafter as can be heard, on Tuesday, January 6,1998 at Andover City Hall, 1685 Crosstown Boulevard NW, Andover, MN to review the private kennel license request of Eugene Olson for the keeping of no more than six (6) dogs (American Staffordshire Terriers) on the property located at 17900 Uplander Street NW. All written and verbal comments will be received at that time and location. A copy of the completed application for a private kennel license will be made available at City Hall for review prior to said meeting. Todd Craft 17850 Uplander St. NW ))Ver, MN 55304 Dennis Niemann 2421 1 79th Ave. NW Andover, MN 55304 Robert Severson 2420 1 79th Ave. NW Andover, MN 55304 Eugene Olson 17900 Uplander St. NW Andover, MN 55304 David Bowersox 17851 Uplander St. NW Andover, MN 55304 Harold Steinbring 17901 Uplander St. NW Andover, MN 55304 Dean Scott 18001 Uplander St. NW Andover, MN 55304 David Sollars 2351 180thAve. NW Andover, MN 55304 / / J ,I Regular City Council Meeting August 19, 1997 - Minutes Page 3 (Slow-No Wake Ord., Cont.) along the river are located. Mr. Carlberg explained that almost the entire river is 200 feet wide or less. Councilmember Orttel suggested that the City of Anoka also be contacted. Focus Session Results/Leonard Parker & Associates Colleen Nelson, Leonard Parker & Associates reviewed the summary results from the July 9, 1997 meeting. The vision statement focuses on the 90 acre parcel that the city will be developing. This will serve as a focal point establishing community identity. Site development will be oriented to professional and high- tech employment with limited neighborhood/ community retail. Landscaping to create buffer zones, open space and continuity of trailway /bikeway systems will be utilized to enhance Andover's identity as a community with a rural history and dedication to the preservation of the natural envirorunent. It will also create quality long-term development and jobs. / Council agreed that the vision statement covers what the city had requested. Ms. Nelson reviewed the remainder of the report noting that the master development plan and platting of the property should be completed by December 1997. There will be a final presentation to the Council in December. She also noted that Tobin Real Estate will be handling the marketing strategy. Councilmernber Orttel asked if there are funds available to complete this process. The balance remaining would be $20,600.00. Mr. Fursman stated there are TIF and CDBG funds available. I ) MOTION by Orttel, seconded by Dehn to accept the report by Leonard Parker and Associates and authorize completion of the contract as presented August 15,1997. Motion carried on a 4 yes, I absent (Kunza) vote. @ HearingIPrivate Kennel L/censr/E. 015011/179/)0 Uplander SlTeet NW Mr. Carlberg reviewed the request of Eugene Olson for a private dog kennel with 6 - 8 dogs. In 1995 an amendment to Ordinance 53 was adopted separating private and commercial kennel licenses. This is the first private kennel license hearing to be held pursuant to that ordinance amendment. Abutting property owners have been notified of the hearing. The ordinance relates to nuisance issues, barking, etc., but not to the breed of dog. If a license is issued and complaints are received, the item can go back to the Council for possible revocation. J ,I Regular City Council Meeting August 19, 1997 - Minutes Page 4 (Private Kennel License, Cont.) Council questioned the difference between private and commercial kennels with Mr. Carlberg explaining that commercial kennels are operated for monetary gain and private kennels are for personal enjoyment. Councilmember Orttel asked if the dogs that Mr. Olson has are pit bulls. Mr. Carlberg stated that they checked with the Andover Pet Clinic who said that they are a variety of pit bull. Because Mr. Olson has some of his dogs on chains and the yard is not fenced, Council felt that the ordinance needed some verbage regarding kennels as chains are not satisfactory. Council acknowledged a letter that was received from Todd Craft, 17850 Uplander Street NW expressing his concern about the lack of kennels and fencing. He is concerned with the safety of #le children and adults if one of these dogs should happen to get loose. \ J , l Eugene Olson, 17900 Uplander Street NW explained that his dogs are for his personal use with maybe a little breeding. The females are kept in kennels and the males are kept chained. Eventually all of the dogs will be in kennels. Council felt that the ordinance should be reviewed and some limits and restrictions be adopted, such as annual reviews and the number of dogs allowed. Dave Sollers, 2351 -180th Avenue NW expressed concern with what constitutes a kennel and an enclosure, the type of dog Mr. Olson has, how they are kenneled, the type of enclosure, and how the animals are maintained. Right now the dogs don't run free and don't cause problems. Mary Scott, 18001 Uplander Court NW is concerned about preventing anything happening to the children in the neighborhood. She spoke to the Humane Society regarding pit bulls and they said they will not adopt out a pit bull. She noted that Mr. Olson does take good care of his dogs. Mayor McKelvey asked Council to direct staff to take the ordinance back to the Planning and Zoning Commission for possible changes. MOTION by Knight, seconded by Dehn to table this item until the ordinance has been reviewed. Motion carried unanimously. / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , -' DATE: lanuary 6. 1998 AGENDA SECTION Discussion Item ITEM NO. Update of Winslow Hills 4th Addition /0. ORIGINATING DEPARTMENT Scott Erickson,dlL Engineering Staff met with Mr. Winslow Holasek on December 4, 1997 and previously with Mr. Holasek and the City Council on April 1, 1997, to discuss the utility and street improvements for the next phase of his development, Winslow Hills 4th Addition. As you will note on the attached letter we reviewed and reconfirmed the loss of sanitary sewer depth which would result if the trunk sanitary sewer were to be relocated from 150th Lane to 152nd Lane as suggested by Mr. Holasek. We also discussed with Mr. Holasek some options for him to evaluate regarding storm water improvements for his development. We again stressed the importance for Mr. Holasek to hire an Engineer to help him evaluate his options so he can assure the highest quality and most cost effective development design. The configuration of his development will need to take these issues into account in order to provide access to the existing utilities in the '- area. We will continue to work with Mr. Holasek and hopefully his Engineers as he proceeds J with the design of this development. J 97- cJ7 '. CITY of ANDOVER " 1685 CROSSTOWN BOULEVARD NoW. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 December 22, 1997 Mr. Winslow Holasek 1159 Andover Boulevard NW Andover, MN 55304 RE: Winslow Hills 4th Addition Dear Mr. Holasek , I Attached are the agenda and City Council minutes from April 1, 1997, where we discussed future service to your property. After our December 4, 1997 meeting with you at City Hall, we went back and re-reviewed your request to lower the sanitary sewer line at l52nd Lane to utilize this route for the trunk sanitary sewer extension to the east. After analyzing the trunk sanitary sewer route along 1 50th Lane as currently available and comparing that route to your proposed route along l52nd Lane, we have reconfirmed a loss of sewer depth of approximately four (4) feet. This loss of depth would not be practical or feasible for future trunk sanitary sewer service to the east. As we also discussed in the December 4th, 1997 meeting, you will need to evaluate with your engineer the storm sewer design and routing for your next subdivision. We will be glad to meet with you and your engineer to again discuss the options as they relate to your subdivision. As we had indicated on April I and again on December 4, we highly recommend you get your engineer involved as soon as possible to help you evaluate your subdivision layout including your utility and storm sewer needs. If you need any additional information or have further questions, feel free to contact me at 755-5100. Sincerely, /I CJ1:;-:'~'k-to........ Scott Erickson, P. E. City Engineer j SE:bw Regular Andover City Council Meeting 'Minutes - April 1, 1997 'Page 10 WINSLOW HOLASEK REQUEST TO ADDRESS CITY COUNCIL Winslow Holasek provided information to the City Co~~cil regarding the storm sewer system north of Coon Creek. He reviewed all of the feasibility studies done for the storm sewer system to point out the original proposal and the changes made as development occurred. He asked why the proposed Hanson Boulevard storm sewer system, which. he felt was a good one, was never done. He also oassed out a lette~ from TKDA dated April 5, 1988, where the storm sewe; for c~e Oak Bluf4fPbrtd, which was supposed to go down Hanson, would now go down Bluebird. That is where he felt things started to go wrong. It was also done at a higher cost than previously estimated to go down Hanson, plus it added more water to the drainage pond in Old Colony Estates. He asked why Oak Bluff and Hartfiel's Addition were changed to run down Bluebird inst~ad of Hanson. Why was Santa's Tree Farm not required to utilize the Hanson trunk storm sewer system? Because the Bluebird and Xeon storm sewer systems were built instead, he stated it has created a problem of having virtually no outlet for storm drainage for the City Hall plus those areas north of Crosstown Boulevard. Is the Hanson Boulevard storm sewer system going to be built, as he felt it is needed; and if so, who is going to pay for it? He felt these questions really deserve an answer from TKDA. / Mr. Ho~asek also provided some of the details on the construction of the storm sewer trunk along Xeon, the capacity of the pond along Andover Boulevard, and the change from the original propo~al t~<owha1",ha_~ .8.~,;:J},! constructed. There should be another storm sewer p~pe."Qg"~:f"X-lonot:'6 -Coon' Creek. On the northern end of the district, they paid three-fourths of the assessments and now they have to provide 90 percent of cheir ponding, which he felt is unfair. p~; II .. At this point, the Council took no action, but Mr. Holasek stated he would submit a list of his questions to be answered. RESPONSE TO WINSLOW HOLASEK'S LETTER Mr. Ericksen reviewed the Staff response to the March 4, 1997, :etter from Winslow and Corinne Holasek regarding water service, sanitary sewer service and storm sewer to their 40 acres northeast e= Wi~slow Hills 3rd Addition. ~e detailed the pipe sizes and locations of the water and sanitary sewer services, but noted the sterm sewer syste~ is typica:ly designed by che developer's engineer. That property is identi=ied to interconnect to the Xeon Street storm sewer. Mr-. H=2.3.se~ prov:.ded a le==er- =~ t.he Ci.:.y C::unci: :::-8~. \...': - -=:-.;.s:.:-.~er w~~=~ s=a:.~s ~~e san~':a~y sewer w~ll =~:y se~v~ ~wc-,:~:.~js ~~ ~~~ way == ':~e ra:.:rcad tracKs. ~e sta:.ed S8~e=ne c~anged ~h2 :2-~~=~ d-=e~ se~e~ 0:: lS2~d w~~=~ was show~ ~~ :.he feasibili~y repor~, 38 ~~w := :3 ~~ 3- inch sha:18w line. ~~e deep 12-inch line was s:.ubbed ~~ :30~~ La~e; ~~~ che ex~e~sien of the line means geing acress =arm ~r~~er~y ~e ~a5 s3ij he does intend co develcp. Also, there is ~~ stc~~ sewer cut~~~e to the Third Additicn. It was shown in the ~rigj~al fe~5~~~_lcy b~~ ~8~ i~ Regular Andover City Council Meeting Minutes - April 1, 1997 /' Page 11 (Response to Winslow Holasek's Letter, Continued) the construction plans and there is no change order for that change. He wanted answers as to why the changes were made. Before beginning the expense of platting the property, he wants to make sure ~he utilities can be provided; and according to his engineer, not all of it can be served. Mr. Erickson stated the original sketch plan shows the deeper sewer at lSOth Lane, which will provide the maximum benefit to the City. The Council asked that Mr. Holasek and Engineer and TKDA to resolve the development. his engineers work with the City engineering quest~ons for his APPOINTMENT OF COMPREHENSIVE PLAN TASK FORCE VACANCY Mr. Hinzman reported Randall Peek has stated he will not be able-to commit the time to serve on the Comprehensive Plan Task Force. He asked that another person be appointed. MOTION by McKelvey, Seconded by Orttel, to nominate Maynard Apel to serve on the Comprehensive Plan Task Force. Motion carried on a 4-Yes, "I-Absent (Knight) vote. , / MOTION by Dehn, Seconded by Orttel, to nominate Bud Holst as a:1 alternate. Motion carried on a 4-Yes, I-Absent (Knight) vote. APPROVE PLANS AND SPECS/IP96-26/SECTION 22 (WOODLAND ESTATES)/TRUNK SANITARY SEWER AND WATERMAIN The Council discussed various options of extending the sanitary sewer line to the development. Mr. Erickson stated the proposed trunk will serve the Woodland Estates property and that to the north, but the cost to extend further north probably would not be recaptured because a number of those properties have already been developed as rural. They did not evaluate the cost of using lift stations. The policy of the City not allowing lift stations could be re-evaluated, as they are very reliable now. Staff can bring back an analysis by the n~xt meeting. MOTION by Orttel, Seconded by Dehn, that the plans ar.d specifications for the Woodland Estates project in Section 22 be tabled u:1til the April IS meeting to give the Engineer a chance to review the alternative of a lift station versus the deep trunk. Motion carried on a ~-Yes, l-Abser.t (Knight) vote. APPROVE HIRING OF SUMMER FORESTRY INTERN AND ENGINEERING INTERN j ~r. Ericksen reviewed ~he duties the i~terns ~o~ld be pe~f0~~i~g. ~~ Forestry Intern will be helping with each deve:Qpme~~ ~~ ~~~p:y wi~~ ~~e Tree Preservation ?olicy, plus working with the Oak Wilt ?rcgram. The Engineering intern would be inspecting the grades on eac~ lot plus ne~p in a variety of other tasks. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION .' DATE: April 1 1997 AGENDA SECTION Reports of Staff, Committees, Commissions ORIGINATING DEPARTMENT ITEM NO. Response to Winslow Holasek's Letter /~. Scott Erickson, ~~ Engineering The City Council received a letter from Winslow and Corinne Holasek dated March 4, 1997, requesting information regarding municipal utilities for their property northeast of the Winslow Hills 3rd Addition. The City Council directed staff to evaluate and prepare a response to this letter. WA TER SERVICE Watermain lines have been stubbed on both 152nd Lane and 150th Lane for future extensions to the east. The watermain system and trunk lines have been sized to provide future water service for this area. , SANITARY SEWER SERVICE Sanitary sewer service lines have been stubbed on both 152nd Lane and 150th Lane for future extension to the east. The sanitary sewer system has been sized to provide future sanitary sewer service for this area. A 8 inch sewer line is stubbed on 152nd Lane to provide service for some of the area to the east. A 12 inch sewer line is stubbed on 150th Lane and is set at a deeper depth to provide service to the remaining area west of the tracks and for future extension to the east of the railroad tracks. STORM SEWER The Holasek property is identified to ultimately interconnect to the Xeon St. storm sewer, The developer previously had his engineers, Loucks and Associates. prepare a drainage plan for this area. The developer should refer to this plan and work with his engineers to identify hew they will handle the drainage from this site. As is typical for all new developments, the developer's engineer designs their project (including storm sewer design) in accordance with all City. County. State. Watershed. etc. requirements. The City of Andover then reviews the proposed design for conformance with City codes and design requirements . f .' Marach 4. 1997 Honorable Mayor and City Council City of Andover l685 Crosstown Blvd. NW Andover. MN 55304 Re: Availability of municipal services for the property northeast of the Winslow Hills 3rd addition As you know. forty acres of our land northeast of the Winslow Hills 3rd addition to the Burlington Northern railroad right-of-way is scheduled to be included in the MUSA district for the year 1998. Before we go to the expense to rezone and do a preliminary plat for this property, we want assurance from the city there are adaquate municipal services available from the Winslow Hills 3rd addition to service this area. We have included a sketch or this area. Some of the things that we need to know are: ) L Is there adequate trunk warennain capacity and depth from the Winslow Hills 3rd addition to serve the area'? 2. Is there adequate trunk sanitary sewer capacity and depth from the Winslow HIlls 3rd addition to serve this area? 3. Is there adequate trunk stann sewer capacity and depth from the Winslow Hills 3rd addition to serve this area'? We would appreciate it if you could please see that we are supplied with the answers to these questions prior to the next City Council meeting .\-larch is. 1997. P!ease have the answers addressed to each individual question seperately and cover both depth and capacity for each. Thank you. SiI}.cereiy. _"':'_.......','_'- ;.~"'-1.-~_ ..'-""'.........;-:.."-........ ~~~ :--"~;"....~ ;: Winslow and Corinne Holasek j " ::b '1:1 =b ;., , "., =>:;r ::.. <..D , ;i " :0 IQ 0- :'J ,..... .... "-J "! -<1 ;:I' , ..... :0 ::r c.o ..,. I- I I 1 I I ::b I ::b 00 =b f =>b- :n. 0,," -" ":"5 j . ~'-- ---- ='0 =b :c, i~ :tl 10l. :!/- ~ 1- "" ' I :., - "I' -~ ~ i":' - !' 1 r 0,," j ~I I I~ ::>5\ I~. ~ 2 ~l 0 ~I '.0 ~, ~ N N I ! ,::>501' I I. ::><:'1 : =-, i :g ~l ::1 '\, ::-r .(l \~ ~' :-. -. ;\J -. . :-oJ I J \ ;j<Ol :0 ~l -, / i ~ , " ~ ;\J " :oJ .,-, '" C / N r' , LO -:x.\. 001 ., Ob- I ::b ,~.:'J I' i-~ ~ : . ! l ~,~:i'fu. r~ ~_ <T' :8.-<1 .., ,- ~ ! '::;b. ~ ,.., !j '- '- ,.., , , , , / / j / ' .,' / ------,--/ , /' ,/' , , / WA TER MAIN , , / , , j . ~.: ... ............: ..: -.:.'~ : is 3~~j ..- ~~&I, : ~ O't "" ,;..... I. . ., . ~ ~ j'"" ..I_ ~ I '~ .. I - ao: .0 " . - - { 1. '..~ _'A '\. \., , " , j-; ,.-" --- " 1\, \ .. '" I' '" "". -. a ..'_ ...' 01:'.. .. -. ! ..,. '... ,... . CD ./ '. ' ... ' ... '. . / ' , . / , , / , " / SANITARY SEWER :! .~ \\ .\ '~ '\,?~ 'I\, :I> -~ t . ::..s....&. ... ' -~ .._ I lJ) , .1'.... ,I't '";..' ~ ~. 3J1vCU :/--:- ~' . - '.. ....e.Jt;:;. ~ ~ :1 ....... :" _ ~ ""- ~ - .. . :. .... .~ " .~. .... ' . /' .. ~ -; ~O:lP' ,; <; :._~ 1111 -..... I;~~ lIll <s~ "~':. ,. .. - -- \, '" r- '" ~ ... '" I '" I I I '" I , I I" '" z ... '" 21 I~ I~ I I i ; / -1 , ,i STORM SEWER , / , / / -. :I> I - I ,,~.. ~ .. , .i. ~ ~ ',-,,> ~.~' . ,'..- ...- ;~4-e-,~.j ~ ...... .. . .. SL 'H"\;fS':) \ 'O^"lS NOSNVH '" '- 't _ : :,,' y"~ " " ~ . ~. .,.. " n :: l!l . '" ~ I "ls'l I ' I' ~ j ~II I I I !n ... Z ... ... " ,,," .... :r"I " .. ... , j CITY OF ANDOVER REQUEST FOR COUNCIL ACTION / DATE: January 6 . 1998 AGENDA SECTION Discussion Item ITEM NO. II ' Discuss Anoka County 5-Year Comprehensive Plan ORIGINATING DEPARTMENT Scott Erickson,~ L Engineering Attached is a copy of the Anoka County five year highway improvement plan. As you will note again this year the City of Andover will not receive much attention from the County in the area of street improvement projects over the next five year period (1998 - 2002). As the City of Andover has not received a lot of county road improvements in the past, it is important that we continue to submit our list of priorities to the County Highway Department and the County Board for their review and inclusion in their program. Although many of the County Roads within the City of Andover could use improvements we will need to provide the County with the Cities priority areas. The County has identified in their current five year plan the upgrading of Round Lake Blvd. (CSAH 9) from just north of Bunker Lake Boulevard to approximately l49th Avenue. / As a place to start, the following County Roads are listed in order of importance: I. Bunker Lake Boulevard from Round Lake Boulevard to Hanson Boulevard 2. Hanson Boulevard from Bunker Lake Boulevard south to the Coon Rapids City Limit. 3. Andover Boulevard from Hanson Boulevard to Prairie Road. 4. Other * These are only county road improvements. The improvement of intersections and traffic signal installations will be identified and prioritized separately. / , / , J PART 1 REHABILITATION PROJECTS , / - 3 - , / -2- ) The reconstruction portion of the 5 Year Plan focuses on the completion of the East River Road corridor, Lexin~ton Avenue improvement from the south county line to 149th Avenue, interchange Improvements at Lake Drive and County Road J at I-35W and a new interchange at Main Street and I-35W. The plan also includes interchange improvements at rn 10 and Hanson Boulevard. It is unlikely that all of these interchange improvements would proceed unless additional outside funding becomes available to Anoka County. These projects will be submitted for consideration regionally for federal funding during the next solicitation. Again, it is with pleasure that I submit this 5 Year Highway Improvement Plan for your consideration and encourage the County Board to continue to support preserving the back bone of the Anoka County Highway System over the next 5 year period. dmhj2FIVE , / J \ , J ~ . COUNTY OF ANOKA Public Services Division HIGHWAY DEPARTMENT 1440 BUNKER LAKE BLVD NW, ANDOVER, MINNESOTA 55304 (612) 754-3520 FAX (612) 754-3532 JON G. OLSON, PE County Engineer MEMORANDUM TO: FROM: May 7, 1997 Anoka County Board of Commissioners Jon G, Olson, PE County Engineer REGARDING: Proposed 1998 - 2002 Five Year Plan It is again my pleasure to present to you, the proposed 1998 - 2002 Five Year Highway Improvement Plan for Anoka County. The theme of this plan is similar to plans of the past several years with more emphasis placed on preservation of the existing Anoka County Highway System combined with an aggressive program of rnajor improvement projects. For several years now, the County has been talking about the priorities of preserve, manage, and expand as it relates to the Anoka County Highway System. Over the past several years a strong effort has been made to improve the level of funding for preservation type projects which primarily include bridge maintenance, crack filling, overlays, and cold inplace recycling projects. However, even with the increased level of funding for these types of projects, the ~eneral condition of the road system continues to deteriorate. It is apparent that additiOnal efforts in the area of preservation are necessary and this Five Year Plan attempts to address the needs of the preservation area as well as include funding to a higher level in those areas. The Five Year Plan is broken down into three parts; the first part is titled, "Rehabilitation Projects" and includes a list of rehabilItation projects for 1997 as well as an extensive list of roadways in Anoka County which are classifIed as preservation type of roadways. An introduction to the types of roadways included in this category is on Page 4. The second part of the Five Year Plan is entitled, "Reconstruction Projects 1997 - 2002". The first 3 years of this plan are relatively balanced financially, however, the years 2001 and 2002 list many projects for which federal funds are being applied for other funds are a possibility. These funds are identified on the bottom of those years and these projects will likely not proceed unless funds are received for those specific projects. An mtroduction to the types of roadways included in this category is on Page 15. The third part of the plan is called "Other Projects". These projects are broken down into two lists. The first list has a year indicated of 2010. These projects are projects which have been requested by various units of government or individuals but for which funding is not available in the 5 year planning time frame. The second list of projects has a year OTHR which designates other and again projects which could not be funded in the current 5 year plan, but are projects that have been identified as needing improvements for safety and/or capacity reasons. An introduction to the types of roadways included in this category is on Page 29. Affirmative Action I Equal Opportunity Employer \ , , / Introduction to Part I Rehabilitation Proiects Part I includes projects which are scheduled for rehabilitation in 1997 alon~ with a listing of road segments which we feel are appropriate for the rehabIlitation category. Segments of roadway which are in the rehabilitation category have been assigned a "year" of 2049. Over the next 20 years, it is expected that these routes will not be reconstructed but will be maintained with essentially their current cross section. There are two types of projects included in this list; the first type is roadways that have been reconstructed in the past 20 - 25 years and which have a cross-section that currently meets state standards. These projects can be identified by noting a zero cost estimate under the column entitled "Engmeer's Estimate." The second type of road segments are road segments that are deficient in cross-section, but that have lower traffic volumes and, probably cannot be funded for reconstruction in the foreseeable future. These road segments can be identified because there is a number other that zero under the "Engineer's Estimate." , / The anticipated annual cost for preservation of these routes is $1,905,000. In addition, on the bottom of Page 13 you can see that there is a total of $73,942,462. estimated as the cost for reconstruction of those segments of roadway that are deficient in cross-section on this list. , ./ - 4 - " '\ , ) 1997 OVERLAY AND COLD INPLACE RECYCLING PROGRAM ROUTE FROM TO REHAB TYPE CSAH I CSAH 7 CSAH 14 MILL & OVERLAY CSAH 4 TH47 TH65 MILL & OVERLAY CSAH 17 CSAH 23 CSAH 52 MILL & OVERLAY CSAH 18 TH65 CSAH 17 COLD INPLACE RECYCLE CSAH 19 CSAH 23 CSAH 18 COLD INPLACE RECYCLE CSAH 20 CSAH 7 CSAH 9 COLD INPLACE RECYCLE CSAH 24 CSAH 26 CR 76 COLD INPLACE RECYCLE CSAH 24 CSAH 9 CR 103 OVERLAY CR52 CLOUD DR CSAH 12 COLD INPLACE RECYCLE CSAH 52 CR 105 RAMUNE OVERLAY CR58 CSAH 78 CR67 OVERLAY \. CR60 CSAH 18 "S" CURVE OVERLAY CR61 153RD CR60 OVERLAY CR69 CSAH 24 CR 70 OVERLAY CR 74 CR 15 CSAH 22 OVERLAY CSAH 116 QUAY ST. OLD CR 18 OVERLAY , - 5 - e '. / e r.::--, !:'I 'rJ < -= ;l., ) - 6 - >- f-o Z. => o u < ::0:: o Z. < z+~ . tIl t- U W ~ o cr Cl.. o 10 ~ '" - ... ~'" '" N C::UONU ">",,,W""'OO""NO IO:;'" I- ..J <-~cr~ 5~o t35~ul ~o~E eoo~e~~o...: I-I-a:>COol(""'l-V) 5~0l1l")""'-O;If)>- ~:r:I:~:i~~<~~ U<~Cl::VHI)If'lt3UO OV>UUUU_ ....J(.J ~ >- ~~~COO_O)~; :5~:r:t::r"'''''''''' ~ ~ ~~~~55555u w C::uu > 0'" r--~ O)o~ O)Q:;= ~Q, >- E-< Z => o u < ::0:: o Z .< z+~ . e tIl t- U W ~o :r cr ~Cl.. U ... >- o <( z ~ ~w ,,! > W 10 =>o;! .....J - (7)~ 0 U ""'::I: ,.....~ _'..l II/') ... <:::I: 0 ""'U ~ '" >- :r~~5o -l U;,: ~ ~OUO": -l ~O a= U.....O.....o:: -z .... o .... CO 0 ::E. 0,.... 5 ..... ~ ,.... N 0 ~:I: !;: ~ ~:2 ~ ~ ~ 5 :c g~ :r .- u V) VI ..J t- -.J<.) .... ......... O::I:V'luuu 0 ....J ....II- <.J ..,. _ ... 'It 0- comON >w Z ...... N N::>.....:x::::: ~ :r:r J: If) 5< ~ => ~ <( ~ ~ a: ~ a::~ u o O(J)VlUUU_ .....J c::: u u => o a....... U ... ""'-- t; ... ,- w f'~ Ola Ol 0 II') Ol ffiffi 0') ~eEEE:@__ (/) t- U W ~ o cr Cl.. r~ I I -- ~ !-. - - - ~ l- - I , - z*~ '" '\ , I w > r:: w en w r:: Cl. "" . i r I "-- :'--" "' Z*~ ::: = ~ ~ ~ , I , , r:;-: I W _. '-- i ~------------- I ,...1 ,-' ~! : ~ ' i ~ ~ (l ~ < ! I r--' " ! ~ rs:, r ~ , 'r - f r- J: f- ~ ~ enf-w ~ u > ;: lJj ffi o ...J en <l: ...J W o ::l r:: r:: u. Cl. '\ - 7 - r~;e ~;c. S 05/06/97 ANOKA COUl:':', H:::G:iI':AY DEPAR':'lIEN':' FIVE YEAR P~AN - L:S':'ING \ PROJECT ENGINEERS CIP CONTROL , \ .J NUHBER DESCRIPTION YEAR ESTIlIATE STATUS NUlIB . . YEAR SCHEDU~ED: 2049 CSAH 1 .05 S OF RICE CK l'lAY TO CRAIG 2049 0 0 1'1AY CShH 1 FA::: 694 TO 0.05 S OF RICE CK. 2049 0 0 1'1AY CSAH 1 S CR CITY LllTS TO 93RD LN 2049 0 0 CSAH 1 S CTY LINE TO FAI 694 2049 0 0 CSAH 2 CSAH 1 TO CR 102 (lIAIN ST) 2049 0 0 CSAH 2 TH 47 TO TH 65 2049 0 0 CSAH 2 TH 65 TO E CTY LINE 2049 0 0 CSAH 3 TH 10 TO TH 47 2049 0 0 CSAH 4 TH 47 TO TH 65 2049 0 0 CSAH 4 TH 65 TO CSAH 2 2049 0 0 CSAH 5 CSAH 22 TO CSAH 24 2049 0 0 CSAH 5 N JCT CR 63 TO CSAH 22 2049 0 0 CSAH 5 TH 47 TO N JCT CR 63 2049 0 0 \ I n -.-----.--.- . .':SAH 6 0.37 HI EAST OF CSJ..H 1 TO 5th 2049 0 0 ST CSAH 6 5th n ST NE TO TH 65 2049 0 0 CSAH 6 CSAH 1 TO 0.37 HI EAST 2049 0 0 --..- .--.---- ....-. CSAH 6 CSAH 35 TO EAST COUNTY LINE 2049 0 0 CSAH 6 TH 65 TO CSAH 35 2049 0 0 CSAH 7 CR 27 TO CSJ\H 22 2049 0 0 CSAH 7 CR 58 TO CR 27 2049 0 0 CSAH 7 CSAH 14 TO S. TH 10 RAHP 2049 0 0 CSAR 7 GF.A!:T ST TO 141ST 2049 0 0 CSAH 7 S. TH 10 RAHP TO GRAJ:':' ('r'H :S8) 2049 " 0 '" :SAH 8 CSAH 1 TO HAIN 2049 0 0 CSAH 8 CSAH 35 TO EAST CTY LI:;E 2049 631843 16 j - 8 - F .:lg€: ~:::. C5fCl6:~- AKO:~A COUNTY HIGH\.;AY t'~FnF..':Hr:NT r~VE YEAR PLAN - L:S~:NG PROJECT nmlBER DESCRIPTION YEAR ENGINEERS CIP ESTIIIATE STATUS CONTROl nUBS \ I j CSAH 8 HAIN ST TO TH 47 2049 0 0 CSAH 8 TH 47 TO TH 65 2049 0 0 CSAH 8 TH 65 TO CSAH 35 2049 400000 0 CSAH 9 1.5 H n. or ANDOVER TO 3.5 II N. 2049 1489244 0 CSAH 9 3,5 H N. TO 4.6 H n. or ANDOVER 2049 819084 0 CSAH 9 4.6 II n. or ANDOVER TO CSAH 24 2049 1265857 0 CSAH 9 CSAH 116 TO .39 Ill. NORTH 2049 0 0 CSAH 9 CSAH 14 TO CSAH 116 2049 0 0 CSAH 9 N JCT 20 TO n. ANDOVER CITY 2049 1787093 0 LIIIITS CSAH 9 S. OAK GROVE LIHITS TO 1.5 II 2049 1116933 0 NORTH C.R. 10 CR 53 TO ,2H SO. or CSAH 23 2049 0 0 CSAH 10 CSAH 49 TO CSAH 21 2049 0 0 C.R. 10 TH 10 TO TH 65 2049 1895528 23 r \ I / CSAH 11 CSAH 1 TO TH 10 2049 0 0 CSAH 11 RAVEN ST TO CSAH 18 2049 1010948 0 CSAH 11 TH 10 TO CSAH 12 (NORTHDALE) 2049 0 0 CSAH 12 832' 1'1 or TH 65 TO !?50'E or TH 2049 0 0 65 CSAH 12 950'E or TH 65 TO CR 52 2049 0 0 RADISSON CSAH 12 CR 53 TO CSAH 153 LILAC DR 2049 0 0 CSAH 12 CSAH/CR 52 TO CSAH 17 2049 0 0 CSAH ' - rOLEY TO CSAH 51 (UNIVERSITY) 2049 0 0 ~<. CSAH 13 CR 1e3 TO CSl>.H 24 204!? 943338 29 CSAH ' ~ CSAH 22 TO CR 103 2049 2167510 0 -~ CSAH 14 10~h "'" TO CS.r...H 9 2049 0 0 w. CSAE H CSAH 1 TO 10 SO: 2049 0 (; \ - 9 - a ~';l - .'.. 0:"~c,'~7 ANOKA :Ct::::Y H:GH\:nY :!:FnRTHEl\T rIVE YEAR r~AN - ~IST:NG \ PROJECT ENG n:EERS CIP CONTRO~ / NUHBER DESCRIFTION YEAR ESTII-lATE STATUS 1:UIlB CSAH 14 CSAH 17 TO CSAH 23 2049 0 0 CSAP. 14 CSAH 23 TO I- 35\': 2049 0 0 CSAH 14 TH 65 TO CSAH 17 2049 0 0 C.R. 15 217t.h AVE TO 229t.h AVE 2049 707503 0 C.R. 15 CSAH 22 TO 213t.h AVE 2049 1320673 0 CShH 16 CSAH 1178 TO T.H. 65 2049 1745175 0 CSAH 18 CSAH 1 TO CSAH 14 2049 0 0 C.R. 18 CSAH 116 TO ANDOVER BLVD 2049 0 0 CSAH 18 90-07-18 CSAP. 19 TO EAST CTY LINE 2049 1415007 47 CSAH 18 CSAP. 20 TO TH 65 2049 0 0 .. C.R. 18 HANSON BLVD TO CSAH 20 2049 801837 45 CSAH 18 N JCT CSAH 17 TO CSAH 19 2049 0 0 CSAH 18 S JCT CSAH 17 TO N JCT CSAH 17 2049 0 0 '\ --. \ /SAH 18 TH 242 TO CSAH 116 (BUNKER) 2049 0 0 CSAH 18 TH 65 TO CSAH 17 2049 0 0 CSAH 19 CSAH 18 TO CSAH 23 2049 1415007 48 '._+m__._ CSAH 20 CSAH 7 TO CSAH 9 2049 0 0 CSAH 20 CSAH 9 TO CSAH CSAH 18 2049 0 0 CSAP. 21 C.R. 140 TO CSAP. 23 2049 1792342 103 ~, .. - CSAH -~ CSAP. 14 TO CR 14C (80t.h AVE) 2049 1084839 (} ::SP.H 22 CSAP. 5 TO TH t,7 2049 0 0 CSAH ~~ CSF.H 9 TO E JCT CR -., 2049 0 0 0, CSAP. :2 E .,~. CR 6, TO TH 65 2049 0 0 C:SAH 2~ OLD CSAP. 26 TO EAST COUNTY LINE 2049 0 0 CSAH ~., TP. 47 TO CSAP. 9 2049 0 e ~~ j - 10 - rage No. 05/0(,/97 . ~ .- A:I~H:A :0:JII':'Y H:::GHI~AY DEPARTlIENT rIVE YEAR PLhN - L:STING PROJECT llUlIBER DESCRIPTION YEAR ENGINEERS CIP ESTIlIATE STATUS , " CONTROL ) NUHB CSAH 22 TH 65 TO EAST LIlIITS or EAST 2049 0 0 BETHEL CSAH 22 WEST LIlIITS LINWOOD TO OLD CSAH 2049 0 0 26 CSAH 24 CSAH 28 TO TH 65 2049 3443184 53 CSAH 24 TH 47 TO I~EST COUNTY LINE 2049 3443184 55 CSAH 24 TH 65 TO CR 76 2049 1509341 54 CSAH 26 CR 15 TO CSAH/CR 85 2049 1509341 C CSAH 26 CSAH 24 TO CR 15 2049 1650842 C C.R. 27 CR 7 TO TH 47 2049 0 57 CSAH 28 CSAH 24 TO TH 47 2049 0 0 CSAH 28 TH 47 TO NORTH COUNTY LINE 2049 2216844 0 CSHA 31 lIAIN ST TO GRANT ST 2049 0 0 CSAH 32 BALTIlIORE ST TO W FRTGE RD 2049 0 0 1-35\'/ / '\ CSAH 32 CSAH 23 TO .3 H E OF 1-1 LlIT 2049 0 0 CIR. PIllE CSAH 51 92nd AVE TO 97th AVE 2049 0 0 CSAH 51 97th AVE TO 110th LN N 2049 0 0 C.R. 52 .4 1I S OF CSAH 14 TO CSAH 14 2049 0 0 CSAH 52 .28 I-I E OF 101st TO 1-35W 2049 0 0--_d__- -- CSAH 52 HAlILINE TO CSAH 17 2049 0 0 - C.R. 53 CR 10 TO CSAH 12 ,049 0 0 C.R. 53 CSAH 12 TO CSAH 14 2049 1466438 0 C.R. 54 '" CTY LINE TO CSAH 14 2049 1367840 0 .... C.R. 56 TH 10 TO CSf.H 5 2049 0 0 C.R. 57 CSAH 116 TO CSAH 5 2049 0 0 C.R. 59 CSAH 20 TO CR 58 2049 1132006 0 C.R. 60 TH 65 TO CSAH 17 20~9 0 0 'I , - 11 - . -::)'- ...... ~5..~6/:?; ANC!:A COUN':'Y ~:GH\.:A y ~~r .r..R':'!:!:~:': rIVE YEAR P~AN - ~:E:ING , PROJECT NUllBER DESCRIPTION YEAR ENGINEERS CIP CONTROL ESTIMATE STATUS NUMB '- / C.R. 60 87-06-60 TH 65 TO CSAH 20 2049 943338 78 C.R. 61 CR 52 TO CR 60 2049 849004 0 C.R. 61 TH 65 TO CR 52 2049 471669 0 C.R. 62 CSAH 18 TO EAST CO LINE 2049 707503 0 C.R. 62 CSAH 23 TO CSAH 18 2049 16 50842 0 C.R. 63 CSAH 5 TO CR 83 2049 1415007 80 C.R. 63 CSAH 5 TO TH 47 2049 518359 0 C.R. 65 CSAH 22 TO CSAH 5 2049 849004 0 C.R. 66 CSAH 24 TO TH 47 2049 2122511 81 C.R. 67 CR 58 TO CSAH 22 2049 707503 0 C.R. 68 CSAH 18 TO CSAH 22 2049 1320673 0 C.R. 69 CR 70 TO CSAH 24 2049 518836 0 C.R. 70 CSAH 24 TO CSAH 28 2049 2547012 0 ;.R. 71 NORTH CO LINE TO CSAH 24 2049 1084839 0 C.R. 12 CSAH 24 TO CSAH 24 2049 1698008 0 C.R. 73 NORTH CO LINE TO CSAH 24 2049 471669 0 .. _u__.____ C.R. 74 65 TO 217th AVE 2049 2311178 0 C.R. 74 CSAH 13 TO TH 56 2049 1132005 0 C.R. 74 DURANT ST TO CSAH 22 2049 1084838 0 C.R. 75 CSAH "" TO CR 77 2049 320673 0 '" C.R. 76 CSAH 24 TO CSAH 36 2049 3301683 84 C.R. .,., CR 75 TO CSAH 36 2049 943338 85 ' . CSAH 78 CSAH 116 TO CSAH 20 2049 0 0 CSAH 78 CSAH 20 TO CR 58 2049 0 0 C.R. 79 CSAH 9 TO 1900 rT SOU~H\':ES~ 2049 c C ./ - 12 - .;. :..;~ ~: c. C5/06/97 Al.Ol:A ~O~H~':'Y H:GH\'lAY :EFAR,:,::r:l::- r:VE YEAR FLA1~ - ~:STING PROJECT NUHSER DESCRIPTION YI::AR , "- ENGINEERS CIr CONTROL) ESTH1ATE STATUS NUllS C.R. 81 CSAH 2S TO TH .n 2049 566000 0 C.R. 82 \'lEST CO LINE TO CR 65 2049 424502 0 CSAH 83 161st TO 173rd (CR 63 ) 2049 0 0 CSAH 83 TH 10 TO 161st AVE 2049 0 0 C.R. 84 SOUTH CO LINE TO CSAH 14 2049 1415007 0 CSAH 85 CSAH 22 TO CSAH 26 2049 0 0 C.R. 85 CSAH 26 TO CR 76 2049 0 0 C.R. 86 CSAH 13 TO TH 65 2049 0 0 C.R. 87 TH 65 TO CSAH 52 2049 0 0 C.R. 102 44th AVE TO I - 694 2049 0 0 C.R. 103 CSAH 24 TO CSAH 13 2049 707504 93 C.R. 104 CR 102 TO TH 47 2049 0 0 C.R. 106 CSAH 35 TO EAST CO LINE 2049 0 0 '\ I C.R. 108 CSAH 35 TO EAST CO LINE 2049 0 0 C.R. 110 CSAH 17 TO 0.3 EAST 2049 0 0 CSAH 116 0.11 H \'1 OF TH 47 TO CSAH 7 2049 0 0 CSAH 116 CSAH 7 TO CSAH 9 2049 0 0 CSAH 116 CSAH 9 TO .15 J.l EAST OF CSAH 9 2049 0 0 C.R. 153 CR 53 TO CSAH 153 2049 471669 0 ~ " 154 CSAH 21 TO CR 54 2049 377334 0 '- . 1\. C.R. 158 CSAH 7 TO CR 58 2049 283001 0 ::.R. 163 CSAH 22 ':0 CS.;H 5 2049 1179172 0 .. Subtot.al 73942462 " '\ - 13 - , / , / PART 2 RECONSTRUCTION PROJECTS 1997 TO 2002 , / - 14 - . .I Introduction to Part II ! Part II consists of individual listings for the years 1997 - 2002 and constitutes the Five Year Highway Improvement Plan. You will note that in each of the years 1998 - 2002, funds have been set aside for bridge maintenance, cold inplace recycling, crack filling and overlay projects. These funds essentially will be used to maintain the routes listed in Part 1 and Part 3 of this document. The projected spending for 1998 - 2000 is essentially balanced but you will find that the years 2001 and 2002 are over programmed significantly. The total over programming for the five years is in excess of 14 million dollars. Several major projects including the interchange improvements, rail grade separations and new interchanges are included in these years. Without additional outside funding, many of these projects will slide to later years of the program. . / - 15 - !'5.ge !\o. : C5/CG/Si ANOKA CCUN:Y H:GHKAY DEPAR:MEN: FIVE YEAR F~AN - L:S~ING PROJECT NUMBER DESCRIPTION .. YEAR SCHEDULED: 1997 C .\'1. 0 97-03-00 1997 BRIDGE HAIllTENANCE c . \.~ . C. ~1. C.IL CSAH CSAH CSAH C.R. CSAH CSAH 11 CSAH 14 CSAH 17 CSAH 17 CSAH 17 CSAH 23 CSAH 24 CSAH 35 CSAH 36 CSAH 51 C .R. 86 *. Subtotal .. o 97-02-00 1997 CRACK FILLING o 97-01-00 1997 OVERLAYS o 1997 SIGNALS UNASSIGNED 14} 1 02-601-38 RIESLING TO :SAH 7 5 02-605-05 CSAH 22 TO CSAH 24 6 YEAR , '\ ENGINEERS CIP CONTROl ESTIMATE STATUS NUMB 1997 1997 300000 25000 0 o 1997 1800000 1997 130000 1997 1589935 1997 1084839 EXT. LT TURN LANES ON TH 47 1997 S20K ST 94-03-07 CSAH 22 TO CSAH 24 (OLD CR 55) 1997 1500000 7 9 96-08-09 TURN LANE AT 217th AVE. 02-611-26 ADD LANE H 10 N RHP TO N ( 96:74:11) 02-614-19 CSAH 9 TO TH 10 02-617-11 BRIDGE OVER 135W (N RD TO PHEAT.RD) 02-617-11 CSAH 23 (LAKE DR) TO CR 10 NORTH RD 02-617-11 NORTH ROAD PIPE 96-82-23 REALIGNMENT OF ELM AND SIGNAL 02-624-22 SIGNAL AT T8 65 SP 0208-98 o S 1997 o P 1997 o S 1997 o Y 1997 4500000 Y 1997 1413275 1997 500000 1997 o 1997 37000 RAIL CROSSING IMPROV., S40,000 1997 FED 97-08-36 BYPASS LANE AT SUNRISE 1997 02-651-02A 91st TO 97th LANE STATE # 0214-12 96-79-86 Signal at TH 65 SP 0280-98 - 16 - 10000 F 30000 1997 18000 1997 18500 12956549 1,000,000 8,175,000 3,781,549 3,200,000 (581,549) - o o 4 474 o 448 o o o 41 o / " o o o o o o o Carryover Budget Subtotal Advanced State Aid Balance , , j " J C.S,A.H. J ANOKA COUNTY 1997 CONSTRUCTION PROGRAM 9 C.S.A.H. 51 N wtE S - 17 - rage No. C'S/06/9i 1.NOKA ::::UN':'Y HIGHWAY D!:PAR':'IlENT rIVE YEAR F~AN - L~S~ING PROJEC':' IWIIBER DESCRIr':'ION YEAR .. YEAR SCHEDULED: 1998 C. ~1. 0 1998 BRIDGE lIAIN':'ENANCE C .1'1. C.W. C.W. C. ~1. CSAH 1 CSAH 1 CSAH 5 CSAH 7 CSAH 12 CSAH 14 CSAH n CSAH 22 CSAH 35 C'.R. 60 CSAH 78 CSAH 83 C.R. 84 C.R. 102 CSAH 116 ... Subt.otal *. 1998 o 1998 COLD INPLACE RECYCLING 1998 o 98-02-00 1998 CRACK FILLING 1998 o 98-01-00 1998 OVERLAYS 1998 o 1998 SIGNALS UNASSIGNED (4) 1998 02-601-37 84 TH AVE TO RICKARD RD $2.08 1998 FED. 02-601-39 CHANNELIZE AT CSAH 78, $260,000 1998 FED 02-605-06 INTERSECTION WITH TH 47 1998 (96-75-05) BRIDGE 02526 RESTORATION 1998 02-612-08 CR #51 TO T.H. 65 1998 96-67-14 FLASHER AT CSAH 23, $16,000 FED 1998 02-622-26 SIGNAL AT TH 65 SP 0208-99 1998 WEST CO LINE TO CSAH 83 1998 02-635-06 INTERSECTION WITH 100 TWIN 1998 97-09-60 SIGNAL AT TH 65 SP 0208-100 1998 02-678-14 CSAH 1 TO 107TH AVE (02-601-39) 1998 CR 63 TO CSAH 22 1998 96-07-84 CSAH 14 TO CEDAR STREET 1998 97-11-102 TH 47 TO MAIN ST 1998 02-716-03 SIGNAL & CHANN. @ TH 65 SP 0208-100 1998 ENGINEERS CIP CONTROLrj ESTIllATE STATUS NUlIB 50000 o 800000 o 105000 o 1000000 o 140000 o 2296572 F 1 325000 F o 250000 8 250000 o 2100000 28 20000 F o 30000 o 372311 o / ." I ; 200000 62 40000 o o o 471669 91 600000 o 300000 o 300000 o _ l ~~~5 btlO , , 7,294,552 5,500,000 (1,794,552) - (2,376,101) - - 18 - Federal Subtotal Est. Budget Available Balance Accumulated Balance '\ ANOKA COUNTY PLAN FOR 1998 , / 8 T.H. 65 , C,S.A.H. 5 8 T_H. CoR. 60 @ T.H. C.S.A.H. 116 @ T.H. 65 C.S_A.H, I C.s_A_H, C.S.A.H. I C.R. 102 -\ N wtE S / - 19 - ~ .....~ l;.; ~:.;. 3 C:./C6/97 Al:Ol:A COt:~:':Y H:G:i\\.t~y !)EF ARTHE1:T rIVE YEAR F~~N - L:~TrNG PROJECT NUMBER DESCRIPTION ** YEAR SCHEDULED, 1999 C.W. 0 99-03-00 1999 BRIDGE MAINTENANCE C.IL C.W. C.I-/. C.IL CSAH 3 CSAH 10 CSAH 14 CSAH 17 CSAH 78 C.R. 79 ** Subtotal ** o 1999 COLD INPLACE RECYCLING o 99-02-00 1999 CRACK FILLING o 99-01-00 1999 OVERLAYS o 1999 SIGNALS UNASSIGNED (4) J-BARRIERS RESTORATION 02521&02522 95-04-10 SIGNAL AT TH 49, $80,000 !ED 94-10-14 INTERCHANGE AT 1-35W PLANNING 02-617-05 CSAH #32 TO CSAH 23 (LAKE DR) 02-678-12 CHANNELIZE AT CSAH 116, 240K FED REALIGNMENT AT LINCOLN ST(97-77-79) - 20 - YEAR ENGINEERS CIP CONTROLr~ ESTIUATE STATUS NUMB J 1999 50000 0 19:>9 800000 0 1:>99 105000 0 1999 1000000 0 1999 150000 0 1999 200000 0 1999 100000 F 0 1999 360000 Y 0 1999 1390054 38 1999 480000 F 0 1999 400000 0 5035054 - 320,000 Federal r) 4,715,054 Balance 5,500,000 Est. Budget Available 784,946 Balance (1,591,155) Acc\Il1lulated Balance '\ J , ; " 0 0 .J , / - - - ANOKA COUNTY , PLAN FOR 1999 i 14 10 N wtE S - 21 - r~9t;; 1\:;e ~ 05/06/97 ANOKA COUNTY HIGHI-IAY DEPART/lENT FIVE YEAR PLAN - LISTING " PROJECT ENGIlIEERS CIP CONTRO!, NUHBER DESCRIPTION YEAR ESTIHATE STATUS NUI'IB .. YEAR SCHEDULED: 2000 C.IL 0 00-02-00 2000 CRACK FILLING 2000 105000 0 C.H. 0 00-03-00 2000 BRIDGE HAINTENANCE 2000 50000 0 C.IL 0 00-01-00 2000 OVERLAYS 2000 1000000 0 C.IL 0 2000 SIGNALS UNASSIGNED (4 ) 2000 200000 0 C.H. 0 2000 COLD INPLACR RECYCLING 2000 800000 0 CSAH 14 INTERCHANGE AT I-35H 2000 5000000 Y 0 CSAH 35 95-42-35 81st AVE TO TH 10 FT RD S400K 2000 500000 r 0 FED CSAH 78 02-678-11 CSAH 11 (S LEG) TO CSAH1 2.16 H 2000 1330000 r 89 FED CSAH 78 RAIL GRADE SEPERATION (DESIGN) 2000 430000 Y 0 .. Subtotal .. 9415000 - 2,560,000 6,855,000 5,750,000 (1,105,000) - (2,696,155) - Federal Subtotal Est. Budget Balance Available ~' I \, ) Accumulated Balance " --. - 22 - ANOKA COUNTY "- I / PLAN FOR 2000 "- ./ ./ - 23 - N W+E S !.:.;e N~. C:/06/97 ANO!:A COUll'rY HIGHI';hY !:EPAR'rHEN':' rIVE YEAR PLAN - ~:STING PROJECT NUHBER DESCRIPTION YEAR .. YEAR SCHEDULED: 2001 C.W. 0 01-03-00 2001 BRIDGE HAINTENANCE 2001 C.I'1. 0 C .1'1. 0 C. ~I. 0 C.H. 0 CSAH 9 CSAH 11 CSAH 17 CSAH 17 CSAH 23 - CSAH 32 CSAH 49 CSAH 78 .. Subtotal.. 01-02-00 2001 CRACK FILLING 2001 01-01-00 2001 OVERLAYS 2001 01-04-00 2001 SIGNALS UNASSIGNED (4) 2001 2001 COLD INPLACE RECYCLING 2001 0.39 M. N OF CR 116 - 149tb AVE 2001 HANSON INTERCHANGE HITH TH 10 2001 DE/RI-I CSAH 14 TO 1000 FT N. OF CSAH 2001 12 02-617-07 PHEASEN~~RIDGE TO 1000'N OF 2001 CSAH 12 INTERCHANGE WITH I-35W DESIGN 2001 INTERCHANGE WITH I-35W DESIGN 2001 BRIDGE AT_RICE CK Sl.8H 2001 TURN BACK RAIL GRADE SEPERATION NEED 2.78 2001 M F. ____~_ ENGINEERS CIP COl:TROll' '1 ESTIMATE STATUS NUMB . 50000 0 105000 0 1000000 0 200000 0 800000 0 1766594 20 1560000 Y 0 2000000 37 1059956 40 800000 0 700000 0 2000000 S 0 3475000 Y 0 I'- '\ . -. ---.-.----. 15516550 2,640,000 165,000 12,711,550 1,800,000 10,911,550 5,400,000 (5,511,550) - (8,207,705) - - 24 - Federal BNRR Subtotal Turnback Subtotal Anticipated Budget Available Balance Accumulated Balance - \ ANOKA COUNTY PLAN FOR 2001 J 49 17 32 '. .J N wtE S ..,~ - ,;...;) - .. w.;~ c ~:.'C6.'~7 AlWI:A CO:mTY HIGH\-1AY DEPART!!!:l:T rIVE YEA~ F~^N - ~IS~:NG PROJ!:CT NUMBER DESCRIPTION .. YEAR SCHEDULED: 2002 C. Ii. 0 2002 BRIDGE MAINTENANCE C.N. 0 2002 CRACK SEALING C.IL 0 2002 OVERLAYS C. ~1. 0 2002 SIGNALS ( 4 UNASSIGN!:D) c. "1. 0 2002 COLD INPLACE RECYCLING CSAH 11 HANSON INTERCHANGE Ii TH 10 5.5M rED CSAH 17 CSAH 14 TO 149TH AVE CSAH 23 INTERCHANGE I'IITH 1-351'/ CSAH 32 INTERCHANGE IiITH 1-351'/ TO CSAH ----- --.------ 23 C.R. 116 95-05-116 RAMSEY BLVD TO CR 83 .. Subtotal.. - 26 - YEAR ENGINEERS CIP ESTIHATE STATUS "\ CONTROL NUllB 2002 50000 0 2002 105000 0 2002 1000000 0 2002 200000 0 2002 800000 0 2002 7560000 Y 0 2002 2308328 39 2002 5200000 0 2002 4500000 0 2002 470958 Y 97 22194286 8,300,000 400,000 750,000 1,000,000 11,744,286 5,400,000 Federal (Applied for) }m/DOT (Expected) Ramsey County , \ Lino Lakes / Subtotal Anticipated Budget Available Balance Accumulated Balance (6,344,286) - (14,551,991) - ': / / C.S.A.R. 11 @ T.R. 10 " j ANOKA COUNTY PLAN 2002 FOR 23 @ 1-3511 17 32 @ 1-35W N wtE S 27 / PART 3 .I OTHER PROJECTS / - 29 - , I Introduction to Part III Other Proiects The category "Other Projects" includes two lists. The first list has a year of "2010" assigned to it. These projects have either been requested by the municipality in which the road segment is found, or was included in a previous letter of commitment to the Metropolitan Council for reconstruction prior to 2010. This list consists of $52,010,262. III Engineer's Estimate and cannot be funded prior to 2010 with current funding levels. The second part of the listing of "Other Projects" are projects which have been designated by the year "OTHR" and have been identified as projects needing reconstruction for cap'acity or safety reasons. These projects total $65,842,825. These routes will likely require preservation maintenance prior to the time when reconstruction dollars will be available for them. , .J - 30 - J -- 5; ~ i - z.v. ~ / , I ; ~ -- ~- -- ~ ~ '- ~ -, ; , CfJ Z 0 z i= <l: U ...J UJ n. CfJ .. l- e: <l: r z UJ m~ UJ >- U u:: 0 Ll.. N UJ ~ 0 " ./ " ~_.-:--- 5; ~ ~ :J i l!2 l!S ~ '-'-----, "' z.~ " ---- -----.. " /''-........ '--- ----, '''! Ii1 _ ~ -----: ~ I !"o.... - ~i z 0 Z I i= <l: I- U ...J :;: UJ n. CfJ e: CfJ I- <l: UJ ~ Z >- ~ UJ U UJ "- - 0 u:: ~ '" .. <l: ~ Ll.. Ll.. ~- 0 UJ ~ 5~ e: 0 Z $ -I:: - 31 - Fage 2\0. ~ CS/06/97 Al=OKA :01.:~~,:Y HIGH1':A Y ~EPhR':'I!EN':' FIVE YEAR PLAN - :':ST:NG .; \ / PROJECT ENGINEERS CIP COIITROL NUHBER DESCRIPTION YEAR ESTIIlATE STATUS llUHB .. YEhR SCHEDULED: 2010 CSAH 1 HANSON TO 93RD LN (TH 610) 2010 5617500 6 CSAH 1 R!:ISLIlIG TO CSAH 78 (HANSON) 2010 7490000 5 C.R. 10 LEXINGTON TO CR 53 2010 1263685 22 CSAH 11 FROM HANSON TO ShND CR!:EK 2010 8e3~97 26 CSAH 11 HANSON INTERCHANGE .IITH TH 10 2010 280000 Y 0 PS CSAH 14 02-614-13 I351-1 TO E COUNTY LINE 2010 5939320 31 C.R. 16 SIGNAL AT TH 65 2010 200000 0 CSAH 17 14 9TH hVE TO CSAH 18 2010 2382790 36 CSAH 17 CR 80 TO CSAH 22 2010 1500000 0 CSAH 32 TH 49 TO CSAH 21 (37.5 ~ RAMSEY 2010 2531715 58 '. CO) CSAH 35 N LEG CSAH 6 TO N LEG CSAH 8 2010 1895528 63 CSAH 35 02-635-07 N LEG CSAH 6 TO TH 65 2010 2119913 60 'CSAH 51 110th to TH 242 2010 3179869 0 / CSAH 51 92ND AVE !ll'1 TO COON RPDS BLVD 2010 1400000 70 TH 10 CSAH 57 TH 10 TO CSAH 116 2010 631843 0 C.R. 78 85-15-78 C.R. 58 TO CSAH 22 2010 1116933 86 CSAH 78 INTERSECTION IMPROVEMENT AT CR 2010 800000 0 16 CSAH 78 INTERSECTION I1IPROVEIlENT AT CR 2010 800000 0 18 CSAH 116 0.11 M l'l OF TH 47 TO CR 57 2010 1116933 99 C.R. 116 C .R. 56 TO CShH/CR 57 2010 968009 0 CSAH 116 CSAH 78 TO TH 65 2010 6006';20 98 CSAH 116 CSAH 9 TO :S'P.H 78 2010 3886507 35 .. Subtotal 52010262 J - 32 - r.:.;;e !:~ . ' c -~ 05:06/97 hN01:.". :CilN':'Y H:GHl-IhY DEPhRTlIENT FIVE YEAR PL!\N - LISTING / 'I PROJECT ENGINEERS cn CONTROL NUllBER DESCRIPTION YEAR ESTIlIA TE STATUS NUlIB .. YEAR SCHEDULED, OTHR CSAH 1 CSAH 7 TO CSAH 14 (1IAIN ST) OTHR 1010948 " CSAH 2 C.R 102 TO TH 1:7 OTHR 651750 0 CSAH 5 CSAH 24 TO HILLENDALE OTHR 1::6339 9 CSAH 6 INTERSECTION AT TH 65 OTHR 300000 11 CSAH 7 lUST TO CR 5S OTHR 1563706 0 CSAH 7 CSAH 1 TO CSAH 11: OTHR 881:580 0 CSAH 9 149th AVE TO N LEG CSAH 20 OTHR 1340320 0 CSAH 11 CSAH 12 TO .5 HI. E OF CSAH 78 OTHR 1895528 0 CSAH 11 CSAH 78 TO RAVEN ST OTHR 802500 0 DSAH 12 CSAH 17 TO CR 53 (SUNSET) OTHR 518836 0 CSAH 12 SUNSET RD FROB CSAH 12 TO APOLO OTHR 126369 0 DR CSAH 17 CSAH 18 TO CR 80 OTHR 707504 1:3 / , CSAH 18 121ST TO T.H. 21:2 (OVER TH 10) OTHR 3500000 46 C.R. 18 91-09-18 ANDOVER BLVD. TO CSAH 78 OTHR 613170 1:4 DSAH 21 SO. COUNTY LINE TO CSAH 14 OTHR 1367840 49 CSAH 22 CR 64 TO CR 65 OTHR 943338 0 CSAH 22 CR 65 TO CSAH 5 OTHR 670750 0 CSAH 23 #17 TO CSAH 49 OTHR 2649891 51 CSAH 23 DR 105 TO CSAH 17 (LEXINGTO") OTHR 2296572 50 CSAH 23 CSAH 14 TO DSAH 19 OTHR 1509341 0 CSAH 23 CSAH 19 TO 1-35 OTHR 1509341 0 ....e'" .. :3 D"'-:': 49 '"'0 :-35\'J (S3.:5H OTHR 4000000 (; .......,1"'.::. ooJii... TURHBhCl: ) CSAH ...~ I-35\'1 TO CS.z..H 14 O':'F.R 89351:6 0 CSP.H :3 S COU1:TY LT,.,t" TO :..t.!::c DRIVE OTHR 379106 e -.,j."~ CSAH 24 TH t:7 TO CSAH ~o OTHR 758211 0 _w / '\ - 33 - r .:.;(:: l:c. ..l". C5/06/97 ANOKA :O~C:Y HIGHWAY DEFAR!HENT rrVE YEAR FLhN - L:STING / PROJECT NUHBER DESCRIPTION YEAR ENGINEERS Clr CONTROL r;STIlIATE STATUS NUlIB CSAH 30 TH 47 TH CSAH 7 OTHR 758:11 0 CSAH 36 CR 77 TO NORTH COUI.TY LINE OTHR 1037672 64 CSAH 49 5 CO. LINE TO CSAH :3 $3.25H OTHR 4000000 0 TURNBK C.R. 52 CASH 12 TO .4 H S CSAH 14 (I,IAIN OTHR 1489244 73 5T) CSAH 52 CR 105 TO .3 H E OF 101st OTHR 595698 0 C.R. 52 C5AH 116 TO CR 61 OTHR 943338 0 CSAH 52 C5AH 12 TO CR 105 OTHR 758211 0 CSAH 52 1-35W TO HAHLINE AVE OTHR 521235 0 CSAH 52 INTERCHANGE WITH 35\1 OTHR 3500000 24 C.R. 52 HAIN ST TO CSAH 116 OTHR 1222032 72 C.R. 58 CSAH 7 TO CSAH 9 OTHR 1886676 75 C.R. 58 CSAH 9 TO CSAH 18 OTHR 2358345 76 'C.R. 64 CSAH 83 TO CSAH 5 OTHR 1273506 0 .I C.R. 65 WEST COUNTY LINE TO CSAH 22 OTHR 235835 0 C.R. 71 INTERSECTION WITH CSAH 28 OTHR 400000 83 CSAH 78 N JCT CSAH 11 TO TH 242 OTHR 1766594 0 CSAH 78 02-678-07 TH 242 TO 1000' N OF BUNKER LK OTHR 1157700 88 BLVD C.R. 79 1900 FT SI'I OF CSAH 9 TO TH 288 OTHR 651750 0 C.R. 102 1-694 TO 57th AVE OTHR 244406 0 C.R. 103 CSAH 13 TO CSAH :6 OTHR 11:15007 94 C.R. 105 LAKE DRIVE TO CSAH ~~ (95 TH OTHR 1263685 95 ~- .~VE) CSAH 116 TH 65 TO CSAH ,., OTHR 1745175 0 .' C.R. ::'3~ CSAH 1 TO TH 47 OTHR :119913 101 C.R. 140 CSAH 14 TO CSAH ::1 OTHR 2000000 102 C5AH 153 ;..FOLLO DR TO CSAH 23 C':'HR 379106 0 I - 34 - '\ I Walking the Talk Anoka County Highway Department Five Year Plan ./ New Philosophy . Manage . Improve . Expand , ./ 1 - 36 - / 'I , Past Spending Pattern Crack Se.1 Cdd hplKe 1'% e~ '-, Types of Roadways . Full Section - Preserve . Deficient Section - Preserve . Deficient Section - 20 Year Plan . Deficient Section - 5 Year Plan / " 2 - 37 - , / / " . " I" ; ~ ,', '.- - . . . Full Section . Rebuilt in last 20 year . Sufficient for Projected traffic . 155 Miles - 36 % of system Full Section 3 - 38 - / '\ eficient Section - Preserve . No Improvement Since Paved . Comparatively Low Volume . Cross Section deficient . 148 Miles - 35% of system . 74 million dollars in defficiencies " " Deficient Section - Preserve / '\ 4 - 39 - / / " , ,/ Deficient Section - 20 Year Plan . High Volume - High Priority . Maintain until Reconstruction . Deficient Cross Section . Expansion . 117 miles - 29% of system . 170 million dollars in defficiencies . 8.5 million per year Deficient Section - 20 Year Plan 5 - 40 - Deficient Section " - 5 Year Plan \ 1 Deficient Section - 5 Year Plan . Highest Priorities - High Volume . Maintain until Reconstructed . Deficient Cross Section . Expansion . 52 million in est. project costs . 10.4 million per year / '\, / '\ 6 - 41 - j .' / , Strategies for Preservation . Cold Inplace Recycle - $2,500 / Ft / Mile . Overlay - $1,800/ Ft / Mile . Crack Sealing - $88 / Ft / Mile Proposed Preservation Funding . Crack Sealing - $105,000 per year " . Cold Inplace Recycling - $800,000 per year . Mill and Overlay - $1,000,000 per year . Bridge Maintenance - $50,000 per year + specific projects - CSAH 7 @RumRiver- $250,000 - 1998 - CSAH 3 @ CSAH 1 - $200,000 - 1999 7 - 42 - / I THE PLAN . Strong Preservation Component ., . Completion of East River Road . Lexington Ave Cooridor to 149th . I-35W Interchange Improvements at - Main Street (CSAR 14) - Lake Drive (CSAR 23) - County Road J . Interchange Improvements at TH 10 and Hanson Blvd .\ 1~~on ~di11 4E S ...-...... - . '\ 8 - 43 - , / j " ~E S =- Anoka County 1999 Construction Progam N ~E S 9 - 44 / '\ Anoka Counw ~ Construction Program +E . / '\ ~~oo Prey dill ~E . " 10 - 45 - / / . c ~~oo Pr~d111 ~E S ISSUES . Many Projects are Underfunded - All major Interchanges - Rail Grade Seperation on Hanson - Main Street Riverdale Area . Result is over program for 5 yr & 20 yr plan . Many Priority needs Unmet ./ 11 - 46 - , '\ Walking the Talk Anoka County Highway Department Five Year Plan Assistance Of GIS Appreciated '. . , '\ ~ 12 - 47 - CITY OF ANDOVER REQUEST FOR COUNCIL ACTION j DATE: lanuary 6. 1998 AGENDA SECTION ORIGINATING DEPARTMENT Discussion Item Administration, Richard Fursman ITEM NO. J d.. Schedule Planning Workshop REQUEST: The city council is requested to consider once again setting a date for a series of workshops. Time spent on policy analysis, development procedures, council-staff partnerships and goal setting would be well worth it. Establishing clear directives and lines of communication should lead to streamlined council meetings, purpose oriented policies and greater effectiveness. I would also like to get earlier input from the council and public on the 1999 budget process. The process would have a greater impact if it was based ) on goals and objectives. I recommend the dates of March 31, and June 30, be set aside as workshop dates. Both of these days are the fifth Tuesday of the month. Some time in February could also be considered. / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION / DATE: lanuary 6. 1998 AGENDA SECTION ORIGINATING DEPARTMENT Discussion ITEM NO. /3, Amend Ordinance No. 110, Therapeutic Massage Planning David L. Carlberg Community Development Director The City Council is asked to approve the attached amendment to Ordinance No. 110, An Ordinance Regulating Therapeutic Massage in the City of Andover. Backe:round The City Council on November 4, 1997 reviewed a request by Joy Pirkl to amend Ordinance No. 110. The Council directed the Planning and Zoning Commission to examine the ordinance and recommend changes to said ordinance in regard to Section 5, Exceptions and Section 6(b)(2), Educational Requirements. / Plannine: and Zonine: Commission Recommendation The Planning and Zoning Commission recommends to the City Council approval of the attached amendment. Attached is an amendment for Council adoption. , / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA Ordinance No. 110A AN ORDINANCE AMENDING ORDINANCE NO. 110, AN ORDINANCE REGULATING MASSAGE BUSINESSES AND SERVICES WITHIN THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No. 110 is hereby amended as follows: Section 5. Exceotions To License Requirements. 5. A beauty parlor or barbershop located in a commercial or industrial district, so long as the massage is performed by a state licensed beautician or barber, and treatment is limited to the following: \ 1. Scalp, face, neck and shoulders associated with a scalp massage. . / 2. Hands to elbows associated with a manicure. 3. Feet to knees associated with a pedicure. Section 6.b.2. Educational Requirements. Each applicant for a therapeutic massage therapist license shall furnish with the application proof of-the felley.'iag: Graduating from a school of therapeutic massage with a core curriculum of at least 500 hours of in-class. teacher supervised instruction of which no more than 200 hours shall be clinical training. a. Verificatioa that tee aflplicant has passed the Natioaal Certification Examination iB TherafleHtie Massage ami Bodp.'erk withia [em years prior to the date ef aflplication. ./ l Page Two Ordinance No. 110 Amendment January 6, 1998 Adopted by the City Council of the City of Andover this 6th day of January, 1998. CITY OF ANDOVER ATTEST: J. E. McKelvey, Mayor Victoria Volk, City Clerk l \, j CITY of ANDOVER PLANNING AND ZONING COMMISSION MEETING - DECEMBER 9, 1997 MINUTES The Regular Bi-MontWy Meeting of the Andover Planning and Zoning Commission was called to order by Chairperson Randy Peek on December 9, 1997,7:30 p.m. at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners present: Maynard Ape/, Mike Gamache, Jeff Luedtke, Jay Squires, Lorna Wells Lynnette Barry City Planning, Jeff Johnson Community Development Director, Dave Carlberg Others ,.:,. '. Commissioner absent: Also present: '\ , J APPROVAL OF MINUTES November 25, 1997: Correct as written. Motion by Apel, Seconded by Wells, to accept the Minutes as presented. Motion carried on a 4- Yes, 2-Present (Luedtke, Squires), I-Absent (Barry) vote. (i) DISCUSSION CONTINUED - AMEND ORDINANCE NO. THERAPEUTIC M4SSAGE 110. REGULATING Mr. Carlberg reviewed the discussion at the November 25 meeting regarding a request to amend Ordinance No. 110, Section 5, Exceptions to License Requirements, and Section 6, License Application. Since the agenda material was prepared, he talked with the Massage Therapy Association and learned of the criteria to become an accredited school, but there are no accredited schools by the Commission on Massage Therapy Accreditation (COMT A) in the State of Minnesota, though one school has received approval. So he prepared a change to the ordinance which is before the Commission to allow an application for a therapeutic massage therapist to furnish proof of graduation from a school of therapeutic massage that is accredited or approved by the American Massage Therapy Association (AMI A), Commission on Massage Therapy Accreditation (COMT A). As drafted, there would be two or three options available to meet the therapeutic massage therapist license requirements. " J Mr. Carlberg also noted that option c requiring at least 500 hours of in-class teacher supervised instruction of which no more than 100 hours shall be clinical training is similar to the language for other state licensing requirements. There are 25 states that require state licensing of massage therapists, plus a number of states considering it, including Minnesota. '\ , .I Andover Planning and Zoning Commission Meetmg ,I"linllles - December 9, 1997 Page 2 (Amend Ordinance No. JIO, Regulating Therapeutic Massage, Continued) Joy Pirkl - was happy to see the proposed amendments to the ordinance but suggested a correction in Section 5, 5, I, Scalp, face, neck and shoulders associated with a hair cut or style. She stated normally they do not do scalp, neck and shoulders with a hair style. She is looking to be able to do scalp, face, neck and shoulders with a scalp massage; and she explained the procedure and how it helps with such things as scalp disorders. Items 2 and 3 in that section are correctly worded. She also questioned Item c in Section 6, as she wouldn't want to hire someone with only 100 hours of hands-on experience. Both the classroom training and hands-on training are equally important. She also noted that there are other national organizations for massage therapists, and each have their own accreditation. Just because a Minnesota school of massage therapy is not accredited by COMTA doesn't mean it is not accredited by another organization. She didn't know which national organization would be the best. The Commission discussed the educational requirements, comparing it to the core curriculum '\ requirements to take the National Certification Test and those requirements of the states that license \) massage therapists, It was generally agreed that both Items a and b qualify for c and that Item c is all tharwould need to be required, as that criteria ensures that a massage therapist will have graduated from-a legitimate massage therapy school with a minimum number of in-class and clinical hours experience. In discussing the number of hours, it was agreed that the 100 hours of clinical training should be changed to at least 200 hours, l'-Iotion by Apel, Seconded by Gamache, to recommend to the City Council that the amendment to Ordinance I lOA be passed as presented by Staff with the following changes: Section 5, No. I, Scalp, face, neck and shoulders associated with a scalp massage rather than a hair cut or style, Section 6, correct the statement to "Each applicant for a therapeutic massage therapist license shall furnish with the application proof of graduating from a school of therapeutic massage with a core curriculum of at least 500 hours of in-class, teacher supervised instruction of which at least 200 hours shall be clinical training. Items a, b and d to be excluded. Motion carried on a 6- Yes, I-Absent (Barry) vote. This will be placed on the January 6, 1998, City Council agenda. DISCUSSION CONTINUED - NOISE ORDINANCE/PO V'S SPORTS BAR \ J / l\1r. Carlberg explained this item was before the Planning Commission on November 25, where they directed Staff to research a few items. Staff has learned that the Noise Ordinance was originally adopted on June I, 1982, and was based on a model ordinance produced by the League of Minnesota Cities. Staff could not find any State regulations or laws establishing time restrictions coinciding with Andover's ordinance. Staff also conducted a phone survey of metro area cities' noise regulations and found that most of them had hours that the city parks are open for games and recreational activities. Most cities do have Noise Ordinances from 10 p.m. to 7 a,m., with only Elk River and Coon Rapids regulating from 11 p.m. to 7 a.m. They also discovered that almost half of those ordinances were tied to decibels. He provided a table from the MPCA that related the decibel to a / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA Ordinance No. ll0A AN ORDINANCE AMENDING ORDINANCE NO. 110, AN ORDINANCE REGULATING MASSAGE BUSINESSES AND SERVICES WITHIN THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No. 110 is hereby amended as follows: Section 5. Exceptions To License Requirements. 5. A beauty parlor or barbershop located in a commercial or industrial district, so long as the massage is performed by a state licensed beautician or barber, and treatment is limited to the following: ,/ 1. Scalp, face, neck and shoulders associated with a hair cut or style. 2. Hands to elbows associated with a manicure. 3. Feet to knees associated with a pedicure. Section 6.b.2. Educational Requirements. Each applicant for a therapeutic massage therapist license shall furnish with the application proof of one of the following: a. Verification that the applicant has passed the National Certification Examination in Therapeutic Massage and Bodywork within four years prior to the date of application. b. Graduation from a school of therapeutic massage that is accredited or approved by the American Massage Therapy Association (AMTA). Commission on Massage Therapy Accreditation(COMTA). / Page Two Ordinance No. 110 Amendment c. Graduation from a school of therapeutic massage with a core curriculum of at least 500 hours of in-class. teacher supervised instruction of which no more than 100 hours shall be clinical traininf?:. d. Receive a license in therapeutic massage from the State of Minnesota. Adopted by the City Council of the City of Andover this 1998. day of CITY OF ANDOVER ATTEST: J. E. McKelvey, Mayor .' Victoria Volk, City Clerk Page 2, Document 1-1 / , Commission on Massage Therapy Accreditation (COMTA) ELIGIBILITY CRITERIA Four requirements must be met prior to applying for program accreditation. 1. Must teach a 500-hour program. 2. Must have graduated a minimum of two classes prior to application. 3. Must have operated the program for a minimum of two years prior to application. 4. Must meet applicable state laws regulating the operation of postsecondary, vocational programs. / .. " / It 'i " I I I I I:: I " / , i i ! ! ;i :1 , I 1 Boards Administering Massage Practice Laws Alabama Florida Maryland North Dakota Texas (note: at pr~s time, Florida Department of Maryland Board of North Dakota Massage Texas Department of Alabama's Board information Professional Regulation Chiropractic Examiners Board Health was not available, Plea.. Board of Massage 4201 Patterson Ave. Albert Dahlgren RMT Massage Therapy Program contact the membn- of the Northwood Cenler Baltimore, MD 22 Fremont Dr, 1100 Wes,t 49th St. Alabama Massage Therapy 1940 N. Monroe 51, 21215-2299 Fargo, ND 58103 Austin, TX 78756-3138 Board "'low for an update) Tallahassee, FL (410)764-4726 (701)235-9208 (512)834-6616 Ron Pate 32399-0774 or(701)237.4036 One independence Plaza, (904 )488-6021 Nebraska Utah Suile 305 State of Nebraska Ohio State of Utah Birmingham, Al 35209 Department of Health Slate Medical Board Department of Commerce (205) 879-3949 Hawaii Bureau of Examining 77 South High 51, Divlsian of Occupational State of Hawaii Boards 17lh Fl. and Professional licensing Arkansas Professional &:. Vocational 301 Centennial Mall Columbus. OH 43215 Heber M, Wells Bldg. Arkansas Stale Board of Licensing Division. South. 3rd Floor (614)466-3934 160 E. 300 South Massage Therapy Department of Commerce PO Box 95007 PO Box 45805 PO Box 34163 & Consumer Affairs lincoln, NE 68509-5007 Oregon Salt Lake City, Utah lillie Rock. AR PO Box 3469 (402)471-2115 Oregon Board of Massage 84145-0805 72203-4163 Honolulu, HI 96801 Technicians (801 )530-6628 (501)682-9170 (808)586-3000 New Hampshire 407B 5ta te Office Bldg, or (808)586-2699 Bureau of Health Facilities 800 NE Oregon 5t" #21 Virginia Connecticut Administration Portland, OR 97232 Virginia Board of Nursing Connecticut Massage Iowa Division of Public Health (503)731-4064 6606 West Broad St. Therapy Inquiries Board of Massage Therapy Services Richmond, V A 23230 Department of Public Examiners Health and Welfare Bldg., Rhode Island (804)662-9909 Health Iowa Deparlment of 6 Hazen Dr. Rhode Island Department 150 Washinglon 5t. Public Health Concord, NH of Health Washington Hartford, CT'06106 lucas State Office Bldg, 03301-6527 Division of Professional State of Washington (203)509-7566 4th Floor (603)271-4592 Regulation. Room 104 Department of Health Des Moines, IA Cannon Bldg, HPQA Division Delaware 50319-0075 New Mexico 3 Capitol Hill Health Professions Committee on Massagel (515)242-5937 Board of Massage Therapy Providence, RI 02908 Section One Bodywork Practitioners Regulation and Licensing (401)277-2827 PO Box 1099 Cannon Bldg,. Ste, 203 Louisiana Department Olympia, WA PO Box 1401 Louisiana Board of PO Box 25101 South Carolina 98507-1099 Dover, DE 19903 Massage Therapists Santa Fe, New Mexico South Carolina (360)586-6351 (302)739-4522 P,O. Box 1279 87504 Department of Labor Zachary, lA 70791 (505)827-7013 Licensing and Regulation District of (504)658-8941 3600 Forest Drive Columbia New York PO Box 11329 Department of Consumer Maine New York State Columbia. SC 29211 and Regulatory Affairs Department of Educational Department (803) 734.4294 Occupational and Professional &; Financial Division of Professional Professional Licensing Regulation Licensing Services Tennessee Administration Licensing &: Enforcement Cultural Education Ctr. Heallh Related Boards Room 910 Division Albany, NY 12230 Attn: Massage Therapy 614 H St., NW 35 Stale House Stalion (518)473-1417 or 283 Plus Park Blvd. Washington, DC 20001 Augusta, Maine (518)474-3866 Nashville. TN (202)727-7823 04333-0035 for handbook: 32747-1010 (207)624-8603 (518)474-3800 (615)367-6393 Please note: The above listings and the Practice Laws Information Guide on the following pages reflect information available at the time of publication. Please contact each board directly to obtain the most current information, For the slales nOllisled above, refer to local or county government. Directory (Caroll Publish- ing Co., Washington, DC, updated several times a year). Your local public library should have lhese or similar directories. You can easily and quickly obtain contact addresses and phone numbers for any local or county official, sometimes just by Ie Ie phoning your library. Usually lhe cily attorney, mayor, or county commissioner's office is the conlact which will provide direct informa. tion about the regulation of massage practice. chapter in the state. It may also be helpful to contact an AMTA massage therapist practicing in the locality. local business and zoning laws must be checl<ed_ before setting up a massage practice. J There are some 3,100 counties and 7,200 cities, towns, townships, and villages in the United States, as listed in County EXtCUtillt Dirtcfory and Municipal Extcutivt For additional informa. lion, contact the AMTA Local laws may apply even in states with statewide licensing. In addition to massage ordinances and statutes, If you experience difficulty in contacting any of lhe above state boards, please call AMTA for assistance at (847) 864- 0123. -;rkO~ A? ~~_~~.'9W~, ~~pd.~,~~~~~I~~ ...... ,..-r.. L-.; 'AI~"""'~.u...~ ~.J".M4/J"'" . ~ram ~ t>rce 'nal lsing ~.;ing of dng TA ~64- , itry ~ J Massage Practice Laws Information Guide c o , The information below is meant to serve as a helpful guide. Certain portions may be subject to change. For the latest, most accurate information, be sure to contact the administering board directly (see directory on page ZOo) - ro E ... o - r:: I Board Education Requirements Fee/Reciprocity TBD . Registration $75.00 . Exam $25.00 Reciprocity . Application $300.00 No Reciprocity . Application $25.00 . Licensing and Certification $222.00 Reciprocity N/A . Application and Exam $330.00 No Reciprocity . Application $50.00 . Exam $70.00 No Reciprocity . Application $100.00 Reciprocity Continuing Education Requirements TBD 3 hours approved by Board-Dnce a year None 12 hours-Every 2 yea rs N/A Half hour per month Every even numbered year 500 hours from a state licensed or accredited school approved by department: 100 hours anatomy and physiology; 400 hours other subjects including first aid and CPR I NCETMB _ National Certification Examination for Therapeutic Massage and Bodywork 1996 - 97 Membership Registry Exam TBD Own exam- written and practical NCETMB' NCETMB' (tentative) NCETMB' NCETMB' Own exam Written NCETMB' or final exam from school approved by department 11 ALABAMA enacted 1996 500 hours: 325 hours basic massage therapy and clinical practice; 125 hours anatomy, pathology and physiology; 50 hours related course work ARKANSAS enacted 1951 500 hours from accredited massage therapy school or a like institution CONNECTICUT enacted 1993 500 hours from school accred- ited by an accrediting agency and curriculum approved by AMTA or COMTAA DELAWARE enacted 1993 Two Tiers: 100 hrs-. certified massage technician 500 hrs- licensed massage therapist 500 hours supervised study: 100 hours anatomy and physiology; 300 hours tech- nique and theory; 100 hours electives; CPR required DISTRICT OF COLUMBIA enacted 1994 Minimum 500 hours FLORIDA enacted 1943 500 hours from State Board approved school HAWAII enacted 1947 570 hours: 50 hours anatomy, physiology, kinesiology; 100 hours theory and demonstration; 420 hours practical training; spend a minimum of six months as an apprentice or student in a COMTAA or Rolf Institute school IOWA enacted 1992 12 hours September 30 of the odd-numbered years ~.....~ :!iJ }l' "!",. J,-r. ;It / 'l ~ ; t " r: I I I, I j I. I- I, " Education Continuing Board Requirements Fee/Reciprocity Education Exam Requirements LOUISIANA 500 hours: 325 hours massage . Exam $75,00 12 hours NCETMB' or enacted 1992 therapy techniques; 125 hours . Renewal $50,00 own exam plus anatomy and physiology; 50 Reciprocity an oral exam hours related course work MAINE Exam or diploma from a . One Time None NCETMB' or diploma from enacted 1991 massage training program Application $25.00 aCOMTAA accredited or approved by . Yearly Registration training AMTA/COMTAA $100,00 Reciprocity program MARYLAND 500 hours that include: . Fee: TBD None TBD enacted 1996 anatomy and physiology, Reciprocity massage therapy techniques, and practice contra indications for massage therapy NEBRASKA 1000 hours: 100 hours . Application $301.00 IB hours approved by NCETMB' enacted 1958 physiology; 100 hours Reci p roci ty the Board-Every 2 anatomy; 100 hours massage; years 100 hours pathology; 100 hours hydrotherapy; 100 hours , hygiene/practical demonstration; 100 hours health service management; 300 hours clinical practice of massage therapy NEW HAMPSHIRE High school diploma or GED; . License $50,00 every 12 hours-Every 2 NCETMB' enacted 1980 graduation from school of two years years and New massage - 750 hours: 150 Reciprocity Hampshire hours A & P; 50 hours mas- practical exam sage; 50 hours hydrotherapy; 175 hours Swedish and related modalities; 10 hours rules/ ethics; 50 hours allied massage techniques; 50 hours hygiene; 25 hours health services management; 125 hours practical massage; 65 hours electives; CPR reQuired NEW MEXICO 650 hours: 300 hours . Initial application 16 hours approved by NCETMB' and enacted 1991 supervised in-class massage $50.00 Board-Every 2 years take-home therapy instruction; 100 hours . Initial licensing jursiprudence anatomy and phyisiology; 50 $75.00 exam hours superivised massage, . Jurisprudence exam hydrotherapy, first aid, CPR, $10.00 business and professional No Reciprocity ethics Alternative qualifications: experience and/or credentials (350 hours) / ',- , / , NCETMB - National Certification Examination for Therapeutic Massage and Bodywork 12 1996 - 97 Membership Registry Education Continuing Board Requirements Fee/Reciprocity Education Exam " Requirements / NEW YORK A graduate of a N.Y. school . Initial application None Own exam enacted 1967 program or of a substantial $100 for first 3 years; equivalent. . Registration $50 + 9% 600 hours: 500 hours must be surcharge every 3 years classroom instruction. . Exam $125,00 No Reciprocity NORTH DAKOTA N/A No more than $50,00 N/A Own exam enacted 1959 Reciprocity OHIO Certification of high school . Exam $100 N/A Own exam enacted 1916 graduation; 600 hours over 12 No Reciprocity months from an approved school OREGON 330 hours . Application $100,00 12 hours every 2 years Own exam- enacted 1971 . Exam $80.00 practical and Reciprocity oral RHODE ISLAND Graduate of an AM:fAI . Licensing $25.00 Every year NCETMB' COMTAA accredited or enacted 1979 approved training program of No Reciprocity at least 500 hours: 100 hours Anatomy and Physiology; 300 hours theory and practice of massa e' 100 hours electives SOUTH CAROLINA 500 hours through accredited TBO TBO NCETMB' enacted 1996 school '\ Reciprocity: states with /TENNESSEE 500 hours from a State substantially similar TBO NCETMB' enacted 1995 approved school rules laws TEXAS 300 hours: 125 hours Swedish . Application $53.00 N/A Own exam- enacted 1985 Massage Therapy techniques; . Exam $110.00 written and 50 hours ana tomy; 25 hours No Reciprocity practical physiology; 15 hours hydro- therapy; 15 hours business practice of professional ethics; 20 hours health and hygiene; 50 hours internship UTAH Graduate from an apprentice- . Application $75.00 N/A NCETMB' enacted 1981 ship program or an IMF or . Utah Theory Exam and Utah AM:fA/COM:fAA accredited $65.00 Theory Exam or approved training program . Utah Law &: Rule and Utah Law or NCBTMB Certification Exam $55.00 &: Rule Exam No Reciprocity VIRGINIA TBD - Regulations are being TBO TBD NCETMB' enacted 1996 developed WASHINGTON Board approved program - 500 . License $55,00 16 hours every 2 years NCETMB' enacted 1976 hours: 130 hours anatomy, . 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':= ~ ~,c:- u - e "'0 .- ........ .... &f-c en U cn t-" 0 >:= ucouef-c"'OoC':l~ ~2C':1"'Oc> .E! ~ . e.s > E- ~ B .. ~ "'" .. DO ';;j 8.;;;.-.S ....~ c:euO"'u,c:Ouee .w ~ 0.::: (; 'C; 8:~u 8 ;gE--U.=:.a'- ~- S ~ ~ u ~ 5 t:: cu u) - ~ II) . &.3 e bO ~.::: ~ o > -'-... ::l . .!:! C:.w u u 8 0 l;: rl ;., '-.,!:! ~o",,~C;<-'-"""".5 ~ tC~ ~ ..c: ~ O..ci > Eo-- _ "'0 ~ en t; 'C;; "'e ~.5 bOO U) c: 2~.~ t) >.S~rd >-:1 u~ o~s~B"Oo~<u~"O~au~"'ua<l ....~.... nlBc- c~o~~ -a "'8-s u~:a o~ a'S;: ul:Q gjl...... ];i; ~ -< cu .~ r! ~.~ sue u ~ 0 0 ~ u 5 ~ E-"O u u DOtl.S';: ~ "';., a<l ~ e 8 B.;: ::i ~~~-<U"8Su"=u]3",8 z~ -< .. u < ,0 o:a.. 0 .. DO._ o.c:o !S;., u - - '" u c: os '0 U l;l '" .;: =l9g~1;;8U"uu~~e_ e~", -<~.12~~a~JJ~zi~I~~~~1 , , , / CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION DATE: December 9.1997 AGENDA ITEM ORIGINATING DEPARTMENT Planning Department 3. Discussion Continued Amend Ordinance No. 110 Therapeutic Massage Ordinance The Planning and Zoning Commission tabled this item at the November 25, 1997 meeting. The Commission requested staff prepare an amendment to Ordinance No. 110, Sections 5 & 6. Attached is an amendment to these sections for Commission review. Section 5. Exceptions to License Requirements " The amendment to Section 5, Exceptions to License Requirements, allows a beauty parlor or -barbershop to perform massage in commercial and industrial districts without a license, so long as the massage is performed by a state licensed beautician or barber and treatment is limited to the following: 1. scalp, face, neck and shoulders associated with a hair cut or style; 2. hands to elbows for a manicure; 3. feet to knees for pedicures. Section 6. License Application The amendment to Section 6.b.2., educational requirements for a therapeutic massage therapist license, requires the applicant to posses one of the following: I. Verification of passing the National Certification Examination in Therapeutic Massage and Bodywork within four years prior to the date of the application. 2. Proof of graduation from a school of therapeutic massage accredited by the American Massage Therapy Association (AMTA). , / Note: Staff is also conducting research on the classroom and clinical training requirements of accredited massage therapy schools. This information will be presented at the meeting. , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA j Ordinance No. 110A AN ORDINANCE AMENDING ORDINANCE NO. 110, AN ORDINANCE . REGULATING MASSAGE BUSINESSES AND SERVICES WITHIN THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No. 110 is hereby amended as follows: Section 5. Exceptions To License Requirements. 5. A beauty parlor or barbershop located in a commercial or industrial district, so long as the massage is performed by a state licensed beautician or barber, and treatment is limited to the following: / 1. Scalp, face, neck and shoulders associated with a hair cut or style. 2. Hands to elbows associated with a manicure. 3. Feet to knees associated with a pedicure. Section 6.b.2. Educational Requirements. Each applicant for a therapeutic massage therapist license shall furnish with the application proof of one of the following: a. Verification that the applicant has passed the National Certification Examination in Therapeutic Massage and Bodywork within four years prior to the date of application. b. Graduation from a school of therapeutic massage that is accredited by the American Massal?e Therapy Association (AMT A). , I , I / Page Two Ordinance No. 110 Amendment Adopted by the City Council of the City of Andover this 1998. ATIEST: Victoria Volk, City Clerk I day of CITY OF ANDOVER J. E. McKelvey, Mayor " I Regular Planning and Zoning Commission Meeting lvlinutes - November 25, 1997 Page 6 (Public Hearing: Registered Land Survey - Section 34, Continued) Industrial and is within the MUSA; and the proposal is consistent with t Andover Comprehensive Land Use Plan.. . The RLS has been reviewed and approved by oka County and the State of Minnesota. /\-lotion by Wells, Seconded by Gamache, to open the p ic hearing. Motion carried on a 5-Yes, . 2-Absent (Luedtke, Squires) vote. 8:12 p.m. Bruce Mendt 13350 Hanson Boulevard - w concerned "vith what type of business will be going on the lot south of Commercial Bouleva and how will it affect the residents who live in the area. He lives next to that parcel. Mr, Car erg explained the parcel was zoned commercial even before the residential properties were d eloped. An office warehouse is being proposed, which is a permitted use in that area. Ther are greater setbacks and more landscaping buffers from residential areas, and the Noise Ordin ce regulates noise and nuisances. ./ Motion by Barry, S onded by Wells, to close the public hearing. Motion carried on a 5-Yes, 2- Absent (Luedtke quires) vote. 8: 16 p.m. @ DISCUSSION -A.il-fEND ORDINANCE NO. 110, REGULATING THERAPEUTIC MASSAGE l'vIr. Carlberg explained the City Council has requested the Commission look at a possible amendment to Ordinance No. 110, Therapeutic Massage. The City has received a request from Joy Pirkl to amend the ordinance to allow her to operate a beauty salon at 14029 Round Lake Boulevard that allows massage in conjunction with receiving a hair cut/style, a manicure and a pedicure. The ordinance allows beauty parlors and barbershops to conduct therapeutic massage without a license provided the massage is performed by a state licensed beautician or barber, and the treatment is limited to the scalp, neck and face. Massage related to manicures and pedicures requires the person performing the massage to be a licensed therapist and that the establishment be licensed as well. Mr. Carlberg explained Ms. Pirkl also requested an amendment to remove the national certification educational requirements, which are severely restrictive. When the ordinance was adopted in 1995, the only method of verifying therapeutic training was the national certificate, which required 500 " hours of training and passing an examination. Since that time, it appears a number of communities j are requiring the massage therapists graduate from an accredited school recognized by the American Massage Therapy Association (AMTA) plus 200 to 500 hours of training. The only difference is that t!ley don't have to take the national examination. There is still no state licensing for therapeutic massage; however. it is expected that the 1998 legislature will consider requiring therapists to be licensed by the state, '- j Regular Planning and Zoning Commission Meeting ft.,finutes - November 25, 1997 Page 7 (Discussion: Amend Ordinance lID, Therapeutic Massage, Continued) The Commission discussed the request for the two amendments. There was general agreement to amend the ordinance to allow the exemptions for manicures and pedicures; however, there was concern with making a change in the educational requirements. Mr. Carlberg explained the argument has been why should they have to take the national examination if they have met the education requirements from an accredited school and the hourly requirements, He did not think the schools were recognized by the AMT A in 1995 when the City first adopted the ordinance. Joy Pirkl - explained each school has a different curriculum, but they are accredited by the . Accreditation Commission of Career Schools of College and Technology. Those schools also qualify students for federal and/or state financial aid. She suggested that the passage of the national certification exam in therapeutic massage and bodywork be required, but add another provision in the ordinance to accept 500 hours of training from an accredited school or a specific number of years experience in massage therapy under a doctor or chiropractor in lieu of the national certificate. Mr. Carlberg stated Staff is comfortable with the requested change to verifY proof of education and experience, as many other cities have that requirement. If and when the State does require state licensing, he felt the City should amend the ordinance to require that licensing as well. / It was' asked by the Commission if those high school students under age 18 would be able to participate in massage therapy through the post secondary educational opportunity program. Mr. Carlberg noted the ordinance requires massage therapists be at least 18 years old. The Commission asked if the exemptions for manicure and pedicure would then be allowed in a home beauty shop or barber shop. Because the intent of the ordinance was that massage therapy would be allowed in a commercial area only, not as a home occupation, it was suggested the requested amendment allowing manicures and pedicures would not be allowed in those home occupations, only in commercial areas. Ms Pirkl - stated it was not her intent to have a business in her home; however, when attending beauty school, beauticians receive 200 to 1,000 hours dedicated to anatomy and physiology. They are trained in masseuse and licensed by the State ofMnnesota, plus they have to take the state board examination before they can be licensed. However, hardly anyone in the entire state will allow them to practice what they are licensed to do. People are very de~icated to that profession, which is blossoming all over the country. It seems ironic to her that there is so much discussion over what hair dressers can do when they have been licensed to do it. , j After further discussion, the Commission directed the Staff to prepare an amendment to the ordinance for consideration that would allow manicures and pedicures in beauty shops and barber shops in the commercial or industrial area. The exemption would not be allowed in home occupations. The educational requirements could be either proof of passing the National Certification Examination in Therapeutic Massage and Bodywork or graduation from a school accredited by the American Massage Therapy Association. Staff was also asked to research the standard requirements of accredited massage therapy institutions as to the number of hours of classroom and clinical training that is required, A suggestion was the 500 hours of classroom training would not need to be an additional requirement if that is already being accomplished through the educational requirement. CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION DATE: November 25.1997 AGENDA ITEM ORIGINATING DEPARTMENT Planning Department 8. Discussion Amend Ordinance No. no Therapeutic Massage Ordinance The Planning and Zoning Commission is requested by the City Council to examine and possibly amend Ordinance No. 110, Therapeutic Massage Ordinance. Said request was discussed by the City Council on November 4, 1997 (minutes attached). Back!!:round .I The City has received a request from Joy Pirkl to amend Ordinance No. 110 (letter attached). Ms. Pirkl is requesting the amendment to allow her to operate a beauty salon at 14029 Round Lake Boulevard NW that allows massage in conjunction with receiving a hair cut/style, a manicure and a pedicure. Ms. Pirkl also requests the amendment to remove the national certification educational requirements as specified in Section 6 as they are severely restrictive. Ms. Pirkl is proposing to provide a "Day Spa" at the above mentioned address as a part of the salon operation. Ordinance No. 110 Historv & Provisions The City adopted Ordinance No. 110 on August 1, 1995 to regulate therapeutic massage due to a number of requests to conduct therapeutic massage in both residential & commercial areas. The drafting and discussion process leading up to the adoption of the ordinance lasted over a year. The ordinance, under Section 5, allows beauty parlors and barbershops to conduct therapeutic massage without a license provided the massage is performed by a state licensed beautician or barber and the treatment is limited to the scalp, neck and face. Massage related to manicures (hands to elbows) and pedicures (feet to knees) requires the person performing the massage to be a licensed therapist and the establishment to be licensed as well. The Commission may wish to amend this Section to incorporate language for massage related to manicures and pedicures. / -' Section 6 requires a therapeutic massage therapist to be licensed, and sets the application procedure and educational requirements. A massage therapist is require to provide verification or proof of passing the National Certification Examination in Therapeutic Massage and Bodywork. The eligibility requirements to take the exam requires 500 hours of training or equivalent professional experience. The Commission may wish to amend Section 6 to remove the certification requirement, and require instead that the therapist provide a certified copy of a certificate of graduation from a school of massage which is accredited by the American Massage Therapy Association (AMT A) and complete 500 hours of classroom training. The Planning and Zoning Commission is asked to give direction to the City Council on this issue. / .' / Regular Andover City Council !vfeeting Minutes - November.J. 1997 Page 7 (Discuss Cul-de-Sac Lot Split - Jim Nielson, Continued) Mr. Erickson stated Staff is proposing a Class 5 gravel driveway and to maintai he loop that is there now. The request for the 120-foot easement is to meet the City's standar nd to have it in place in the event the area is redeveloped in the future. He met out there wit rank Stone, Public Works Superintendent, who felt a turn around is needed; but he felt the Isting driveways will meet the needs of their vehicles to turn around. That turnaround should b aedicated to the City. The City is only taking easement at this time and would not remove th rees until there is some improvement out there. Fire Chief Dan Winkel stated the Fire Department s the same issue with a turn around as Public Works does. As it is, it would be very difficul 0 make the circle that is there now with the fire trucks, Mr. Nielsen stated they had 18-wheel mi trucks drive through the existing circle without any problems. Chief Winkel stated it is easi for a semi to turn than for the tire trucks, which are straight and not as flexible. , " / Donna? Marvstone - stated' is a private drive to her home now. She would deed the easement so the driveways are on p lic property. Council member Orttel stated the only benefit once the driveway becomes public roperty is the City would have to maintain it. It would be foolish to pave it at this time. There ave been many instances where roads stop at property lines and cul-de-sacs are not required, e felt this is over kill but would be agreeable to the 100 feet. Councilmember Knight also felt e requirement is over kill, as this property, which is in the riparian lot area, will never be subd' Ided again. Motion . Orttel, Seconded by Dehn, that the Council authorize the dedication of a cul-de-sac right ofwa In the diameter of 100 feet on the property at the end of Marys tone Lane. DISCUSSION: Au ney Hawkins stated a variance is not needed for the existing garage because it is a otlon carne on a - es, I-A sent (Kunza) vote. ;1) ADDRESS LETTER REQUESTING AMENDJ\-fENT TO ORDINANCE NO. THERAPEUTIC MASSAGE no, Joy Pirkl 3679 Round Lake Boulevard Anoka - stated she is in the process of moving her salon to 14029 Round Lake Bouelvard in Andover. She wants to comply with the ordinance but has a concern with two items. First the ordinance severely restricts the scalp massage, manicure and pedicure services which are normally provided in professional salons. Secondly, the ordinance severely restricts the qualifications necessaiy for therapeutic massage. She asked that the wording be reviewed and those two sections be changed so they can effectively do scalp massages, manicures and pedicures. Mr. Carlberg provided some of the background of when the City adopted the Therapeutic Massage Ordinance, At the time, and still today. there were no state regulation or " J Regular Andover City Council Meeting Minllles - November -I, /997 Page 8 (Ordinance No. /10, Therapelllic Massage, COlllinued) licensing for therapeutic massage. So the only thing the City could use was to require national certification. In his research today of what other cities have done, he found that most allow the scale massage, manicure and pedicure services. He also understands that the legislature will be proposing in 1998 to license massage therapy, but the language will still require the national certification as well as 500 hours of education. Ms Pirkl - stated she had no problem getting a license for her operation; but she has a person working for her that has experience and over 500 hours of schooling but has not taken the national certification test. She felt that because the massage therapy schools in the state are certified, the national certification should not be necessary. A woman in the audience stated the national certification has nothing to do with the state. The state \-vill require 500 hours. What the ordinance is saying is that going to a certified school and taking 500 hours is not enough, She felt that doesn't make sense. The education from a state certified school is what is needed to be certified nationally. She is licensed but does not want to spend the extra $200 to $300 to take the national test, though she has more qualifications than are needed for national / certification. M5 Pirkl - noted that licenses are not needed in Coon Rapids or Blaine. Their cosmetology license is renewed every year. Council discussion was it appears reasonable to allow the services of scalp massage, manicure and pedicure which includes the shoulder, hand/arm and foot/leg massage. There was a concern with having some criteria, but possibly national certification isn't necessary. Possibly requiring 500 hours of classroom training as well as graduation from an accredited school by the Massage Therapy Association would be sufficient. Some felt the wording in the Wayzetta ordinance requiring documentation of 500 hours and recognition by a national therapy massage organization would be sutlicient. 1\15 Pirkl - noted she is looking for more flexibility in the ordinance to run an organization that is above board and to be able to offer professional services in the community that is in compliance with the ordinance, She agreed a clause requiring graduation from an accredited school rather than national certification would be better. Mr. Carlberg noted the ordinance would have to be amended to change the requirements on those two issues. Motion by Knight, Seconded by Dehn, to refer the item back to the Planning and Zoning Commission with the comments that have been made here and look at the ordinance, Motion carried on a 4- Yes, I-Absent (Kunza) vote, / VARJA[VCE - TOJ\.J SCHIEBOUT - 1425 ANDOVER BOULEVARJ) NW - CONSTRUCT ADDITION EJVCROACHING INTO SETBACK FROM MAJOR ARTERIAL Mr, Carlberg asked the Council to review the variance request of Tom Schiebout to constluct an , '\ j Total Look Hair Design 3679 Round Lake Blvd, Anoka, MN 55303 (612) 427-0550 City of Andover Council Members Staff Members Dear Council and Staff Members, This letter is an inquiry as to the possibility of having the ordinance 110 amel!ded.' At present in order to be in compliance all shoulder, hand/arm and footlleg massage is illegal according to the ordinance. These simple massage techniques have been a part of the "scalp massage", "manicure" and "pedicure" since the services became available, As the ordinance stands these services would be severely restricted in Professional Salons. I know the city officials did not mean to restrict the areas of services available to residents of Andover and therefore may want to review the wording in the ordinance. T~e ordinance is also severely restricting in that it is almost impossible to hire any p'erson schooled in the therapeutic massage that fits the requirements of the ordinance. Andover is a progressive city and the opening of a Day Spa without massage services is regrettable. However, the ordinance is so restrictive that efforts to hire qualified people in this expanding field has met with amazement and rejection by the applicants. They neither need to or want to try to meet the requirements of the ordinance, The job field is so lucrative any person with above reproach qualifications just goes to work in communities that recognize the schooling and professionalism of the field. Having been a long time resident of Andover during the "bathlhouse" days, I am fully aware of the reason for the ordinance as it is. The changing times and required, requested, and necessary service of therapeutic massage makes the review of the requirements in the ordinance advisable. I am sure that the officials of Andover are forward thinking people that have the interest of the whole city at heart. Knowing that all problems have a solution that needs only be worked out or found, I remain ~~""Y youn, ~) _ ') '~o--~~J Joy M. Pirkl, President .J / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 110 " AN ORDINANCE REGULATING MASSAGE BUSINESSES AND SERVICES WITHIN THE CITY OF ANDOVER. The City Council of Andover does hereby ordain: SECTION 1, PURPOSE. The purpose of this Ordinance is to prohibit massage businesses and services to the public except those licensed as Therapeutic Massage Establishments and Therapeutic Massage Therapists pursuant to this Ordinance. The licensing regulations prescribed herein are necessary in order to prevent criminal activity and to protect the health, safety and the general welfare of tn~ people of the city. The purpo~e of this Ordinance is not intended to impose restrictions or limitations on the freedom of protected speech or expression. SECTION 2. FINDINGS. It is hereby found that within the City of Andover there is a need to license therapeutic massage enterprises and therapists and to prohibit all other types of massage businesses and services to the public: (a) Persons who have a bona fide and standardized training in therapeutic massage, health and hygiene can provide a legitimate and necessary service to the general public. (b) Health and sanitation regulations governing therapeutic massage establishments and therapists can minimize the risk of the spread of communicable diseases and can promote overall health and sanitation. (c) License qualifications for and restrictions on therapeutic'message establishments and therapists can minimize the risk that such businesses and persons will facilitate prostitution and other criminal activity in the community. (d) Massage services provided by persons with no specialized and standardized training in massage can endanger citizens by facilitating the spread of communicable diseases, by exposing citizens to unhealthy and unsanitary conditions, and by increasing the risk of personal injury. (e) Massage businesses which employ persons with no specialized and standardized training can tax city law-enforcement services, because such businesses are more likely to be operated as fronts for prostitution and other criminal activity than operations established by persons with standardized training. " SECTION 3. DEFINITIONS. The following words and terms when used in this Ordinance , shall have the following meanings unless the context clearly / indicates otherwise: Clean - The absence of dirt, grease, rubbish, garbage, and other offensive, unsightly, or extraneous matter. Good Repair - Free of corrosion, breaks, cracks, chips, pitting, excessive wear and tear, leaks, obstructions, and similar defects so as to constitute a good sound condition. Massage Therapist - A person who practices or performs therapeutic massage on a person for compensation and meets the licensing requirements set forth in this Ordinance. Off-site Massaae Services - means massage services conducted away from a license massage establishment. Such off-site massage _ service locations shall include ONLY business establishments and not property zoned for residential use. Person - Any individual, firm, association, partnership, corporation, joint venture, or combination of individuals.. , / Thera~eutic Massage - The practice of applying pressure on, or frict10n against, or the rubbing, stroking, kneading, tapping, or rolling of the external parts of the human body with the hands or with the aid of a mechanical or electrical apparatus appliance, or device with or without such supplementary aids as rubbing (isopropyl) alcohol, liniment, antiseptic, oil, powder, cream, lo~ion, ointment, or other similar preparation, for the exclusive purpose of tension, stress, and pain relief, relaxation, increased range of motion, muscle tone improvement, physical fitness, or beautification and for no other purpose, by a person not licensed as a medical doctor, chiropractor, osteopath, podiatrist, nurse, or physical therapist, or an assistant who works solely under the direction of any of the above-described professionals, or beautician and barber who confine their treatments to the scalp, face, and neck. Therapeutic'Massage Establishment - An establishment in the business of provioing therapeutic massage services to the public. SECTION 4. LICENSING REQUIREMENTS. a. Thera~eutic Massage Establishment License. It shall be unlawful or any person to d1rectly or 1nd1rectly, upon any pretense or by any device, engage in the business of keeping, conducting, or operating any massage establishment within the City of Anduver, which is open to the public or for which any charge or fee is made or any money or thing of value is solicited or received except a therapeutic massage establishment as defined in Section 3 and then only after first obtaining a duly issued license therefor from the City. A person who operates an establishment described in this Ordinance without a,valid license issued by the City shall be guilty of a misdemeanor offense. j Page 2 " b. Thera eutic Massa e Thera ist License. It shall be unlawful or any 1n 1V1 ua to pract1ce, a m1nister, or provide massage services to the public for consideration within:the City of Andover without first having obtained a therapeutic massage therapist license. A person who practices, administers, or provides massage services as described in this Ordinance without a valid license issued by the City shall be guilty of a misdemeanor offense. , . / . (f) SECTION 5. EXCEPTIONS TO LICENSE REQUIREMENT. '\ A therapeutic massage establishment or therapist license is not required for the following persons and places: 1. A health care facility licensed by the state of Minnesota. 2. A health care facility owned in whole or in part by the state of Minnesota or any of its agencies. 3. A medical clinic or hospital, so long as the massage is performed by a state licensed physician, chiropractor"osteopath, podiatrist, nurse, physical therapist, or an assistant working under the direction of any of the above-described professivnals. 4. A physical therapy clinic or athletic facility, so long as the massage is performed by a state licensed physical therapist, athletic director, coach, or trainer. ~5. A beauty parlor or barbershop, so long as the massage is performed by a state licensed beautician or barber, and treatment is limited to the scalp, face and neck. / SECTION 6. LICENSE APPLICATION. An shall 1. Initial License A~plication. All initial applications shall be accompan1ed by a non-returnable investigation fee in the amount set forth by Council resolution. Each application shall contain: a. The names, addresses, and dates of birth of the owners, lesees, operators, massage therapists of the proposed therapeutic massage establishment; b. A legal description and location of the premises; j c. Information as to the conviction of any crime or' offense co~mitted by anyone listed on the application; d. All applications by corporations shall include the names, addresses, and dates of birth of all persons having a beneficial interest therein; e. A description of services to be provid~d; f. Such other information as the City Council may require. Page 3 , / , , / " Prior to consideration of the application by the city Council, an investigation shall be made by the Code Enforcement Officer and the Building Official to determine compliance with this Ordinance of all premises proposed to be licensed and by the Anoka County Sheriff's Department of all persons listed on the license application. 2. Renewals. Each license shall expire on December 31 of that year. Licenses must be renewed annually. The renewal application shall be accompanied by an annual fee as set by Council Resolution. For a renewal, the applicant must provide full information as required for the initial licenses for any new owners, lesees, operators or massage therapists proposed to be involved in the massage business, and also provide any changes in the name, address, criminal record, or other relevant information of any other owner, lesee, operator or massage therapist_ The Code Enforcement Officer, Building Official and/or Anoka County Sheriffs Department may conduct an investigation prior to any renewal. 3. Insurance. Each applicant for a license shall file with the City a public liability insurance policy or certificate of insurance from a company authorized to do business in the State of Minnesota, insuring the applicant against any and all loss arising out of the use, operation or maintenance of the Therapeutic Massage Establishment. The policy of insurance shall be in limits of not less than $500,000. Failure to keep in full force and effect the insurance required herein is grounds for revocation. , J An be at 1. Initial License Application. All initial applications shall be accompanied by a non-returnable investigation fee in the amount set forth by Council resolution. Each application shall contain: a: The name, age and address of the applicant; b. The length of experience in this occupation and the past places of employment and position held; c. A description of any crime or other offense, including the time, place, date and disposition, for which the.applicant has been arrested and convicted; and d. A statement as to whether the individual has had any license denied, revoked or suspended in the City of Andover or the State of Minnesota, the reason therefore and the business activity or occupation of the individual subsequent to such suspension, revocation or denial. A background check from the Bureau of Criminal Apprehension shall be requited prior to issuance of the of a license. page 4 * The license application shall thereafter be reviewed by the City Clerk, Anoka County Sheriff's Department, and such other departments as shall be deemed necessary. Such departments will thereafter submit their reports and recommendations to the City Clerk who will submit all of the reports and recommendations to the City Council. The Council shall either grant or deny the license. ~. Educational Requirements. Each applicant for a therapeutic massage therapist license shall furnish with the application proof of the following: . a. Verification that the applicant has passed the National , Certification Examination in Therapeutic Massage and Bodywork within four years prior to the date of the application. 3. Renewals. Each license shall expire on December 31 of that year. Licenses must be renewed annually. The renewal. application shall be accompanied by an annual fee as set by Council Resolution. The Code Enforcement Office~, Building Official and/or Anoka ~ounty Sheriffs Department may conduct an investigation prior to any renewal. , j SECTION 7. ADVERSE ACTION; GROUNDS FOR DENIAL, REVOCATION OR SUSPENSION. , 1. It shall be grounds for denial o~ the application or for revocation or suspension of the license if the applicant or licensee is not complying with or has a history of violations of the laws and ordinances that apply to the public health, safety, and morals. / 2. It shall be grounds for the denial, revocation or suspension of the license if convicted of any violation, reasonably related to the licensed activity and/or occurring on the licensed premise, of any city ordinance or federal or state statute. 3. It shall be grounds for the denial, revocation or suspension of the license if there is fraud or deception involved in the license application. 4. It shall be grounds for the denial, revocation or suspension of the license if the licensee is found to be in control or . possession of any alcoholic beverages or narcotic drugs and controlled substances on the premises for which they are licensed to operate, possession which is illegal as defined in Minnesota Statutes or Andover City Ordinances. S. It shall be grounds for the denial, revocation or suspension of the license if the licensee has evidenced in the past willful disregard for health codes and regulations. ' 6. It shall be grounds for the denial, revocation or suspension of the license if the applicant fails to provide all the J information and certificates required by this Ordinance. page 5 7. It shall be grounds for the denial, revocation or suspension of the license if the licensee shall refuse to permit any , authorized police officers or authorized members of the City to / inspect the premises or operation. 8. It shall be grounds for the denial, revocation or suspension of the license if the licensee is found to be violating provisions of this Ordinance. , j / SECTION 8. SANITATION; APPOINTMENT CALENDAR; RULES AND REGULATIONS. 1. Sanitation. All licensed massage therapists conducting off- site massage services as permitted by the Zoning Ordinance shall establish and maintain a supply storage facility containing any and all materials used in conducting off-site massage services. The Code Enforcement Officer, Building Official, and/or other City representatives shall have the right to enter and inspect the storage facility at all reasonable times. Rules as to required sanitation and storage shall be adopted in accordance with this Section. 2. Appointment Calendar. All licensed massage therapists shall keep a record of all off-site massage services performed. The record shall be legible, written in ink and in the English language. It shall include the name of the massage therapist, the name of the person(s) receiving massage services, the address where the massage service was performed and the date and time of such service. The record shall be maintained for a period of two (2) years from the date the massage service was performed. Such record shall be open for inspection by the City Administrator or his/her authorized representative at all reasonable times. 3. Rules, Regulations and Restrictions. All massage therapist licensees shall: 1. Display current licenses in a prominent place at the place of employment. 2. Not allQw the licensed premises to be open for business or allow patrons to be on the premises between the hours of 10:00 p.m. and 7:00 a.m. 3. Require that a person who is receiving a massage shall have their genital areas covered with an appropriate opaque covering. In addition to the above rules, regulations and restrictions, the City Council may upon notice and hearing promulgate such rules as he or she deems necessary to carry out the provisions and purposes of this Ordinance to protect the public health, to provide for safe and sanitary operation of licensed therapeutic massage establishments, to provide for the safety of therapeutic massage and related massage equipment and for the proper training of persons employed in the operation of such massage establishments. Notice of the promulgation of such rules and the hearing date shall be given to all licensees, and notice of the hearing date published once in the legal newspaper. The notice shall advise that at the hearing written or oral comments on proposed rules will be received, and how a copy of the proposed rules can be obtained. Such rules shall be effective after such hearing when Page 6 filed in the office of the City Clerk. Violation of such rules shall be sufficient grounds for adverse action against licenses issued under this Ordinance. , I , SECTION 9. MANAGER OR AGENT. Before a license is issued under this Ordinance the applicant shall designate in writing a natural person who is to be manager and in responsible charge of the business and upon whom services of process may be made. Such person shall remain responsible for the conduct of the business until another suitable person has been designated in writing by the licensee. The licensee shall promptly notify the City and Anoka County Sheriffs Department in writing of any change indicating the name, address and date of birth of the new manager and the effective date of such change. SECTION 10. SUBMISSION OF PLANS AND SPECIFICATIONS. All persons who hereafter construct, extensively remodel, or convert buildings or facilities for use as therapeutic massage establishments which are open to the public, shall co~ply with the requirements of the State Building Code and all amended codes. To the extent the Building Code or Fire Code do not impose more restrictive requirements, the provisions of this Ordinance shall govern. SECTION 11. CONSTRUCTION AND MAINTENANCE REQUIREMENTS. , / 1. Floors, walls, and equipment in massage rooms, restrooms, bathrooms, janitor's closet, hallways, and reception area used in conjunction therewith must be kept in a state of good repair and Glean at all times. Linens and other materials shall be stored at least 12 inches off the floor. Clean towels and wash cloths must be available for each customer. 2. If massage is performed in individual rooms, the doors to the individual massage rooms shall not be equipped with locking devices and shall not be blocked or obstructed from either side. SECTION 12. VIOLATIONS AND PENALTIES. Every person who commits or attempts to commit, conspires to commit, or aids or abets in the commission of any act constituting a violation of this Ordinance, whether individually or in connection with one or more persons or as principal or agent or accessory, shall be guilty of a misdemeanor, and every person who falsely, fraudulently, forcibly, or willfully, induces causes, coerces, requires, permits, or directs another to violate any of the provisions of this Ordinance is likewise guilty of a misdemeanor. Each violation of this Ordinance shall constitute a separate offense. Conviction of a violation of this Ordinance shall be grounds for suspension or revocation of any license issued hereunder. Page 7 / SECTION 13. SEVERABILITY CLAUSE. If any section. subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. SECTION 14, VALIDITY AND EFFECTIVE DATE. This Ordinance shall be effective from and after 1ts passage and publication according to law. ," Adopted this 1st day of August the City of Andover. , 1995, by the City Council of CITY OF ANDOVER ATTEST: /E~Mc!1rv1;~or ~~ V1ctnrla Vo , City Clerk / / Page 8 Regular Andover Planning and Zoning Commission Meeting Minutes - November 22, 1994 Page 16 / (Discussion - Therapeutic Massage Ordinance, Continued) commercial and the home occupation, there would be a license for the site as well as requiring the therapist to be licensed. Most cities require an off-site therapist to be licensed, but the individual sites are not licensed. Commissioner Apel felt that adding the feature distinguishing between commercial, home occupation and off-site therapist may complicate the understanding and the enforcement of the ordinance. He suggested it be treated as one as the draft indicates because it is easy to understand; and if there are problems, the ordinance can be amended in the future to be more specific. Commissioner Dehn asked if the State is going to license therapists. . . , I"'"' , ~) Cara Geist - stated there is a task force to work on that ~ssue. The ~ massage and body work community is hugh, consisting of massage therapists, oriental body workers, energy therapists, etc. They need to get unified and then take it to the State for approval. It will be a two- to three-year process. That is 'why individual communities are enacting these types of ordinances. There is no standardized training in massage, even for what she does as a massage therapist. Unfortunately, a cosmetologist can take an a-hour course on the weekend and call himself/herself a massage therapist. She is taking a very in- depth 600-hour course. But when the State takes it over, there will be a minimum standard for training. Until then, it needs to be clearly )tated in the ordinance; and she was very impressed with this draft ordinance, that it is really very well prepared. Commissioner Dehn asked if this ordinance will allow the application of future State standards. Mr. Carlberg stated the ordinance can be amended to accommodate those requiren.ents. This ordinance requires the therapist to have passed the National Certification Examination in Therapeutic Massage and Bodywork. Ms. Geist - stated it requires 500 hours of training before taking that examination. She did note that on Page 5, Section 2a, it states within two years. Because the license is good for four years, she suggested that the two years be changed to four years. The Commission agreed. ""'\ :) ./ The Commission discussed several other sections of the ordinance with Ms. Geist, after which everyone agreed that the provisions are acceptable as written in the draft. There was a question of insurance on Page 4, Section 3. Ms. Geist suggested the paragraph be changed to "Every application for a license shall be accompanied by proof of liability insurance from a company authorized to do business..." She also listed the benefits of belonging to a non-profit professional organization in the field and felt that may be a good requirement to list.in the ordinance. The Commission did not feel the ordinance should require membership to an organization, but an applicant may submit a copy of their insurance through their organization to be approved by the ."~ty Attorney. Mr. Carlberg was asked to check with the City Attorney , /that paragraph as to the appropriate wording to protect the City. / , , }1,. Regular Andover Planning and Zoning Commission Meeting Minutes - November 22, 1994 'ge 17 , (Discussion - Therapeutic Massage Ordinance, Continued) Commissioner Jovanovich asked about stipulating the minimum age of 18 for applicants versus using age 21. Ms. Geist explained a high school graduate must meet the education requirements, which means he or she would probably not be eligible to take the examination until age 19 or 20. Plus a person must be at least 18 years old to take the National Certification Exam. Mr. Carlberg stated la was the standard used in all the communities~ There are also instances when people graduate from high school at a younger age, plus the legal age of adulthood is la. The Commission did not see an issue with Age 18. Ms. Geist asked about Section 7,1, whether it refers to actual laws on morals. Mr. Carlberg stated the City has a high risk sexual conduct ordinance; and if someone is found guilty of a law that af~ects the public healthi safety or morals, it would be grounds for denial of a license. Ms. Geist asked what the annual fee would be. Mr. Carlberg was not sure at this point, but he thought $lOO plus a $50 investigation fee would be the annual fee for a therapist. It would be more for a commercial operation where a number of therapists would be licensed. Chairperson , 'uires suggested a provision be added on Page 4, Section b, 1, d, '~dquiring a criminal background check from BCA to be conducted prior to licensing~ Mr. Carlberg agreed to add a provision for that. MOTION by Dehn, Seconded by Jovanovich, to direct Staff to make the changes discussed tonight for Massage Therapists Ordinance as drafted and forward it onto the Andover City Council with, those changes. DISCUSSION: The Commission also felt that for the home occupation portion, the use should be allowed by Special Use Permit. Mr. Carlberg stated if that is the case, the Zoning Ordinance will have to be amended to include massage therapists as a special use. He will not forward this to the City Council until the hearings are held on the Special Use Permit provision. Commissioner Dehn ADDED to the motion: Add the Special Use Permit process for home occupations. Second Stands. Motion carried on as-Yes, 2-Absent (Pease, Peek) vote. OTHER BUSINESS Mr. Carlberg updated the Commission on the City Council's action at the November l5, 1994, regular meeting. to adjourn. Motion carried on a 5- The meeting adjourned at lO:35 p.m. Reaular Andover Planning and zoning Commission Meeting M 'ltes - June 28, 1994 Page 14 (Discussion - Terapuetic Massage as Home Occupation, Continued) advertise, it is in the medical magazines or local neighborhood newspapers. If the City's major concern is regulation of prostitution in terms of protecting the public, what some cities have done in other states is write a very basic massage parlor law, and within that write an exception that anyone with this number of hours of education in these areas is exempt. This regulates the people doing the illicit activities who have to jump through the hoops, where it would become easier for the legitimate practitioners. Through the American Massage Therapy Association there are guidelines for setting up that kind of ordinance, and she offered to provide that information if the City is interested. Another thing in terms of protecting the public from prostitution is simply setting an education standard. A SOO-hour program takes about 8 months to 1 1/2 years and costs $4,000 to $6,000. prostitutes.will not do that. Educational standards are the best way to protect the public because prostitutes will not meet those standards, plus the City will have well-educated professionals who know how to deal with the public. ~s. Burdick also provided Mr. Carlberg with a copy of the current year's copy of the information on the National Certificat~on Exam tor Therapeutic Massaqe and Body Work which has been in existence for two ygars. Currently 19 states, and very soon to be 21, have state ( 'inances; and many states are revisinq their ordinances to make this n~~ional certification exam the way to qualify for a license. The City of St. Paul did include that as one of two ways to qualify for a license. They also contact the massaqe schools in the Twin Cities area for their exams which one must ass to ualif for a license. Startin in 1995, ~n or er to even qualify to take the national exam, a person will have to have 500 hours of education. She continued they are at the staqe of becominq an emerqinq profession, and she provided a brief packqround of how it emerqed from the massaqe parlors at the turn of the century to today's profession. As people are becoming more interested in nonevasive health care, massaqe therapy has become the third most popularly used form of alternative health care behind chiropractic and biofeedback. She felt it behooves Andover to treat massage therapy as the profession that it is while also securina protection for its citizens. The Commission asked Mr. Carlberg to present some specific proposals incorporating massage therapy as a home occupation and as a use in commercial areas using the standards borrowed from the other cities. MOTION by Apel, Seconded by Jovanovich, to adjourn. Motion carried on a 4-Yes (Squires, Apel, Jovanovich, Putnam), 3-Absent (Dehn, Pease, Peek) vote. The meeting adjourned at 9:27 p.m. , h.~pectfully su~mit~ ~~ac~ r:L Recording Secretary CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ ) DATE: lanuarv 6, 1998 AGENDA SECTION ORIGINATING DEPARTMENT Discussion Planning ITEM NO. Noise Ordinance No. 230 Pov's Sports Bar / '-I. David L. Carlberg Community Development Director The City Council is asked to discuss the recommendation of the Planning and Zoning Commission in regard to the Noise Ordinance No, 230 and Pov's Sports Bar. The Commission, at the direction of the City Council, examined and discussed this issue at great length. The Commission is recommending that further study be done this spring on the noise issue and that the ordinance be changed at that time. The Commission was in agreement that an ordinance change is necessary, Backl!round Attached are the reports and minutes from the November 25, 1997 and the December 9, 1997 Planning and Zoning Commission meetings, " / I " , .1 Andover Planning and Zoning Commission Meeting IYfinutes - December 9, 1997 Page 2 (Amend Ordinance No, lID, Regulating Therapeutic Massage, Continlled) Joy Pirkl - was happy to see the proposed amendments to the ordinance but suggested a correction in Section 5, 5, 1, Scalp, face, neck and shoulders associated with a hair cut or style. She stated normally they do not do scalp, neck and shoulders with a hair style. She is looking to be able to do scalp, face, neck and shoulders with a scalp massage; and she explained the procedure and how it helps with such things as scalp disorders. Items 2 and 3 in that section are correctly worded. She also questioned Item c in Section 6, as she wouldn't want to hire someone with only 100 hours of hands-on experience. Both the classroom training and hands-on training are equally important. She also noted that there are other national organizations for massage therapists, and each have their own accreditation. Just because a Minnesota school of massage therapy is not accredited by COMT A doesn't mean it is not accredited by another organization. She didn't know which national organization would be the best. , / The Commission discussed the educational requirements, comparing it to the core curriculum requirements to take the National Certification Test and those requirements of the states that license massage therapists. It was generally agreed that both Items a and b qualify for c and that Item c is all that would need to be required, as that criteria ensures that a massage therapist will have graduated from. a legitimate massage therapy school with a minimum number of in-class and clinical hours experience. In discussing the number of hours, it was agreed that the 100 hours of clinical training should be changed to at least 200 hours. Motion by Apel, Seconded by Gamache, to recommend to the City Council that the amendment to Ordinance I lOA be passed as presented by Staff with the following changes: Section 5, No, 1, Scalp, face, neck and shoulders associated with a scalp massage rather than a hair cut or style. Section 6, correct the statement to "Each applicant for a therapeutic massage therapist license shall furnish with the application proof of graduating from a school of therapeutic massage with a core curriculum of at least 500 hours of in-class, teacher supervised instruction of which at least 200 hours shall be clinical training. Items a, b and d to be excluded. Motion carried on a 6- Yes, I-Absent (Barry) vote. This will be placed on the January 6, 1998, City Council agenda. o DISCUSSION CONTINUED - NOISE ORDINANCElPOV'S SPORTS BAR Mr. Carlberg explained this item was before the Planning Commission on November 25, where they directed Staff to research a few items. Staff has learned that the Noise Ordinance was originally adopted on June I, 1982, and was based on a model ordinance produced by the League of Minnesota \ Cities, Staff could not find any State regulations or laws establishing time restrictions coinciding with .4 Andover's ordinance, Staff also conducted a phone survey of metro area cities' noise regulations and found that most of them had hours that the city parks are open for games and recreational activities. Most cities do have Noise Ordinances from 10 p.m. to 7 a,m., with only Elk River and Coon Rapids regulating from I I p,m. to 7 a.m. They also discovered that almost half of those ordinances were tied to decibels, He provided a table from the MPCA that related the decibel to a . "- \ ./ \, .' Andover Planning and Zoning Commission Meeting Minl/tes - December 9, 1997 Page 3 (Noise Ordinance POI' 's Sports Bar, Continued) recognizable activity so the Commissioners had an idea on the amount of noise being regulated. Then there would be a machine used to monitor the decibel level of the noise at the prcperty line. The Park and Recreation Commission met on December 4 and discussed the Noise Ordinance. They did not believe the ordinance would impact any of the youth games, as those games are generally over by 10 o'clock. Mr. Carlberg stated he also contacted the City of White Bear Lake which has a sports facility similar to Pov's Sports Bar, but he didn't hear back from them. He contacted the City of Blaine regarding noise problems with a private softball complex. BeBops has a Conditional Use Permit that allows the games to go to midnight. The complex is 800 feet away from the nearest residential area, the same distance as Pov's from the nearest resident in Andover. There is a clause in that Permit that when residences are developed nearer to the complex, the hours of operation will be until dusk. He also noted that many of the communities have a 10 o'clock Noise Ordinance, but it is a matter of enforcement and what is reasonable noise. " ) The Commission discussed ways of resolving the apparent conflict between the noise from the softball games at Pov's Sports Bar after 10 o'clock and the residents. Commissioner Squires suggested that on sey'eral occasions next summer the noise levels be measured in the neighborhoods surrounding Pov's to determine the decibels, He also felt that the existing ordinance is very subjective, making it difficult to enforce. He suggested that after decibel readings are taken, that the Commission consider an amendment to the ordinance that would adopt objective noise standards ill terms of decibels, At that time the City can decide what noise standards they want to adopt that would conform to state standards and determine what hours should be in the ordinance. He didn't want the ordinance to be so restrictive that it would put Pov's out of business, but the Commission can decide what is reasonable in terms of decibel levels in other communities, Brad Povlitzski, Pov's Sports Bar - felt when someone revs their engine at theSuperAmerica station, the noise would be louder than at his games. There have been only two or three complaints regarding his establislunent in the last three years, except for the number of complaints since this summer. He was given permission to play until 10:30. Mr, Carlberg reviewed the discussions at the time the Special Use Permit was issued for the liquor license for Pov's, noting the noise issue was discussed. It was felt at that time that there would not be a problem because of the distance, fencing and buffer between the establishment and the residential area. The City doesn't regular the hours of operation for businesses, so Super America is open 24 hours. The State regulates the hours of operation for establishments serving liquor, The Commission generally agreed with the suggestion to take decibel readings in the nearest neighborhood to Pov's next summer, They also suggested that those readings be taken in the residential areas behind Bill's Superette and SuperAmerica and in the City's parks. It was pointed out that during ball games, the noise is intermittent, basically occurring when there is cheering during a play, Then it is quiet until the next big play. They asked Staff to have the decibel readings done to develop some sound data and agreed to consider an objective noise ordinance following that research. " " Andover Planning and Zoning Commission Meeting Minutes - December 9, /997 Page../ (Noise Ordinance Pov's Sports Bar, Continued) k/otion by Apel, Seconded by Gamache, that we inform the City Council that until we do some further study this coming spring on noise variations, that enabling changes in the ordinance wait until that time. We are in agreement that the ordinance shall be changed. Motion carried on a 6- Yes, 1- Absent (Barry) vote. OTHER BUSINESS December 2, 1997, City Council meeting: Mr. Carlberg updated the Commission on the actions taken at the December 2 regular Council meeting. '\ ) MTC bus sen'ice to Andover - Commissioner Wells noted she has been riding the MTC bus to work since October and has found that there are many people from Andover who also ride the bus. Very few of them go to the Seventh Avenue parking lot to catch the bus, She goes to the stop on the west side ofHWY 610. She wanted the Council to know that she feels there is a desire on the part of the Andover residents to use the MTC bus service. Mr. Carlberg reported Staff has been researching other alternatives since it is very costly to have the MTC service provided to the City. Signage at Bill's Superette on Round Lake Boulevard - Commissioner Wells felt there are a large number of signs around the Bill's Superette establishment for tl1e size of the buildings. She didn't recall the Commission granting them the right to have all of them. Mr. Carlberg stated the Commission doesn't have the authority to regulate signs, He believed they complied with all of the regulations, but he will check on it. Motion by Apel, Seconded by Gamache, to adjourn. Motion carried on a 6-Yes, I-Absent (Barry) vote. The meeting adjourned at 8:58 p,m. Respectfully submitted, \\~~~~[~'~L Marcella A. Peach , ) Recording Secretary CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION DATE: December 9.1997 AGENDA ITEM ORIGINATING DEPARTMENT Planning Department 4, Discussion Continued Noise Ordinance/ Pov's Sports Bar 1851 Bunker Lake Blvd. NW The Planning and Zoning Commission tabled this item at the November 25, 1997 meeting, The Commission directed staff to research the following: 1. The history of Ordinance No, 230, Noise Ordinance regarding the origin of the 10:00 p.m, to 7:00 a,m, hours. / 2, Other city ordinances regulating noise in relation to recreational activities, 3. Park & Recreation Commission input on the impact of the ordinance on park activities. Historv of Noise Ordinance The Noise Ordinance (Ordinance No. 60) was adopted on June 1, 1982. The Ordinance appears to be based on a model ordinance produced by the League of Minnesota Cities, The model ordinance established the 10:00 p.m, to 7:00 a.m. noise restriction, Staff could not find any State regulations or laws establishing time restrictions coinciding with Andover's Ordinance. On June 17, 1997, Ordinance No, 230 was adopted repealing Ordinance No. 60, This was done as a result of the City systematically renumbering and updating all ordinances of the City, Other City Ordinances Staff contacted the League of Minnesota Cities (LMC) for copies of other city's noise regulations, In addition, Staff also conducted a phone survey of metro area cities' noise regulations, Results from the LMC and phone survey were not available at the time of / the writing of this report. Staff will present these findings at the meeting, Park and Recreation Commission Review / The Park & Recreation Commission, at their regularly scheduled meeting on Thursday, December 9, 1997, discussed the ordinance and the impact on park activities. Staff will present the results of the discussion at the meeting. Again, the Commission is asked by the City Council to consider language amending Ordinance No, 230 or to suggest other resolutions concerning the noise issue related to the operation of the ballfields at Pov's Sports Bar (1851 Bunker Lake Boulevard NW), The Planning and Zoning Commission is asked to give direction to the City Council on this issue, / " I Regular Planning and Zoning Commission Meeting Minutes - November 25, 1997 Page 8 DISCUSSION - NOISE ORDINANCE/PO V'S SPORTS BAR Mr, Carlberg explained the City Council has asked the Planning and Zoning Commission to consider an amendment to Ordinance No. 230, Noise Ordinance, or to suggest other resolutions concerning the noise issue related to the operation of the ball fields at Pov's Sports Bar, 1851 Bunker Lake Boulevard. The City has received a complaint and a petition from the neighboring residents of Po v's relating to noise from the ball fields after 10 p.m. The Noise Ordinance prohibits any noise and/or act which is plainly audible at the property line of a structure or building or at a distance of 50 feet of its source between the hours of 10 p.m. and 7 a.m, The Special Use Permit granted to Pov's in 1994 was for a liquor license to operate a restaurant/bar with two ball fields and two volleyball courts. At the discussion of that permit, the hours of operation of the ball fields were discussed, and the owner indicated they would operate until 1 0:30 p,m. on week days. That was not included in the Special Use Permit because the Permit was for the liquor license only, nor would a change to that Permit relative to hours of operation be appropriate. The feeling of the City at the time of these discussions was that there would not be a noise problem because of the distance between the ball fields at Pov's and the nearest residence. He is not aware of any issues relating to alcohol on the ball fields. The issue has been the noise after 10 p.m. From the fence to the nearest corner of a residential ,/ building is about 800 feet. He did not know the history behind setting the hours of 10 p.m. and 7 a.m. in the. ordinance or whether that comes from the state statute. All terms of the Special Use Permit and agreement relating to fencing and landscaping have been met. To his knowledge, the facility is being maintained. Mr. Carlberg also reviewed the two or three calls made by residents to the Sheriffs Department. relating to noise, all which occurred between September and October of 1997, The City received a letter from the Sheriffs Department dated October 15, 1997, indicating the noise was normal at the time the officer responded to the call, Staff is not aware of any noise problems relating to any other ball fields in the City; however, he was not sure whether or not games at the City Hall fields or Sunshine Park go beyond 10 p.m, This was the third summer of operation at Pov's, and he did not know if there is a correlation between the complaints which have been only recent and the trees that were destroyed in the storms this summer. / Brad Povlitzki owner and general manager ofPav's Sports Bar - believed the reason this has been brought up is a resident found out the Noise Ordinance is 10 o'clock. Since then that person has called quite often. The Sheriff s report indicates there was no extension of noise. Before he purchased the property and invested about $2 million in the building, softball fields and fencing, he received permission to end softball games at 10:30 p.m. Softball is the main focus and main source of revenue. If the City does not allow him to play games until 10:30, he would lose 30 percent of his business. He called many cities that have adult softball games similar to his operation plus those games played in City parks. He gave a copy of his findings to the Commission, Generally the hours of operation end at 10:30 to 11 o'clock at night. This is softball. There is a solid buffer of woods betw'cen the fields and the residents. His games start at 6: 15 p,m., which is the same start time as other cities. Games are limited to one hour, with 10 minutes between to shake hands and get the new players on the fields, Foul language was brought up at the last meeting. They have very strict rules . , , I Regular Planning alld Zoning Commission Meeting A1inutes - November 25, 1997 Page 9 (DisclIssion - Noise Ordinance/Pol' 's Sports Bar, Continued) against foul language which is enforced by the umpires. A player will get kicked out of the game for swearing; and if repeated, a player can be kicked out for up to a year. Another complaint was the sound of the balls hitting the bats. It is 800 to 900 feet through solid woods with thick leaves and brush. He felt the complaints are vindictive toward him. He was in LasVegas to celebrate the holidays with his parents and family when notified of this meeting, which caused him to have to fly back specifically for this. He is very upset about that. His facility pays $80,000 a year in property taxes, which he \.ViII not be able to afford if his businesses is cut back. He hires 50 to 60 employees, of which 30 percent would have to be laid offifhe's not allowed to play softball until 10:30 p.m. He planted additional trees as a buffer to the residents at his cost. All were quick gro\.Ving popular trees and are now over 20 feet tall. The fencing around the fields is wood. Commissioner Wells asked about sound baffling on the inside of the fence. Mr. Povlitzki stated that would be an additional cost, but he's already been given the right to play until 10:30 by the City. It is a recreational sport, very organized and controlled, including the language. Umpires would lose their licenses to umpire if they allowed profanity on the fields. Most of the forfeit games are the 6: 15 ones because people just can't get there that early, The last game starts at 9: 15 or 9:30; but many / of the people come inside of the building before 10 o'clock because of the mosquitos and bugs. It is generally "'1ves and children cheering on the teams, which is a positive situation. If the City wants a petition, he could easily get 1,000 signatures to continue playing the games until 10:30. Mr, Youn~ 13885 Osa~e - stated he lives two blocks from where the trees end. They can very clearly hear the sounds from the ball park. They hear 30 to 40 people cheering when someone makes a home run, There are no trees that will stop that sound in any way. The trees planted on the north side of the ball fields are 12 feet apart. The sound of the ball contacting with the aluminum bat at night sounds like someone is directly outside his window. This is not a personal issue. Last summer after the outdoor concert in July, he talked with many of his neighbors who also indicated they were getting fed up with the noise and felt something should be done. He felt that outdoor concert is what brought this to a head, They have the right to have peace and quiet on their own property when they get home at night. When the noise comes from 800 feet away, he wonders how much respect this place of business has for the residents that were there long before the business was, Half the ball teams aren't from Andover and don't have any respect for the residents around there, especially the way they drive up and down Bunker Lake Boulevard at night. Some pine trees were planted that are 4 to 5 feet tall. The scoreboard was placed so people from the bar could watch. If it had been placed on the west end, it would have provided a greater buffer for sound for the residents. He has called about the noise at 10:05 and 10: 10, but the police don't respop.d because one of their teams plays there also. It is not a priority for the police. They have never come into their neighborhood to sit and listen for the noise from the bar. Some nights the games go on until 10:45, and it sounds like people are standing right outside of his bedroom \.Vindow. He gets up at 4 a,m. to work, and he doesn't like being kept up until 10:45 or 11 o'clock because they are allowed to abuse the Noise Ordinance. It is a nuisance which clearly violates the ordinance. He suggested the first game start earlier. Commissioner Wells asked if there are noise problems on the weekends. Mr, Young responded he , / Regular Planning and Zoning Commission Meeting Minutes - November 25, 1997 Page 10 . " (Discussion - Noise Ordinance/Pov's Sports Bar, Continued) is not home on the weekends during the summer, so he did not know if there was a problem on weekends. He again stated this is not a vendetta, but the issue peaked after the July concert. The residents said they have finally had enough of it. Those residents also pay taxes, and a sound barrier should have been required to satisfy the concerns of the residents. Mr, Povlitzki - noted the police report indicates a call at 10: 10. The police were at his place at 10: 15 and there was no evidence of noise on the property. Commissioner Ape! felt this was a clash of wills, not a noise issue, and felt the Council should be chastised for passing the issue to the Planning Commission for direction. The City granted a liquor license, then pulled it back for Sundays. The City courted Mr. Povlitzki to invest money in the community, and to come back after three years and challenge his ability to continue his business is ridiculous. He felt the City had a moral and ethical obligation to Mr. Povlitzki and others who come here to protect them from special interest groups that are trying to destroy them. He felt this is a special interest group. / Mayor Jack McKelvey addressed the Commission stating the Noise Ordinance states 10 o'clock and it does not give special permission to extend that time for sporting events. That was sent back to the Commission to consider. Do other games in the City have to stop just because it is 10 o'clock? He can hear the noise from the lights being turned on and off and the hitting of the balls from the tennis courts at the City Hall. Should that activity have to stop at 10 f)'c1ock? There are lights on some of the City Hall fields plus there is talk of installing lights at Sunshine Park. Why should the City make that investment if the games must stop at 10 o'clock? He works at Pov's Sports Bar on behalf of the Andover Lions, Mr, Young called one night to talk to Mr, Povlitzki at 10:35 to complain about the noise, Mr. Povlitzki said there wasn't any noise and asked if he wanted to talk to the mayor. The comment was made that he was just sloshing beer with him, The Mayor stated Mr. Young doesn't know him very well, because he has not had a drink in the last 12 years. Mayor McKelvey stated he knows that the games are done at 10:30. One woman calls about the lights regularly. Sometimes the lights are inadvertently left on past the end of the games, and he often reminds Mr. Povlitzki to get them turned off He'd like to see a change in the Noise Ordinance to 10:30 rather than making an exception for sporting events. In many cities, the ball fields are closer to residential areas, He'd like Staff to check with other cities to determine what times they have in their Noise Ordinances. He's been in Mr. Young's neighborhood and heard more profanity from the neighborhood than from Pov's. The outdoor concert was approved by the City in conjunction with Andover Days, Commissioner Wells stated they lived near the ball fields in Champlin and moved to Andover because of the noise. / Commissioner Bany stated she called several cities today. Several require a Special Use Permit for softball tournaments on weekends. They have noise ordinances for weekdays and weekends with two different times for commercial and residential areas. In some cas~s the lights on the fields came into play. The Cities generally had a noise ordinance for 10:30 on week days and 12 or 1 o'clock on weekends. She takes her family to Pov's and has never heard any profanity. They watch the softball games from 6 until they are over both during the week days and on weekends, several times a week. She has never seen lights on after the games are done, She felt the Commission might consider a time \ 'J Regular Planning and Zoning Commission Meeting Minutes - November 25, 1997 Page 11 (Discussion - Noise Ordinance/Pov's Sports Bar, Continued) that is reasonable across the board, but then look beyond that for spaces like the Field of Dreams which may have lights. Mayor McKelvey suggested Staff check with the City of Blaine, as the last game at their sports bar generally begins at 9:45. Many times the youth games at Sand Creek begin at 10 or 11 o'clock. He didn't think many cities have a 10 o'clock noise ordinance, especially for sports. Barb Drabant 13753 Partridge - stated her back yard is across the swamp from Pov's. She has no intent of putting it out of business, as she does patronize it. She has said there is foul language. If it is not allowed at the games, possibly it is coming from the parking lot; but it does come into her . home and she doesn't appreciate it. She is also the person who calls about the lights, though she's never called the Sheriff. She calls Pov's, and they turn off the lights, It is not a big issue, but she does care about the implication that it is a special interest group. She didn't feel she is part of a special interest group; just a resident who lives in the area. She doesn't want Pov's to stop the games, nor does she have a problem with the business; but she wants them to stop at 10:30 so she can go to bed. / Cindy Barker ? Partridge - stated a lot of residents didn't know that the bar was going to be constructed there because the City owns the property between them and the bar. She is a special interest group because her interest is for her and her family. They were never able to give their opinion or know the exact location of the business. There is a chronic noise problem and there is s\vearing, She called the police twice on one occasion, though :t was not this year. She has to run her air conditioner at night because the noise is so loud. She can hear all the jokes and laughing just like it is outside of her bedroom window. The children hear it. There was one incident where it went on until 11 :40 p,m. They like to turn the lights on when it is snowing because it looks so pretty; but the lights are like sunshine in the windows, so she keeps her drapes closed all the time. Fridays and Saturdays are also problems. There are others in the neighborhood who feel the same way but were unable to attend this evening. Steve Harrison sports coordinator at Pov's the last two years - stated many balls go over the fence at night, and he goes behind the fence to retrieve them. While behind the fence, he rarely hears any noise. He's even almost gotten hit by balls because he doesn't hear them being hit by the batter. If there is swearing or profanity, he would be the one to call. That is one of the main rules that the umpires enforce, and a player can be kicked out of the park and even out of the softball league for the use of profanity. It is hard for him to believe the noise travels that far and in that direction. Normally the noise goes in the direction of the wind, and the wind normally blows from the northwest. There are several umpires present this evening; and many more would have been here, but he didn't know about this meeting until 2 o'clock this afternoon. ) Steve Pease. Resident of Andover and an umpire - stated he and his children play ball. He drives up to Pov's for the two late games, 8: 15 and 9:20. He rarely hears a sound coming out of that complex while walking up to it. He also retrieves balls behind the fence, and it is very quiet. He lives within " Regular Planning and Zoning Commission Meeting A1inutes - November 25, 1997 Page 12 (Dis,-.,ssion - Noise Ordinance/Pov's Sports Bar, Continued) one-half mile of the place, and he doesn't see or hear it. He didn't understand how it can be a constant noise problem. He hears more car noises and sirens along Bunker Lake Boulevard than noise coming out of that complex. Parents at their children's games make more noise than what he hears at these games, All of the other complexes where he umpires or plays have smaller or no walls around them. He felt a 10 o'clock noise restriction is too early; possibly 10:30 may be a good compromise. ? umpire at Pov's - stated the procedure for profanity is a warning the first time. It happens occasionally. If it is repeated, the person is ejected from the game. There is zero tolerance for profanity. He ejected four people. It is a controlled situation at Pov's, even more so than most City parks; plus there is security. Jell)' ? Andover - has lived here for 5 years and has umpired at Pov's and throughout the state. He has never gotten done before 10:30 on night games. It is impossible to start the games before 6 o'clock because people work until 5 or 5:30. Many of the first games are forfeited because people don't get there in time. He lives by the railroad tracks, which has considerably more noise from the trains, often past 10 or 11 o'clock. If there is profanity, the player is automatically rejected from the game: Swearing absolutely is not tolerated. A minor offense is an automatic out. A second offense, two outs. A third offense, the player is ejected from the game. For major swearing, it is an automatic ejection from the ball park. If the person doesn't leave, the entire team is ejected from the park. The games are done between 10:25 and 10:35. There are no overtimes; those games just end up in a tie. Commissioner Wells again felt the Commission should revisit Andover's Noise Ordinance. There should be a difference between week days and weekends. Possibly look at requiring a Special Use Permit for weekend sporting events. Commissioner Wells stated the fact that 75 residents were willing to sign a petition indicates there is a problem. They all pay taxes and lived there before Pov's. It is different than the gentleman who purchased a house next to the railroad tracks knowing that there will be noise from it. The discussion continued between the Commissioners and various members of the audience. Mr. Carlberg noted the City did not offer any TIF incentives for Mr. Povlitzki, There were residents at the public hearing for the Special Use Permit who had a concern with the noise. They were told about the Noise Ordinance. Mr. Povlitzki stated he needed to operate to 10:30, but the City did not waive the ordinance. Commissioner Apel felt the City had an obligation to mitigate the differences between the two groups. / The Commission asked the Staff to provide the historical data on where the hours of 10 p.m. to 7 a.m. came from and the hours of operation in other communities, specifically relative to recreational activities. Possibly the Park and Recreation Commission should be asked for input as to how they might envision the ordinance would impact their park activities. Mr. Carlberg stated they will do the research and bring it back to the next meeting. If the Commission wishes to recommend an amendment to the ordinance, a public hearing will be scheduled. / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 230 An Ordinance repealing Ordinance No. 60, adopted June 1,1982; An Ordinance Relating to Noise, Providing for the Elimination and Prevention of Prohibited Noise, and Imposing Penalties for Violation. AN ORDINANCE REGULATING NOISE, PROVIDING FOR THE ELIMINATION AND PREVENTION OF PROHIBITED NOISE AND IMPOSING PENALTIES FOR VIOLATION IN THE CITY OF A.~OVER. The City Council of the City of Andover hereby ordains as follows: Section 1. Intent. / The purpose of this ordinance is to protect the public health. safety and general welfare by restricting activities which emit noise that unreasonably annoys, disturbs, injures or endangers the comfort, health. peace, safety or welfare of any person or persons, or precludes their enjoyment of property, or adversely afI'ects their property's value. , &diP" 2. NQises Specific:dly Prohibited. Any noise and/or act which is plainly audible at a property line of a structure or building, or is located in the hallway or is adjacent to an apartment or condominium unit, or at a distance offifty (50) feet of its source between the hours of 10:00 p.rn. and 7:00 a.m. daily, sball be prima facie evidence that the noise is excessive and shall be a violation of this ordinance. Section 3. Exemptions. The foliowing acts or noises are permitted between the hours of 10:00 p.m. and 7:00 a.m. daily,: I) Equipment used in connection with special events or activities which are authorized, sponsored, permitted or' approved in the City of Andover by the City Council, so long as the activity is conducted pursuant to the conditions of the license, permit or contract authorizing such activity; 2) Church bells, chimes or carillons, school bells, or emergency civil defense warning signals; 3) Anti-theft devices; 1 I 4) Machines or devices for the production of sound on or in authorized emergency vehicles. SectiOIl 5. . Penalty. Any person who violates the provisions of this ordinance shall be guilty of a misdemeanor and shall be subject to punishment as defined by State law. . Each act of violation and each day a violation occurs may constitute a separate offense. Adopted by the City Council of the City of Andover this 11th day of ~ 1997. ATIEST: CITY OF ANDOVER .""-L:.~ t!~ Victoria Voik, City Clerk , I 2 NOISE The foUowing is a list of various sounds, their decibel levels, and the recommended exposure time to each. . ,/ ~ound Decibel Lev~ ffilDe Permitted ~stlin~ leaves 20 dB no limit !whispering 25 dB no limit Ilibrary ~OdB Ino limit Irefrigerator 145 dB Ino limit laverage home ISO dB Ino limit rlonnal conversation ~OdB Ino limit :lothes dryer ~OdB !no limit washing machine p5 dB !no limit jishwasher 65 dB 10 limit ::ar 70 dB 110 limit vacuum cleaner 170 dB rlO limit 170 dB no limit busy traffic r75 dB !no limit mini-bike ~OdB !no limit "lann clock ~OdB no limit rloisv restaurant ~OdB !no limit office tabulator 80 dB no limit outboard motor 80 dB !no limit passing snowmobile 80 dB rlO limit avera~e factory 85 dB 16 hours electric shaver 85 dB- 16 hours screaming child 90 dB 8 hours passing motorcycle 90 dB 8 hours convertible ride on freeway 95 dB 4 hours subway train 100 dB 2 hours diesel truck 100 dB 2 hours woodworking shop 100 dB 2 hours Ioneumatic drill 100 dB t2 hours Iboiler shoo 100 dB . r2 hours . ackhammer 100 dB 2 hours l1elicopter 105 dB 1 hour power mower 105 dB 1 hour nowmobile from drivers seat 110 dB GO minutes nboard motorboat 11 0 dB. 30 minutes >andblastin~ 110 dB 13 0 minutes ive rock music 190-130 dB 18--0.3 hours auto horn 120 dB 7.5 mins - propellor aircraft 120 dB 7.5 mins air raid siren , 130 dB 3.75 mins THRESHOLD OF PAIN 140 dB danger level gunshot 140 dB danger level . et engine 140 dB d~er level rocket launching 180 dB danger level \ . / . / iC 1997 Better Hearing Institute, Washington, DC. All Rights Reserved. D...~.... .."'" D.a.t+A1'" U~~,.;nn Tn"t;hlt,:. J..fnm~ P~OP CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION DATE: November 25.1997 AGENDA ITEM ORIGINATING DEPARTMENT Planning Department 9. Discussion Noise Ordinance/ Pov's Sports Bar 1851 Bunker Lake Blvd. NW The Planning and Zoning Commission is requested by the City Council to consider amending Ordinance No. 230, Noise Ordinance or to suggest other resolutions concerning the noise issue related to the operation ofthe ballfields at Pov's Sports Bar (1851 Bunker Lake Boulevard NW). Backe:round The City has received a complaint and a petition (attached) from the neighboring residents of Po v's Sports Bar related to the noise coming from the ballfields after 10:00 p,m, Ordinance No, 230, Noise Ordinance (attached) prohibits any noise and/or act which is plainly audible at the property line of a structure or building, or at a distance of fifty (50') feet of its source between the hours of 10:00 p.m. and 7:00 a,m. History Pov's Sports Bar received a Special Use Permit on June 7, 1994 for a liquor license to operate a restaurantlbar with two ballfields and two volleyball courts (Resolution R107- 94 and minutes attached), During the Planning and Zoning Commission's discussion of the operation of the ballfields on May 24, 1994 (minutes attached) the hours of the operation of the ballfields was discussed as indicated in the attached minutes from that meeting, Mr. Brad Povlitzki owner/operator of the bar indicated the ballfields would operate until 1 0:30 p,m. on weekdays, However, the hours of operation were not referenced in the adopted resolution, It should also be noted that there was not an exemption given to allow the operation to violate the noise ordinance. The Planning and Zoning Commission is asked to give direction to the City Council on this issue, \ , J Regular Andowr ( 'ilY Council Meeling Minules - Ocloher ] I, 1997 Page 5 (Rezoning /5xxx Hanson Boulemrd Chesterton Partnership, Continued) that infonnation available to the Council, but further research on the law is needed. Councilmember Orttel understood Coon Rapids is also in that process. Attorney Hawkins felt there are vehicles for this to be accomplished, but it is incumbent u fi the applicant to bring something to the Council, a proposal on how the area will be develop . Mayor McKelvey noted the Council has said an apartment building would be acceptable as I g as it is for seniors. He did not have a problem with town homes as long as they are being s a, but he felt an apartment building must be for seniors. . Mr Windschitl - stated he would not mind researching this further. H stated in other cities, the market is bringing in the senior housing, which he did not think is di riminatory. The problem is having some definitive statement that says this is only for one group people. Designating a specific age requirement would prevent a son or daughter from movin ' with an elderly parent as the care giver. There has been some discussion about their selling th property. 1\1r. Windschitl stated their intent is to develop the property, not sell it. Attorney Ha ins recommended the developer contact / the City ofLino Lakes where a senior housing compl , has recently being developed. The Council noted that in most cases, a develope will come in with a specific proposal and site plan of what will be developed on the site in con' ction with a rezoning request. Without that specific proposal, the options are to change the or . ance to include a zone specifically for senior housing or to contract zone v.ith the property 0 . While the amendment to the Comprehensive Plan did not specifically mention it, the Council ecifically recalled that when the land use for this property was designated for multiples, it was ne so with the understanding and intent that it would be for senior housing. In the Council disc sion, most did not have a problem with empty-nester town homes or a mixed use like a day car In the development or an apartment facility for seniors similar to the one in Ham Lake on Bunk ake Boulevard. They wanted assurances, however, that once rezoned, that is how the property '11 be developed, It was suggested other cities be contacted for the procedures they use in their enior housing developments, 1tl - stated he would do additional research, specifically with Coon Rapids, Blaine and Lino La . He would also meet with Mr. Carlberg and Mr. Hinzman and agreed to tabling the item to the ovember 4 Council meeting, Mayor McKelvey then asked for a motion to table the item to the ovember 4 meeting, Motion carried unanimouslv, "' ~ DISCc.;SS PO V'S SPORT BAR/OPER-J TlOS OF BALL FIELDS l\1r. Carlberg expla:ned the City received a petition from residents regarding the noise that is audible from the property line of PO\" s Sports Bar, 185/ Bunker Lake Boulevard \iW Apparently there l Regular Andover ('itJ' Council Meeting Minllfes - (}r.;toher 21, 1997 Page 6 (Discuss POl' '5 Sport Bar Operation of Ball Fields, Continued) have been a number of softball games that are in progress after 10:00 p,m. The Special Use Permit issued June 7, 1994; granting the liquor license to Brad Povlitzki for a restaurantlbar with two softball fields did not indicate a time when the games would end and field lights would be turned off. The City's Noise Ordinance states noise that is plainly audible at the property line of any structure after 10:00 p.m. shall not be permitted. Mayor McKelvey recalled at the time of the Permit, the Council understood the ball games would be over at 10:30 p,m. and that the City would aIlow them to keep the lights on until 10:30 or 'II :00 p.m. He also recalled Mr. Povlitzki was to plant trees along the swamp to alleviate the noise in the neighborhood. He is at Pov's often on behalf of the Lions Club, and he stated the times the games go past 10:30 are rare. The Mayor also related one time when the Sheriff was called by a neighbor complaining about the noise at Pov's when it was found the noise actually came from some kids down the block from the neighbor. If the City strictly enforces the 10:00 Noise Ordinance for softball games, he felt it will have to do the same for all games played in the City, including those using the City Hall ball complexes. / Council member Orttel understood the problem is the noise, not necessarily the lights, The Sheriff has reported there were three complaints of noise from January through October, all received between September 25 and October 15 from one person between the hours of 10 and 10:35. Without a specific time stated in the Special Use Permit, he felt the Noise Ordinance has to be enforced. Barb Drabant-Duerrl 3753 Partridge - stated she didn't have a problem with the lights. She has called Pov's when the lights are on late or when they have forgotten to turn them off, and Pov's has cooperated in turning them off immediately. The problem is the noise and verbiage on the week nights. She didn't have a problem with Friday or Saturday nights; but it gets very loud on week nights. Most of the neighbors must get up early in the mornings. She cannot leave her windows open because of the noise from the ball fields. She is not comfortable with the male-oriented softball language. She'd prefer a 10:00 limit, but can live with 10:3u, Anything later than that is very difficult. James Young 13885 Osage - has a problem with the noise, The sound from the games carries very clearly, There have been nights where the games go past 10:30, and often the language is very graphic. He's not expecting them to quit the games, but 10:00 seems like a reasonable time, He has petitioned the rest of the residents and presented another portion of the petition to the C ounci!. He now has 66 signatures regarding the noise from the softball games past 1000, He felt this should be looked at very seriously by the City Council. He understands from City Staft'that Pov's is to comply \vith the 10:00 \'oise Ordinance NIr. Carlberg stated the Minutes reflect that the ball t1elds could operate until 1030 p.m., but the 1000 Noise Ordinance does apply to Pov's , / Brad Povlitzki owner of Po v's Bar - stated softball is a sport. He is six acres from the nearest house, In other cities the last softball game \vill typically start at 9:30 and continue until I 1:00 p,m, or from ~I Regular Andover City COllncil Meeting Minutes - October 21, /997 Page 7 (DisCl/ss POI' 's Sport Bar Operation of Ball Fields. Continued) 9:45 to 11 :00; and there have been no problems. He is in a commercial area. His last game starts at 9: 15, and the lights stay on until 11:00. He can't stop people from swearing during the games. He has security, When this was approved, he specifically received approval to have games until 10:30. He cannot have his games finish any sooner. He expressed frustration that ifhe's made to stop by 10:00, he will lose about one-third of this business, which he cannot afford to do. There are some make up games left this weekend, but the softball season is now over. The discussion with those neighbors present and Mr. Povlitzki continued on the problem" with noise, the concern with the impact on the children because of the language, and suggestions to resolve the problem to the satisfaction of the neighbors and of Po v's, Residents stated the noise seems to have gotten louder, that some of the trees were blown over in the storms and that the noise seems to carry through there. The Council suggested something be resolved b~tween now and the spring season. Mr Povlitzki - stated he will lose 30 percent of his teams ifhe can't play that last game, He received permission before he cleared the property or received his permit. The 4-foot trees he planted have / grown to 15 and 20 feet high. The nearest house is 800 feet away. The call he received yesterday was the person didn't like the sound of the ball being hit. He can put "no swearing" rules in his rules and will try to work on the issue of obscenities. It is not feasible to start the games earlier. He could plant more trees and or install a fence if the DNR would allow him to put the anchors on the adjacent property. He also noted that sign ups for next year begin in January, so this needs to be resolved by then. The Council then suggested the item be referred to the Planning Commission to consider amending the ordinance or to suggest other resolutions. They agreed the neighbors or a contact person will be notified when the Planning Commission considers the item. VEJ'tIBER 4 CITY COUNCIL JUEET/NG Staff info ed the Council the time of the November 4 meeting will begin at 8:01 p.m. because of the election. \, J Mr, Fursman explained the wage sche es before the Council are the same as what was presented at the last budget meeting \\lith two changes. he Planner I position will be corrected to a top wage of537,000 to reflect the actual averages for c unities in Andover's group, Also, the Building Inspector's schedule should be reduced to $43, to be consistent with the averages. To compensate for the disparity that results from cost ofliv' 0 adjustments in the future, he proposed that something less be approved for those employees in the up levels, These proposals are a part ~. "~-'.~ --~ ...! . ,. . ~-A~:~~~~~~:;?f,~.:4:~~\;~___'.'_~ . . .. ,. -c / We~ the undersigned, wish to bring,to the attention of the Andover City Council the problem this neighborhood is h~ng with loud and excessive noise coming from POV's Sports Bar on Bunker r..a.....Boulevard during weeknights after 10: 00 in the evening. The sig~ilJres on this paper are to be "submitted to the city council as"an informal complaint. At this time, we leave this ~atter to the Andover City Council members to bring this up at t!ieir meetings. We hope that POV IS Sports Bar will be made aware of the feelings of this neighborhood and the laws that govern the noise restrictions. Whatever action is taken in this matter would be"of interest to all the undersigned persons. Please keep us informed. NAME ADRESS PHONE NUMBER -dl.J1JuJ, 7S7-02/ 69 51-/\/,0 I .9-n / , / 76-7- - . . . \ 'J ,- ," '.~ ~.').<_~~i:t~_~~~~~~~~'..~~;.::-."-- , .. . -', --~- .,'. ~ . " ./ ". >>,'. " / " , j i~-il . ...-<;;"- .' .~.. ~.~:; '. " (" , " (, / ...' ' '- CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R107-94 A RESOLUTION GRANTING THE SPECIAL USE PERMIT REQUEST OF BRAD POVLITZKI TO OPERATE A RESTAURANT/BAR WITH TWO SOFTBALL FIELDS AND TWO VOLLEYBALL COURTS WITH ON-SALE LIQUOR LOCATED AT 1a51 BUNKER LAKE BOULEVARD NW. WHEREAS, Brad Povlitzki has requested a Special Use Permit for a liquor license to operate a restaurant/bar with two softball fields and two volleyball courts located at 1a51 Bunker Lake Boulevard NW, legally described on Exhibit A; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance a, Sections 5.03 and 7.03; and WHEREAS, the Planning and Zoning Commission finds the proposed use will not be detrimental to the health, safety and general welfare of the occupants of the surrounding lands; the use will not cause serious traffic congestions or hazards; the use will not depreciate surrounding property values and the use is in harmony with the Comprehensive plan; and WHEREAS, a public hearing was held and there was opposition regarding said request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission to allow Brad Povlitzki to obtain a liquor license and operate a restaurant/bar with two softball fields and two volleyball courts at said property with the following conditions: 1. The Special Use Permit will be subject to annual review and site inspection. 2. The Special Use Permit will be subject to a sunset clause as defined in Ordinance No. a, Section 5.03(D). 3. The Special Use Permit for on-sale liquor shall be limited to the southeast quadrant of the site based on a legal description developed by Staff to be presented to the City Council. 4. Liquor sales and consumption shall be limited to the interior of the building and deck. 5. The Special Use Permit is contingent on application and obtaining a liquor license. , . / Page Two Special Use Permit - Liquor License las1 Bunker Lake Boulevard NW Brad Povlitzki June 7, 1994 Adopted by the city Council of the City of Andover on this 7th day of June , 1994 ATTEST: tf{~ ~ Vlctor1a Vol , C1ty / \ CITY OF ANDOVER ). ~. 41v~ (p. E. McKe vey, .yor Clerk Regular Andover City Council Meeting ~inutes - June 7, 1994 .>age 4 (Public Hearing: IP94-3/140th Lane, Continued) letter~om the residents asking that a committee be formed to get all facts, 'tnc;ludi n'J what Mr. Fmmerieh ie w~lling to contr~Dute.,. before proceeding. Their first priority, however, would be to leave the'ro~/ as a cul-de-sac. ~ Mr. Davidson suggested the contractor could be asked to maintaj.nthe bid price for the alternate bid for 60 days, though he would like approval on the Hills of Bunker Lake 5th project this evening sQ/the contractor can get started on that project. The Council generally agreed that all facts should be known and negotiations completed before proceeding with this project. They asked that any contributi~n/by the developer be in writing and that the new figures for the a~s€ssment to those on l40th Lane be determined. ~ MOTION by Jacobson, Seconded by Dalie~ that we table this until the next Council meeting, June 21, 1994, to'allow time for the engineer to discuss with the developer to the ;~t the possibility of contributing to the construction and to refig{,.re the prices and talk with the residents along the street, and then have the residents come back and give us their vote at that time./ Motion carried unanimously. 8:35 p.m. AWARD B;fD/IP93-12/HILLS OF BUNKER LAKE 5TH Mayor McKelvey noted t e resolution accepting bids and awarding the contract to the low bi~tler, C. W. Houle, Inc., base bid of $1,039,727.70 and alternate bid pff $139,231.03, making the change to keep the alternate bid op~{or 60 days. MOTION by Dalie , Seconded by Jacobson, to move with that change. (See Resolution RlO -94) Motion carried unanimously, MOTION Y Jacobson, Seconded by Knight, that we concur with the Planning for the same reasons that they listed (making no o ~on carr~e unan~mously. RDINANCE 8, SECTIONS 8.01 AND 8.08 ~ APPROVE SPECIAL USE PERMIT/LIQUOR LICENSE/POVLITZKI Councilmember Jacobson stated he will vote against the Permit because he objects to the liquor portion, thinking that will cause problems. He does support the idea of a restaurant as proposed in Andover. lOTION by Perry, Seconded by Dalien, the Resolution as it has been presented to us for the Special Use Permit. (See Resolution Rl07-94) Motion carried on a 4-Yes, l-No (Jacobson) vote. Regular Andover Planning and Zoning Commission Meeting '~inutes - May 24, 1994 / Page 3 (Public Hearing: SuperAmerica Preliminary Plat, Continued) MOTION by Dehn, Seconded by Peek, that we accept the request to table from SuperAmerica, to be scheduled indefinitely. Motion carried on a 5- Yes, 2-Absent (Apel, Pease) vote. ~ PUBLIC HEARING: SPECIAL USE PERMIT - LIQUOR LICENSE - 18XX BUNKER LAKE BOULEVARD (PIN 34-32-24-13-0001) - BRAD POVLITZKI ~ 7:25 P.M. Mr. Carlberg reviewed the request of Brad Povlitzki for a Special Use Permit for a liquor license to operate a restaurant/bar with softball fields and volleyball courts at laxx Bunker Lake Bo~ievard NW. He noted the applicable ordinances and criteria to be used in granting a Special Use Permit. Staff has determined the proposal would not have a detrimental effect on the health, safety, morals and general welfare of the occupants of the surrounding lands; that the use would increase the traffic flow onto Bunker Lake Boulevard; that the use will not have a negative effect on the values of property and scenic view in the surrounding area; and that the use would be consistent with the Comprehensive Plan. The facility and operation would be very similar to ~he Village Inn in White Bear Lake. The site is 30 acres total, but the -facilities are proposed to be located in the southeast quadrant. The Commission was concerned with what will happen with the northwest portion of the property, that area abutting the residential area. Mr. Carlberg stated there would be the potential to subdivide it in the future. The property is now owned by Ron Roth of Wasteco, who has given approval for this request; and the applicant has an option agreement to purchase the property contingent upon receiving approval of the liquor license. A condition the Commission may wish to place in the Permit is the license would stay with the operation in the southeast corner in the event the property is subdivided. Any adjacent lots that would be created would not have the liquor license. He also suggested adding the condition that the applicant successfully apply and complete the liquor license application process. The Commission had several questions pertaining to the proposed operation itself. Mr. Carlberg explained it is proposed to be a family atmosphere with two ball fields and two volleyball courts. The area is treed, and the application will have to comply with the Tree Preservation Plan. It would be in the best interest of the applicant to keep the area screened as much as possible to make it aesthetically pleasing. The wetland area does a good job of separating the area to the north. That wetland cannot be crossed. 1ince the proposal is to create a family atmosphere, Commissioner Jovanovich asked if they will provide a playground for the children. Brad Povlitzki - stated there will be an arcade, a restaurant, seating inside or on the patio where spouses and children can watch the games. It is completely access controlled. There are only two ball fields; whereas SRO in Oak Grove has six fields which are not access controlled. Regular Andover Planning and Zoning Commission Meeting ;~inutes - May 24, 1994 Page 4 (Public Hearing: Special Use Permit/Liquor LicensejPovlitzki, Continued) Commissioner Jovanovich stated she spoke with City Staff at Oak Grove concerning SRO. They do get a lot of families and feel a play area for the children would be beneficial. Another concern of the residents is the lights on the fields. MOTION by Dehn, Seconded by Peek, to open the public hearing at this time. Motion carried on a 5-Yes, 2-Absent (Apel, Pease) vote. 7:40 p.m. o Mr. Povlitzki stated the entire area will be fenced in, so the only way to access the fields and courts is through the restaurant/bar. He is aware of the possibility of Jay Street being extended north along the '~astern border of this property. The nearest resident will be about 700 , 'feet away. Mr. Carlberg stated he received no calls from neighboring residents, though one resident from Andover Boulevard called with a concern. Brad Povlitzki - stated liquor would be allowed on the deck, but there would be no drinking on the fields. People can come out of the bar onto the deck. Then there will be three to four steps down onto the fields, where drinks will not be allowed. He is not trying to create an atmosphere of parties. He hopes to hold national qualifying tournaments and will have softball leagues. Discussion was on the location of the existing wetland and the possible future subdivision of the property. The Commission was concerned with the ability to add other ball fields. Mr. Carlberg stated that is a permitted use on the property now. The issue is the Special Use Permit for a liquor license. Brad Povlitzki - stated he has no intention of adding other ball fields. Again, he stated the fields will be totally access controlled. They cannot get onto the fields without going through the club. He wouldn't be buying this much land, but the seller will only sell the entire parcel, not divide it for the acreage needed for the project. Paul Olson, 2041 139th Avenue NW - asked if the Commission is aware of :he Povlitzki bar in Spring Lake Park. He alleged the police are sent to that establishment regularly. Softball is played only three months a year, asking what will happen the remainder of the year. He stated a bar is not needed by the residential area. Brad Povlitzki - stated the softball season is 26 weeks. Regular Andover Planning and Zoning Commission Meeting ) Minutes - May 24, 1994 Page 5 (Public Hearing: Special Use Permit/Liguor License/Povlitzki, Continued) Richard Povlitzki, Brad's father - stated they have been in the bar business for 35 years, and he has never lost his liquor license. The intent is to run a good business. The bar in Spring Lake Park is a working man's bar, a construction bar. This will have more'of a family atmosphere like Applebee's or Champs and will sell food. People cannot come in except through the front door. All lights will face the highway, and there will be buffering with the trees. If they could have purchased just the southern portion of the property, the residents to the northwest would not have received notice of this hearing because it is beyond the limits set out in the ordinance. He did not understand the complaints. . Commissioner Dehn was extremely concerned about the increased traffic onto Bunker Lake Boulevard that this establishment will produce. Mr, Carlberg explained right now the access would be directly onto Bunker Lake Boulevard. If Jay Street is constructed in the future, that access probably should be changed to Jay Street; and if traffic meets warrants, the county would install traffic lights at Jay and Bunker Lake Boulevard. Also, Bunker Lake Boulevard is a county road that is \expected to be updated to four lanes in the future; and this area is )zoned for commercial uses. He did not feel it is a large issue at this time. The Commission asked if these ball fields would compete with the City parks. Mr. Carlberg didn't believe so, as there is a shortage of ball fields in the City. This is a controlled league environment and a private endeavor which will not compete with the other athletic activities in the City. He then provided a copy of the site plan of the proposal for the Commission to view. The fencing will be reviewed as a part of the commercial site plan. Commissioner Dehn asked how many times per month on the average would this facility require police calls. How many times do the police have to respond at the White Bear Lake facility? With the City contracting with Anoka County for police protection, she was concerned with overstressing the existing police force and jeopardizing the current police service. Brad Povlitzki - stated some Councilmembers were apprehensive about the proposal until they visited Village Inn in White Bear Lake. It is a fabulous place to eat and to watch games. He did not know the police demands at Village Inn, but they rarely have to call the police at their place in Spring Lake Park. Many of the calls are domestic over which they have no control. Mr. Carlberg stated the City pays for the number 'of hours of police coverage, not for the number of calls to which the IDeputies respond. He had no way of knowing whether this will require the City to increase the amount of police protection in the City, but the cost of the liquor license is $3,500, plus $500 for the background check, plus annual renewal, which should cover some of the additional police coverage if needed. Regular Andover Planning and Zoning Commission Meeting , ~~inutes - May 24, 1994 Page 6 (Public Hearing: Special Use Permit/Liquor License/Povlitzki, Continued) Richard Povlitzki - added plus their taxes are high because there will be a lot of revenue coming in. Mr. Olson - was concerned with having a bar in Andover, especially near where he lives. He stated a bar is not needed out here. Mr. Carlberg stated there are no restaurant/bar facilities in the City of Andover. Mr. Olson - stated it would take very little to cross the wetland. He predicted there would be a road coming back there connecting with l39th Avenue. With all the small children in the neighborhood, tha~ would be a problem. He never saw a family atmosphere in a bar, tha~ people do not bring their children to a bar. He has been to Povlitzki's bar in Spring Lake Park and enjoyed it; but putting such a building 500 feet from the residential area creates a noise factor. He does not want to listen to people yelling and screaming until 10: 30 every night and people racing down Bunker Lake Boulevard at 1 o'clock when they leave the place, especially since they just got the motor bikes out of there. He suggested the Commission talk to the people at Spring Lake Park, the police and the City Council, to see what kind of atmosphere there is at ~hat establishment. He stated this is not a business district here. -Mr. Carlberg disputed the last statement, as the area is zoned General Business, with an industrial area to the south and Anoka Auto Wrecking to the east. The only portion that is not commercial is to the northwest, which is about 700 feet from the location of this proposed facility. Chairperson Squires noted there has to be a line where the residential area ends and the commercial district backs up to it. However, in this case, he is hearing that there are no plans to put the proposed use anywhere near the residential district. In response to questions from the Commission, the Povlitzki's stated they will serve food throughout the entire place. The seating capacity would be between 196 and 226, and they hope to generate up to 400 customers per day. Bill Hupp, 13-year resident on Andover Boulevard - stated his parents owned a bar, so he comes from a bar background and grew up in that atmosphere, He was concerned with the kind of clientele that this facility would bring to Andover. There are some very nice homes in the vicinity, the Hills of Bunker Lake and around his neighborhood. The sports oriented clientele is generally the younger, more aggressive cliental that can create a lot of problems and may not be desirable. It could create a situation for increased incidents of disobedience, vandalism, etc. He is not opposed to liquor as long as it is handled properly. While it is nice to have the additional business and revenue for the City, it is also nice to have something conducive for the entire -community; and he cautioned the Commission to be careful .in that respect. Bloomington has an ordinance that regulates the amount of food service that must be maintained throughout the year so they are not catering to the two-for-one promotions for drinks which encourages the clientele to get drunk. Regular Andover Planning and Zoning Commission Meeting /~inutes - May 24, 1994 Page 7 (Public Hearing: Special Use Permit/Liquor License/Povlitzki, Continued) Mr. Hupp questioned the draw of families to facilities that have ball fields as its draw, that people are not going to bring their children to that type of establishment. He noted the City has many ball parks and expressed concern with the noise factor. He was opposed to the scenario' of 500 people at the ball fields with a two-for-one drink promotion. Again, he cautioned not to act too quickly, that it is not in the community's best interest to draw a lot of kids from different areas. He thought food service should be the top priority to have a real nice restaurant. What does the community want? Richard Povlitzki - is familiar with Mr. Hupp'S family estaplishments which do not sell food, and refuted their business ability, alleging they do not know how to run a bar. Brad Povlitzki - stated the Hupp's run a different type of bar than what is being proposed. Commissioner Jovanovich stated in her experience as a waitress, she has seen a difference in the attitude of clientele of the sports enthusiasts versus a family atmosphere. The language and ,attitude changes with the sports enthusiasts, and families do not want to be around them. Mr. Carlberg explained the City can establish /conditions when issuing the Special Use Permit; and if those conditions are not being followed, there is a process to revoke the Permit. He again noted the facility itself is a permitted use and is not a part of the consideration this evening, only the Permit for the liquor license. He is hearing tonight that management is the whole key to the operation of the facility. If it is run like the Village Inn restaurant/bar in White Bear Lake, there should be no problem. If it is run like the SRO in Oak Grove, that probably is not what Andover wants. That is why the City has the ability to establish conditions on the Permit. There are ordinances to deal with noise, etc., to protect the residents as much as possible. Commissioner Dehn asked if the applicant would consider a playground area for the children in the fenced area. Brad Povlitzki - didn't think so. He is providing a restaurant for them. Otherwise, it is a bar facility. He doesn't babysit the children; parents will have to take care of them. Mr. Olson - was concerned with the noise, asking about bands and concerts. Richard Povlitzki - stated most cities require a Special Use Permit to have concerts. They would even need permits to have special signs. Brad Povlitzki - hasn't decided about live entertainment. There might 'be some at some time in the future. Right now he will be promoting the / softball, hoping to build up the clientele. Some places do play softball in the winter. Richard Povlitzki - does not intend to put in a dance floor from the start; but they are investing $1.5 million and will need to do something to make it successful. Regular Andover Planning and Zoning Commission Meeting 'Minutes - May 24, 1994 / Page 8 (Public Hearing: Special Use Permit/Liquor License/Povlitzki, Continued) Mr. Olson - stated they are talking about 400 customers. If this is approved, he alleged the people of Andover will know each of the Commissioners by name. They came out to Andover to raise their children, not to live next to a bar. Richard Povlitzki - stated they will keep all of the woods they can as a screen. MOTION by Dehn, Seconded by Jovanovich, to close the public hearing. Motion carried on as-Yes, 2-Absent (Apel, Pease) vote. 8:22.p.m. Commissioner Peek was concerned with ,the location of the facility. The other two liquor license requests in .the past were located totally separate from the residential area. He did not think it was appropriate for the entire site to be developed. The only way he could support this is to add stipulations and conditions as a part of the Special. Use Permit to limit the development to the southeast quadrant of the site and put limitations on the development in the northwest corner to safeguard against disturbing the residents. There is a natural feature '.that functions as a buffer, and he would like to see that maintained. /It is difficult to mandate the type of management or the type of operat~on in a Permit, but he wants to make sure the conditions are the sale of liquor would be inside the building and that no kegs would be allowed on the softball fields. The area of service should be mandated and controlled, Commissioner Jovanovich was concerned with how the liquor license would affect the police department. Commissioner Dehn agreed with Commissioner Peek, especially on noise regulations and the buffering of the residential area. Even though there is a large tree and vegetative area there, she is still concerned with the residential area. She would probably agree with limiting to the southeast quadrant; but her greatest concern is the traffic on Bunker Lake Boulevard. There is a lot of traffic and speeding there now; and adding another 400 to 500 cars daily to that area that does not have a signal is a great cause of concern. She would be more at ease if the intersection was signalized. Commissioner Putnam also agreed the Permit should be limited to the southeast quarter of the parcel and that the buffer to the residential area should be maintained. He too was concerned with the traffic on Bunker Lake Boulevard, noting there is no guarantee when the county will upgrade it to four lanes. Finally, he questioned the added load on the police force that this establishment may bring. He likened this to BeeBop in Blaine, which has an atmosphere of a place to take the 'children and which he found acceptable / Chairperson Squires stated there is a consensus on the potential problems, and the issue is whether those are reasons for denial or can conditions and contingencies be added to the Permit with the recommendation for approval. In further Commission discussion, it was suggested the applicant look at a PUD or subdivision of the property or Regular Andover Planning and Zoning Commission Meeting '~inutes - May 24, 1994 / Page 9 (Public Hearing: Special Use Permit/Liquor License/Povlitzki, Continued) that the item be tabled to allow Staff and the applicant to look at subdivision and/or writing conditions into the Permit. Mr. Carlberg noted subdivision would take a number of months, and the request is not for a subdivision but for a Special Use Permit for a liquor license. A contingency can be added that with any future subdivision, the liquor license would stay with the restaurant/bar facility only. Richard Povlitzki - stated the option on the purchase agreement runs out in lO to 15 days. In addressing the traffic concerns, Mr. Carlberg noted no Permit has ever been denied based on traffic. This is a commercial use in a commercial area, and commercial traffic will be generated on that road. It is anticipated that improvements will be needed on Bunker Lake Boulevard in the future. Chairperson Squires noted this will mean everybody spilling out on Bunker Lake Boulevard at 1 a.m. every day, but a different use would have more metered traffic. Mayor Jack McKelvey addressed some of the concerns of the Commissioners. In visiting the Village Inn establishment two times, he had an opportunity to talk with the owner and the manager. That business has only one ball field, with the fence backing right up to the 7esidential area. They do not have any problems with their neighbors. "It is a very nice place and managed totally different than the SRO. In this i~stance the nearest resident is over 700 feet away. In the other two instances when liquor licenses were being considered, the residential area was considerably closer than in this case. Right now the police respond to an average of 4 1/2 calls per shift. When he was a policeman in Minneapolis, they averaged 26 calls per shift. He did not consider Andover's deputies overworked, and he didn't think this will overstress the law enforcement. Mayor McKelvey went on that the City of Oak Grove is about to pull the license from the SRO because they allow people to carry alcohol to the fields, plus they are running the games and leaving the lights on past lO:30 p.m. The Council does have the control to pull the Permit if there are violations to it. Mr. Olson - asked questions about where the Mayor lived and worked, expressing great frustration over the items brought up by the Mayor. Mayor McKelvey - was of the opinion that the residents of Andover would like to see a nice bar in the City. In addition, with the construction of Commercial Boulevard and the future Jay Street, the traffic will be pulled away from Bunker Lake Boulevard. The bus traffic, specifically, will access to the south once Commercial Boulevard is completed. And he didn't think there was any other place in the City where it would be further away from the residential area. ~he Commission continued to deliberate on whether they can adequately ,qrite the contingencies to the Permit and recommend approval this evening or whether it should be tabled for Staff to meet with the applicant and recommend those contingencies based on the discussions this evening. Several Commissions appreciated the Mayor's response to the law enforcement question and were no longer as concerned about that issue. ,Regular Andover Planning and Zoning Commission Meeting , /Minutes - May 24, 1994 Page 10 (Public Hearing: Special Use Permit/Liquor License/Povlitzki, Continued) Mr. Carlberg stated if the Commission wishes to limit the Permit to the southeast quadrant, he would write the legal description prior to the City Council hearing the request. That won't prevent them for adding another ballfield or two, because that is a permitted use; but it would eliminate liquor from any other area of the parcel, He too noted if the applicant could acquire only the portion of the acreage needed for this facility, the residential property would not have been notified because it would be beyond the distance needed for notification. MOTION by Peek, Seconded by Putnam, to forward the attached ~esolution to the City Council and recommend for approval with the. following conditions: Number land 2 to stay as is. Add Number 3, which would be the Special Use Permit for on-sale liquor shall be limited to the southeast quadrant of the site based on'legal description developed by Staff to be presented to the City Council. Number 4, liquor sales and consumption shall be limited to the building interior and deck; Number 5, Special Use Permit is contingent on application and obtaining liquor license. VOTE ON MOTION: YES-Peek, Putnam, Squires; NO-Dehn, Jovanovich; ABSENT: /Apel, Pease. Motion carried. Commissioner Dehn was still concerned with the traffic issue. Commissioner Jovanovich still had concerns with the police and traffic issues. This will be placed on the June 7, 1994, City Council agenda. 8:51 p.m. OTHER BUSINESS Home Occupation Ordinance - Mr. Carlberg reported the City Council's agreement with the Commission's concern that the City is going beyond the intent of repair services and similar uses when allowing the small manufacturing businesses of making garage doors, woodworking, etc. They recommended the Commission scale back and look at home occupations in accessory buildings as specifically defined in the ordinance. They may have to look at the ordinance and clarify it more; but those Permits already approved would not be revoked. He will have legal counsel determine the process so the City doesn't jeopardize its standing on this matter. MOTION by Dehn, Seconded by Putnam, to adjourn. Motion carried on a 5- Yes, 2-Absent (Apel, Pease) vote. The meeting adjourned at a:55 p.m. , submitted, Secretary CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , ) " DATE: lanuary 6. 1998 AGENDA SECTION ORIGINATING DEPARTMENT Discussion Item Administration Richard Fursman ITEM NO. IS-. Set Date for Review of Administrator REQUEST: The city council is requested to set a date for the Administrator's review, The first or second meeting in February, one hour before the regular meeting is suggested, The review is closed to the public. FEBRUARY S M T W T F S 1 2 J 4 5 6 7 / 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , I , ,I DATE: January 6,1998 ITEM NO. It::" Schedule Interviews/ Park and Recreation Commission ORIGINATING DEPARTMENT Todd Haas, ,- Parks Coordinator AGENDA SECTION Staff, Committees, Commissions The City Council is requested to schedule interviews for the vacancy on the Park and Recreation Commission, The Park and Recreation Commission at their December 18, 1997 meeting made a motion (see attached) to schedule the interviews in February 1998 so that a full council is present. If the City Council agrees, then the interviews would be scheduled at 6:15 P,M" Tuesday, February 3, 1998, " , ) , ./ . \ , ) " '/ Regular Andover Park and Recreation Commission Meeting lv/inutes - December 18, 1997 Page 5 " (Chairman's Report, Continued) Reappointments - Chairperson O'Toole reported the Council reappointed Commissioners Anderson and Kieffer, but did not reappointed Commissioner Grabowski because the Mayor had some objection. He recommended the Park and Recreation Commission make a recommendation to the Council to support Commissioner Grabowski's reappointment. There was unanimous agreement that Commissioner Grabowski's knowledge and dedication are a valuable asset to the Commission, It was also suggested that the Commission ask the Council to hold the interviews for the vacant position in February when there will be a full Council. 1.M otion by Blackstad, Seconded by O'Toole, to recommend the Council hold those interviews in February when they will have a full Council. Motion carned on a 6-Yes, l-Abstain (Grabowski) vote, . Mr. Haas stated he will bring that recommendation to the January 6 Council meeting. Commissioner Lindahl agreed to draft a letter on City letterhead to the City Council in support of Commissioner Grabowski to be signed by all of the Commissioners. Players' benches at Oak View A.ofiddle School - Commissioner Kieffer suggested the school district be contacted now regarding the need for players' benches at the fields at Oak View Middle School. He felt it is a safety issue and needs to be pursued aggressively. Mr. Starr stated trash cans are also needed out there. City Staff is willing to construct the benches; then the school Staff can install them. Commissioner Grabowski committed the Andover Athletic Association to pay for the materials to construct the benches. Commissioner B1ac!c;tad stated he knows Tom Redmann of the school district and will discuss the issue with him. Donationfrom Ace Solid Waste - It was noted that a representative from Ace Solid Waste presented a facsimile check to the City of Andover of $955 which is to be put toward the parks. The Commission asked that a special Thank You letter be sent to Ace Solid Waste. Sunshine Parkflags - Mr. Starr stated the flags have been taken down and have been changed. Hills of Bunker Lake East - Mr. Haas suggested that prior to the next meeting, he will invite the neighborhood of Hills 5th to view the proposed playground equipment for the park to get their input. It would simply be an informational meeting. TheTommission agreed. Motion by Barringer, Seconded by Blackstad, to adjourn. Motion carried unanimously. The meeting adjourned at 9:06 p.m. ~P~~t ~a~lIa A. Peach, Recordmf Secre ary CITY OF ANDOVER REQUEST FOR COUNCIL ACTION I DATE: January 6, 1998 AGENDA SECTION Staff, Committees, Commissions ORIGINATING DEPARTMENT ITEM NO, /7. Appoint Chairman! Park and Recreation Commission Todd Haas, ~ Parks Coordinator The City Council is requested to appoint a Chairman for 1998. As you recall, a new Chairman is selected each year. This gives everyone an opportunity to chair the meetings, We would recommend that Jeff Kieffer be appointed Chairman and Dave Blackstad as Vice Chairman, Jeff was Chairman quite a few years ago, Dave is relatively new to the commission and being Vice Chairman would help him learn the roll of being Chairman if that opportunity becomes available, PARK AND RECREATION COMMISSION (3 year terms) . / CHAIRMAN (1997) David O'Toole 13429 Jonquil St. NW Andover, MN 55304 H-427 -5976 Term Expires 12/31/99 COMMISSIONERS Brian Barringer 2938 -142nd Ave. NW Andover, MN 55304 H-755-0669 W-379-4900 Term Expires 12/31/98 Tom Anderson 1269 - 148th Ln. NW Andover, MN 55304 H-434-8941 W-337 -5446 Term Expires 12/31/00 PACKETS: AGENDA TODD HAAS FRANK STONE JEFF KIEFFER TOM ANDERSON DAVID O'TOOLE DAVE BLACKSTAD JIM LINDAHL RECORDING SECRETARY NANCY KNOP KEVIN STARR BRIAN BARRINGER . / Jeff Kieffer 3975 -149th Ave. NW Andover, MN 55304 H-427-4668 W-397-6684 Fax # 341-7750 Term Expires 12/31/00 * TODD HAAS H-754-1009 Jim Lindahl 17275 Tulip St. NW Andover, MN 55304 H-753-3449 W-323-6700 Term Expires 12/31/98 Dave Blackstad 14349 Vintage St. NW Andover, MN 55304 H-427 -4927 W-550-1334 Term Expires 12/31/99 Vacant Term Expires 12/31/00 RECORDING SECRETARY Marcie Peach 15830 University Ave. NW Andover, MN 55304 H-434-9358 , I (Revised 12/30/97) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION J DATE: January 6, 1998 AGENDA SECTION Staff, Committees, Commissions ITEM NO, i'iS, Discuss Adult Softball Tournament Application Form ORIGINATING DEPARTMENT Todd Haas,/ Parks Coordinator The City Council is requested to review and comment on the proposed Adult Softball Tournament application form as requested by the Park and Recreation Commission, The Commission reviewed the application at their meeting of December 18, 1997 and have made the following comments on the attached meeting minutes. Note: The Commission consensus on the required Anoka County Sheriffs Department to be on duty during the hours of the tournament was to leave that provision on the form as is. The comments made by the City Council will be brought back to the Park and Recreation \ Commission for their review at the January 15, 1998 meeting. ) , / ADULT SOFTBALL TOURNAMENT APPLICATION FORM (Please print or type all information) / NAME OF TOURNAMENT: TOURNAMENT SPONSOR: TOURNAMENT DIRECTOR: Check here if organization is located in Andover D TOURNAMENT ORGANIZATION: ORGANIZATION'S PHONE: (home) (office) ORGANIZATION'S ADDRESS: DATES OF TOURNAMENT: PARK USAGE AND FEES CHECK ALL BOXES FOR FACILITIES AND EQUIPMENT TO BE USED / 1. City Hall Park Complex #1 D Diamond No. 1 $150.00 per field (no maintenance) D Diamond NO.2 $300.00 per field (maintenance) D Diamond No, 3 D Diamond NO.4 2, Sunshine Park D Diamond NO.5 $150,00 per field (no maintenance) D Diamond No, 6 $300.00 per field (maintenance) D Diamond No. 7 D Diamond No.8 Note: If your organization schedules 2 fields and uses additional fields the organization will be charged double the fee for each additional field plus an administration fee of 10%. Note: The Tournament Director will be required to pay for an Anoka County Sheriff's Deputy during the hours of the tournament at a base hourly rate. A copy of a letter of acknowledgment from the Anoka County Sheriffs Department must be attached to this tournament application. Note: Check box if tournament entry fee is required. D Tournament entry fee per team RENTAL OF EQUIPMENT FOR TOURNAMENT I D Limer $3.00 per tournament D Lime - No. of bags $3.50 per bag D Drag $1,50 per tournament D Hose & nozzle $1.50 per tournament D Batter's box $1.50 per tournament No applications will be accepted before January 3rd and they will be processed on a first-come, first- served basis. / All requests for tournaments MUST be made before accepted between Januarv 3rd and March 1 st so that requests may be considered by the Park and Recreation Commission meeting which is the third Thursday of March. The seauencina of schedulina will be considered in Citv Youth Associations as first prioritv. All fees must be submitted with this complete application. A $500.00 deposit (or $250.00 deposit fee for non-profit organizations) is due four weeks before the tournament date at the time of the application, Any equipment damaged or lost by renter will be deducted from deposit fee. The $500.00 (or the $250,00), less any money for damages, will be returned after inspection by the Public Works Parks Foreman Supervisor. NON-INTOXICATING LIQUOR LICENSE - Applications for Non-intoxicating Liquor License must be included with this tournament application, The fee for a tournament Non-intoxicating Liquor License is $25.00. The application must be made out by a specific person (such as the Tournament Organization) and this person must be a resident of the City of Andover and affiliated with an Andover league team or local organization, The application for the Non-intoxicating Liquor License will be sent to the City Council and you will be contacted by the City Clerk if the license has been approved. DRAM SHOP INSURANCE - Minnesota Chapter 340 requires the municipalities verify Dram Shop coverage for the sale of non-intoxicating malt beverages. The Minnesota Recreational Sports Federation, which sanctions softball tournaments, has a blanket Dram Shop insurance coverage for all sanctioned tournaments. A copy of this insurance must be provided to the City with the application. / The City Council has adopted the following refund policy: "Fees for tournaments shall be paid no later than eight weeks prior to the tournament date. tf--tI:le tournament is oanClelleEl ul'l to eight weeks prior to the date of the tournament, ORe half of the Park Usage Fee and Non intoxioating Liquor Lioense Fee will be returned. If the tournament is cancelled, 'A'ithin eight weeks of the tournament, neither the Park Usage Fee nor the Non-intoxicating Liquor License Fee will be returned. In the event that another sponsor requests the use of the facilities after a tournament has been cancelled, the new sponsor must pay the full amount and the original sponsor will be refunded the total minus any administrative costs incurred by the City." If further information is needed, please contact the Parks Coordinator at 755-5100. Application forms may be obtained from and returned to the City of Andover, Park and Recreation Commission, 1685 Crosstown Boulevard NW, Andover, MN 55304. * The City reserves the right to cancel or delay usage of the fields due to weather, field conditions, etc. Attached is Ordinance No, 229 NO METAL SPIKES NO PETS NO ALCOHOL / DATE TOURNAMENT DIRECTOR (signature) ballapp1.doc Regular Andover Park and Recreation Commission ,I"feeting lviiI/utes - December 18, 1997 Page 3 " (1998 Park Capital Improvement Budget, Continued) The Commission questioned the age group in Green Acres Park. It was determined that there are several day cares in the neighborhood, plus there are many smaller children of the families who come to watch the youth leagues. Mr. Starr stated they have doubled the size of the parking lot in Green Acres Park, and there is no more room to expand, The Commission talked about whether just the driveway or the entire parking lot in Oak Bluff Park should be done, It was felt that the entire parking lot should be considered because of the erosion unless funds become an issue. Chairperson O'Toole noted nothing is being proposed for Sunshine Park. Mr. Haas felt that can be considered once the final costs are known for the proposed projects. If there are additional funds, they could be used for Sunshine Park. lvlotion by Blackstad, Seconded by Kieffer, to approve the 1998 Park Capital Improvement Budget as proposed. Motion carried unanimously. ) REVIEW ADULT SOFTBALL TOURNAMENT APPLICATION FORM " The Commission reviewed the Adult Softball Tournament Application Form and made the following comments and recommendations: Require an Anoka County Sheriff's Deputy to be on duty during the hours of the tournament - The consensus was to leave that provision on the form as is. Options were discussed such as having a Community Service Officer parol, though they are not able to issue tickets; have the City hire a security person and charge it back to the organization; or simply notifying the Sheriff's Office when a tournament is being held so the Deputies will patrol it. It was felt that unless a uniformed officer is present and walking the grounds, just having a Sheriff's car patrol isn't much of a deterrent for liquor consumption, etc. Relltal of Equipmentfor Tournamellt - The Commission asked that the entire rental section be placed on the first page. Accepting applications - The Commission asked Mr. Haas to change the wording in the first paragraph after the rental of equipment to reflect that applications will be accepted between January 3 and March 1 and that the sequencing of scheduling will consider in-City youth associations as first priority. Timingfor deposit and cancellations - The Commission agreeJ that there would be no refund for canceled tournaments and that the deposit should be paid at the time the application is submitted. / Regular Andover Park and Recreation Commission Meeting lv/inures - December 18, 1997 Page -I (Review Adult Softball Tournament Application Form, Continued) Page 2, third paragraph, to read: "A $500 damage deposit (or $250 deposit fee for non-profit organizations) is due at the time of the application. Any equip:nent damaged or lost by renter will be deducted from deposit tee. The $500 (or the $250), less any money for damages, \Nill be returned after inspection by the Parks Foreman." Reword the refund policy: "Fees for tournaments shall be paid no later than eight weeks prior to the tournament date. If the tournament is canceled, neither the Park Usage Fee nor the Non-intoxicating Liquor license Fee will be returned......" Mr. Haas stated he will bring those changes to the City Council for their review. RECOMMEND 1998 USER FEES/FIELD AND RINK USE Mr. Haas and Mr. Starr did not see a need to change any of the fees for 1998. . / Motion by Blackstad, Seconded by Barringer, to recommend the user fees for 1998 as presented. Motion carried unanimously, REnEW ISSUES LIST Mr. Haas stated he has not yet compiled a list of issues that must be dealt with, though some items that need attention are the people mowing in the Redwood Park and a follow up on the fence issue in the park in the Hills of Bunker Lake, He stated he will have a list for the Commission for the next meeting, CHAIRMAN'S REPORT Noise OrdiJUlllce - It was noted the Planning Commission is recommending the Noise Ordinance be rewritten to set specific decibel levels. Commissioner Grabowski felt it will be very difficult for anyone to meet those types of readings after 10 o'clock. Trails - Mr. Haas reported the Council approved the quote to have the survey work done for the trails along Hanson Boulevard and Crosstown Boulevard plus those alternates in the Hills of Bunker Lake area. That survey work should be done soon, CITY OF ANDOVER REQUEST FOR COUNCIL ACTION / DATE January 6,1998 AGENDA SECTION Non-Discussion ORIGINATING DEPARTMENT Finance ~\J"" Jean D, McGann lITEM NO. I '-I . Establish Fund Reservations from 1997 Budget REQUEST The Andover City Council is requested to reserve the following moneys from the 1997 budget to be expended in 1998, , 1. General Fund: Public Works: $75,398.20 / Mr. Frank Stone has made this request in order to complete the following projects in 1998, A. $20,000,00; Office furnishing for new Public Works Building B. $34,398,20; Gas Direct - Fired Air Make-Up Unit (approved 9-2-97) C. $2,000,00; Labor for hand cleaning carbon monoxide and diesel soot from ceiling D. $19,000.00; Toro Ground - Master Mower with Sweeper and Roll Bar (approved at budget meeting) 2. General Fund; Streets and Highways; $25,000 Mr, Ray Sowada is requesting to carry over these funds from the Street and Highway budget for 1998 expenditures, 3. General Fund; Sign Department; $12,736.00 Mr. Ray Sowada is requesting to carry over these funds from the Sign Department for material sign material purchases in 1998, 4. Economic Development Authority; $2,000.00 Mr. David Carlberg is requesting to carry over these funds from the Economic Development Authority for publishing expenditures. 'I. ,/ 5. General Fund; Parks; $25,100.00 Mr, Todd Haas is requesting to carry over these funds for uncompleted 1997 projects 6. General Fund; Data Processing; $6,500.00 I am requesting to carry over these funds for a computer networking project that was not completed in 1997, This project will enable public works and city hall to communicate efficiently and effectively, It will also provide a more secure environment for all data files and records, ,/ 7. General Fund; Engineering; $2,300.00 Mr, Scott Erickson is requesting to carry over these funds to purchase a computer for the new engineer in 1998, 8. Sewer Fund; Sanitary Sewer Collection and Administration; $33,200.00 Mr. Brian Kraabel is requesting to carry over these funds for future maintenance on the sewer system. A. MaintenancelRepairs $29,000,00 B, Capital Purchases 4,200,00 9. Water Fund; Source, Distribution and Administration; $73,700.00 Mr. Brian Kraabel is requesting to carry over these funds for the following: A. Water Tower Maintenance $57,300.00 B. Capital Purchases 16,400.00 10. PIR Fund; Overlays; $76,700.00 Mr. Frank Stone and Mr, Scott Erickson have requested to carry forward dollars for overlays that were not able to be completed in 1997, This money will be expended in the spring of 1998, , 11. / General Fund; Storm Sewer; $16,200.00 Mr. Brian Kraabel is requesting to carry over these funds for the following: A. Storm Sewer Maintenance $ 8,300,00 B. Capital Purchases 7,900,00 12. Trust and Agency; Risk Management; $5,000.00 I am requesting to carry forward these moneys for the Health and Wellness program. This money was approved in the 1997 budget process and time ran out to get a program implemented, Following this summary are copies of memorandums received from department heads and supervisors making the requests, These moneys will be transferred to the Capital Equipment Reserve Fund for expenditure in 1997. .'. " \ ./ -""""'.,-,.., ~/~-. >-""h~,~.. " . - s ... f .l.. / - .-~' --==:::-7~~;";'" To: Date: From: Subject: Copy: CITY of ANDOVER Jean McGann December 15, ~7 Frank Stone ~ 1997 Carryovers for the Public Works Division File We request the following carryovers from the 1997 Budget: · $20,000 from Budget 101-41960-570 for office furnishings for the new Public Works Addition. We cannot purchase all the necessary furnishings before the end of 1997 due to the delay in the construction phase and storage option limitations. · $34,398,20 from Budget 101-41960-402 for the installation of a Gas Direct-Fired Air Make-up Unit in the existing Public Works Garage. The payment to Ancom Communications, Inc. for (6) six CI00 Command Series Motorola Desktop Low Band City Radios. These items were approved by Mayor and Council on September 2, 1997. , · $2,000 in the Public Works Building Budget line item 101-41960-401 for 'labor of ./ hand cleaning carbon monoxide and diesel fuel soot from the ceiling in the existing Public Works Garage. This work will not be completed by the end of the year. · $19,000 of 1997 Excess Funds for a Toro Grounds-Master Mower with Sweeper and Roll Bar as per Capital Outlay Requests in the 1998 Budget. Total amount of carryovers requested from the 1997 budget is $75,398.20 Please review the supplemental sheets attached and call me concerning any questions you may have regarding these carryovers, , J . ; . /"'" fa- .3- T Ec1f~ Ic.flL /dllJ../ ~. & 7:.* :5/. HPr:ST I AJt!:;t5 I /'I)A.J SSC33 PROPOSAL SUBMITTED TO: C '-1"1 I I I PAGE NO. lDATE V.f:C- &rClVe ~"O, ~ ADDRESS I I CITY/STATE/ZIP i \. 1 /0,11'17 OF 1.. PAGES AJ (PHONE 755 _ ~II ~' tr We hereby submit specifications and estimates for: CeLJiVG C4.Ut1V1AL-: (b(;~ ~/PTf\CP7 <I $U.fPU~ L -ntP!. €1.,€C.7~t:..1i1...- I ' r Ct,u-E;.<. ~""L../CJt-L 8o)C'E-S ~ C.<.G4..u +i.oc~ tc)HE/0 DOA(~ , ) r 5<{' r ~.i :Jl:J "-' #.{ , I ~4j I.../~' ':; 1,/3'1 t 13' ,,~';: 0"0 I : " , I 5'{' if 5'3 :. -41Ga:L: I ICf'.Jr3C,' = r.gL{ I . ~I ',5,~. ~ . I . . . .-1'.30- ~''!JS~c' J , ~3 ~~ / I 72 ~ .- ,.~,.:;i.':-: l1PON (' 1""rW\.p~-nol-J We hereby propose to furnish labor and materials - complete in accorda~c.; \\ith the above specifications, for the sum of dollars (S I; 5 (;,(p - ) with payment to be made as follows. , ;\;1 marerial :s '~llarante~d :0 be J.:; ,penf:ed. .-\11 work to be completed in a '.\'OfkmanJike manner according ,0 .;tandard pr.lct:ces. .\:1Y alteraton ojr oIel'iation from :lbore -peClf:r:lt;'jr,s :nr,)h'illg extra e(Jsts will be exe,ll!ed only upon written orders. and wiil becIJme an extra ,charge O\~: .lm! above :he ":;rimate. .\:~ :lg:'e~nk:1[; r,mringenr upon ,trike~. accident;;. 'ir delay, beY')l1(] 'JlU' ':onr:rA. T!lb ;.lI."pl}~al ;llQject to lceepra;.c~ \ :[~l!1 ~ '5 (") :a';- I;lt! ::; ''''.oid :~t'!'"after ;It ~~e ')P[:"I:J.'~dt'l;;i;:,e..:, .\a,hlJrizC'11 Si;!,n;'l[,':<."~)W y<1~ <2....-- ACCEPTANCE OF PROPOSAL , / l.' ...j \," ;_ t'.1 .~ ~." . i ~ i .. ~ i t 't! l.; :1 ':" '. i:';. ,'I> l;"' ~...~'::~/. .it' '~i~":. . ;. L".. .Li.ii.:~t.(::;t~'1 -, .". ,. ::;,1;'" .i.~C~,:::-;-=D '1'.";;.; l~.. :"'. :l,"_._____ . ' ... f :..; . :. l ~ ;:'. .1 MEMORANDUM TO: Jean McGann FROM: Frank Stone DATE: August 21, 1997 ITEM: Transfer of funds / We would like to transfer $35,000.00 from the Streets and Highways Budget 101-43100-465 to the Public Works Budget 101-41960-402 for items listed below: 1. Installation of a gas direct fired air make-up unit in the old Public Works building. The Fisher Bjork Sheetmetal Company, who had the lowest bid on the public works expansion, will do the work. There will be a change order to their work total cost of $31 ,950.00. 2. Purchase six C 1 00 Command Series Motorola desktop low band city radios in the new Public Works expansion. These units will come from Ancom Communications Inc. for $2,448.20. The total for both items is $34,398.20. This will be a great help in the completion of the Public Works expansiOn. , I \ISWORD"TFRA1'OK.DOC City of Andover Budget Year 1998 Capital Outlay Requests 9/26197REQUESTS,XLS 1997 Excess Funds: :$ 40,000 ! : I Protective Inspection ,Software/Building Permit Software $ 12,000 Enaineerina . Survey Rods & Equipment 1,750 i Leasing Vehicle 5,000 I Engineering Total 6,750 Parks iToro Groundsmaster w/RolI Bar 19,000 . , Total Capital Outlay Request with 1997 Excess Funds $ 37,750 / , / Page 1 ,/ MEMORANDUM DATE: TO: FROM: RE: December 1, 1997 Jean McGann Ray Sowada rR j , Transfer of funds for Street & Highways Dept. Please transfer $25,000.00 from 101-43100-465, Streets & Highways Dept. Transfer these funds from the 1997 Budget into the 1998 Budget. Thank you. Approved by: ~~ ~u Frank Stone, Public Works Superintendent ) MEMORANDUM DATE: TO: FROM: RE: December 1, 1997 Jean McGann Ray Sawada f? ~ . Transfer of funds for Sign Department Please transfer $12,736,00 from 101-43170-210, Sign Department. Transfer these funds from the 1997 Budget into the 1998 Budget. Thank you. ,. Approved by: ~c?J~~ Frank Stone, Public Works Superintendent . / \ CITY of ANDOVER / 1685 CROSSTOWN BOULEVARD N.W, . ANDOVER, MINNESOTA 55304 . (612) 755-5100 Date: October 1, 1997 To: Jean McGann, Finance Director CC: . File From: David L. Carlberg, Community Development Director Subject: Reserve 1997 Publishing - EDA Budget Please reserve the $2,000 balance in the 1997 EDA budget for publishing account 202.41430.351 for 1998, The 1998 proposed budget reflects a $2,000 publishing budget as well, With the reserve carrying over into 1998, a $4,000 publishing budget will be available. This amount will be used to market the commercial/industrial park we are currently developing. / / . / ,. CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 MEMORANDUM TO: Jean McGann, Finance Director COPIES TO: Frank Stone, Public Works Superintendent & Park and Recreation Commission Todd J. Haas, Parks Coordinator ~ FROM: DATE: October 1, 1997 REFERENCE: 1997 Park Capital Improvement Funds -------------------------------------------------------------- -------------------------------------------------------------- . Due to the large number of projects that were done during the year 1997 and the lack of staff to complete all of them, I am requesting that all remaining unused 1997 Park Capital Improvement Funds be carried over into the 1998 Park Capital Improvement Fund as follows: . . $7,100 - City Hall Park Complex #1 - Install irrigation system for soccer field/south side of water tower $12,000 - Sunshine Park - 3 sets of bleachers for soccer fields $6,000 - Sunshine Park -:- 3 concrete pads for bleachers $25,100 Total to Carry Over · If any other funds are available, please carry those over also, If you have any questions, feel free to contact me. CITY OF AI\JDOVER REQUEST FOR COUNCIL ACTION DATE: April 15, 1997 / AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Todd J. Haas, ITEM NO. Parks Coordinator Approve Revised 1997 Park Capital Improvement Budget The City Council is requested by the Park and Recreation Commission to approve the revised 1997 Park Capital Improvement Budget as follows: · $7,500 - Oak Bluff - New Playground (ages 2-5) · $7,500 - Langseths Park - New Playground (ages 2-5) · $7,500 - Pheasant Oaks Park - New Playground (ages 2-5) · $2,200 - Sunshine Park - 2 sets of small soccer goals (previously was $4,500) ./. $ 7,100 - City Hall Park Complex # 1 - Install irrigation system for soccer field/south side of water tower ~-. $2,300 - Sunshine Park - rain gutters (remaining funds from so~cer goals) ... · $ 12,000 - Sunshine Park - 3 sets of bleachers for soccer fields /'. $6,000 - Sunshine Park - 3 concrete pads for bleachers · $2,500 - Pine Hills Park - outfield fencing for 1 baseball field · $1,500 - Pleasant Oaks - fence along west property line as recommended by Berkley Risks. · $3,900 - Sunshine Park - outside fencing for the 2 small softball fields · $2.000 Unexended 1996 Park Capital Improvements (Sunshine Park - outfield fencing for the 2 small softball fields) $62,000 TOTAL AVAILABLE ( , / MEMORANDUM DATE: TO: FROM: RE: ./ , / December 29, 1997 Jean McGann, Finance Director Scott Erickson, City Engineer Jit 1997 Budget Carryover to 199a Budget I would like to request that $2,300,00 be carried over from the 1997 Engineering budget for the purchase of a computer in 199a, The carryover would be from the equipment capital outlay, 42580. MEMORANDUM DATE: TO: FROM: RE: CC: December 30, 1997 Jean McGann, Finance Director Brian Kraabel Reallocation of Funds Frank Stone Due to some line items within the 1997 Water, Sanitary Sewer and Storm Sewer Budgets that were not totally used, I would like to carry-over and transfer some of these items, A break down by departments follows: / 602-49450 Sanitary Sewer Collection 220 - $4600 224 - $2500 303 - $8500 316 - $5000 401 - $3300 403 - $2000 404 - $2000 410 - $1000 I would like to transfer these funds to Capital Maintenance Reserve in the 1998 budget for future maintenance repairs. 602-49450-580 $4200,00 I would like the remaining balance to be carried over to the 1998 Budget for purchase of addition equipment for our trench box. 602-49490 Administration 301 - $3000 322 - $1300 / 1 I would like these line items to be carried over to the 1998 Budget. / 601- 49400 Source, Storage and Treatment 580 - $10,000 For the purchase of shelves to be used in the towers for storage, 601- 49430 Distribution 214 - $1500 220 - $1800 224 - $3000 403 - $1000 580 - Approx $4700.00 '\ 601 - 49440 Administration 301 - $14,000 406 - $12,000 499 - $24000 560 - $500 for additional furniture for the training room, 570 - $1200 for the purchase of storage cabinets for as-builts, Carry these items over to the 1998 Budget / 101 - 43150 Storm Sewer 401 - $4600 404 - $3700 580 - $7900 for the purchase of equipment for the Bobcat Carry these items over to the 1998 Budget If you would like to discuss these items with me, please call. I 2 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ , / DATE: January 6, 1998 AGENDA SECTION ORIGINATING DEPARTMENT Non-Discussion Finance ~c<' Jean D. McGann ITEM NO. ~O. Approve Utility Billine Contract REQUEST: Anoka Electric Cooperative has been performing utility billing services for the past two years, This contract is for the period of January 1, 1998 to December 31, 2000, The contract prices have not changed however, staff is requesting to add the collection services as indicated on page 5, section 4(b), This should reduce the amount of delinquent utility certifications. " The cost of this service should be approximately $800,00 per year. . J The Andover City Council is requested to review and approve the enclosed contract with Anoka Electric Cooperative for Utility billing services, / '\ i / , ) \ , ) AGREEMENT This Agreement is made on the 12th day of December, 1997 between ANOKA ELECTRIC COOPERATIVE, 14601 Ramsey Blvd., Ramsey, Minnesota 55303 ("AEC") and the CITY OF ANDOVER ("City"), 1685 Crosstown Blvd. N.W, Andover, MN. 55304, a Statutory City under the laws of the State of Minnesota. RECITALS AEC is a cooperative utility corporation furnishing electric service to its customers in a defined service territory established by the Minnesota Public Utilities Commission; AEC has developed the capability to provide billing services. City desires to engage AEC to perfonn certain billing services for services it provides to its residents, NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein, the parties agree as follows: 1. SERVICES AND CHARGES AEC shall provide the City with Basic Billing Services and make available to the City Optional Billing Services both of which type services are set forth below. The City shall pay the rates established for the Services as set forth in this Agreement. '\ \ , / , ) . , , J A. Basic Billinl! Services (1) Basic Billing Services defined. The term "Basic Billing Services" shall be defined to include: (a) The entry of new City customers onto AEC records. (b) The transfer of existing City customers onto AEC records, (c) Production of billing statements, (d) Postage and mailing of the billing statements. ( e) Response to customer billing questions. (f) Timely remittance to the City of revenues collected on behalf of the City. (g) Assessing late payment fees to accounts with a past due balance, if requested, (h) Does not include entry of IUs to rica I data. (2) Set-up Charges. (a) Subscription Fee (one time charge on new accounts): AEC Member Non-AEC Member $1.25 each $4,90 each (b) Customer Transfer (one time charge for transfers): Option No.1 (without final reading) AEC Member Non-AEC Member $1.25 each $4,90 each Option No.2 (with final reading) AEC Member Non-AEC Member $2.75 each $6.40 each 2 / (3) Cost of Producing Billing Statement: First Service AEC Member Non-AEC Member " $0.30 each $0.85 each Each Additional Service AEC Member Non-AEC Member $0.30 each $0.30 each The City shall pay as an additional charge any increases in the cost of postage above the rates in effect on the date of the Agreement for Non-AEC members only, (4) Billing Cycle. The City hereby selects the following billing cycle for use by AEC in providing these Basic Billing Services. Monthly Quarterly Annual Other as described below: 3 , \ -) " ) ./ , , , / B. Optional Services (1) Optional Services defined. For the purposes of this Agreement, the term "Optional Services" shall be defined to include: (a) Meter reading service, (b) Collection service. (2) Meter Reading Service. AEC's optional meter reading service shall include meter reading for purposes of billing, new services, transfers, verification and investigation. AEC shall not be required to provide meter reading service if there is any danger to the meter reader or the meter is not accessible on the outside of the building. AEC's meter readers shall not be required to enter a building. AEC must receive 24 hour notice to read a meter for a customer transfer. The City shall maintain its remote meter reading system in good working condition and will use its best efforts to repair any defective meter unit before the next meter reading cycle. If the remote meter reading system does not function satisfactorily or is improperly installed, AEC will not be required to read the meter, For new installations, AEC prefers that the remote pad be located by the electric meter, (3) Collection Service. AEC's optional collection servIce shall include sending disconnect notices to customers who have a 60 day balance, responding to customer inquires, calling customers who have not paid, and setting up payment arrangements. The service does not include field visits to the property, actual disconnection of service, or filing of bankruptcies. 4 \ ) \ , J " , / (4) Charges for Optional Services. Option sele'cted by City (a) Billing Statement with Meter Reading Service: ABC Member Non-ABC Member Each Additional Member Service $1. 02 each $1.58 each The City shall pay as an additional charge any increases in the cost of postage above the rates in effect on the date of this Agreement for non-ABC members. (b) Collection Services - Disconnect Letter & Telephone Collections: ABC Member Non-ABC Member $ ,05 each $ .75 each II. GENERAL CONDmONS (1) Remittance of Funds Received by AEC. ABC shall remit the funds it receives as a result of its billing services by the 10th of each month. The funds should be transmitted in a manner prescribed by the City's Finance Officer, (2) AEC Reporting and Service Requirements: ABC shall provide, to the City all standard reports, as listed below, on a timely basis at no additional cost to the City. Any other reports, seIVices, or requests will be considered as "special" and the cost of producing such special reports, services, or requests will be passed on to the City, 5 \ , / " \ , , / . , ) The following are standard reports. Billing Report - this report should be provided to the City montWy, after each billing period has been completed, This report should provide all billing detail for the current month, including a summary by service codes billed that month. Cash Receipts Report - this report should be provided to the City each time a check is disbursed, from AEC to the City, for cash receipts in a given period of time. This report should include a summary of cash received broken down by service codes. Accounts Receivable Aging Report - this report should be provided to the City at least once per month, should list an accounts by service address, and indicate current and delinquent balances for each service address. In periods of heavy activity, the City may request this report once per week, (3) Billing Services Payment. The City shan remit payment to AEC for billing services rendered within thirty (30) days after receipt of AEC's statement itemizing such services. (4) Performance by AEC. AEC agrees that it win use its best efforts to perform the Basic Services and the Optional Services if elected by City in accordance with the standards that it uses in perfonning these services for its own members, AEC's liability to the City shall be limited to its failure to comply with those standards. AEC specifically agrees that it will comply with all state statutes applicable to electric cooperatives governing the disconnection of utility services. (5) Independent Contractor. AEC is performing the services agreed to herein for the City as an independent contractor, and nothing herein shall create any association, partnership, or joint venture with the City nor any employer/employee relationship, AEC shall at all times be free to exercise initiative, judgment and discretion as to how to best perform or provide the services described herein. 6 , \, ) (6) Indemnification. (a) Indemnification. Any and all claims that arise or may arise against AEC, its agents, servants or employees as a consequence of any act or omission on the part of AEC or its agents, servants, or employees while engaged in the performance of the Agreement shall in no way be the obligation or responsibility of the City, AEC shall indemnify, hold harmless and defend the City, its officers and employees against any and all liability, loss, costs, damages, expenses, claims or actions, including attorney's fees which the City, its officers or employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any act or omission of AEC, its agents, servants or employees, in the execution, performance, or failure to adequately perform its obligations pursuant to this Agreement. (b) Mutual Indemnification. (i) Each party shall be liable for its own acts to the extent provided by law and hereby agrees to indemnify, hold harmless and defend the other, its officers and employees against any and all liability, loss, costs, damages, expenses, claims or actions, including attorney's fees which the other, its officers and employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any act or omission of the party, its agents, servants or employees, in the execution, performance, or failure to adequately perform its obligations pursuant to this Agreement. \ .J (c) Liability. (i) Each party to this Agreement shall be liable for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party, its officers, employees or agents. (ii) Liability of the City shall be governed by the provisions of the Municipal Tort Claims Act, Minn. Stat. ch, 466, and other applicable laws. \ ) 7 \ ) \ ) \ , J (7) Term. The term of this Agreement shall be for three years beginning January 1, 1998 and ending on December 31, 2000, On or before July 31, 2000, AEC shall inform the City " of any changes to the rates for the various billing services which will become effective if this Agreement is renewed, (8) Termination. Either party may tenninate this Agreement for the other party's failure to perform its obligations under this Agreement, provided that the other party has failed to cure any failures to perform its obligations after having received thirty (30) days written notice identifying a failure to perform. (9) Transfer of Records. Upon the expiration of the term of this Agreement, or sooner, tennination of this Agreement pursuant to paragraph II(5) above, AEC will make available to City, at AEC's expense, its records and data collected in the performance of this Agreement so as to enable the City or any subsequent contractor to perform the Services described herein. The records and data described herein shall be in the form of computer software and/or hard copies. (10) Unlawful Discrimination Prohibited. AEC agrees to comply with all federal, state and local laws, ordinances, rules, regulations and executive orders pertaining to unlawful discrimination on account of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability or age. (11) Sole Agreement. This Agreement constitutes the sole agreement between the parties, and no amendment, modification, or waiver of any of the terms and conditions shall be valid unless in writing, 8 "1 , / (12) Governing Law. This Agreement shall be governed by and construed In accordance with the laws of the State of Minnesota. " IN WITNESS WHEREOF, the parties have executed this Agreement on the date first written above. CITY OF ANDOVER ANOKA ELECTRIC COOPERATIVE By: By: It~uf({1~ Its , '. / ATTEST: I"it~~.--r- By: By: Its RodIwordlAgr-Nv97 , , J 9 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION " ,I DATE: January 6. 1998 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT ITEM NO, ~I. Approve Final PaymenU95-14/ Crooked Lake Boulevard NW Scott EricksonJ)l. Engineering The City Council is requested to approve the resolution accepting work and directing final payment for Project 95-14, for Crooked Lake Boulevard NW. '. / , ) \ " '. / " / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO, MOTION by Councilmember to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO FOREST LAKE CONTRACTING, INC, FOR PROJECT NO. 95-14 FOR THE IMPROVEMENT OF CROOKED LAKE BLVD. NW, WHEREAS, pursuant to a written contract signed with the City of Andover on _ June 17 , 19 97 , Forest Lake Contractinq, Inc, of Forest Lake. MN. has satisfactorily completed the construction in accordance with such contract. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota that the work completed is hereby accepted and approved; and BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment, reimbursing the contractor's receipt in full. MOTION seconded by Councilmember and adopted by the City Council at a reqular meeting this 6th day of Januarv , 19~, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was passed, CITY OF ANDOVER ATIEST: J,E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ J DATE: January 6, 1998 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT ITEM NO. d..~' Approve Final Payment/97-38/ Old is Gold/14056 Raven Street NW Scott Erickson,~( Engineering The City Council is requested to approve the resolution accepting work and directing final payment for Project 97-38, for 14056 Raven Street NW, . / , , ) \ , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, MOTION by Councilmember to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO OLD IS GOLD. INC, FOR PROJECT NO, 97-38 FOR THE IMPROVEMENT OF 14056 RAVEN STREET NW. WHEREAS, pursuant to a written contract signed with the City of Andover on _ October 21 . 19 97 , Old is Gold, Inc. of Andover. MN has satisfactorily completed the construction in accordance with such contract. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota that the work completed is hereby accepted and approved; and / BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment, reimbursing the contractor's receipt in full. MOTION seconded by Councilmember and adopted by the City Council at a reqular meeting this 6th day of January , 19~, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: J,E. McKelvey - Mayor Victoria Volk - City Clerk J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION / DATE: lanuary 6. 1998 AGENDA SECTION Non-discussion ORIGINATING DEPARTMENT ITEM NO. ;2..3. Approve Final Plat Chesterton Commons Second Addition Planning David L. Carlberg Community Development Director The City Council has been requested by Ashford Development Corporation to approve the resolution approving the final plat for the Chesterton Commons Second Addition development project. The final plat is found to be in compliance with the preliminary plat. It is recommended that the final plat be approved subject to the following stipulations: 7. 8, 9. 10. 11, 12. 13, " ) 14, 1. City Attorney presenting a favorable title opinion. 2. Security to cover legal, engineering, street sign and installation costs to be determined by the City Engineer. 3. The developer escrow for the uncompleted grading of this site which is to be determined by the City Engineer or if the site is completed, a letter from the developer's engineer that lots and streets are graded according to the grading plan submitted and approved or any revisions thereof. / 4. Street light costs to be paid to Anoka Electric Cooperative. Costs to be determined by Anoka Electric Cooperative. 5. The final plat not be signed by the Mayor and Clerk until there is an executed Development Contract, escrow paid (15% of the total costs for the improvements for the property {streets, utilities, etc.}), 6, Receipt of all necessary drainage and utility easements, within and outside that plat, if necessary as determined by the City. This includes the easements along Hanson Boulevard NW. Developer is responsible to obtain all permits from U.S. Army Corps of Engineers, DNR, LGU, CCWD, MPCA and any other agency that may be interested in the site. Park Dedication as recommended by the Park & Recreation Commission as determined by Ordinance No, 10, Section 9.07. Bikeway/walkway to be constructed along Hanson Blvd, NW. The developer shall pay 50% of the cost and the City shall pay 50% of the cost. All outstanding comments from Scott Erickson, City Engineer and Todd Haas, Assistant City Engineer shall be addressed. Contingent on staff review and approval for compliance with City ordinances, policies & guidelines. Variances as listed on the attached resolution, approved as a part of the preliminary plat. Construction of temporary cul-de-sacs as deemed necessary by the City if Cambridge Estates is not developed simultaneously, Shall adhere to the geotechnical engineering report accepted by the City. THE FINAL PLAT SHALL NOT BE RECORDED UNTIL ALL CONDITIONS HAVE BEEN MET. " / , ) COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, R -98 MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING THE FINAL PLAT OF THE DEVELOPMENT OF CHESTERTON COMMONS SECOND ADDITION ,AS BEING DEVELOPED BY ASHFORD DEVELOPMENT CORPORATION, IN SECTION 23-32-24, Anoka County, Minnesota, WHEREAS, the City Council conditionally approved the preliminary plat of the Development of Chesterton Commons; and WHEREAS, the Developer has presented the final plat of Chesterton Commons Second Addition; and WHEREAS, the City Engineer has reviewed such plat for conformance with the preliminary plat; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Chesterton Commons Second Addition contingent upon receipt of the following: 1, The City Attorney presenting a favorable opinion. 2. Security to cover legal, engineering, street sign and installation costs as determined by the City Engineer. 3. The developer escrow for the uncompleted grading of the site which is to be determined by the City Engineer or if the site is completed, a letter from the developer's engineer that lots and streets are graded according to the grading plan submitted and approved by the City. 4, The final plat not be signed by the Mayor and Clerk until there is an executed Development Contract, escrow paid (15% of the total costs for the improvements for the property {streets, utilities, etc,}), 5. Street light costs to be paid to Anoka Electric Cooperative. Costs to be determined by Anoka Electric Cooperative, 6, Receipt of all necessary drainage and utility easements within and outside the plat if necessary as determined by the City. This includes the easements along Hanson Boulevard NW. 7. Developer is responsible to obtain all permits from U,S, Army Corps of Engineers, DNR, LGU, CCWD, MPCA and any other agency that may be interested in the site. 8. Park dedication as recommended by the Park and Recreation Commission, 9, Bikeway/walkway to be constructed along Hanson Boulevard NW. The developer shall pay 50% of the cost and the City shall pay 50% of the cost. 10, All outstanding comments from Scott Erickson, City Engineer and Todd Haas, Assistant City Engineer shall be addressed, 11. Contingent on staff review and approval for compliance with City ordinances, polices & guidelines. 12, Variance to Ord. No.8, Section 6.02, lot depth for the following: Lots 18 & 19, Block 2 Lot 1, Block 3, Lots 4,7,8,9, Block 5 Page Two Resolution Final Plat - Chesterton Commons Second Addition January 6, 1998 13, Variance to Ordinance No, 10, Section 9.03G for length of cul-de-sac of Bluebird Street NW exceeds 500 feet (512.2 ft,), 14. Variances to Ord, NO.1 0, Section 9,03G for length of temporary cul-de-sac exceeding 210' (Crane Street is 230') 15, Construction of additional temporary cul-de-sacs as deemed necessary by the City if Cambridge Estates does not develop simultaneously, 16. Shall adhere to the geotechnical report accepted by the City, Adopted by the City Council of the City of Andover this ~ day of Januarv , 19~. CITY OF ANDOVER ATTEST: J,E. McKelvey - Mayor Victoria Volk - City Clerk I CCU o 0..5 ~I:'! ~ .,,,,<> ..><"00 oel:! :I:<< " rF ~~ >,8 F= ~ -0,_ .... Z 85H o~ ~ ,. "':'c'5a. ~ 00 , U -- O O"CCT"C' ....., t: z~~'6i co g....~.s 00 010 ~ ~~iJ~ ~fJ~51\ ~.2 .sE,,}; tIl..!"U O'l g::E ~ Z 1........-....1 tf).!:~~O ~ ~u>.~ ,.--, ~ ..205 t: >c.o:g ~ ~!~.~~ :i ~.;~e 8:2~~t ~ :i'~: ~ . 00= :S ~ ::l' 0" " 0 ., Zjj):t~o v 0 ..c..... c: ............... ~S5~~ ~ 01 g:E~ ~ r---, ~e""'~o (/) 5151:" >. 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'lJ"\-/'C"r'\ ') U f...i ,...)l_ \J1\f II V ~ '/" zJ(j . ^^"f\ t rl\ I\.J ^ -].11\1\'] f\ If\("'t.. l\--'lJ IV\ I ~ ,....j(J V / LJ II Jut, I ""U01 \J V t I - - -- --- - - - - - - - - - - - - - - -.- - -.- o 0 c CITY OF ANDOVER REQUEST FOR COUNCIL ACTION / DATE: lanuary 6. 1998 AGENDA SECTION Non-Discussion/Consent Items ORIGINATING DEPARTMENT Todd Haas,~ d-L Engineering. ITEM NO. ;t LJ . Accept Petition/97-50/Sanitary Sewer & Watermain/14314 Crosstown Boulevard NW The City Council is requested to approve the resolution declaring adequacy of petition for sanitary sewer and watermain, Project 97-50, 14314 Crosstown Boulevard NW, J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENT OF SANITARY SEWER AND WATERMAIN ,PROJECT NO. 97-50, IN THE_ 14314 CROSSTOWN BOULEVARD NW. WHEREAS, the City Council has received a petition, dated December 9. 1997 requesting the construction of improvements; and WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: / 1. The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous, 2, Escrow amount for feasibility report is 0 3. The proposed improvement is hereby referred to Citv Enoineer and they are instructed to provide the City Council with a feasibility report, MOTION seconded by Councilmember and adopted by the City Council at a reoular meeting this 6th day of Januarv , 19 98, with Councilmembers favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed, voting in voting CITY OF ANDOVER ATTEST: J,E, McKelvey - Mayor / Victoria Volk - City Clerk , ) '\ ) '. , ) INDIVIDUAL EXAMPLE PETITION ". t}.., TIIC;. ~!.. r-S-O ," Date /OVy41 Andover City Engineer 1685 Crosstown Boulevard NW Andover, MN 55304 Re: Municipal Improvements Dear City Engineer: petition for improvements sewer and streets improvement to be We do hereby ~storm cos s of the property. Said petition is unanimous and the public hearing may be waived. We would like to be assessed over a 5 year period. Sincerely, ~~ prooerty Owner Add res s 1'-11/ 'i Cro s -I (TVW"'J"\ City, State, Zip AMOl/er ;IVl1'\ Phone (Home) d,1...> ?:l7-"'-f,(,' . (Work) ,.. 111- ~oq-1171 8/vd /d 5"S- ;JdJ.j CITY OF ANDOVER REQUEST FOR COUNCIL ACTION '\ ) DATE: lanuary 6, 1998 AGENDA SECTION Non-Discussion/Consent Items ORIGINATING DEPARTMENT ~ Todd Haas ~~ Engineering ITEM NO. ~- Approve Feasibility ReporU97 -50/Sanitary Sewer & Watermain/14314 Crosstown Boulevard NW The City Council is requested to approve the resolution accepting the feasibility report and calling public hearing on improvements of sanitary sewer and watermain for Project 97-50, 14314 Crosstown Boulevard NW. The proposed assessment is as follows (based on 1997 rates): Parcel A (0.96 acres) Sanitary Sewer Area CharQe 0.96 acres x $1065.00 = $1,022.40 Acre , / Lateral CharQe 100 feet x $24.00 = $2,400.00 feet Connection Charge = $ 290,00 Total Sanitary Sewer = $3,712.40 Parcel A (0.96 acres) Watermain Area Charqe 0.96 acres x $1130.00 = $1,084.80 Acre Lateral CharQe 100 feet x $24.00 = $2,400.00 feet Connection Charge = $1,225.00 Total Watermain = $4,709.80 '\ TOTAL PROPOSED ASSESSMENT FOR PARCEL A - Sanitary Sewer and Water = $8.422.20 .J Note: PARCEL B could develop or split as a residential lot and would be assessed when improvements are petitioned for. ;' CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, MOTION by Councilmember to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC HEARING, ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT 97-50. FOR SANITARY SEWER AND WATERMAIN IN THE FOllOWING AREA 14314 CROSSTOWN BOULEVARD NW, WHEREAS, the City Council did on the 6th day of Januarv, 19 98 order the preparation of a feasibility study for the improvements; and WHEREAS, such a feasibility study was prepared by the City EnQineer and presented to the Council on the 6th day of Januarv. 19~; 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 I the improvement feasible, for an estimated cost of $ 8.422,20 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 $ 8.422.20, waive the Public Hearing and order improvements, BE IT FURTHER RESOLVED the property would be assessed over a ~ year period. MOTION seconded by Councilmember and adopted by the City Council at a reQular meeting this -IDL day of Januarv ,19 98 , with Councilmembers in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. voting CITY OF ANDOVER ATTEST: .I J,E, McKelvey - Mayor Victoria Volk - City Clerk .:"'::.:l;'.i..~~~:c;~-=r;~~~~;.~c:.;.-;:;.,d.;"-'" -.~....~'-.:-.~.w.;.;~~~,~-....__."...;;.a~- - -~':'---- ~ Ilo-..- '\ \ ;! ~~ .: .., ~'-J .~ ." ... 'II" "l;.~ M. II .. c:: ,.';~ ~ (/) ~ /6(11) I' i: .I'd!''' '(:r. <. ~(/) '" ~::> . ~ 0:: :r.~ l- t-= (/) ~ .., ~ 26 M) ~ ~. . ~ ,- ,," " , ,,, 25 ~J'I Z ~ UJ ,<Ie ~ ~, a::: --~ :c:~------:-..o.c;..._~..._. L 'liI' 1"1 1.7=-$0 '\ .i CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: lanuary 6. 1998 AGENDA SECTION Staff, Committees, Commissions ITEM NO. ~ &:" Approve 1998 Park Capital Improvement Budget ORIGINATING D~~RTMENT Todd Haas, ~ Parks The City Council is requested to approve the following: $28,000,00 (Donation from Andover Lions) $3,000.00 (Park Dedication Funds) . " J $41,000.00 (1998 Park Capital Improvement Budget approved by City Council) $25,100.00 (Carry over from the 1997 Park Capital Improvement Budget) " j Hills of Bunker Lake East Park $16,000,00 for parking lot $12,000.00 available for playground equipment * It is recommended to spend $7,500 on playground equipment (2- 5 year olds) and $7,500 (3,000 from park dedication) on playground equipment for 5-12 year olds. Hidden Creek North Park - relocate ball field $8,200,00 for new backstop, mow strips, pad for dugout area $4,500.00 for preparing infield and installation of agllime Northwoods East Park $7,500,00 new playground equipment (2-5 year olds) $2,200,00 for disking and reseeding outfield Green Acre Park $7,500,00 new playground equipment (2-5 year olds) 97-34 Parkinq Lot Improvements for $7,000,00 Kelsey Round Lake Park - finish driveway $4,100.00 Oak Bluff Park - driveway and parking lot Citv Hall Park Complex #1 $7,100.00 Install irrigation system for soccer field on South side of water tower, Sunshine Park $12,000.00 Three sets of bleachers for soccer fields, Sunshine Park $6,000,00 Three concrete pads for bleachers CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , i , / DATE: January 6, 1998 AGENDA SECTION Discussion Items ORIGINATING DEPARTMENT Todd Haas, / Engineering ITEM NO. ;l/. Approve 1998 User Fees/ Field and Rink Use The City Council is requested to approve the resolution for the 1998 user fees for field and rink use, Attached is the proposed 1998 user fees. The Park and Recreation Commission has recommended the fees to remain the same for 1998, , , , J \ J \ , , / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION ESTABLISHING 1998 USER FEES FOR THE USE OF FIELDS AND HOCKEY RINKS WITHIN THE CITY OF ANDOVER. The City Council of the City of Andover hereby ordains: The following fees are hereby established: TYPE OF FEE Adult Rec Play $75 per team, per season Youth Rec Play $ 0 per team, per season FEE - Flat Rate $10 additional, per player, non-resident fee $ 0 additional, per player, non-resident fee Note: Includes the use of fields for both lighted and non-lighted. Field wlo Lights $15 Fee per hour (Private Use) Field wlLights (Private Use) Miscellaneous Youth Leagues , Miscellaneous Adult Leagues / Rental of Equipment for Tournament Limer Lime Drag Hose and nozzle Balter's Box Weekend Tournaments Rink Without Lights (Adults) Rink With Lights (Adults) $75 Fee per day $20 Fee per hour $100 Fee per day $ 0 per team, per season $50 per team, per season including practices plus a $10 additional non- resident fee per player $ 3.00 per tournament $ 3.50 per bag $ 1.50 per tournament $ 1.50 per tournament $ 1.50 per tournament $150.00 per field with no maintenance $300.00 per field with maintenance $25 (Fee per day) $12 (Fee per hour) Adopted by the City Council of the City of Andover this 6th day of January, 1998. ATTEST: '. / Victoria Volk - City Clerk CITY OF ANDOVER J. E. McKelvey CITY OF ANDOVER REQUEST FOR COUNCIL ACTION '. / DATE: lanuary 6. 1998 AGENDA SECTION Non-Discussion/Consent Items ORIGINATING DEPARTMENT Todd Haas,/, Engineering ITEM NO, ~ ~. Update of LRRWMO Watershed Management Plan This is an updated item for the City Council in regards to the Lower Rum River Watershed Organization Plan, Attached is a letter dated November 19,1997 from the Minnesota Board of Watershed Soil Resources. Basically the Board has completed the review of the final draft of the plan, Final amendments (typos, corrections, etc.) to the plan are in the process of being completed by Short Elliot Hendrickson (SEH), consulting Engineer that prepared the plan for the Watershed. Once the final plan is submitted, the Board has 90 days to complete the final plan review and approve the process, '\ J If you have any questions about the plan, feel free to contact me at City Hall. \ ) - ~ ,- - ;Jne West Water Street ;S,Jlte 200 St. Paul, MN 55107 3: 2) 296-3767 =3X (612) 297-5615 =;eld Offices 'lorthern Region: 394 S, Lake Avenue Room 403 Duluth, MN 55802 (218) 723-4752 Fax (218)723-4794 3217 Bemidji Avenue N. Bemidji, MN 56601 (218) 755-4235 Fax (218) 755-4201 217 S. 7th Street Suite 202 <rainerd, MN 56401-3660 ,218) 828-2383 Fax (218) 828-6036 Southern Region: 261 Highway 15 S. New Ulm, MN 56073-8915 (507) 359-6074 Fax (507) 359-6018 40-16th Street SE Suite A Rochester, MN 55904 (507) 285-7458 Fax (507) 280-2875 Box 267 1400 E. Lyon Street Marshall, MN 56258 (507) 537-6060 Fax (507)537-6368 Metro Region: One West Water Street Suite 250 SI. Paul, MN 55107 (612) 282-9969 Fax (612) 297-5615 An equal opportunity employer / ',ted on recycled paper ) t November 19, 1997 Mr. Steve Jankowski, Chair Lower Rum River Watershed Management Organization 2015 First Ave. " Anoka, MN 55303 RE: Lower Rum River Watershed Management Organization Final Draft Watershed Management Plan Dear Mr.Jankowski: The Minnesota Board of Water and Soil Resources (BWSR), has completed review of the tinal draft Lower Rum River Watershed Management Organization (LRRWMO) watershed management plan (PLAN). The PLAN was reviewed pursuant to the BWSR responsibilities under Minnesota Statutes 9 103B.231, Subdivision 8. BWSR acknowledges receipt of the plan on September 30, 1997, for 45-day review and comment period. The comments below reflect the areas of discrepancies between the LRRWMO PLAN and the language stated in Minnesota Rules Chapter 8410 (RULES), The specific focus of this final draft review has concentrated on the goals and policies, implementation program and the regulatory /enforcement strategy of the PLAN. The BWSR would like to have some time on the next LRRWMO board regular meeting to discuss remaining issues and answer any questions on the review process to this point. Any final amendments to the PLAN must be incorporated into a final reprinted PLAN. Final PLAN review and approval according to Minnesota Statute (MS) 9 103B.23l Subp. 9 will commence upon submittal, by the LRRWMO, of the final PLAN to the BWSR, only. This review process will include noticing of the PLAN according to MS 9 103D.401 and 103D.405. The BWSR has 90 days to complete the final PLAN review and approval process. The BWSR was also provided a letter dated May 14, 1997, from Mr. Charles LeFevere, Kennedy and Graven, which states that the issues associated with the joint powers agreement will be handled in the bylaws of the LRRWMO. It is therefore the understanding of the BWSR that amendments to these bylaws will be made in the near future by the LRRWMO, The BWSR cannot over emphasize the need for an active citizen participation element. Comprehensive watershed management is benefited by an active process of citizen involvement. This can best be accomplished through active citizen advisory H:'llSR\1.1A TI\ W1.[OILRRW1.[O,45D \ , / '\ ) , \ ) ,. Mr. Steve Jankowski LRR \Thol0 November 19, 1997 Page 2 " committees, regular focus groups and an active information and education outreach program, BWSR's position is that the means of citizen participation should be defined and incorporated into all portions of the PLAN including development, goals and policies, problems and opportunities, and implementation strategies. Minnesota law and rules for public participation are stated in MS ~ 103B,231, RULES 8410,0030, 8410.0080. BWSR strongly recommends that the LRRWMO develop and maintain standing citizen and technical advisory committees and define when and where they meet. ' The monitoring program identified in the PLAN should be expanded to not only include verification of implementation strategies, but also to determine future priorities for implementation. This may be best done through the establishment of a monitoring network which allows more definitive water quality parameters to be measured on specific resources. This information and data can then be used by the LRRWMO to develop specific management strategies for specific resources on a sub-watershed basis. The LRRWMO will then be able to allocate limited dollars to priority issues, to attain their goals. The final draft LRRWl\10 PLAN already clearly meets or exceeds many of the issues identified in previous BWSR review letters. The BWSR looks forward to working with the LRR\Thol0 on implementation of the final PLAN, If you have any questions or need additional information, please contact me at 215-1519. Sincerely, Minnesota Board of Water and Soil Resources f!i~ Board Conservationist MMNI/cs cc: Bruce Sandstrom, BWSR (file copy) Marcel Jouseau, Metropolitan Council Ken Wald, MDNR Celine Lyman, MPCA Betty Wheeler, MDH Mark Zabel, MDA Mark Lobermeier, Short Elliott Hendrickson, Inc, Chris Lord, Anoka Conservation District H:\USRI.\IA T!\WMO\LRRWM0.45D DATE January 6, 1998 ITEMS GIVEN TO THE CITY COUNCIL . Planning and Zoning Commission Minutes - December 9, 1997 . Zoning Ordinance Review Task Force Minutes - December 9, 1997 . City Council Minutes - December 16, 1997 . Economic Development Authority Closed Session Minutes - December 16, 1997 . Economic Development Authority Minutes - December 16, 1997 . Park and Recreation Commission Minutes - December 18, 1997 . Tree Commission Minutes - December 22, 1997 . Memo - Employee Winter Celebration Sign Up . Schedule of Bills PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA. THANK YOU. . . CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Januarv 6.1998 AGENDA SECTION Approval of Claims ORIGINATING DEPARTMENT Finance .~ \.~ Jean D, McGann I ITEM NO. Schedule of Bills REQUEST: The Andover City Council is requested to approve total claims in the amount of$ 309.205.99 BACKGROUND: Claims totaling $ 70.098.58 disbursement edit list #1 dated 12-23-97 have been issued and released. 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CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: January 6, 1998 AGENDA SECTION ADD-ON ORIGINATING DEPARTMENT City Clerk ~,~ . ITEM NO. Approve 1998 Non-Intoxicating On-Sale Uquor Ucense/Tasty Pizza The City Council is requested to approve the 1998 non-intoxicating on-sale liquor license for Tasty Pizza, 13827 Round Lake Boulevard NW. The application and license fee have been submitted. 01/06/98 17:09 BABCOCK L~ ~ 7S5 8923 ~v?-) NJ.328 003 mm gm PHONE (612) 421.5151 FAX <'11) 411.)61' Oecember 6, 1998 Babcock Locher Neilson & Mannella P.L.L.P. ATTORNEYS AT LAW 118 BAST MAIN ANOKA, MINNESOTA 55303 IAMI:S 101. NOILSON Ra.J..'lt A. "'AH~t.A R08611T~. MNlNF.llA CA.RY r. uR.,!UI THOMAS A. KllllT nuH~.l'I J !'IASIf CO\Q.1'l I. CAllSTmT.'Ool'SOI' RA''OALl. L ~VLl.ER F. A,mlOflT M.<HIlEL\J. STSVIIN J.lOOCt TItACI M RA-~ALl.O . EDIIUIlD P. BABCOCK. '" e..,,,.' VIA: Fax & u~~8'lfHa.a/c_1 Mayor McKelvey & Council Members City of Andover '685 Crosstown Blvd. Andover, MN 55304 RE: Chesterton Commons Second Addition Final Plat Approval Dear Mr. Mayor & Council Members: Please table Item No. 23 on tonights agenda and re-schedule the same for the Council Meeting on January 20, 1998 on the discussion portion of the agenda. SJN:smc cc: Ashford Development e~~~~ O~~--~ ~. ~"'I' ~~ ~~ ~C_ o~ -.~~.~~. , J ><: ::r C'i ~ ~ c-.l (. - >< ~ ~ g' y.. eo' . ~ . . ~ D 0 ~ ~ 0 - ~9-" 0 .- o ~ ~ ~~ ~c- f ( ~~ ,