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Home My WebLink AboutCC July 20, 1999 , " --.J \ o '---./ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 Regular City Council Meeting -Tuesday, July 20,1999 agenda Call to Order Resident Forum Agenda Approval Consent Agenda Approval of Minutes Presentation to Girl Scout Troop #2346 Bookmark Name minutes Discussion Items 1. Anoka County Sheriff Report 2. Approve Location Street LightlUniversity Ave. & 157th Ave. NW sheriff light Staff. Committees. Commissions 3. Consider Snowmobile Task Force Meeting snowmobi Non-Discussion/Consent Items 4. Kennel License Approval kennel 5. Authorize Purchase of Generator generator 6. Approve Amendment to Development Policy Guideline guidelines 7. Approve & Accept Trail, Street and Utility Easements and Agreements/Andover Station trail 8. Approve Ordinance No. 266, Rental Housing ord266 9. Approve Ordinance No. 267, Housing Maintenance Code ord267 10. Approve Easement Encroachment Agreement/645 142nd Lane NW/Evans evans 11. Approve Amended Special Use PermitlBeck's Auto becks 12. Approve Plans & Specs/99-21/Sunshine Park Shelter appr9921 13. Approve Quotes/99-29/Pavement Markings appr9929 14. Approve Quote/99-19/3580 - 144th Ave. NW/SS & WM appr9919 15. Terminate Pending Assessment/95-5/14122 Prairie Road NW term955 16. Approve Transfer of Funds/Budget Revision transfer 17. Approve Change Order #3/97-2/Andover Commercial Park (Phase II) Site Grading co3972 18. Approve Quotes/97-8/Chesterton Commons/Storm Sewer Extension appr978 Mayor/Council Input Payment of Claims Adjournment " CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ ) DATE: luly 20, t 999 AGENDA SECTION ORIGINATING DEPARTMENT APPROVAL OF MINUTES City Clerk,\ ~. V. ITEM NO. Approval of Minutes The City Council is requested to approve the following minutes: July 6, 1999 Regular Meeting , \ / \ / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , ) DATE: luly 20. 1999 AGENDA SECTION ORIGINATING DEPARTMENT Discussion Administration Richard Fursman ITEM NO. Anoka County Sheriff Monthly Report \, BACKGROUND: A representative from Anoka County Sheriffs Department will be present to provide the Council and the citizens of Andover an update on happenings around the City. '\ J " ) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ ) DATE: Julv 20. 1999 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT Todd Haas, ~ Engineering ITEM NO. Approve Location Street LighU J~iversity Ave. & 157th Ave. NW The City Council is requested to consider approving the installation of a street light at the intersection of University Avenue NWand 157th Avenue NW. Attached is a statement from Connexus Energy in the amount of $1 ,400 for the installation of the light. Staff contacted Doris Nivala, Ham Lake City Administrator, and it appears at this point that they would not participate in the Y2 of the cost of installing the light unless Andover was willing to put a 4 way stop sign at this intersection. Staff has indicated Ham Lake that if warrants " were met for the 4 way stop sign the Andover City Council could consider this. ) The city does have a budget for new street lights when the city is responsible for the installation and on-going energy and maintenance of the light. \ j ~;f- CONNEXUSTM ~;>- ENERGY 14601 Ramsey Boulevard Ramsey, Minnesota 55303 612.323.2600 Fax: 612.323.2603 1.800.642.1672 ~.connexusenergy.com info@connexusenergy.com / Your Community Energy Partner / STATEMENT Date: July 1, 1999 To: City of Andover Account # 386028 - 176061 150hps Map 30PP Sec 13 Advance charges for~street lights located at University Ave & 157th Ave # as per the enclosed summaries: J Installation fees $ 900.00 Additional Charges 500.00 Total GS 143.110 $ 1400.00 In addition to the above charges, there \vill be allextm charge for v,inter construction in accordance with Connexus Energy established policies. This charge applies to underground facilities that are installed between November 15th and April!. Please return one copy of this statement with your remittance to Customer Operations, Connexus Energy, 14601 Ramsey Blvd NW, Ramsey MN 55303. Thank you. , / "Committed to customer satisfaction through service, leadership and involvement." A Toul.:h:;[one Energy" Cooperatjve ~ ,,"-'- _c...... rl I , ~ _u !!i; , ,~' ~~~~ _~_ 'I 1:/ ' <M" · : '" ~t~A '....r:.. 'I . i ~ . ,..,.., l _ ~ _ I;" l I // 'I, // J ~ ___ ii!! · I ~w II . 'I' ~ ---Jf.m.m+.:,mm _ ~_ 11.........m...h-LI. . .";)'57' _ ~_ ~,. "'~' R?n. :21 I I I r--\. I . ../...T>t ..... _ i ru;:' . ~_.: !If. ./. ~. . . \ ~:::-S."""'_'b ! " "~'j.}.6. Wi '. -..t'..oOJG;. I _....L . ....\..:-' '~ ..... , I " I L '::;';., '''<. '- , : I ",,=b: _ ~ _ ~, \".",- ,: 4Y' ,.'- V v h '-,' ,--,~ ", .... 'T \ ~ '/ "'NO AVE. _ ','i,,, ! W' r~k'.." 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NW .,qnt AVE NW I CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ I DATE: Julv20.1999 AGENDA SECTION Staff, Committees, Commissions ITEM NO. c::E~nsider Snowmobile Task Force Meeting ORIGINA T1NG DEPARTMENT Todd Haas, /' Engineering The City Council is requested to consider if the Snowmobile Task Force should meet to determine if any sections of the ordinance should be revised in regard to rules and regulations. Or meet just to see if what programs or enforcement that will be done for the upcoming snowmobile season. If the Council requests the task force to meet, staff would update the Council at a later date as to the discussion that took place. / / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , , I DATE: luly 20. 1999 AGENDA SECTION ORIGINATING DEPARTMENT Non-Discussion City Clerk 6.0 J ITEM NO. ~pprove Kennel License The City Council is requested to approve a private kennel license for Rob-Lyn Hiltz, dba Blue Collar St. Bernards, 16541 Valley Drive. The license period is from August 1, 1999 to July 31, 2000. All renewal requirements have been met and we have received no complaints during the past 12 months. I . / :~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION NO. Non-Discussion / Consent Agenda DATE: July 20,1999 ORIGINATING DEPARTMENT APPROVED FOR AGENDA ITEM NO. Approve Purchase of Generators C:)I We received two quotes for a 125KW M.Q. Trailer Mounted Power Generator. Frank Stone - Public Works Superintendent BY: ENVIRONMENTAL EOUIPMENT SERVICES 1 - A-125KW M.Q. Trailer Mounted Generators $24,974.25 (includes tax) / DEVIL'S LAKE EQUIPMENT 1 - A-125KW M.Q. Trailer Mounted Generators (this price does not include taxes) $29,450.00 These are demo units with about 300 hours on them. The City, at present, owns one M.Q. Generator identical to the quoted models. We use our current generator during FunFest to run various items, it is a very quiet-running generator. The above quotes were for identical pieces of equipment. Since one bid was over $25,000, we checked with the City Auditor to make sure the City could purchase on quotes and not advertise for sealed bids. The Auditor stated that as long as the item being purchased is under $25,000, it can legally be purchased from quotes and not sealed bids. I recommend the purchase of one 125KW M.Q. Trailer Mounted Generator from Environmental Equipment Services for $24,974.25. The monies for this purchase will come from the 1999 Equipment Bond, where four units were budgeted. MOTION: SECOND: FILE: rG:IWORDICOUNCILIC06019a.DOC FRot1 : ...-., gY'!U~/lj lV.~V Ma~. 13 1999 11:40AM P2 11800462 , i't> ~. 9c.u~i:.-, ~c:.r ..1" 19 I i . - 1 t5 L:./4- IVO )33tJ/ ' I CUS\'OloK~ '"' =II\~ ADD CUs;ot.llP1 NAME TO WJl UST I ~M 1 C, ~ oNY_ />eN I loG 1OY/N " l Z\l' =:J De..a.- O"'ccma _t.. ) ....... r....-. fww CJl~ [JR-i..,.."I' LlM CJc 0, 04 I \WIJ. tne urd.".gned. ~etIlOY orear tr~ \'ll\I ora PrOCl~. ce,;rl\leO ow. l<> b6 ~v....o "" 8!'lClWn ~. 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IJIPUiD WIJlIWl'T\E$ ~ lIERCtIANTAIILITY ANtlI'lTNESS AIlE MOT MAOIIJIO Nlf; EJCI.U\)S) \Jtl1.iA "EQIIlCAU.y ~1lIEO 1M 'l1l! .M)KM ~ WARfIlHTV. ~ . i (11'8) JllM'iM lC ~ \he t,ll.nee due (line 7) ~ alXMI in ca&h. or \0 e>OICUli II r",! Sale Ag'8<<l\llY. (RtI2lll~~nl COlll1ftC1) 01' a Ulan ~nt, lOT ~ P\J~pnco<< It.o Prod.lOI. p1us&ddQClMlclt~ !llOWnllloreonOt' IlI<lIClb al./;lase Agr""",rt. 01\ cr~ dIjj~"'1Tl8 prod\Jc ~ tllleh DotPU physicsl cl8lI\ery r;I. ~ f'rodui::t UIIe oi'1a! IIlmtin ,,1l'e sed9r until one ct \lie torego1l1\l it ~. 00.0I<Jn0I'1 ~ ~ey -~......, -.. ON e.......... ~. ~ t ~~~PCN ~T. DBa ~ \ _I"""'. \!lOAL"" '---.... ~PAA1Y "(liS, DtAlER copy \ ~~_....., 1~ltt~M.Wl'-''''''''' v...... '....~....... . ..... .ft..... . ~....... ... r'.............. ,,_'h - .-. -...... . ."'..~ "...... ...... .-,_.._--~.........,.....'_...~,.. .' FROM PHONE ~O. 4513689 Ma~. 20 1999 01:0:PM Pi . '\ ,~ 27365 Zachary Avenue. Elk", MN 55020 Toll Free 1-877-461-3650 Office 612-461.3650 Fax 612-461-3689 QUOTE To: Frank Stone Public Works Director City of Andover 1685 Crosstown Blvd. N. W. Andover, MN 55304 FrOnl: Ai Walford Date: May 20, 1999 Page 1 ofl Fax: 612-767-5190 Generator Quote: Two, 125 KW M.Q. Power Gernators $23,450.00 Each $ 1.524.25 Tax , I $24,974.25 Cost \ / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION DATE: luly 20. 1999 ORIGINATING DEPARTMENT , , / Non-discussion Community Development ITEM NO. Approve Amendment to the (0 ~evelopment Policy Guideline David L Carlberg Community Development Director The City Council is requested to approve an amendment or modification to the Development Policy Guideline. The amendment to Section 3, Subd. A.l., requires developers to complete the sketch plan review process prior to the submittal of the preliminary plat by the July 1 deadline for urban residential plats. An amendment to Ordinance No. 10, Section 6, Sketch Plan, is also in the public hearing process which more clearly defines the sketch plan process. The amendment will be before the City Council on August 3,1999. i Note: Due to the continuing problem of developers claiming that were not informed of the deadline dates in the Development Policy Guideline, Staff will be submitting a copy of the guideline to the developer at the beginning of the development process. Staff will also require them to sign an acknowledgment form that they have received the guideline and understand the deadline dates. " ) DEVELOPMENT POLICY GUIDELINE ARTICLE I - ANNUAL IMPROVEMENT PROGRAM SECTION 1. PURPOSE The purpose of this Article is to establish an outline of the procedure to be employed in the City of Andover for considering improvements originating either through petition, or Council initiative. This Article also provides an outline of developer responsibility and guarantees. SECTION 2. INTENT It is the intent of the Andover City Council to consider public improvements only once during each calendar year, except as otherwise provided in this policy. Subd. A. Justification 1.) The location of Andover in the metropolitan area and the projected growth patterns, will result in a change from a basically rural to an urban character. It is necessary and advisable that this transaction occur in an orderly process. An orderly process must be of prime concern to ensure that proper planning, safety, financial consideration, citizen participation and reorganization of change is accomplished and understood. 2.) This policy is not intended as a vehicle to impair growth and development; rather it is to assure that the growth and development, where it occurs, will be in an orderly manner utilizing proper planning and sound fiscal management. SECTION 3. PROCEDURE Subd. A. Preliminary Plat 1.) Submittal. A proposed preliminary plat for urban residential development shall be submitted to the City for review by the Andover Review Committee in accordance with Ordinance No. 10, Section 7.02 on or before July 1 of each year to develop in the following year. No preliminary plat for urban residential development shall be submitted or accepted bv the City for review until such time as the sketch plan review process has been completed in accordance with Ordinance No. 10. Section 6. '\ > " 2.) Approval. A completed preliminary plat for urban residential development shall be acted upon by the City Council on or before December 31 of each year in order for the plat to develop in the following year. Subd. B. Petitioned Improvements 1.) Petitions for streets, sewer, water and storm sewer, etc. must be received by the City on or before December 31 of each year for an urban plat consisting of 20 or more lots/units and on or before January 31 of each year for an urban plat consisting of fewer than 20 lots/units. Petitions for improvements in new subdivision will be accepted only if a preliminary plat has been approved by the City Council. 2.) ProjectslDevelopments located in the Metropolitan Urban Service Area (MUSA) shall follow the time schedule illustrated on the attached Exhibit A. The Council may amend the time schedule as deemed necessary. 3.) Upon receipt, the Council shall refer the petition to the City Engineer for preliminary study and report. The City Engineer and/or Consulting Engineer shall prepare and submit to the Council, a feasibility study and report on all proposed improvements by the second regularly scheduled Council meeting in January. 4.) Upon completion of the hearings, the Council will decide to order or to abandon each proposed improvement. For those improvements ordered, the Council shall: a) Order preparation of final plans and specifications, approve them, call for bids and may award contract(s). b) Authorize Attorney to acquire all easements through negotiations or condemnation. c) Approve bond form, authorize and award sale of improvement bonds. The Council may authorize sale at any time total improvement cost estimates are known; however, delivery of bond monies cannot be made until after improvement contracts are executed. Subd. B. Council Initiated Improvement Considerations \ _l 1.) As part of its role, situations arise whereby the Council desires to consider projects on its own initiative. Similarly, it is an administrative 2 , \ responsibility to bring needed or visible improvements to the attention of the City Council. 2.) The procedure for this method of improvement origination and consideration follows the same pattern as outlines for petitioned improvements, except that the initial petition form is not required, In place of the petition, either a member of the Councilor the Administration presents a proposed resolution referring proposed improvements to the City Engineer and/or Consulting Engineers to prepare a feasibility report. Subd. C. Non-Assessable Proiects 1,) Non-assessable projects can generally be described as those which provide a general benefit to the entire community rather than direct or areal benefits to a specific portion of the City. Examples of such improvements would be municipal wells, interceptor sewer lift stations, water storage facilities, and water treatment facilities. Such improvements are normally financed from funds dedicated for the specific purposes intended, \ 2.) Initiation. Non-assessable projects would typically be Council initiated, as scheduled in the Five-Year Capital Improvement Program(CIP). Due to the generally unique nature of these projects, combining as part of an annual improvement program would serve no useful purpose. / 3.) Procedures. The procedures for implementation of a non-assessable project shall be the same as those prescribed herein for Council initiated projects, except that the schedule shall be as established by Council as part of the CIP process. 4.) Hearings. Public hearings are generally not required for those projects, and will not be held unless specifically required for a given project. SECTION 4. DEVELOPER RESPONSIBILITIES Subd. A. Development Agreement "- I / Thirty (30) days prior to ordering improvements for a proposed subdivision or development, an agreement with the developer which details the nature of the development, the schedule for implementation, the role for the developer, the role of the City and other affected agencies, and other items as may be deemed advisable by the City Attorney shall be entered into by the City and developer. The development agreement shall become effective at such time as the 3 " ) Council orders the improvement(s). No improvement shall be ordered without a mutual agreeable agreement in place. Subd. B. Developer Guarantees As stipulated in the development agreement, the Developer shall post with the City surety(ies) in a form acceptable to the City Attorney, and in amounts approved by the City Engineer for the following purposes: 1.) Developer's improvements (grading, lot staking, erosion control, street lighting, etc.). 2.) Assessments for Public Improvements: a.) Street Grading and Drainage, b.) Utilities (Sanitary Sewer, Water and Storm Sewer), c.) Street Construction (Concrete Curb and Gutter, Gravel Base and Bituminous Pavement), d.) Boulevard Restoration. , I 3.) Relocation and/or Protective Improvements for Non-Municipal Utilities (Cash Deposit Only). 4.) Developer-Constructed Public Improvements if so approved by the City. SECTION 5. ENGINEERING OPTIONS AND RESPONSIBILITIES The City Engineer shall have the option and be responsible for expanding petitions to provide for continuity and rational extension of proposed improvements. Whenever this occurs, it shall be brought to the attention of the Council in the feasibility study and report. The Council shall then give consideration to altering the proposed improvement from petitioned improvements to Council-Initiated. In the interests of economy, the City Engineer shall combine like-type improvements in developing the final plans and specifications to reduce improvement costs. SECTION 6. IMPROVEMENT AHEAD OF SCHEDULE The Council may give consideration to advancing developer financed improvements '\ subject to the following: I I 4 , ) ./ Subd. A. Applicant(s) shall state intention with the petition for improvement and may include a request for waiver of hearing. Subd. B. Council shall refer petition to the City Engineer for feasibility study and report, and shall determine whether or not a public hearing is required or warranted. If a public hearing is required or warranted, the City Engineer shall indicate to Council how long the feasibility report will take, and shall set the public hearing date accordingly. If there is no public hearing, consideration will be given upon submission of the feasibility study and report. Subd. C. Council shall consider improvement proposal after receipt of feasibility study and report. If Council approves the proposed improvement, preparation of final plans and specifications will be ordered upon receipt of a security deposit of one and one-half (1%) times the City Engineer's cost estimate to prepare the plans and specifications. Subd. D. Council then shall approve final plans and specifications, order call for bids, receive bids and award contract. Any easements necessary will be so authorized for acquisition by the City Attorney. SECTION 7. RURAL STREET IMPROVEMENTS " / All new development located outside the MUSA will require to meet the Standard Specifications for Rural Residential Street Construction. The City shall not construct rural streets under public contract where a new subdivision is being or has been created unless the benefiting property owners petition the City and proceed as authorized by Chapter 429, Laws of Minnesota. The City may, at its option, consider public contract construction of rural street improvements where an unimproved rural road presently exists. This option shall be exercised on a priority basis with rural roads having the potential to become routes of collector classification or higher, given the highest priority. The second priority will be given to other streets where the best interests of the general public are served. SECTION 8. NON-MUNICIPAL UTILITIES Where non-municipal utilities, such as pipelines and electrical lines cross a subdivision, it shall be the responsibility of the developer to pay the costs necessary for the relocation, realignment, and/or protection of such non-municipal utilities. The developer will have the following option: . / Subd. A. The developer may have the utilities relocated, realigned, and/or protected by the appropriate utility company in advance of Council ordering any public improvement project. 5 \ ) Approved by the City Council on November 16, 1993. Revised: July 16, 1996 January 21, 1997 February 16, 1999 July 20, 1999 PETITION: Council Declare Adequacy, Order Report 2-3 weeks Receive Report 5 weeks Public Hearing Process 3 weeks " Plans and Specifications 4 weeks J Bidding Process 5 weeks Award Bid 2 weeks 5 to 6 months 22 weeks Construction 3 months 12 weeks Total Time 8 to 9 months 34 weeks Assessment Process 2 months 8 weeks 10 to 11 months 42 weeks , devpguid.doc J 6 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ ) DATE: luly 20. 1999 AGENDA SECTION Non-discussion ORIGINATING DEPARTMENT Community Development ITEM NO. (. Approve and Accept Trail, Street and Utility Easements and Agreements for Andover Station David L. Carlberg Community Development Director The City Council is requested to approve and accept the following trail and utility easements and agreements as directed by William G. Hawkins, City Attorney: 1. Trail Easement and Agreement from 116, LLC to the City for Lot 1 and Lot 2, Block 1, Andover Station. 2. Trail, Street and Utility Easements being conveyed from the EDA to the City for the remainder of Andover Station. Attached are the trail, street and utility easements and agreements for Council approval and acceptance. " . J , \ ;' LAW OmCES OF \ J William G. Hawkins and Associates WILLIAM G. HAWKINS BARRY A. SULLIVAN Legal Assistant TAMMI J. UVEGES 2140 FOURTH AVENUE NORTH ANOKA, MINNESOTA 55303 PHONE (612) 427-8877 FAX (612) 421-4213 July 14, 1999 Mr. Richard Fursman City of Andover 1685 Crosstown Boulevard NW Andover, MN 55304 Re: Andover Economic Development Authority and 116 L.L.C. Option Agreement Dear Dick: Enclosed please find a check in the amount of $196,023.30 which represents the sale proceeds for the restaurant site. Also enclosed is a copy of the closing statement which indicates the charges associated with the transaction. Finally, I have enclosed \ a trail easement that was signed by the purchaser for the north side of Lot 1 and Lot / 2. Would you please have this accepted by the City Council, the acceptance completed and returned to my office for recording. If you have any questions, please contact me. . Hawkins WGH/tju Enclosure J ; TRAIL EASEMENT AND AGREEMENT ~ THIS INDENTURE, made this 13 day of by 116, L.L.C., a limited liability company, (Gra municipal corporation, (Grantee). ,1999, City of Andover, a , , WITNESSETH: WHEREAS, Grantor is the owner in fee simple of the real estate hereinafter described. That for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, Grantor has this day bargained and sold, and by these presents does bargain, sell and transfer unto to Grantee, its successors and assigns the following: A. A permanent easement for public trail purposes, over, under and across the following described properties: The North 20,00 feet of Lot 1, Block 1, ANDOVER STATION according to the duly recorded plat, as measured at right angles to the North line thereof. and The North 20.00 feet of Lot 2, Block 1, ANDOVER STATION according / to the duly recorded plat, as measured at right angles to the North line thereof. TO HAVE AND TO HOLD, said perpetual easement unto the City of Andover, Anoka County, Minnesota, its successors and assigns, forever, Grantor does hereby covenant with the Grantee, that it is lawfully seized and possessed of the real estate above described. IN WITNESS WHEREOF, 116 L.L.C., a limited liability company, has caused these presents to be executed or have set their hands the day and year first above written. By: Its: \ . / 1 \ / STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this /$ ~ay of ~~ ' 1999 before~JIIe, a notary public within and for said County, personally app ed A.+4....'tJ.P"'IW!; !'111e ~ ""4.H~d of 116, ~~~~~n~. 1~~_~~~~1er the laws of Minnesota, on b half of the f4;;:;i~ JANET R THm~AS l ~ ) !~:j;.~. F". ..,,: NOT^RY PUB. LIe-MINNESOTA ~ ~ '~.f:~~:-;:':'<:-' \r.::\':!:"S;r.JlEX!'lRESf.Jf.~O -N t Pub'"- ~ "~:o.:' 0 ary IC ..:._'..."'.__.e"'.......'-ft....~...._......~!.. NOTICE IS HEREBY GIVEN that the City of Andover, County of Anoka, State of Minnesota, has accepted on , 1999, the above described easement in this document. Dated: ,1999 CITY OF ANDOVER (SEAL) By Clerk . J This instrument was drafted by: William G. Hawkins 2140 Fourth Avenue North Anoka, Minnesota 55303 \ 2 LAw OffiCES OF William G. Hawkins and Associates J WILLIAM G. HAWKINS BARRY A. SULLIVAN Legal Assistant TAMMI J. UVEGES 2140 FOURTH AVENUE NORTH ANOKA, MINNESOTA 55303 R E eEl V E D PHONE (612) 427-8877 FAX (612) 421-4213 July 14, 1999 JUL 151999 CITY OF ANDOVER Mr. Dave Carlberg City of Andover 1685 Crosstown Boulevard NW Andover, MN 55304 Re: Andover Station Easements Dear Dave: Enclosed please find trail and utility easements that will be conveyed from the EDA to the City over the remainder of Andover Station that has not been sold to 116 L.L.C. An easement was signed by 116 L.L.C. and I forwarded it to Dick along with the check for the proceeds. I asked him to have the Council accept that easement and return it to my office for recording. If you would have the Council approve these easements, have them signed, accepted and returned to my office for recording I would appreciate it. / WGH/tju Enclosure , J TRAIL EASEMENT AND AGREEMENT THIS INDENTURE, made this day of , 1999, by Andover Economic Development Authority, a body corporate and politic, (Grantor), to the City of Andover, a municipal corporation, (Grantee). WITNESSETH: WHEREAS, Grantor is the owner in fee simple of the real estate hereinafter described. That for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, Grantor has this day bargained and sold, and by these presents does bargain, sell and transfer unto to Grantee, its successors and assigns the following: A. A permanent easement for public trail purposes, over, under and across the following described properties: The North 20.00 feet of Lot 1, Block 3, ANDOVER STATION according to the duly recorded plat, as measured at right angles to the North line thereof. and The North 20.00 feet of Lot 1A, Block 3, ANDOVER STATION according J to the duly recorded plat, as measured at right angles to the North line thereof. TO HAVE AND TO HOLD, said perpetual easement unto the City of Andover, Anoka County, Minnesota, its successors and assigns, forever. Grantor does hereby covenant with the Grantee, that it is lawfully seized and possessed of the real estate above described. IN WITNESS WHEREOF, Andover Economic Development Authority, a body corporate and politic, has caused these presents to be executed or have set their hands the day and year first above written. J.E. McKelvey President Richard Fursman Executive Director \, l 1 , \ l STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this day of , 1999 before me, a notary public within and for said County, personally appeared J.E. McKelvey and Richard Fursman, the President and Executive Director of the Andover Economic Development Authority, a body corporate and politic, on behalf of the authority. Notary Public NOTICE IS HEREBY GIVEN that the City of Andover, County of Anoka, State of Minnesota, has accepted on , 1999, the above described easement in this document. Dated: ,1999 CITY OF ANDOVER (SEAL) By Clerk This instrument was drafted by: J William G. Hawkins 2140 Fourth Avenue North Anoka, Minnesota 55303 , / 2 , STREET AND UTILITY EASEMENT AND AGREEMENT >' THIS INDENTURE, made this day of , 1999, by Andover Economic Development Authority, a body corporate and politic, (Grantor), to the City of Andover, a municipal corporation, (Grantee). WITNESSETH: WHEREAS, Grantor is the owner in fee simple of the real estate hereinafter described. That for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, Grantor has this day bargained and sold, and by these presents does bargain, sell and transfer unto to Grantee, its successors and assigns the following: A. A permanent easement for street and utility purposes, over, under and across the following described properties: The West, Southwest and southerly 20.00 feet of Lot 1, Block 3, ANDOVER STATION according to the duly recorded plat, as measured at right angles to the West, Southwest and southerly lines thereof. and / The South 20.00 feet of Lot 1 A, Block 3, ANDOVER STATION according to the duly recorded plat, as measured at right angles to the South line thereof. and The South, Southeasterly and East 20,00 feet of Lot 3, Block 1, ANDOVER STATION according to the duly recorded plat, as measured at right angles to the South, Southeasterly and East lines thereof. TO HAVE AND TO HOLD, said perpetual easement unto the City of Andover, Anoka County, Minnesota, its successors and assigns, forever. Grantor does hereby covenant with the Grantee, that it is lawfully seized and possessed of the real estate above described. IN WITNESS WHEREOF, Andover Economic Development Authority, a body corporate and politic, has caused these presents to be executed or have set their hands the day and year first above written. J.E. McKelvey President , I ~ ' 1 , \ Richard Fursman Executive Director > STATE OF MINNESOTA ) ) 55. COUNTY OF ANOKA ) On this day of , 1999 before me, a notary public within and for said County, personally appeared J.E. McKelvey and Richard Fursman, the President and Executive Director of Andover Economic Development Authority, a body corporate and politic, on behalf of the authority. Notary Public NOTICE IS HEREBY GIVEN that the City of Andover, County of Anoka, State of Minnesota, has accepted on , 1999, the above described easement in this document. Dated: ,1999 CITY OF ANDOVER (SEAL) By Clerk This instrument was drafted by: William G. Hawkins 2140 Fourth Avenue North Anoka, Minnesota 55303 2 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , , DATE: Julv 6. 1999 AGENDA SECTION ORIGINATING DEPARTMENT Non-Discussion Planning Jeff Johnson ITEM NO. Approve Ordinance No, 266 Rental Housing '(I Request The City Council is asked to review and approve Ordinance No. 266 - The Rental Housing Dwelling License and Regulations Ordinance. The Planning and Zoning Commission reviewed the ordinance at their June 8,1999 meeting and recommends approval (with minor language changes) to the Council. A change in the definition of "rental dwelling" was made by staff in Section 2. Rental units will now include homes for the age, provided that they are living units for hire. Rental licenses and inspections will now be required for such properties as " The Farmstead". -' \ CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA ORDINANCE NO. 266 An Ordinance repealing Ordinance No. 99 adopted April2l, 1992. AN ORDINANCE LICENSING AND REGULATING RENTAL HOUSING DWELLINGS IN THE CITY OF ANDOVER. The City Council ofthe City of Andover hereby ordains as follows: Section 1. PUrDose and Intent. It is the purpose of this ordinance to protect the public health, safety and welfare of citizens of the City who have as their place of abode a living unit furnished to them for the payment of a rental charge to another. This ordinance is the initial step in the City's effort to provide a housing maintenance code. It is the intent of this ordinance that uniform standards be established and applicable for all rental dwellings in the City. / Section 2. Definitions. The following words and terms used in this ordinance are construed and defined as follows: Rental Dwellinf! any dwelling unit with two (2) or more living units for hire. "Rental dwelling" does not include hotels, motels and hospitals. Overate to charge a rental charge for the use of a unit in a rental dwelling. Section 3. License Required. No person, firm or corporation shall operate a rental dwelling in the City without first having obtained a license as hereinafter provided from the Building Official or designee. After expiration of an initial licensing period of less than two (2) years as determined by the Building Official, each such operating license shall be issued biennially and shall expire on the anniversary date of issuance. License renewals shall be filed at least sixty (60) days prior to license expiration. " J 1 , Section 4. License Fees. License fees, as set by City Council resolution, shall be due sixty (60) days prior to the license expiration date. In the case of a new unlicensed dwelling, the license fee shall be due upon issuance of the certificate of occupancy. In the case of licensing periods ofless than two (2) years, license fees shall be prorated montWy. A delinquency penalty of five (5%) percent of the license fee for each day of operation without a valid license shall be charged to the operator of the rental dwelling. Once issued, a license is not transferable and the licensee shall not be entitled to a refund of any license fee upon revocation or suspension; however, the licensee shall be entitled to a license refund, prorated montWy, upon proof oftransfer oflegal control or ownership. A fee as set by City Council resolution, shall be charged for all re-inspections necessary after the first re-inspection. The re-inspection fee(s) will be payable at the time of license renewal for the property. Section 5. Application for License. Applications for licenses shall be made in writing to the Building Official by the owner of the rental units or histber legally constituted agent. , I Notification by the rental operator shall be given to the Building Official within five (5) business days with any change of information as required and stated in the initial application. Section 6. Conformance to Laws. No operating license shall be issued or renewed unless the rental dwelling and its premises conform to the ordinances of the City and the laws of the State of Minnesota. Section 7. Inspection Condition. No operating license shall be issued or renewed unless the owner ofrental units agrees in histber application to permit inspections pursuant to Section 13. Section 8. Postine:. Every licensee of a multiple rental dwelling shall post the license issued by the Building Official or designee. The license shall be conspicuously posted (in a frame with glass covering) by the licensee in a public corridor, hallway or lobby ofthe multiple rental dwelling for which the license is issued. '\ 2 , ) Section 9. License Not Transferable. No operating license shall be transferable to another person or to another rental dwelling. Every person holding an operating license shall give notice in writing to the Building Official within five (5) business days after having legally transferred or otherwise disposed of the legal control of any licensed rental dwelling. Such notice shall include the name and address of the person succeeding to the ownership or control of such dwelling or dwellings. Section 10. Maintenance Standards. Every rental unit shall maintain the standards as stated in Ordinance No. 267, the Housing Maintenance Code. Section 11. Landscaoe Condition. \ Each rental dwelling unit shall be maintained by its owner, occupant, operator or agent so that the yards, open spaces and parking facilities are kept in a safe and attractive condition. Where a conditional use permit has been granted, the landscaping shown on the approved landscaping plan shall be considered as minimal and shall be maintained accordingly. Any deviation to species or material shall be equal to or better than originally approved. In addition, adequate lighting faculties shall be provided and operated between the hours of sunset and sunrise; and snow plowing or snow shoveling shall be regularly accomplished to maintain all sidewalks and parking areas in a safe condition. Section 12. Safety from Fire. An owner, operator or agent of a rental dwelling shall be responsible to comply with the applicable provisions of the Fire Code of the City, including the keeping of all fire lanes open for emergency purposes. Section 13. Conduct on Licensed Prooertv. It shall be the responsibility of the licensee to see that persons occupying the licensed premises conduct themselves in a manner as not to cause the premises to be disorderly. For the purpose of this Section, a premises is disorderly at which any of the following activities occur: I. Violation of the City's Noise Ordinance. 2. Violation to State laws relating to the possession of controlled substances. " 3. Violation of Disturbing the Peace. i 3 , ) 4. The unlawful sale of liquor. 5. Violation to laws relating to gambling. 6. Violation of State laws relating to acts of prostitution. 7. The unlawful use or possession of a firearm as per State law. The Building Official shall be responsible for enforcement and administration of this Section. Upon determination by the Building Official that a licensed premises was used in a disorderly manner, as described in this Section, the Building Official shall give notice to the licensee of the violation and direct the licensee to take steps to prevent further violations. If another instance of disorderly use of the licensed premises occurs within three (3) months of an incident for which a notice was given by the Building Official, the Building Official shall notify the licensee to submit a written report of the actions taken, and proposed to be taken, by the licensee to prevent further disorderly use of the premises. This written report shall be submitted to the Building Official within five (5) days of receipt of the notice of disorderly use of the premises and shall detail all actions taken by the licensee in response to all notices of disorderly use of the premises within the preceding three (3) months. '\ If another instance of disorderly use of the licensed premises occurs within three (3) months after any two (2) previous instances of disorderly use for which notices were given to the licensee pursuant to this Section, the rental dwelling license for the premises may be denied, revoked, suspended or not renewed. An action to deny, revoke, suspend, or not renew a license under this Section shall be initiated by the Building Official who shall give to the licensee written notice of a hearing before the City Council to consider such denial, revocation, suspension or nonrenewaI. Such written notice shall specify all violations of this Section, and shall state the date, time, place and purpose of the hearing. The hearing shall be held no less than ten (10) days and no more than thirty (30) days after giving such notice. Following the hearing, the City Council may deny, revoke, suspend or decline to renew the license for all or any part or parts of the licensed premises or may grant a license upon such terms and conditions as it deems necessary to accomplish the purposes of this Section. '\ No adverse license action shall be imposed where the instance of disorderly use of the licensed premises occurs during the pendency of eviction proceedings (unlawful detainer) or within thirty (30) days of notice given by licensee to a tenant to vacate the premises where the disorderly use was related to conduct by that tenant or by other occupants or guests of the tenant's unit. Eviction proceedings shall not be a bar to adverse license action, however, unless they are diligently pursued by the licensee. Further, any action to / 4 '\ deny, revoke, suspend, or not renew a license based upon violations of this Section may be postponed or discontinued at any time ifit appears that the licensee has taken appropriate measures which will prevent further instances of disorderly use. A determination that the licensed premises have been used in a disorderly manner as described in this Section shall be made upon substantial evidence to support such determination. It shall not be necessary that criminal charges be brought in order to support a determination of disorderly use, not shall the fact of dismissal or acquittal of such criminal charge operate as a bar to adverse license action under this Section. All notices given by the City under this Section shall be personally served on the licensee, sent by certified mail to licensee's last known address or, if neither method of service effects notice, by posting on a conspicuous place on the licensed premises. Enforcement actions provided in this Section shall not be exclusive, and the City Council may take any action with respect to a licensee, a tenant, or the licensed premises as is authorized by this ordinance or State law. Section 14. Inspections and Investi!!ations. The Building Official or hislher representative is hereby authorized to make inspections reasonably necessary to the enforcement of this ordinance. '\ Persons inspecting any rental dwelling as provided herein shall notify the license holder of all violations, if any, by issuing a written Compliance Order. Said Compliance Order shall direct that compliance be made in no more than fifteen (15) days, unless extended by the Building Official based on good cause. Section 15. Revocation or Suspension. Every license or permit issued under this ordinance subject to the right, which is hereby expressly reserved, to suspend or revoke the same should the license holder or their agents, employees, representatives or lessees directly or indirectly operate or maintain rental dwellings contrary to the provisions of this ordinance or any other ordinance of the City or any special permit issued by the City or the laws of the State of Minnesota. The license may be suspended or revoked by the City Council after a written notice is sent to the license holder specifying the ordinance or law violations with which they are charged. This notice shall also specify the date for hearing before the City Council, which shall not be less than ten (10) days from the date of the written notice. At such hearing before the City Council, the license holder or their attorney may submit and present witnesses in their defense. " / 5 , J After a hearing the City Council may suspend or revoke the license if they deem it necessary to protect the public health, safety or general welfare. Section 16. Summary Action. When the conduct of any license holder or their agent, representative, employee or lessee or the condition of their dwelling is detrimental to the public health, safety and general welfare as to constitute a nuisance, fire hazard or other unsafe or dangerous condition and thus give rise to an emergency, the Building Official shall have the authority to summarily condemn or close off such area of the rental dwelling. Any person aggrieved by a decision of the Building Official to cease business or revoke or suspend the license or permit shall be entitled to appeal to the City Council immediately by filing a Notice of Appeal. The Building Official shall schedule a date for hearing before the City Council and notify the aggrieved person of the date. The hearing shall be conducted in the same manner as if the aggrieved person had not received summary action. The decision of the Building Official shall not he voided by the filing of such appeal. Only after the City Council has held its hearing will the decision of the Building Official be affected. , Section 17. Applicable Laws. Licenses shall be subject to all of the ordinances of the City and laws of the State related to rental dwellings. This ordinance shall not be construed or interpreted to supersede or limit any other such applicable ordinance or law. Section 18. 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. Adopted by the City Council of the City of Andover on this _ day of ,1999. ATTEST: CITY OF ANDOVER \ Victoria V olk, City Clerk 1. E. McKelvey, Mayor 6 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORD. NO. 99 \ ) RENTAL HOUSING DWELLING LICENSES AND REGULATIONS. SECTION 1. PURPOSE. It is the purpose of this ordinance to protect the public health, safety and welfare of citizens of the City who have as their place of abode a living unit furnished to them for the payment of a rental charge to another. This ordinance is the initial step in the City's effort to provide a complete housing maintenance code. SECTION 2. INTENT. It is the intent of this ordinance that a permanent mode of protecting and regulating the living conditions of citizens of the city be established; and that uniform standards be established and applicable for all rental dwellings in the city. SECTION 3. DEFINITIONS. Subd. 1. For the purposes of Section 1 et seq., the terms defined in this section shall have the meanings given them in the subdivisions which follow: , J Subd. 2. Rental Dwellin~. As used in this ordinance the term "rental dwelling" s all mean any dwelling with two or more living units for hire. "Rental dwelling" does not include hotels, motels, hospitals and homes for the aged.) Subd. 3. Operate. As used in this ordinance, the term "operate" means to charge a rental charge for the use of a unit in a rental dwelling. SECTION 4. LICENSE REQUIRED. From and after April 21, 1992, no person, firm, or corporat~on shall operate a rental dwelling in the city without first having obtained a license as hereinafter provided from the Building Official or designee. After expiration of an initial licensing period of less than two years as determined by the Building Official, each such operating license shall be issued biennially and shall expire on the anniversary date of issuance. License renewals shall be filed at least sixty (60) days prior to license expiration date. SECTION 5. LICENSE FEES. license fees, as set forth by city council resolution, shall be due sixty (60) days prior to the license expiration date; in the cases of new unlicensed dwellings, license fees shall be due upon issuance of the certificate of occupancy; in the cases of licensing periods of less than two years, license fees shall be prorated monthly. A delinquency penalty of five percent (5%) of the license fee for each day of operation without a valid license shall be charged to the operator of the rental dwelling. Once issued, a license is not transferable and the licensee shall not be entitled to a refund of any license fee upon revocation or , suspension; however, the licensee shall be entitled to a license J refund, prorated monthly, upon proof of transfer of legal control or ownership. , , ) Page Two Rental Housing Ordinance A fee as set by city council resolution, shall be charged for all reinspections necessary after the first reinspection. The reinspection fee(s) will be payable at the time of license renewal for the property. , / SECTION 6. APPLICATION FOR LICENSES. Applications for licenses shall be made in writing to the Building Official by the owner of the rental units or his/her legally constituted agent. Such application shall specify the following: Subd. 1. Name, address and telephone number of the owner of the rental dwelling. Subd. 2. Name, address and telephone number of any resident operator or agent actively managing said rental dwelling. In cases where the owner of a rental dwelling does not reside in any of the following Minnesota counties: Hennepin, Ramsey, Anoka, Carver, Dakota, Scott, or Washington the owner shall designate in writing to the Building Official the name of his/her resident operator or agent (one who does reside in the following Minnesota counties: Hennepin, Ramsey, Anoka, Carver, Dakota, Scott, or Washington) who is responsible for maintenance and upkeep and who shall be legally responsible for compliance with this and other ordinances. The Building Official shall be notified in writing of any change of resident agent. Subd. 3. Name, address and telephone number of all partners if the licensee is a partnership. Subd. 4. Name, address and telephone number of all officers of the corporation if the licensee is a corporation. Subd. 5. Name, address and telephone number of the vendee if the rental dwelling is owned or being sold on a contract for deed. Subd. 6. Legal address of the rental dwelling. Subd. 7. Number and kind of units within the rental dwelling classified as dwelling units, tenement units, or rooming units or other. Subd. 8. Height of the rental dwelling in stories. Subd. 9. Construction of exterior of building classified as wood or other. Subd. 10. Description of procedure through which tenant inquiries and complaints are to be processed. ')' Every person holding an operating license shall notify in writing to the Building Official within five (5) day business days after any change of this information. \ ) Page Three Rental Housing Ordinance ;1 SECTION 7. CONFORMANCE TO LAWS. (N~ operating license shall be issued or renewed unless the rent)\l dwelling and its premises conform to the ordinances of the ity of Andover and the laws of the State of Minnesota. . SECTION 8. INSPECTION CONDITION. No operating license shall be issued or renewed unless the owner of rental units agrees in his application to permit inspections pursuant to Section 14. SECTION 9. POSTING. Every licensee of a multiple rental dwelling shall post the biannual license issued by the Building Official. The annual license shall be conspicuously posted (in a frame with a glass covering) by the licensee in a public corridor, hallway or lobby of the multiple rental dwelling for which they are issued. SECTION 10. LICENSE NOT TRANSFERABLE. No operating license shall be transferable to another person or to another rental dwelling. Every person holding an operating license shall give notice in writing to the building Official within five (5) business days after having legally transferred or otherwise disposed of the legal control of any licensed rental dwelling. Such notice shall include the name and address of the person succeeding to the ownership or control of such rental dwelling or dwellings. , ) SECTION 11. MAINTENANCE STANDARDS. Every rental dwelling shall maintain the standards in Ordinance No. 100, the Housing Maintenance Code. SECTION 12. LANDSCAPE CONDITION. Each rental dwelling shall be maintained by its owner, occupant, operator or agent so that the yards, open spaces and parking facilities are kept in a safe and attractive condition. Where a special use permit has been granted, the landscaping shown on the approved landscaping plan shall be considered as minimal and shall be maintained accordingly. Any deviation to species or material shall be equal to or better than originally approved. In addition, adequate lighting facilities shall be provided and operated between the hours of sunset and sunrise; and snow plowing or snow shoveling shall be regularly accomplished to maintain all sidewalks and parking areas in a safe and passable condition. SECTION 13. SAFETY FROM FIRE. An owner, operator or agent of a rental dwelling shall be responsible to comply with the applicable provisions of the Fire Code of the city in keeping open all' fire lanes established by the city. SECTION 14. CONDUCT ON LICENSED PROPERTY. 1 / Subd. 1. It shall be the responsibility of the licensee to see that persons occupying the licensed premises conduct themselves in such a manner as not to cause the premises to be disorderly. For purposes of this Section, a premises is disorderly at which any of the following activities occur: Page Four Rental Housing Ordinance .~ , ) a. Violation of Ordinance No. 60, Noise b. Violation of laws relating to the possession of controlled substances as defined in Minnesota Statutes Section 152.01, Subdivision 4. c. Violation of Disturbing the Peace d. The unlawful sale of intoxicating liquor or non-intoxicating malt liquor. e. Violation of laws relating to gambling f. Violation of laws relating to prostitution as defined in Minnesota Statutes, Section 609.321, Subdivision 9, or acts relating to prostitution. g. Unlawful use or possession of a firearm in violation of Minnesota Statutes, Section 609.66, Subdivision la, 609.67, or 624.713. Subd. 2. The Building Official shall be responsible for enforcement and administration of this Section. \ ) Subd. 3. Upon determination by the Building Official that a licensed premises was used in a disorderly manner, as described in Subd. 1, the Building Official shall give notice to the licensee of the violation and direct the licensee to take steps to prevent further violations. Subd. 4. If another instance of disorderly use of the licensed premises occurs within three (3) months of an incident for which a notice in Subd. 3 was given, the Building Official shall notify the licensee of the violation and shall also require the licensee to submit a written report of the actions taken, and proposed to be taken, by the licensee to prevent further disorderly use of the premises. This written report shall be submitted to the Building Official within five (5) days of receipt of the notice of disorderly use of the premises and shall detail. all actions taken by the licensee in response to all notices of disorderly use of the premises within the preceding three (3) months. ) Subd. 5. If another instance of disorderly use of the licensed premises occurs within three (3) months after any two previous instances of disorderly use for which notices were given to the licensee pursuant to this section, the rental dwelling license for the premises may be denied, revoked, suspended or not renewed. An action to deny, revoke, suspend, or not renew a license under this section shall be initiated by the Building Official who shall give to the licensee written notice of a hearing before the city council to consider such denial, revocation, suspension or , ) Page Five Rental Housing Ordinance nonrenewal. Such written notice shall specify all violations of this section, and shall state the date, time, place and purpose of the hearing. The hearing shall be held no less than ten (10) days and no more than thirty (30) days after giving such notice. Following the hearing, the council may deny, revoke, suspend or decline to renew the license for all or any part or parts of the licensed premises or may grant a license upon such terms and conditions as it deems necessary to accomplish the purposes of this section. Subd. 6. No adverse license action shall be imposed where the instance of disorderly use of the licensed premises occurs during the pendency of eviction proceedings (unlawful detainer) or within thirty (30) days of notice given by the licensee to a tenant to vacate the premises where the disorderly use was related to conduct by that tenant or by other occupants or guests of the tenant's unit. Eviction proceedings shall not be a bar to adverse license action, however, unless they are diligently pursued by the licensee. Further an action to deny, revoke, suspend, or not renew a license based upon violations of this section may be postponed or discontinued at any time if it appears that the licensee has taken appropriate measures which will prevent further instances of disorderly use. , ) Subd. 7. A determination that the licensed premises have been used in a disorderly manner as described in Subd. 1 shall be made upon substantial evidence to support such determination. It shall not be necessary that criminal charges be brought in order to support a determination of disorderly use, nor shall the fact of dismissal or acquittal of such criminal charge operate as a bar to adverse license action under this section. Subd. 8. All notices given by the City under this section shall be personally served on the licensee, sent by certified mail to the licensee's last known address or, if neither method of service effects notice, by posting on a conspicuous place on the licensed premises. Subd. 9. Enforcement actions provided in this section shall not be exclusive, and the city council may take any action with respect to a licensee, a tenant, or the licensed premises as is authorized by this ordinance or state law. SECTION 15. INSPECTIONS AND INVESTIGATIONS. Subd. 1. The Building Official or their representative is hereby authorized to make inspections reasonably necessary to the enforcement of this ordinance. , / Subd. 2. All persons authorized herein to inspect shall have the authority to enter, at all reasonable times, any rental dwelling which has a license pursuant to the provisions of this ordinance. , , Page Six Rental Housing Ordinance , Subd. 3. Persons inspecting any rental dwelling as provided herein shall notify the license holder of all violations, if any, by issuing a written Compliance Order. Said Compliance Order shall direct that compliance be made in not more than 15 days, unless extended by the Building Official based on good cause. SECTION 16. REVOCATION OR SUSPENSION. ~ j Subd. 1. Every license or permit issued under this ordinance subject to the right, which is hereby expressly reserved, to suspend or revoke the same should the license holder or their agents, employees, representatives or lessees directly or indirectly operate or maintain rental dwellings contrary to the provisions of this ordinance or any other ordinance of the city or any special permit issued by the city or the laws of the state of Minnesota. Subd. 2. The license may be suspended or revoked by the Council after a written notice is sent to the license holder specifying the ordinance or law violations with which they are charged. This notice shall also specify the date for hearing before the Council, which shall not be less than 10 days from the date of the written notice. Subd. 3. At such hearing before the Council, the license holder or their attorney may submit and present witnesses in their defense. Subd. 4. After a hearing the Council may suspend or revoke the license if they deem it necessary to protect the public health, safety or general welfare. SECTION 17. SUMMARY ACTION. \ J Subd. 1. When the conduct of any license holder or their agent, representative, employee or lessee or the condition of their rental dwelling is detrimental to the public health, safety and general welfare as to constitute a nuisance, fire hazard or other unsafe or dangerous condition and thus give rise to an emergency, the Building Official shall have the authority to summarily condemn or close off such area of the rental dwelling. Subd. 2. Any person aggrieved by a decision of the Building Official to cease business or revoke or suspend the license or permit shall be entitled to appeal to the Council immediately by filing a Notice of Appeal. The Building Official shall schedule a date for hearing before the Council and notify the aggrieved person of the date. Subd. 3. The hearing shall be conducted in the same manner as if the aggrieved person had not received summary action. Page Seven Rental Ordinance , Subd. 4. The decision of the Building Official shail not be voided by the filing of such appeal. Only after the Council has held its hearing will the decision of the Building Official be affected.. ~._.._ SECTION 18. APPLICABLE LAWS. Licenses shall be subjectto~all' of the ordinances of the city and State of Minnesota relating to rental dwellings; and this ordinance shall not be construed or interpreted to supersede or limit any other such applicable ordinance or law. SECTION 19. 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 20. VALIDITY AND EFFECTIVE DATE. This Ordinance shall be effective from and after its passage and publication according to law. Adopted this 21st day of April, 1992, by the City Council of the City of Andover. ATTEST: CITY OF ANDOVER Kenn~~aYo' '\ 4-: id. Victorla Volk, Clty Clerk , / Regular Andover Planning and Zoning Commission Meeting Minutes - May 25, 1999 Page 4 , Motion by Daninger, seconded by Falk, to recommend to the City Council approval to the City Council of said request finding that the request meets the conditions established in Ordinance No.8, Section 5.04 Motion carried on a 6-ayes, O-nays, I-absent (Ape 1) vote. ORDIANNACE REVIEW Ordinance No. 99 - Mr. Johnson explained that the purpose of this ordinance is to protect the public health, safety and welfare of citizens of the City who have as their place of abode a living unit furnished to them for the payment of a rental charge to another. This ordinance is the initial step in the City's effort to provide a complete housing maintenance code. He noted that inspections are conducted by the building department once every two years. Chairperson Squires questioned if the building department had reviewed the ordinance. Mr. Johnson stated yes. Commissioner Dalien questioned on Page 2 under section 6 subdivision 2 why the counties listed where selected. Mr. Johnson stated that it should be revised and he didn't think it was necessary to list only a few counties. Commissioner Dalien questioned Section 15 on Page 5 if building officials really have the authority \ to inspect the property at will. !'vir. Johnson stated that they are obligated to inspect the property if " there is just cause to do so noting that there has been no problems in the past with getting permission to inspect properties. !'vir. Johnson stated that he will look into the wording of Section 15. Chairperson Squires suggest having the City Attorney review Section 15 to determine what exactly the City's authority is. Ordinance No. 100 - Mr. Johnson explained that this IS an ordinance establishing a housing maintenance code for the City of Andover. Ordinance No. 101 - Mr. Johnson explained that this is an ordinance providing for the deferral of special assessments for senior citizens and retired disabled homeowners. Commissioner Falk questioned if the $18,000 is set by the City. Mr. Johnson explained that it is set by City Council on an annual basis. Chairperson Squires suggested reviewing Section 1 with the City Attorney to verify the provision and State laws. OTHER BUSINESS Mr. Hinzman updated the Commission on City Council business. ) Regular Andover Planning and Zoning Commission Meeting Minutes - June 8, 1999 Page 7 , / Commissioner Dahlien concurred with eliminating the cost of constructing a roadway through an area of peat if there is another alternative. The Planning Commission requested staff refer their comments and those of the ARC to the City Council for their consideration at the June 15, 1999 meeting. SKETCH PUN - SHADOW BROOK 6TH ADDITION - SECTION 15/36 _ GOR-EM, LLC. Mr. Mike Quigley, representing Gor-em, LLC, stated the Planning Commission is requested to review the proposed sketch plan of Shadowbrook 6th Addition located in Section 25 and 36. He noted the comments of the ARC and stated the cul-de-sac does exceed the maximum length but it is difficult to change due to the unusual land. He advised there is a trail connection in Shadowbrook 5th to cross the creek. They will change Lot 23 to eliminate the double frontage lot. Lot 4 is actually in Shadowbrook 3rd and the sketch will be corrected to so indicate. Mr. Quigley stated in lieu of proposing a private street they will make the short section of roadway coming out of the to\Vnhouse development to a standard width street. Mr. Carlberg stated the ARC wiII review that street \Vidth change to see if it meets the concern with sno'.v plowing. He stated the ARC agrees there is no way to connect the cul-de-sac due to the topography of the land. / Chairperson Squires asked if this is a PUD. Iv1r. Carlberg stated it is not and that indication will be removed. ORDINANCE REVIEW - ORDINANCE NO. 255, DEFERRED ASSESSMENTS. ORDINAl'iCE REVIEW - ORDIi\"ANCE NO. 266, RENTAL HOUSING. ORDINANCE REVIEW - ORDINANCE NO. 267, HOUSING 11-fAINTENANCE CODE. Mr. Carlberg stated these ordinances were presented at the last meeting and the requested minor changes were made. Commissioner Dahlien inquired regarding deferred assessments should it involve a couple with only one member being 65 years of age. He asked if the surviving spouse would loose the deferment should the 65 year old spouse die. Mr. Carlberg stated he will review the ordinance language and report back. Commissioner Dahlien stated his support that the deferral be allowed to remain if the spouse is of a similar age. The Commission had no other comment on these ordinances. . , CITY OF ANDOVER REQUEST FOR COUNCIL ACTION / DATE: Julv 20. 1999 AGENDA SECTION ORIGINATING DEPARTMENT Non-Discussion Planning Jeff Johnson ITEM NO. Approve Ordinance No. 267 Housing Maintenance Code q. ReQuest The City Council is asked to review and approve Ordinance No. 267 - An Ordinance Establishing a Housing Maintenance Code for the City. The Planning and Zoning Commission reviewed the ordinance at their June 8, 1999 meeting and recommends approval (with minor language changes) to the Council. I /' CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 267 AN ORDINANCE ESTABLISHING A HOUSING MAINTENANCE CODE FOR THE CITY OF ANDOVER. An Ordinance repealing Ordinance No. 100 adopted April 21, 1992. The City Council of Andover hereby ordains as follows: Section 1. Purpose. The purpose of this Ordinance is to protect the public health, safety and the general welfare of the people of the City. These objectives include, the following: 1. To protect the character and stability of residential areas within the City; 2. To correct and prevent housing conditions that adversely affect or are likely to adversely affect the life, safety, general welfare and health; , 3. To provide minimum standards for heating and sanitary equipment and for light and ventilation necessary to protect the health and safety of occupants of buildings; 4. To prevent the overcrowding of dwellings; 5. To provide minimum standards for the maintenance of existing residential buildings and to thus prevent substandard housing and blight; 6. To preserve the value ofland and buildings throughout the City. With respect to disputes between tenants and landlords, and except as otherwise specifically provided by the terms of this ordinance, it is not the intention of the City Council to intrude upon the accepted contractual relationship between the tenant and landlord. The City Council does not intend to intervene as an advocate of either party, nor to act as arbiter, nor to be receptive to complaints from tenant or landlord which are not ordinance related. In the absence of such relevancy with regard to rental disputes, it is intended that the contracting parties exercise such legal sanctions as are available to them without the intervention of City government. In enacting this ordinance it is not the intention of the City Council to interfere or permit interference with legal rights to personal privacy. \. j Section 2. Aoolicability of Ordinance. This ordinance establishes minimum standards for maintaining dwelling units, accessory structures and related premises. This ordinance is intended to provide standards for rental housing and to provide standards to allow resolution of complaints regarding owner- occupied housing. Section 3. Definitions. The following definitions shall apply in the interpretation and enforcement of this ordinance. Accessorv Use or Structures a use or structure subordinate to, and serving the principal use or structure on the same lot and customarily incidental thereto which is not used for living or sleeping by human occupants. Andover Buildinz Code the Minnesota State Building Code adopted by the City. Buildinz any structure having a roof which may provide shelter or enclosure for persons, animals, or chattel, and when said structure is divided by party walls without openings, each portion of such building so separated shall be deemed a separate building. , Buildinf! Official the designated agent authorized by the City Council to administer and enforce this ordinance. Dwellinf! a building or one (1) or more portions thereof occupied or intended to be occupied for residential purposes; but not including rooms in motels, hotels, nursing homes, boarding houses, trailers, tents, cabins or trailer coaches. Dwellinz Unit one (1) family. a single family dwelling or unit designed to accommodate Familv a. An individual, or two (2) or more persons related by blood, marriage or adoption living together, or b. A group of not more than five (5) persons who need not be related by blood, marriage or adoption, living together as a single house keeping unit in a dwelling unit, exclusive of usual servants. Flush Water Closet a toilet with a bowl and trap made in one (1) piece, which is connected to the City water and sewer system or other approved water supply and sewer system. \ , j 2 \ i Garbaze animal and vegetable waste, resulting from the handling, preparation, cooking, marketing or processing of food, or the nonconsumed waste resulting from animals or humans consuming food. Habitable Buildinz any building or part thereof that meets minimum standards for use as a home or place of abode by one (1) or more persons. Habitable Room a room enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms, water closet compartments, laundries, furnace rooms, unfinished basements, (those without required ventilation, required electric outlets and required exit facilities), pantries, utility rooms of less than fifty (50) square feet of floor space, foyers, communicating corridors, stairways, closets, storage spaces, and workshops, hobby and recreation areas in parts of the structure below ground level or in attics. Heated Water water heated to a temperature of not less than 110 degrees Fahrenheit, or such lesser temperature required by government authority, measured at faucet outlet. Kitchen a space which contains a sink with counter working space, space for installing cooking with refrigeration equipment, and space for the storage for cooking utensils. " Alaintenance upkeep of property and equipment in a safe working condition for which it was installed and/or constructed. Multivle Familv Dwellinz dwelling units. a dwelling or portion thereof containing two (2) or more Occuvant any person (including owner operator) living, sleeping, cooking and eating in a dwelling unit or living and sleeping in a rooming unit. Overate to charge rent for the use of a unit in a rooming unit. Overator the owner or his/her agent who has charge, care, control, or management of a building, or part thereof, in which dwelling units or rooming units are let. Owner any person, firm or corporation who alone, jointly, or severally with others, shall be in actual possession of, have charge, care of, or control of any dwelling, dwelling unit, or rooming unit within the City as owner, employee or agent of the owner, or as trustee or guardian of the estate or person of the title holder. Any person representing the actual owner shall be bound to comply with the provisions of this ordinance to the same extent as the owner. \ / 3 \ J Permissible Occuvancv the maximum number of persons permitted to reside in a dwelling unit or rooming unit. Person an individual, firm, partnership, association, corporation, company or joint venture or organization of any kind. Plumbinz all of the following supplied facilities and equipment in a dwelling: gas pipes, gas burning equipment, water pipes, steam pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents and any other similar fixtures and the installation thereof, together with all connections to water, sewer and gas lines. Premises a platted lot or part thereof or unplatted parcel of land, and adjacent right-of-way either occupied or unoccupied by any dwelling or nondwelling structure, including such building or accessory structure. Public Hall a hall, corridor or passageway for providing egress from a dwelling unit to a public way and not within the exclusive control of one (I) family. Refuse as defined and regulated in the Zoning Ordinance. , Rental Dwellinz a dwelling unit for hire. Revair the construction or renewal of any part of an existing building or its utilities, facilities or equipment for the purpose of its maintenance. Rodent Harboraze their habitat. a place where rodents commonly live, nest, or establish Roominf! Unit any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking and eating purposes. Safety the condition of being reasonably free from danger and hazards which may cause accidents or diseases. Substandard Dwellinz any dwelling which does not conform to the minimum standards established by City ordinances. Suvvlied paid for, furnished by, provided by or under the control of the owner, operator, or agent of a dwelling. " , / 4 \ Meaning of certain words. Whenever the words "dwelling", "dwelling unit", "premises", or "structures" are used in this ordinance, they shall be construed as though they were followed by the words "or any part thereof'. Section 4. Responsibilities of Owners and Occunants. No owner or other person shall occupy or let to another person any dwelling, dwelling unit or rooming unit unless it and the premises are fit for human occupancy and comply with all applicable legal requirements of the State of Minnesota and the City, and as set forth specifically in this Section. Maintenance of Shared or Public Areas. Every owner of a dwelling containing two (2) or more dwelling units shall maintain or shall provide for maintenance of the units shared along with all public areas of the dwelling and premises thereof. Housekeeping of Occupied Areas. Every occupant of a dwelling, dwelling unit or rooming unit shall properly housekeep the dwelling unit and premises thereof that he/she occupies and controls. '\ Storage and Disposal of Refuse. Every occupant of a dwelling, dwelling unit or rooming unit shall store and dispose of all his/her refuse and garbage and any other organic waste which might provide food for insects and/or rodents in a manner approved by the city. The City requires that refuse and garbage be disposed of by a garbage hauler. Responsibilitv for Storage and Disposal of Garbage and Refuse. Every owner ofa multiple family dwelling shall supply facilities for the storage and/or disposal of refuse and garbage. In the case of single or two-family dwellings, it shall be the responsibility of the occupant to furnish such facilities as prescribed by the City ordinance. Responsibilitv for Storm and Screen Doors and Windows. The owner of a rental dwelling unit shall be responsible for providing, maintaining and hanging all screen and storm doors and storm windows whenever the same are required under the provisions of this ordinance. Responsibilitv for Pest Extermination. Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of vermin infestations and/or rodents on the premises. Every occupant of a dwelling unit in a dwelling containing more than one (I) dwelling unit shall be responsible for such extermination whenever his/her dwelling unit is the only one infested. Notwithstanding, however, whenever infestation is caused by the failure of the owner to maintain a dwelling in a reasonable rodent-proof condition, extermination shall be the responsibility of the owner. Whenever, infestation exists in two (2) or more of the dwelling units in any dwelling or in the shared or public parts of any dwelling containing two (2) or more dwelling units, extermination thereof shall be the responsibility of the owner. ., j 5 \ Rodent Harborages Prohibited in Occupied Areas. No occupant of a dwelling or dwelling unit shall accumulate boxes, firewood, lumber, scrap metal or any other similar materials in such a manner that may provide a rodent harborage in or about any dwelling or dwelling unit. Outside stored materials shall be stacked neatly in plies at least four (4) inches of bare soil or ground. Rodent Harborages Prohibited in Public Areas. No owner of a dwelling containing two (2) or more dwelling units shall accumulate or permit the accumulation of boxes, lumber, scrap metal or any other similar materials in such a manner that may provide a rodent harborage in or about shared or public areas of a dwelling or premises. Materials stored outside by the owner or permitted to be stored by the owner shall be stacked neatly in plies at least four (4) inches above bare soil or ground. Prevention of Food for Rodents. No owner or occupant of a dwelling unit shall store, place or allow to accumulate any materials that may serve as food for rodents in a site accessible to rodents. Maintenance of Plumbing Fixtures and Facilities. The owner or occupant ofa dwelling unit shall maintain all supplied plumbing fixtures and facilities therein. , Minimum Heating Capability and Maintenance. In every dwelling unit or rooming unit when the control of the supplied heat is the responsibility of a person other than the occupant, a temperature of at least seventy (70) degrees Fahrenheit or such lesser temperature required by government authority shall be maintained at floor level, when the outdoor temperature is twenty (20) degrees below zero Fahrenheit. Removal of Snow and Ice. The owner of any rental dwelling shall be responsible for the removal of snow and ice from parking lots and/or driveways, steps and walkways on the premises. Individual snowfalls of three (3) inches or more or successive snowfall accumulations to a depth of three (3) inches shall be removed from walkways and steps within forty-eight (48) hours after cessation of the snowfall. Minimum Exterior Lighting. The owner of a rental dwelling or dwellings shall be responsible for providing and maintaining in good conditions paved and delineated parking areas and driveways for tenants. Maintenance of Drivewav and Parking Areas. The owner of a multiple family dwelling or dwellings shall be responsible for providing and maintaining in good condition paved and delineated parking areas and driveways for tenants. Section 5. Minimum Standards for Basic Eauinment and Facilities. " No person shall rent or let to another for occupancy, any dwelling or dwelling unit for the purposes of living, sleeping, cooking and eating therein which does not comply with the following minimum standards for basic equipment and facilities. j 6 " , Kitchen Sink. Provide a kitchen sink in good working condition which is properly connected to an approved water supply system and which provides at all times an adequate amount of heated and unheated running water under pressure and which is connected to an approved sewer system per City ordinance. Cabinets/Shelves. Provide cabinets and/or shelves for the storage of eating, drinking and cooking equipment and utensils and of food that does not require refrigeration for safekeeping; and a counter or table for food preparation. Said cabinets and/or shelves and counter or table shall be of sound construction furnished with surfaces that are easily cleanable and that will not impart any toxic or deleterious effect to food. Cooking Facilities. Provide a stove or similar device for cooking food and a refrigerator similar device for the safe storage offood at or below forty (40) degrees Fahrenheit, which are properly installed with all necessary connections for safe, sanitary and efficient operation. Such stove, refrigerator or similar devices need not be installed when a dwelling unit is not occupied and when which case sufficient space and adequate connections for the installation and operation of said stove, refrigerator or similar device must be provided. " Toilet Facilities. Within every dwelling unit there shall be a nonhabitable room which is equipped with a flush water closet in compliance with the Minnesota State Plumbing Code. Such room shall have an entrance door which affords privacy. Said flush water closet shall be equipped with easily cleanable surfaces, shall be connected to an approved water system that at all times provides an adequate amount of running water under pressure to cause the heater closet to be operated properly, and all shall be connected to a sewer system in compliance with City ordinance. Lavatorv Sink. Within every dwelling unit there shall be a lavatory sink. Said lavatory sink may be in the same room as the flush water closet, or if located in another room, the lavatory sink shall be located in close proximity to the door leading directly into the room in which said water closet is located. The lavatory sink shall be in good working condition and shall provide at all times an adequate amount of heated and unheated running water under pressure and shall be connected to an approved sewer system in compliance with City ordinance. Bathtub or Shower. Within every dwelling unit there shall be a nonhabitable room which is equipped with a bathtub or shower in good working condition. Such room shall have an entrance door which affords privacy. Said bathtub or shower may be in the same room as the flush water closet, or in another room, and all shall be properly connected to an approved water supply system and shall provide at all times an adequate amount of heated and unheated water under pressure and shall be connected to an approved sewersystem in compliance with City ordinance. "\ ) 7 "- I Section 6. Stainvavs. Porches and Balconies. Every stairway, inside or outside of a dwelling, and every porch or balcony shall be kept in safe condition and sound repair. Stairs and handrails shall conform to the Andover Building Code standards. Every porch, balcony or deck which is thirty (30) inches or more above grade shall have a guardrail and shall be firmly fastened and maintained in good condition. No flight of stairs shall have settled out of its intended position or have pulled away from the supporting or adjacent structures enough to cause hazard. No flight of stairs shall have rotting, loose or deteriorating supports. Excepting spiral and winding stairways, the treads and risers of every flight of stairs shall be essentially uniform in width and height. Stairways shall be capable of supporting a live load of 100 pounds per square foot of horizontal projection. Section 7. Access to Dwellinl! Units. Access to or egress from each dwelling unit shall be provided without passing through any other dwelling unit. Section 8. Door Locks. " No owner shall let or rent to another for occupancy any dwelling or dwelling unit unless all exterior doors of the dwelling or dwelling units are equipped with safe, functioning locking devices. Rental dwellings shall be furnished with door locks as follows: I. F or the purpose of providing a reasonable amount of safety and general welfare for persons occupying multiple family dwellings with common areas, an approved security system shall be maintained for each multiple family building to control access. The security system shall consist of locking building entrance or foyer doors, and locked doors leading from hallways into individual dwelling units. Dead-latch type door locks shall be provided with releasable lever knobs (or doorknobs) on the inside of building entrance doors and with key cylinders on the outside of the building entrance doors. Building entrance doors latches shall be of type that are permanently locked. 2. Every door that provides ingress or egress for a dwelling unit within a multiple family building shall be equipped with an approved lock that has a deadlocking bolt that cannot be retracted by end pressure, provided however, that such door shall be openable from the inside without the use of a key or any special knowledge or effort. 3. All multiple family dwellings in existence prior to April 21, 1992 which were not previously required to have an approved security system, shall not be subject to the requirements of Section 8(1). \ j 8 \ I Section 9. Minimum Standards for Lil!ht and Ventilation. No person shall occupy as owner, occupant or let to another for occupancy any dwelling or dwelling unit for the purpose ofliving therein which does not comply with the following minimum standards for light and ventilation. Habitable Room Ventilation. Except where there is supplied some other device affording ventilation and approved by the Building Official, every habitable room shall have at least one (I) window facing directly outdoors which can be opened easily. The minimum total of open able window area in every habitable room shall be greater often (10) percent of the floor area of the room, with a minimum often (10) square feet. Nonhabitable Room Ventilation. Every bathroom and water closet compartment, and every laundry and utility room shall be provided with natural ventilation by means of windows, or skylights having an area of not less than ten (10) percent of the floor area of such rooms, with a minimum of three (3) square feet, except that no windows shall be required if such rooms are equipped with a ventilation system which is approved by the Building Official. " Electric Service. Outlets and Fixtures. Every dwelling unit and all public and common areas shall be supplied with electric service, functioning over current protection devices, electric outlets, and electric fixtures which are properly installed, which shall be maintained in a safe working condition, and shall be connected to a source of electric power in a manner prescribed by ordinance, rules and regulations of the City and by laws of the State of Minnesota. The minimum capacity of such electric service and the minimum number of electric outlets and fixtures shall be as follows: 1. A dwelling containing one (I) or two (2) dwelling units shall have at least the equivalent of 100 ampere, three-wire electric service per dwelling unit. 2. Each dwelling unit shall have at least one (I) branch electric circuit for each 600 square feet of dwelling unit floor area. 3. Every habitable room shall contain one (1) electrical convenience outlet for each twelve (12) lineal feet, or major fraction thereof, measured horizontally around the room at the baseboard line, provided that in each one (1) ceiling-type electric light fixture may be substituted for one (1) of the required electrical convenience outlets. 4. Every water closet compartment, bathroom, kitchen, laundry room, and furnace room shall contain at least one (1) supplied ceiling-type or wall-type electric convenience outlet. '\ ) 5. Every public hall and public stairway in every multiple dwelling shall be adequately lighted to provide at least ten (10) foot candles of illumination 9 '1 of all parts thereof at all times by means of properly located electric light fixtures; provided that such electrical lighting may be omitted from sunrise to sunset where there are windows or skylights opening directly to the outside and where the total window or skylight area is at least one-tenth (1/10) of the combined horizontal area of the floor and stairway of each such public hallway and where such windows or skylight provided adequate natural light to all parts of each public hallway. Every public hall and stairway in dwellings containing two (2) dwelling units shall be supplied with convenient light switches, controlling an adequate lighting system that will provide at least ten (10) foot candles of illumination on all parts thereof, which may be turned on when needed. 6. A convenient switch or equivalent device for turning on a light in each dwelling unit shall be located near the point of entrance to such unit. Section 10. Minimal Thermal Standards. " No person shall occupy as owner, occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose ofliving therein which does not have heating facilities which are properly installed and maintained in a safe and working condition and which are capable of safely heating all habitable rooms, bathrooms and water closet compartments in every dwelling unit located therein to a temperature of at least seventy (70) degrees Fahrenheit or such lesser temperature required by government authority to be maintained at floor level, when the outdoor temperature is twenty (20) degrees below zero Fahrenheit. Gas or electric appliances designed primarily for cooking or water heating purposes shall not be considered as heating facilities within the meaning of this Section. Portable heating equipment employing flame and the use ofliquid fuel does not meet the requirement of this Section and is prohibited. No owner or occupant shall install, operate or use a space heater employing a flame that is not vented outside the structure in an approved manner. Section 11. General Reauirements. No person shall occupy as owner, occupant or let to another for occupancy any dwelling or dwelling unit for the purpose of living therein which does not comply with the following requirements: \ .J Foundations. Exterior Walls and Roofs. The foundation exterior walls and exterior roof shall be substantially water tight and protected against vermin and rodents and shall be kept in sound condition and repair. The foundation element shall adequately support the building at all points. Every exterior wall shall be free of structural deterioration or any other condition which might admit rain or dampness to the interior portion of the walls or 10 '\ to the interior spaces of the dwelling. The roof shall be tight and have no defects which admit rain and roof drainage and shall be adequate to prevent rain water from causing dampness in the walls. All exterior surfaces, other than decay resistant materials, shall be protected from the elements and decay by paint or other protective covering or treatment. If approximately twenty-five (25) percent or more of the total exterior surface is unpainted or lacks protective coating or is determined by the Building Official to be deteriorated, the surface shall have a protective covering applied. If approximately twenty-five (25) percent or more of the total exterior surface of the pointing of any brick, block or stone wall is loose or has fallen out, the surface shall be prepared. Windows. Doors. and Screens. Every window, exterior door and hatch way shall be substantially tight and shall be kept in repair. Every window other than a fixed window or storm window shall be capable of being easily opened and closed. Every window, door and frame shall be constructed and maintained in such relation to the adjacent wall construction as to completely exclude rain, vermin and rodents from entering the building. '\ I / Floors. Interior Walls and Ceilings. Every floor, interior wall and ceiling shall be protected against the passage and harborage of vermin and rodents and shall be kept in sound condition and good repair. Every floor shall be free of loose warped, protruding or rotting flooring materials. Every interior wall and ceiling shall be maintained in a tight waterproof condition. Toxic paints or materials with a lasting toxic effect shall not be used. Every toilet room and bathroom floor surface shall be capable of being easily maintained. Rodent Proof. Buildings found to be rodent infested shall be made rodent resistant. All openings in the exterior walls, foundations, basements, ground or first floors and roofs which have 1/2 foot diameter or larger opening shall be rodent proofed in an approved manner. Interior floors or basements, cellars and other areas in contact with the soil shall be paved with concrete or other rodent impervious material. Fence Maintenance. All fences supplied by the owner on the premises and all fences erected by an occupant on the premises shall consist of metal, wood, masonry or other decay resistant materials. Fences shall be maintained in good condition. Materials, other than decay resistant varieties, shall be protected against decay by use of paint or other preservatives. Accessorv Structure Maintenance. Accessory structures shall be structurally sound and be maintained in good repair. The exterior of such structures shall be made weather resistant through the use of decay-resistant materials such as paint or other preservatives. Safe Building Elements. Every foundation, roof, floor exterior and interior wall, ceiling, inside and outside stair, every porch and balcony, and every appurtenance thereto, shall ) be safe to use and capable of supporting normal structural loads. 11 ) Facilities to Function. All equipment or utilities required under City ordinances and every chimney and flue shall function effectively in a safe and working condition. Grading and Drainage. Every yard, court, or passageway on the premises on which a dwelling stands shall be graded and drained so as to be free of standing water that constitutes a detriment to health and safety. Yard Cover. Every yard of a premises on which a dwelling stands shall be maintained to prevent dust and erosion. Section 12. Maintenance Standards. Every dwelling within the City shall conform to the Uniform Building Code. Section 13. Maximum Densitv. Minimum S1,Jace. for Rental Units. No person shall permit or let to be occupied any rental dwelling for the purpose ofliving therein which does not comply with the following requirements: 1. Permissible Occupancv of Dwelling Unit. The maximum permissible occupancy of any rental dwelling unit shall be determined as follows: '\ A. For the first occupant, 150 square feet of habitable room floor space and for every additional occupant thereof, at least 100 square feet of habitable room floor space. j B. In no event shall the total number of occupants exceed two (2) times the number of habitable rooms, less kitchen, in the dwelling unit. 2. One (1) Familv Per Dwelling Unit. Not more than one (I) family, except for temporary guests, shall occupy a dwelling unit. Section 14. Enforcement and Inspection Authoritv. The Building Official shall administer and enforce the provisions of this ordinance when reason exists to believe that a violation of the provisions of this ordinance has been or is being committed. Inspections shall be conducted during reasonable hours and the Building Official shall present evidence of his /her official capacity to the owner or occupant in charge of the dwelling unit. The Building Official shall keep confidential all evidence, exclusive of the inspection record, which he/she may discover or obtain in the course of an inspection made pursuant to this Section and such evidence shall be considered privileged. ) Section 15. Inspection Access. 12 " If any owner, occupant, or other person in charge of a dwelling, dwelling unit, rooming unit, or of a multiple dwelling fails or refuses to permit free access and entry to the structure or premises under his control, or any part thereof, with respect to which an inspection authorized by this ordinance is sought to be made, the Building Official may, upon a showing that probable cause exists for the inspection and for the issuance of an order directing compliance with the inspection requirements of this section with respect to such dwelling, dwelling unit, rooming unit, or multiple dwelling, petition and obtain such order from a court of competent jurisdiction. Section 16. Unfit for Human Habitation. Any dwelling, dwelling unit or rooming unit or portion thereof which is damaged, decaying, dilapidated, unsanitary, unsafe, vermin or rodent infested or which lacks provision for basic illumination, ventilation or sanitary facilities to the extent that the defects create a hazard to the health, safety or welfare of the occupants or of the public may be declared unfit for human habitation. Whenever any dwelling, dwelling unit or rooming unit has been declared unfit, the Building Official shall order same vacated within a reasonable time and shall post a placard on same indicating that it is unfit for human habitation, and any operating license previously issued for such dwelling shall be revoked pursuant to law. "\ It shall be unlawful for such dwelling, dwelling unit or rooming unit or portion thereof to be used for human habitation until the defective conditions have been corrected and written approval has been issued by the Building Official. It shall be unlawful for any person to deface or remove the declaration placard from any such dwelling unit. Section 17. Secure Unfit and Vacant Dwellinl!s. The owner of any dwelling, dwelling unit or rooming unit which has been declared unfit for human habitation or which is otherwise vacant for a period of sixty (60) days or more shall make the same safe and secure so that it is not hazardous to the health, safety and welfare of the public and does not constitute a public nuisance. Any vacant dwelling open at doors, windows, or wall opening, if unguarded shall be deemed to be a hazard to the health, safety and welfare of the public and is a public nuisance within the meaning of this ordinance. Section 18. Hazardous Buildinl! Declaration. In the event that a dwelling has been declared unfit for human habitation and the owner has not remedied the defects within a prescribed reasonable time, the dwelling may be declared a hazardous building and may be removed, razed or corrected pursuant to the provisions of Minnesota Statutes, Section 463.15 to 463.26. \ i / 13 \ Section 19. Compliance Order. Whenever the Building Official determines that and dwelling, dwelling unit or rooming unit or portion thereof is in violation of this or any other ordinance, he/she may issue a Compliance Order setting forth violations of the ordinance and ordering the owner, occupant, operator or agent to correct such violations. This Compliance Order shall: I. Be in writing. 2. Describe the location and nature of the violations of this ordinance. 3. Establish a reasonable time frame, not to exceed sixty (60) days, to correct such violation and notify the owner of his appeal recourse. 4. Be served upon the owner, operator and occupant, or any of them, provided that such notice shall be deemed to be properly served upon such owner, operator, or occupant, if a copy thereof is: A. Served to he/she personally; or B. Sent by registered mail to his/her last known address; , C. Upon failure to effect notice through (a) or (b) as set out in this section, service may be made pursuant to Minnesota Statutes 463.17, Subd. 2, which reads as follows: This order shall be served upon the owner of record, of his agent is in charge of the building, and upon the occupying tenant, ifthere is one, and upon all lien holders of record, in the manner provided for service of a summons in a civil action. If the owner cannot be found, the order shall be served upon him by posting it at the main entrance to the building and by four weeks publication in the official newspaper of the municipality if it has one, otherwise in a legal newspaper in the County."; or D. Pursuant to Minnesota Statutes, Section 145.22. Section 20. Rie:ht to Appeal. When it is alleged by any person to whom a Compliance Order is directed that such Compliance Order is based upon erroneous interpretation of this ordinance, or upon a misstatement or mistake of fact, such person may appeal the Compliance Order to the City Council. Such appeal, must be accompanied by a filing fee as designated by City Council in cash or cashier's check and must be filed with the Building Official within ) five (5) business days after service of the Compliance Order. The filing of an appeal shall 14 " ) stay all proceedings in furtherance of the action appealed from unless such stay would cause imminent peril to life, health or property. Section 21. Board of Appeal's Decision. Upon at least five (5) business days notice to the appellant the time and place for hearing the appeal and within thirty (30) days after said appeal is filed, the City Council shall hold a hearing thereon. The City Council shall find that the order be reversed, modified or affirmed in whole or in part. Section 22. Restrictions or Transfer or Ownership. It shall be unlawful for the owner of any dwelling, dwelling unit or rooming unit upon whom a pending Compliance Order has been served to sell, transfer, mortgage or lease or otherwise dispose thereof to another person until the provisions ofthe Compliance Order have been complied with, unless such owner shall furnish to grantee, lessee or mortgagee a true copy of any notice of violation or Compliance Order and shall obtain and possess a receipt of acknowledgment. Anyone securing an interest in the dwelling, dwelling unit or rooming unit who has received notice of the existence ofa Compliance Order shall be bound by same without further service of notice upon himlher and shall be liable to all penalties and procedures provided by this ordinance. \ Section 23. Penalties. Any person who fails to comply with a Compliance Order after a right of appeal has expired and any person who fails to comply with a modified Compliance Order within the time set therein, upon conviction thereof, shall be guilty of a misdemeanor. Section 24. Execution of Compliance Orders bv Public Authoritv. Upon failure to comply with a Compliance Order within the time set therein, and no appeal having been taken, or upon failure to comply with a modified Compliance Order within the time set therein, the criminal penalty established hereunder notwithstanding, the City Council after due notice to the owner may by resolution cause the cited deficiency to be remedied as set forth in the Compliance Order. The cost of such remedy shall be a lien against the subject real estate and may be levied and collected as a special assessment in the manner provided by Minnesota Statutes Chapter 429, for any reasons set forth in Section 429.101, Subd. 1, and specifically for the removal and elimination of public health or safety hazards from private property, but the assessment shall be payable in a single installment. It is the intent of this Section to authorize the City to utilize Section 429.101 of the Minnesota Statutes to promote the public's health, safety and general welfare. " ) 15 '. Section 25. Severabilitv 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. Adopted by the City Council of the City of Andover on this _ day of 1999. CITY OF ANDOVER J. E. McKelvely, Mayor ATTEST: , Victoria Volk, City Clerk , ) , 16 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA \ ) ORDINANCE NO. 100 AN ORDINANCE ESTABLISHING A HOUSING MAINTENANCE CODE FOR THE CITY OF ANDOVER. The City Council of Andover does hereby ordain: SECTION 1, the public the city. following: PURPOSE. The purpose of this ordinance is to protect health, safety and the general welfare of the people of These general objectives include, among others, the Subd. 1. To protect the character and stability of residential areas within the city; Subd. 2. To correct and prevent housing conditions that adversely affect or are likely to adversely affect the life, safety, general welfare and health; Subd. 3. To provide minim~tandards for heating and sanitary equipment and for light and ventilation necessary to protect the health and safety of occupants of buildings; Subd. 4. To prevent the overcrowding of dwellings; Subd. 5. To provide minimum standards for the maintenance of existing residential buildings and to thus prevent substandard housing and blight; Subd. 6. To preserve the value of land and buildings throughout the city. With respect to disputes between tenants and landlords, and except as otherwise specifically provided by the terms of this ordinance, it is not the intention of the City Council to intrude upon the accepted contractual relationship between the tenant and landlord. The City Council does not intend to intervene as an advocate of either party, nor to act as an arbiter, nor to be receptive to complaints from tenant or landlord which are not specifically and clearly relevant to the provisions of the ordinance. In the absence of such relevancy with regard to rental disputes, it is intended that the contracting parties exercise such legal sanctions as are available to them without the intervention of city government. In enacting this ordinance it is not the intention of the City Council to interfere or permit interference with legal rights to personal privacy. SECTION 2, APPLICABILITY OF ORDINANCE. This ordinance establishes minimum standards for maintaining dwelling units, accessory structures and related premises. This ordinance is intended to provide standards for rental housing and to provide standards to allow resolution of complaints regarding owner- ) occupied housing. SECTION 3, DEFINITIONS. The following definitions shall apply in the interpretatlon and enforcement of this ordinance. \ J ~ / Subd. 1. Accessory Use or Structures. A use or structure subordinate to, and servlng the prlnclpal use or structure on the same lot and customarily incidental thereto which is not used for living or sleeping by human occupants. Subd. 2. Andover BUildina Code. the Minnesota state Building Co e as the City of Andover. Ordinance No. 19 adopting building code for the Subd. 3. Building. Any structure having a roof which may provide shelter or enclosure for persons, animals, or chattel, and when said structure is divided by party walls without openings, each portion of such building so separated shall be deemed a separate building. Subd. 4. Building Official. The designated agent authorized by the City Council to administer and enforce this ordinance. Subd. 5. Dwelling. A building or one or more portions thereof occupied or intended to be occupied for residential purposes; but not including rooms in motels, hotels, nursing homes, boarding houses, trailers, tents, cabins or trailer coaches. Subd. 6. Dwelling Unit. A single family dwelling or unit designed to accommodate one family. Subd. 7. Family: , \ ) a. an individual, or two (2) or more persons related by blood, marriage or adoption living together, or b. a group of not more than five (5) persons who need not be related by blood, marriage or adoption, living together as a single house keeping unit in a dwelling unit, exclusive of usual servants. Subd. 8. Flush Water Closet. A toilet with a bowl and trap made in one piece, which is connected to the city water and sewer system or other approved water supply and sewer system. Subd. 9. Garbage. Shall mean the animal and vegetable waste, resulting from the handling, preparation, cooking, marketing or processing of food, or the nonconsumed waste resulting from animals or humans consuming food. Subd. 10. Habitable Building. Any building or part thereof that meets minimum standards for use as a home or place of abode by one or more persons. \ ) Subd. 11. Habitable Room. A room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms, water closet compartments, laundries, furnace rooms, unfinished basements, (those without required ventilation, required electric outlets and required exit facilities), pantries, utility rooms of less than 50 square feet of floor space, foyers, communicating corridors, stairways, Page 2 closets, storage spaces, and workshops, hobby and recreation areas in parts of the structure below ground level or in attics. ) Subd. 12. Heated Water. Water heated to a temperature of not less than 110 degrees Fahrenheit, or such lesser temperature required by government authority, measured at faucet outlet. Subd. 13. Kitchen. A space which contains a sink with counter working space, space for installing cooking and refrigeration equipment, and space for the storage of cooking utensils. Subd. 14. Maintenance. Upkeep of property and equipment in a safe working condition for which it was installed and/or constructed. Subd. 15. Multiple Famil~ Dwelling. A dwelling or portion thereof containing two or more welling units. Subd. 16. occuk~nt. Any person (including owner operator) living, sleeping, coo lng and eating in a dwelling unit or living and sleeping in a rooming unit. Subd. 17. Operate. As used in this ordinance, the term "operate" means to charge rent for the use of a unit in a rooming unit. \ Subd. 18. Operator. The owner or his/her agent who has charge, care, control, or management of a building, or part thereof, in which dwelling units or rooming units are let. / Subd. 19. Owner. Any person, firm or corporation who alone, jointly, or severally with others, shall be in actual possession of, have charge, care of, or control of any dwelling, dwelling unit, or rooming unit within the city as owner, employee or agent of the owner, or as trustee or guardian of the estate or person of the title holder. Any person representing the actual owner shall be bound to comply with the provisions of this ordinance to the same extent as the owner. Subd. 20. permissible occu~anc~. The maximum number of persons permitted to reside in a welling unit or rooming unit. Subd. 21. Person. An individual, firm, partnership, association, corporation, company or joint venture or organization of any kind. Subd. 22. Plumbing. All of the following supplied facilities and equipment in a dwelling: gas pipes, gas burning equipment, water pipes, steam pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents and any other similar fixtures and the installation thereof, together with all connections to water, sewer and gas lines. " Subd. 23. Premises. A platted lot or part thereof or ; unplatted parcel of land, and adjacent right-of-way either occupied or unoccupied by any dwelling or nondwelling structure, including such building or accessory structure. Page 3 \ - ) Subd. 24. Public Hall. A hall, corridor or passageway for providing egress from a dwelling unit to a public way and not within the exclusive control of one family. Subd. 25. Refuse. As defined and regulated in Ordinance No.8, Section 8.02. Subd. 26. Rental Dwelling. As used in this ordinance, is a dwelling for hire. Subd. 27. Repair. Is the construction or renewal of any part of an existing building or its utilities, facilities or equipment for the purpose of its maintenance. Subd. 28. Rodent Harbora~e. A place where rodents commonly live, nest, or establish the~r abitat. Subd. 29. Rooming Unit. Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking and eating purposes. Subd. 30. Safety. The condition of being reasonably free from danger and hazards which may cause accidents or disease. Subd. 31. Substandard Dwelling. Any dwelling which does not conform to the minimum standards established by City Ordinances. \ .J Subd. 32. su!p1ied. Paid for, furnished by, provided by or under the control 0 the owner, operator, or agent of a dwelling. Subd. 33. Meaning of certain words. Whenever the words "dwelling", "dwelling unit", "premises", or "structure" are used in this ordinance, they shall be construed as though they were followed by the words "or any part thereof". SECTION 4. RESPONSIBILITIES OF OWNERS AND OCCUPANTS. No owner or other person shall occupy or let to another person any dwelling, dwelling unit or rooming unit unless it and the premises are fit for human occupancy and comply with all applicable legal requirements of the State of Minnesota and the City of Andover, and as set forth specifically in the following sections. Subd. 1. Maintenance of Shared or Public Areas. Every owner of a dwelling containing two or more dwelling units shall maintain or shall provide for maintenance of the units shared or public areas of the dwelling and premises thereof. Subd. 2. Housekeeping of Occupied Areas. Every occupant of a dwelling, dwelling unit or rooming unit shall properly housekeep that part of the dwelling, dwelling unit and premises thereof that he/she occupies and controls. Subd. 3. Stora e and Dis osal of Refuse. Every occupant of a dwelling, dwel ~ng un~t or room~ng un~t s a 1 store and dispose of all hiS/her refuse and garbage and any other organic waste "\ which might provide food for insects and/or rodents in a manner ) approved by the city. The City requires that refuse and garbage be disposed of by a garbage hauler. Page 4 " Subd. 4. and Refuse. supply facilities for garbage. In the case be the responsibility as prescribed by city Subd. 5. Res onsibilit Windows. The owner 0 a renta for providing, maintaining and and storm windows whenever the provisions of this ordinance. / and doors Subd. 6. Res onsibilt for occupant of a dwe ing containlng be responsible for the extermination of vermin infestations and/or rodents on the premises. Every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for such extermination whenever his/her dwelling unit is the only one infested. Notwithstanding, however, whenever infestation is caused by the failure of the owner to maintain a dwelling in a reasonable rodent-proof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two or more of the dwelling units in any dwelling or in the shared or public parts of any dwelling containing two or more dwelling units, extermination thereof shall be the responsibility of the owner. ~ , / Subd. 7. Rodent Harborages Prohibited in Occupied Areas. No occupant of a-awelling or dwelling unit shall accumulate boxes, firewood, lumber, scrap metal or any other similar materials in such a manner that may provide a rodent harborage in or about any dwelling or dwelling unit. Outside stored materials shall be stacked neatly in piles at least 4 inches off bare soil or ground. Subd. 8. Rodent Harborages prohibited in Public Areas. No owner of a dwelling containing two or more dwelling units shall accumulate or permit the accumulation of boxes, lumber, scrap metal or any other similar materials in such a manner that may provide a rodent harborage in or about shared or public areas of a dwelling or premises. Materials stored outside by the owner or permitted to be stored by the owner shall be stacked neatly in piles at least 4 inches above bare soil or ground. Subd. 9. Prevention of Food for Rodents. No owner or occupant of a dwelllng unit shall store, place or allow to accumulate any materials that may serve as food for rodents in a site accessible to rodents. \ ) Subd, 10. Maintenance of Plumbing Fixtures and Facilities. The owner or occupant of a dwelllng unlt shall maintaln all supplied plumbing fixtures and facilities therein, Subd. 11. Minimum Heating Capability and Maintenance. In every dwelling unit or roomlng unit when the control of the supplied heat is the responsibility of a person other than the occupant, a temperature of at least 70 degrees Fahrenheit or such lesser temperature required by government authority shall be maintained at floor level, when the outdoor temperature is 20 degrees below zero Fahrenheit Page 5 \ Subd. 12. Removal of Snow and Ice. The owner of any rental dwelling shall be responsible for the removal of snow and ice from parking lots and/or driveways, steps and walkways on the premises. Individual snowfalls of three inches or more or successive snowfall accumulations to a depth of three inches shall be removed from walkways and steps within 48 hours after cessation of the snowfall. Subd. 13. Minimum Exterior Lighting. The owner of a rental dwelling or dwellings shall be responsible for providing and maintaining effective illumination in all exterior parking areas and walkways. Subd. 14. Maintenance of Drivewaa and Parking Areas. owner of a multiple family dwelling or wellings shall be responsible for providing and maintaining in good condition and delineated parking areas and driveways for tenants. The paved SECTION 5, MINIMUM STANDARDS FOR BASIC EQUIPMENT AND FACILITIES. No person shall rent or let to another for occupancy, any dwelling or dwelling unit for the purposes of living, sleeping, cooking and eating therein which does not comply with the following requirements. \ Subd. 1. Provide a kitchen sink in good working condition and properly connected to an approved water supply system and which provides at all times an adequate amount of heated and unheated running water under pressure and which is connected to an approved sewer system per Ordinance No. 32. Subd. 2. Provide cabinets and/or shelves for the storage of eating, drinking and cooking equipment and utensils and of food that does not require refrigeration for safekeeping; and a counter or table for food preparation. Said cabinets and/or shelves and counter or table shall be of sound construction furnished with surfaces that are easily cleanable and that will not impart any toxic or deleterious effect to food. Subd. 3. Provide a stove or similar device for cooking food and a refrigerator or similar device for the safe storage of food at or below forty (40) degrees Fahrenheit, which are properly installed with all necessary connections for safe, sanitary and efficient operation. Such stove, refrigerator or similar devices need not be installed when a dwelling unit is not occupied and when the occupant is expected to provide same on occupancy, in which case sufficient space and adequate connections for the installation and operation of said stove, refrigerator or similar device must be provided. I Subd. 4. Toilet Facilities. Within every dwelling unit there shall be a nonhabitable room which is equipped with a flush water closet in compliance with the Minnesota State Plumbing Code. Such room shall have an entrance door which affords privacy. Said flush water closet shall be equipped with easily cleanable surfaces, shall be connected to an approved water system that at all times provides an adequate amount of running water under pressure to cause the water closet to be operated properly, and all shall be connected to a sewer system in compliance with Ordinance No. 32. Page 6 ~ Subd. 5. Lavator~ Sink. Within every dwelling unit there shall be a lavatory sin. Said lavatory sink may be in the same room as the flush water closet, or if located in another room, the lavatory sink shall be located in close proximity to the door leading directly into the room in which said water closet is located. The lavatory sink shall be in good working condition and shall be properly connected to to an approved water system and shall provide at all times an adequate amount of heated and unheated running water under pressure and shall be connected to an approved sewer system. \ Subd. 6. Bathtub or Shower. Within every dwelling unit there shall be a nonhabitable room which is equipped with a bathtub or shower in good working condition. Such room shall have an entrance door which affords privacy. Said bathtub or shower may be in the same room as the flush water closet, or in another room, and all shall be properly connected to an approved water supply system and shall provide at all times an adequate amount of heated and unheated water under pressure and shall be connected to an approved sewer system. SECTION 6, STAIRWAYS, PORCHES AND BALCONIES. Every stairway, inside or outside of a dwelling, and every porch or balcony shall be kept in safe condition and sound repair. Stairs and handrails shall conform to the Andover Building Code standards. Every porch, balcony or deck which is 30 inches or more above grade shall have a guardrail that conforms to the Uniform Building Code standards. Every handrail and guardrail shall be firmly fastened and maintained in good condition. No flight of stairs shall have settled out of its intended position or have pulled away from the supporting or adjacent structures enough to cause hazard. No flight of stairs shall have rotting, loose or deteriorating supports. Excepting spiral and winding stairways, the treads and risers of every flight of stairs shall be essentially uniform in width and height. stairways shall be capable of supporting a live load of 100 pounds per square foot of horizontal projection. SECTION 7, ACCESS TO DWELLING UNITS. Access to or egress from each dwelllng unit shall be provided without passing through any other dwelling unit. / SECTION 8, DOOR LOCKS. No owner shall let or rent to another for occupancy any dwelling or dwelling unit unless all exterior doors of the dwelling or dwelling units are equipped with safe, functioning locking devices. Rental dwellings shall be furnished with door locks as follows: Subd. 1. For the purpose of providing a reasonable amount of safety and general welfare for persons occupying multiple family dwellings with common areas, an approved security system shall be maintained for each multiple family building to control access. The security system shall consist of locking building entrance or foyer doors, and locked doors leading from hallways into individual dwelling units. Dead-latch type door locks shall be provided with releasable lever knobs (or doorknobs) on the inside of building entrance doors and with key cylinders on the , outside of the building entrance doors. Building entrance door ; latches shall be of a type that are permanently locked. Subd. 2. Every door that provides ingress or egress for a dwelling unit within a multiple family building shall be equipped Page 7 \ ) with an approved lock that has a deadlocking bolt that cannot be retracted by end pressure, provided however, that such door shall be openable from the inside without the use of a key or any special knowledge or effort. "- I ) Subd. 3. All multiple family dwellings in existence at the time this ordinance is adopted, which were not previously required to have an approved security system, shall not be subject to the requirements of Section 8, Subd. 1. SECTION 9, MINIMUM STANDARDS FOR LIGHT AND VENTILATION~ No person shall occupy as owner, occupant or let to another for occupancy any dwelling or dwelling unit for the purpose of living therein which does not comply with the following requirements: Subd. 1. Habitable Room Ventilation. Except where there is supplied some other device affording ventilation and approved by the Building Official, every habitable room shall have at least one window facing directly outdoors which can be opened easily. The minimum total of openable window area in every habitable room shall be greater of ten (10) percent of the floor area of the room, with a minimum of ten (10) square feet. Subd. 2. Nonhabitable Room Ventilation. Every bathroom and water closet compartment, and every laundry and utility room shall be provided with natural ventilation by means of windows, or skylights having an area of not less than ten (10) percent of the floor area of such rooms, with a minimum of three (3) square feet, except that no windows shall be required if such rooms are equipped with a ventilation system which is approved by the Building Official. Subd. 3 Electric Service, Outlets and Fixtures. Every dwelling unit and all public and common areas shall be supplied with electric service, functioning overcurrent protection devices, electric outlets, and electric fixtures which are properly installed, which shall be maintained in a safe working condition, and shall be connected to a source of electric power in a manner prescribed by ordinance, rules and regulations of the City of Andover and by the laws of the State of Minnesota. The minimum capacity of such electric service and the minimum number of electric outlets and fixtures shall be as follows: a. A dwelling containing one or two dwelling units shall have at least the equivalent of 100 ampere, three-wire electric service per dwelling unit. '\ / b. Each dwelling unit shall have at least one branch electric circuit for each 600 square feet of dwelling unit floor area. c. Every habitable room shall contain one (1) electrical convenience outlet for each 12 lineal feet, or major fraction thereof, measured horizontally around the room at the baseboard line, provided that in each one (1) ceiling-type electric light fixture may be substituted for one (1) of the required electrical convenience outlets. d. Every water closet compartment, bathroom, kitchen, laundry room, and furnace room shall contain at Page 8 least one (1) supplied ceiling-type or wall-type electric convenience outlet. ) e. Every public hall and public stairway in every multiple dwelling shall be adequately lighted to provide at least ten (10) foot candles of illumination of all parts thereof at all times by means of properly located electric light fixtures; provided that such electrical lighting may be omitted from sunrise to sunset where there are windows or skylights opening directly to the outside and where the total window or skylight area is at least one-tenth (1/10) of the combined horizontal area of the floor and stairway of each such public hallway and where such windows or skylight provide adequate natural light to all parts of each public hallway. Every public hall and stairway in dwellings containing two (2) dwelling units shall be supplied with convenient light switches, controlling an adequate lighting system that will provide at least ten (10) foot candles of illumination on all parts thereof, which may be turned on when needed. f. A convenient switch or equivalent device for turning on a light in each dwelling unit shall be located near the point of entrance to such unit. SECTION 10, MINIMAL THERMAL STANDARDS. , i j Subd. 1. No person shall occupy as owner, occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein which does not have heating facilities which are properly installed and maintained in a safe and working condition and which are capable of safely heating all habitable rooms, bathrooms and water closet compartments in every dwelling unit located therein to a temperature of at least 70 degrees Fahrenheit or such lesser temperature required by government authority to be maintained at floor level, when the outdoor temperature is 20 degrees below zero Fahrenheit. Subd. 2. Gas or electric appliances designed primarily for cooking or water heating purposes shall not be considered as heating facilities within the meaning of this section. Subd. 3. Portable heating equipment employing flame and the use of liquid fuel does not meet the requirement of this section and is prohibited. Subd. 4. No owner or occupant shall install, operate or use a space heater employing a flame that is not vented outside the structure in an approved manner. SECTION 11, GENERAL REQUIREMENTS. No person shall occupy as owner, occupant or let to another for occupancy any dwelling or dwelling unit for the purpose of living therein which does not 1 comply with the following requirements. j Subd. 1. Foundations, Exterior Walls and Roofs. The foundation, exterior walls and exterlor roof shall be substantially water tight and protected against vermin and rodents Page 9 '. ) and shall be kept in sound condition and repair. The foundation element shall adequately support the building at all points. Every exterior wall shall be free of structural deterioration or any other condition which might admit rain or dampness to the interior portion of the walls or to the interior spaces of the dwelling. The roof shall be tight and have no defects which admit rain and roof drainage and shall be adequate to prevent rain water from causing dampness in the walls. All exterior surfaces, other than decay resistant materials, shall be protected from the elements and decay by paint or other protective covering or treatment. If approximately 25 percent or more of the total exterior surface is unpainted or lacks protective coating or is determined by the Building Official to be deteriorated, the surface shall have a protective covering applied. If approximately 25 percent or more of the total exterior surface of the pointing of any brick, block or stone wall is loose or has fallen out, the surface shall be prepared. '\ ) Subd. 2. Windows, Doors and Screens. Every window, exterior door and hatchway shall be substantially tight and shall be kept in repair. Every window other than a fixed window or storm window shall be capable of being easily opened. Every window, door and frame shall be constructed and maintained in such relation to the adjacent wall construction as to completely exclude rain, vermin and rodents from entering the building. Subd. 3. Floors, Interior Walls and Ceilings. Every floor, interior wall and ceiling shall be protected against the passage and harborage of vermin and rodents and shall be kept in sound condition and good repair. Every floor shall be free of loose, warped, protruding or rotting flooring materials. Every interior wall and ceiling shall be maintained in a tight waterproof condition. Toxic paints or materials with a lasting toxic effect shall not be used. Every toilet room and bathroom floor surface shall be capable of being easily maintained. Subd. 4. Rodent Proof. Buildings found to be rodent infested shall be made rodent resistant. All openings in the exterior walls, foundations, basements, ground or first floors and roofs which have 1/2' diameter or larger opening shall be rodent proofed in an approved manner. Interior floors or basements, cellars and other areas in contact with the soil shall be paved with concrete or other rodent impervious material. Subd. 5. Fence Maintenance. All fences supplied by the owner on the premises and all fences erected by an occupant on the premises shall consist of metal, wood, masonry or other decay resistant material. Fences shall be maintained in good condition. Materials, other than decay resistant varieties, shall be protected against decay by use of paint or other preservatives. Subd. 6. Accessory Structure Maintenance. Accessory structures shall be structurally sound and be maintained in good repair. The exterior of such structures shall be made weather resistant through the use of decay-resistant materials such as paint or other preservatives. \ j Subd. 7. Safe Building Elements. Every foundation, roof, floor exterior and interior wall, ceiling, inside and outside stair, every porch and balcony, and every appurtenance thereto, Page 10 shall be safe to use and capable of supporting normal structural loads. 1 .J Subd. 8. Facilities to Function. All equipment or utilities required under city ordlnances and every chimney and flue shall function effectively in a safe and working condition. Subd. 9. Gradin9 and DrainaSe. Every yard, court, or passageway on the premlses on whic a dwelling stands shall be graded and drained so as to be free of standing water that constitutes a detriment to health and safety. Subd. 10. Yard Cover. Every yard of a premises on which a dwelling stands shall be maintained to prevent dust and erosion. SECTION 12, MAINTENANCE STANDARDS. Every dwelling within the City shall conform to Ordinance No. 19, Andover Building Code which adopts the Minnesota State Building Code as the building code for the City. SECTION 13, MAXIMUM DENSITY, MINIMUM SPACE, FOR RENTAL UNITS. No person shall permit or let to be occupied any rental dwelling for the purpose of living therein which does not comply with the following requirements: Subd. 1. permissible Occupancy of Dwellinr Unit. The maximum permissible occupancy of any rental dwel lng unit shall be determined as follows: , ) a. For the first occupant, 150 square feet of habitable room floor space and for every additional occupant thereof, at least 100 square feet of habitable room floor space~ b. In no event shall the total number of occupants exceed two times the number of habitable rooms, less kitchen, in the dwelling unit. Subd. 2. One Family Per Dwellin6 Unit. Not more than one family, except for temporary guests, s all occupy a dwelling unit. SECTION 14, ENFORCEMENT AND INSPECTION AUTHORITY. The Building Official shall admlnlster and enforce the provisions of this ordinance when reason exists to believe that a violation of the provisions of this ordinance has been or is being committed. Inspections shall be conducted during reasonable hours and the Building Official shall present evidence of his official capacity to the owner or occupant in charge of the dwelling unit. The Building Official shall keep confidential all evidence, exclusive of the inspection record, which he may discover or obtain in the course of an inspection made pursuant to this section and such evidence shall be considered privileged. SECTION 15, INSPECTION ACCESS. If any owner, occupant, or other person in charge of a dwelling, dwelling unit, rooming unit, or of a multiple dwelling fails or refuses to permit free access and entry to the structure or premises under his control, or any part " thereof, with respect to which an inspection authorized by this / ordinance is sought to be made, the Building Official may, upon a showing that probable cause exists for the inspection and for the issuance of an order directing compliance with the inspection requirements of this section with respect to such dwelling, page 11 dwelling unit, rooming unit, or multiple dwelling, petition and obtain such order from a court of competent jurisdiction. " ) SECTION 16, UNFIT FOR HUMAN HABITATION. Subd. 1. Any dwelling, dwelling unit or rooming unit or portion thereof which is damaged, decaying, dilapidated, unsanitary, unsafe, vermin or rodent infested or which lacks provision for basic illumination, ventilation or sanitary facilities to the extent that the defects create a hazard to the health, safety or welfare of the occupants or of the public may be declared unfit for human habitation. Whenever any dwelling, dwelling unit or rooming unit has been declared unfit, the Building Official shall order same vacated within a reasonable time and shall post a placard on same indicating that it is unfit for human habitation, and any operating license previously issued for such dwelling shall be revoked pursuant to law. Subd. 2. It shall be unlawful for such dwelling, dwelling unit or rooming unit or portion thereof to be used for human habitation until the defective conditions have been corrected and written approval has been issued by the Building Official. It shall be unlawful for any person to deface or remove the declaration placard from any such dwelling unit. \ ) SECTION 17, SECURE UNFIT AND VACANT DWELLINGS. The owner of any dwelling, dwelling unit or roomlng unit which has been declared unfit for human habitation or which is otherwise vacant for a period of 60 days or more shall make the same safe and secure so that it is not hazardous to the health, safety and welfare of the public and does not constitute a public nuisance. Any vacant dwelling open at doors, windows, or wall opening, if unguarded. shall be deemed to be a hazard to the health, safety and welfare of the public and is a public nuisance within the meaning of this ordinance. SECTION 18, HAZARDOUS BUILDING DECLARATION. In the event that a dwelling has been declared unfit for human habitation and the owner has not remedied the defects within a prescribed reasonable time, the dwelling may be declared a hazardous building and may be removed, razed or corrected pursuant to the provisions of Minnesota Statutes, Section 463.15 to 463.26. SECTION 19, COMPLIANCE ORDER. Whenever the Building Official determines that any dwelling, dwelling unit or rooming unit or portion thereof is in violation of this or any other ordinance, he/she may issue a Compliance Order setting. forth violations of the ordinance and ordering the owner, occupant, operator or agent to correct such violations. This Compliance Order shall: Subd. 1. Be in writing Subd. 2. Describe the location and nature of the violations of this ordinance. Subd. 3. Establish a reasonable time frame, not to exceed \ sixty (60) days, to correct such violation and notify the owner of / his appeal recourse. Subd. 4. Be served upon the owner, operator, and occupant, or any of them, provided that such notice shall be deemed to be Page 12 properly served upon such owner, operator, or occupant, if a copy thereof is: \ ) a. Served to he/she personally; or b. Sent by registered mail to his/her last known address; c. Upon failure to effect notice through (a) or (b) as set out in this section, service may be made pursuant to Minnesota Statutes 463.17, Subd. 2, which reads as follows: "Service. This order shall be served upon the owner of record, of his agent if an agent is in charge of the building, and upon the occupying tenant, if there is one, and upon all lien holders of record, in the manner provided for service of a summons in a civil action. If the owner cannot be found, the order shall be served upon him by posting it at the main entrance to the building and by four weeks publication in the official newspaper of the municipality if it has one, otherwise in a legal newspaper in the County."; or d. Pursuant to Minnesota Statutes, Section 145.22. \ j SECTION 20, RIGHT TO APPEAL. When it is alleged by any person to whom a Compliance Order is directed that such Compliance Order is based upon erroneous interpretation of this ordinance, or upon a misstatement or mistake of fact, such person may appeal the Compliance Order to the City Council. Such appeals must be in writing, must specify the grounds for the appeal, must be accompanied by a filing fee as designated by City Council in cash or cashier's check and must be filed with the Building Official within five (5) business days after service of the Compliance Order. The filing of an appeal shall stay all proceedings in furtherance of the action appealed from unless such stay would cause imminent peril to life, health or property. SECTION 21, BOARD OF APPEAL'S DECISION. Upon at least five (5) business days' notice to the appellant the time and place for hearing the appeal and within 30 days after said appeal is filed, the City Council shall hold a hearing thereon. The City Council shall find that the order be reversed, modified or affirmed in whole or in part. SECTION 22, RESTRICTIONS OR TRANSFER OF OWNERSHIP. It shall be unlawful for the owner of any dwelllng, dwelllng unit or rooming unit upon whom a pending compliance order has been served to sell, transfer, mortgage or lease or otherwise dispose thereof to another person until the provisions of the compliance order have been complied with, unless such owner shall furnish to grantee, lessee or mortgagee a true copy of any notice of violation or compliance order and shall obtain and possess a receipt of ~ acknowledgement. Anyone securing an interest in the dwelling, / dwelling unit or rooming unit who has received notice of the existence of a Compliance Order shall be bound by same without further service of notice upon him/her and shall be liable to all penalties and procedures provided by this ordinance. Page 13 , -' SECTION 23, PENALTIES. Any person who fails to comply with a Compliance Order after a right of appeal has expired and any person who fails to comply with a modified Compliance Order within the time set therein, upon conviction thereof, shall be guilty of a misdemeanor. SECTION 24, EXECUTION OF COMPLIANCE ORDERS BY PUBLIC AUTHORITY. Upon =a~lure to comply w~th a compliance order wlth~n the tlme set therein, and no appeal having been taken, or upon failure to comply with a modified Compliance Order within the time set therein, the criminal penalty established hereunder notwithstanding, the City Council after due notice to the owner may by resolution cause the cited deficiency to be remedied as set forth in the Compliance Order. The cost of such remedy shall be a lien against the subject real estate and may be levied and collected as a special assessment in the manner provided by Minnesota Statutes Chapter 429, for any of the reasons set forth in Section 429.101, Subd. 1, and specifically for the removal and elimination of public health or safety hazards from private property, but the assessment shall be payable in a single installment. It is the intent of this section to authorize the City to utilize Section 429.101 to promote the public's health, safety and general welfare. SECTION 25, 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 26, VALIDITY AND EFFECTIVE DATE. This Ordinance shall be effective from and after its passage and publication according to law. / Adopted this 21st day of City of Andover. April, 1992, by the City Council of the ATTEST: ) I i ,. Mayor ~itL Victoria Volk, City Clerk "\ , / Page 14 Regular Andover Planning and Zoning Commission Meeting Minutes - May 25, 1999 Page 4 , \ Motion by Daninger, seconded by Falk, to recommend to the City Council approval to the City Council of said request finding that the request meets the conditions established in Ordinance No.8, Section 5.04 Motion carried on a 6-ayes, O-nays, I-absent (Ape I) vote. ORDlANNACE REVIEW Ordinance No. 99 - ~1r. Johnson explained that the purpose of this ordinance is to protect the public health, safety and welfare of citizens of the City who have as their place of abode a living unit furnished to them for the payment of a rental charge to another. This ordinance is the initial step in the City's effort to provide a complete housing maintenance code. He noted that inspections are conducted by the building department once every two years. Chairperson Squires questioned if the building department had reviewed the ordinance. Mr. Johnson stated yes. Commissioner Dalien questioned on Page 2 under section 6 subdivision 2 why the counties listed where selected. Mr. Johnson stated that it should be revised and he didn't think it was necessary to list only a few counties. Commissioner Dalien questioned Section 15 on Page 5 if building officials really have the authority " to inspect the property at will. ~1r. Johnson stated that they are obligated to inspect the property if / there is just cause to do so noting that there has been no problems in the past with getting permission to inspect properties. Mr. Johnson stated that he will look into the wording of Section 15. Chairperson Squires suggest having the City Attorney review Section 15 to determine what exactly the City's authority is. Ordinance No. 100 - Mr. Johnson explained that this IS an ordinance establishing a housing maintenance code for the City of Andover. Ordinance No. 10 1 - Mr. Johnson explained that this is an ordinance providing for the deferral of special assessments for senior citizens and retired disabled homeowners. Commissioner Falk questioned if the $18,000 is set by the City. Mr. Johnson explained that it is set by City Council on an annual basis. Chairperson Squires suggested reviewing Section 1 with the City Attorney to verify the provision and State laws. OTHER BUSINESS Mr. Hinzman updated the Commission on City Council business. ) Regular Andover Planning and Zoning Commission Meeting Alinutes - June 8, 1999 Page 7 , Commissioner Dahlien concurred with eliminating the cost of constructing a roadway through an area of peat if there is another alternative. The Planning Commission requested staff refer their comments and those of the ARC to the City Council for their consideration at the June 15, 1999 meeting. SKETCH PLAN - SHADOWBROOK 6TH ADDITION - SECTION 25/36 _ GOR-EM, LLC. Nfr. Mike Quigley, representing Gor-em, LLC, stated the Planning Commission is requested to review the proposed sketch plan of Shadowbrook 6th Addition located in Section 25 and 36. He noted the comments of the ARC and stated the cul-de-sac does exceed the maximum length but it is difficult to change due to the unusual land. He advised there is a trail connection in Shadowbrook 5th to cross the creek. They will change Lot 23 to eliminate the double frontage lot. Lot 4 is actually in Shadowbrook 3rd and the sketch will be corrected to so indicate. Mr. Quigley stated in lieu of proposing a private street they will make the short section of roadway coming out of the to\Vnhouse development to a standard width street. Mr. Carlberg stated the ARC will review that street width change to see if it meets the concern with snow plowing. He stated the ARC agrees there is no way to connect the cul-de-sac due to the . topography of the land. / Chairperson Squires asked if this is a PUD. NIT. Carlberg stated it is not and that indication will be removed. ORDINANCE REVIEW - ORDINANCE NO. 255, DEFERRED ASSESSMENTS. ORDINAjVCE REVIEW - ORDI/\"ANCE NO. 266, RENTAL HOUSING. ORDINANCE REVIEW - ORDINANCE NO. 267, HOUSING MAINTENANCE CODE. Mr. Carlberg stated these ordinances were presented at the last meeting and the requested minor changes were made. Commissioner Dahlien inquired regarding deferred assessments should it involve a couple with only one member being 65 years of age. He asked if the surviving spouse would loose the deferment should the 65 year old spouse die. NIT. Carlberg stated he will review the ordinance language and report back. Commissioner Dahlien stated his support that the deferral be allowed to remain if the spouse is of a similar age. , ) The Commission had no other Comment on these ordinances. \ ) " ) '\ , / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: Julv 20.1999 AGENDA SECTION Non-Discussion Item ORIGINATING DEPARTMENT Planning ITEM NO. Accept Encroachment Easement 645 142nd Lane NW \ O. Thomas & Jeanne Evans John Hinzman, City Planner Reauest The City Council is requested to accept the attached hold harmless and easement encroachment agreement for Thomas and Jeanne Evans at 645 142nd Lane NW, legally described as Lot 15, Block 1, CROWN POINTE EAST 2ND ADDITION. The Evans wish to utilize an existing swimming pool and construct a deck that encroach upon the existing easement. Engineering and legal staff have reviewed the proposal. Attached is the proposed encroachment agreement. ) HOLD HARMLESS AGREEMENT AND EASEMENT ENCROACHMENT AGREEMENT THIS AGREEMENT, made this _day of , 1999, by and between Thomas J. Evans and Jeanne Evans, husband and wife, (hereinafter "Evans"), and the City of Andover, a Minnesota Municipal Corporation (hereinafter "City"). WHEREAS, Evans are the fee owners of Lot 15, Block 1, CROWN POINTE EAST 2ND ADDITION, Anoka County, Minnesota, also known as 645 142nd Lane NW, Andover, MN; and WHEREAS, Evans desire to utilize an existing swimming pool and construct a deck in the back yard of said property; and WHEREAS, a drainage and utility easement has been dedicated to the City of Andover in the plat of CROWN POINTE EAST 2ND ADDITION; and WHEREAS, Evans desire to utilize the existing swimming pool and construct a deck partially onto said drainage and utility easement, and j WHEREAS, the City is willing to acknowledge and agree to the encroachment of said swimming pool and deck assuming certain conditions are met. NOW, THEREFORE, in consideration of the foregoing and the City's consent and approval to the encroachment ofa swimming pool and related improvements onto the drainage and utility easement of Lot 15, Block 1, CROWN POINT EAST 2ND ADDITION, Anoka County, Minnesota, Evans hereby agree to hold City harmless and indemnify City from any and all liabilities, and defend against lawsuits, expenses damages, acts or failures to act, attorney's fees and court costs, which directly result from any damage Evans, or their successors in interest, may incur as a result of the City's exercise of its rights within said drainage and utility easement, and that the City not be held responsible for any damage to said improvements constructed on the City's easement caused by the City's right to excavate, flood or use said drainage and utility easement, as it deems appropriate. IN WITNESS WHEREOF, the parties have hereunto set their hands this _ day of " ; J ,1999. , , I j \ / CITY OF ANDOVER, a Municipal Corporation By: Its: City Clerk By: Its: Mayor Thomas J. Evans, Property Owner Jeanne Evans, Property Owner " I J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: July 20, 1999 AGENDA SECTION Non Discussion Item ORIGINATING DEPARTMENT Planning ITEM NO. Approve ASUP 99-07 Addition to an Auto Repair Garage Beck's Auto 13585 Thrush St. NW Megan Barnett Planning Intern \\. ReQuest The City Council is asked to approve an Amended Special Use Permit to construct a 1,144 s.f. addition '. for storage of new parts and an expanded recycling area, onto an existing auto repair garage at 13585 ) Thrush St. NW (PIN 34-32-24-32-0018). The property is zoned GB, General Business Plannine: and Zonine: Commission Review The Planning and Zoning Commission voted 5-0 to approve the proposal at the July 13, 1999 meeting with limited discussion. No comments were received during the public hearing. Attachments . Resolution for approval . Planning and Zoning Minutes ~ July 13, 1999 . Planning and Zoning Staff Report ~ July 13, 1999 " / " .J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -99 A RESOLUTION APPROVING AN AMENDED SPECIAL USE PERMIT FOR A STORAGE ADDITION, BECK'S AUTO 13585 THRUSH ST. NW (PIN 34-32-24-32-0018), LEGALLY DESCRIBED AS Lot 1, Block 3, Andover Commercial Park. WHEREAS, Beck's Auto has petitioned for an Amended Special Use Permit to construct an addition onto an existing building at 13585 Thrush St. NW (PIN 34-32-24-32-0018), legally described as Lot 1, Block 3, Andover Commercial Park. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said ) request meets the criteria of Ordinance No.8, Section 5.03 & 7.03; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and WHEREAS, a public hearing was held pursuant to state statute; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Amended Special Use Permit on said property with the following condition: 1. Reaffirmation of conditions (1-8) of Amended Special Use Permit Resolution #210-97. 2. That the Special Use Permit be subject to a sunset clause as stipulated in Ordinance No.8, Section 5.03 (d). '. ) , \ " Adopted by the City Council of the City of Andover on this 20th day of Julv , 1999. ATTEST: CITY OF ANDOVER Victoria V olk, City Clerk J.E. McKelvey, Mayor \ / '. J ,. ~\ .'- :- -. - CITY of ANDOVER' .' '..'~~' " - ~...~. ~,#, -:',' ........ J' . '. . ;':. PLANNING AND ZONING COMMISSION MEETING - JULY 13,1999 MINllTES " ..,..'l./O... ,'.-, ,..'. . . ; <,:: .;>~.:...;,:::~,.:,':..-'" ,.' . , .' -, I;' ~~~ ~~~~~~~"":;~4:4;~:~:~:'J{. ~:_~~/~~~:.:, . , . '. ' , . '. '. , . . .. ... '., ~- . " ,'. ",. ',' '. The Regular Bi-Monthly Meeting of the Andover PlaDriing and'Zoriing CoinriiissioIi-Yks: .'..:: ,., called to order by Chairperson Jay Squires on June 8, 1999,7:00 p.rn.,.at the Andover.City.:....<~.:.:;.::___ Hall, 1685 Crosstown Boulevard NW,Andover, Minnesota.: .' ',. - . , ... . ...,. "<':-'-!<~"';?',,>"':'.<:..,:~:. Commissioners present: . . " Maynard Apel, Larry Dahlien; Dean DaIiiriger~ DougIakF3Ik, '.. ': ': .~::. :::::t:;0~dlay s~,~;~;k~~ii~tt~t~1c Planning Intern, Megan Barnett ' . .. '.... -- Others ., -- . CoimniSSioI!-eci absent:. . , Also present: APPROVAL OF j}llNUTES. " June 22. 1999 / Motion by Apel, seconded by Squires, the Minutes be approved as submitted. Motion carried on a 7-ayes, O-nays, O-absent vote. PUBLIC HEARING: AMENDED SPECIAL USE PERil/IT (ASUP) - CONSTRUCT ADDITION TO REPAIR GARAGE - 13585 THRUSH STREET NW - RAYMOND BECK. Ms. Barnett stated the Planning and Zoning Commission is requested to review and recommend to the City Council the approval of an Amended Special Use Permit to construct a 1,144 square foot addition for storage of new parts and an expanded recycling area, onto an existing auto repair garage at 13585 Thrush Street NW. Ms. Barnett stated that Ordinance No.8, Section 5.03 regulates the Amended Special Use Permit process and outlined the existing criteria. She stated that Section 7.03, Special Uses allows repair garages as a special use in General Business Districts. She explained that Ordinance No.8 was applicable to this proposal. ", Ms. Barnett stated that the existing auto repair facility was constructed in 1994 under SUP 94-17. In 1997 Beck's Auto was granted an Amended Special Use Permit (ASUP 97-13), which conditions included the exterior parking had to be screened by a 6 foot wood fence, no outside storage of parts after the close of each business day, and maximum storage of 20 vehicles at a time. l Regular Andover Planning and Zoning Commission Meeting "'-'/inutes - July 13. 1999 Page 2 /- --', " ./ Ms. Barnett stated that the proposed expansion would consist of storage for new parts and an expanded recycling area, and will be architecturally integrated into the existing facility. She stated that the Andover Review Committee had reviewed the commercial site plan for the addition, and there were no conflicting issues. She stated that staff recommends approval of the proposal subject to the provisions of the resolution. The applicant was present. Commissioner Daninger noted that the area was currently fenced, and asked if the fence would be replaced after the expansion. The applicant stated that the fence runs along the property line and would not be moved. Motion by Apel, seconded by Squires, to open the public hearing. Motion carried on a 7- ayes, O-nays O-absent vote. There was no public input. ,'-'fotion by Daninger, seconded by Squires, to close the public hearing. Motion carried on a 7-ayes, O-nays, O-absent vote. ,,- ", ./ Commissioner Daninger stated that he had seen the property, and was impressed \';ith its appearance. Motion by Apel, seconded by Jovanovich, to recommend to the City Council approval of the resolution approving an Amended Special Use Permit for a storage addition, Beck's Auto 13585 Thrush St. NW (PIN 34-32-24-32-0018), legally described as Lot 1, Block 3, Andover Commercial Park. Motion carried on a 7-ayes, O-nays, O-absent vote. Mr. Hinzman stated that the Council would consider this proposal at the July 20, 1999 City Council meeting. PUBLIC HEARING: SPECIAL USE PERi.'-'fIT - (SUP 99-08) - BEAUTY SALON IN HOJJE -16430 NARCISSUS STREET NW - NANCY SUE KRIEGER. Ms. Barnett stated the Planning and Zoning Commission is requested to review the Special Use Permit requested by Nancy Krieger to operate an in-home beauty salon on the property located at 16430 Narcissus Street NW (PIN 17-32-24-11-0007), legally described as Lot 10, Block 4, Timber Meadows second Addition. Ms. Barnett stated that Ordinance No.8, Section 7.03, Special Uses allows beauty shops in all residential districts by the granting of a Special Use Permit. She stated that Section 5.03 ,. -'I I / '- Regular Andover Planning and Zoning Commission Meeting lv/inutes - July 13, 1999 Page 2 Ms. Barnett stated that the proposed expansion would consist of storage for new parts and an expanded recycling area, and will be architecturally integrated into the existing facility. She stated that the Andover Review Committee had reviewed the commercial site plan for the addition, and there were no conflicting issues. She stated that staff recommends approval of the proposal subject to the provisions of the resolution. The applicant was present. Commissioner Daninger noted that the area was currently fenced, and asked if the fence would be replaced after the expansion. The applicant stated that the fence runs along the property line and would not be moved. Motion by Apel, seconded by Squires, to open the public hearing. Motion carried on a 7- ayes, O-nays O-absent vote. There was no public input. ,l-fotion by Daninger, seconded by Squires, to close the public hearing. Motion carried on a 7-ayes, O-nays, O-absent vote. Commissioner Daninger stated that he had seen the property, and was impressed \ltith its appearance. Jl1otion by Apel, seconded by Jovanovich, to recommend to the City Council approval of the resolution approving an Amended Special Use Permit for a storage addition, Beck's Auto 13585 Thrush St. N\V (PIN 34-32-24-32-0018), legally described as Lot 1, Block 3, Andover Commercial Park. Motion carried on a 7-ayes, O-nays, O-absent vote. Mr. Hinzman stated that the Council would consider this proposal at the July 20, 1999 City Council meeting. PUBLIC HEARING: SPECIAL USE PERMIT - (SUP 99-08) - BEAUTY SALON IN HOJ.JE -16430 NARCISSUS STREET NW - NANCY SUE KRIEGER. Ms. Barnett stated the Planning and Zoning Commission is requested to review the Special Use Permit requested by Nancy Krieger to operate an in-home beauty salon on the property located at 16430 Narcissus Street NW (PIN 17-32-24-11-0007), legally described as Lot 10, Block 4, Timber Meadows second Addition. '. / Ms. Barnett stated that Ordinance No.8, Section 7.03, Special Uses allows beauty shops in all residential districts by the granting of a Special Use Permit. She stated that Section 5.03 , / , j , / CITY OF ANDOVER REQUEST FOR PLANNING AND ZONING COMMISSION ACTION DATE: luly 13. 1999 ITEM NO. 3 ORIGINATING DEPARTMENT ASUP 99-07 Addition to an Auto Repair Garage Beck's Auto 13585 Thrush St. NW Planning Megan Barnett Planning Intern ReQuest The Planning and Zoning Commission is asked to review an Amended Special Use Permit to construct a 1,144 s.f. addition for storage of new parts and an expanded recycling area, onto an existing auto repair garage at 13585 Thrush St. NW (PIN 34-32-24-32-0018). The property is zoned GB, General Business. Applicable Ordinances Ordinance No.8, Section 5.03, regulates the Amended Special Use Permit process and outlines the following criteria for review: 1) The effect of the proposed use upon the health, safety, morals and general welfare of the occupants of the surrounding land. 2) The effect on existing and anticipated traffic conditions including parking facilities on adjacent streets and land. 3) The effect on the values of property and scenic views in the surrounding area. 4) The effect ofthe proposed use on the Comprehensive Plan Ordinance 8, Section 7.03, Special Uses allows repair garages as a special use in General Business districts. \ ) " .J \, j Page Two ASUP 99-07 Beck's Auto July 13, 1999 Backe:round The existing auto repair facility was constructed in 1994 under SUP 94-17. In 1997 Beck's Auto was granted an Amended Special Use Permit (ASUP 97-13), conditions included the exterior parking had to be screened by a 6' wood fence, no outside storage of parts after the close of each business day, and maximum storage of 20 vehicles can be at a time. General Review . The proposed expansion would consist of storage for new parts and an expanded recycling area. . The proposed expansion will be architecturally integrated into the existing facility. . The Andover Review Committee has reviewed the commercial site plan for the addition, there were no conflicting issues. Commission Options 1. The Planning and Zoning Commission may recommend to the City Council approval of the Amended Special Use Permit request for an addition to Beck's Auto located at 13585 Thrush St. NW, legally described on the attached resolution. The Commission finds the request meets the requirements of Ordinance No.8 2. The Planning and Zoning Commission may recommend to the City Council denial of the Amended Special Use Permit request for an addition to Beck's Auto located at 13585 Thrush St. NW, legally described on the attached resolution. The Commission finds the request does not meet the requirements of Ordinance No.8. In recommending denial of the request, the Commission shall state those reasons for doing so. 3. The Planning and Zoning Commission may table the item pending further information from Staff. \ ) '. J " I Page Three ASUP 99-07 Beck's Auto July 13, 1999 Recommendation Staff recommends approval of the proposal subject to the provisions of the attached resolution. Attachments . Resolution . Location Map . Site Plan . Site Pictures . Special Use Permit Application . Notice of Public Hearing , / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -99 A RESOLUTION APPROVING AN AMENDED SPECIAL USE PERMIT FOR A STORAGE ADDITION, BECK'S AUTO 13585 THRUSH ST. NW (PIN 34-32-24-32-0018), LEGALLY DESCRIBED AS Lot 1, Block 3, Andover Commercial Park. WHEREAS, Beck's Auto has petitioned for an Amended Special Use Permit to construct an addition onto an existing building at 13585 Thrush St. NW (PIN 34-32- 24-32-0018), legally described as Lot 1, Block 3, Andover Commercial Park. WHEREAS, the Planning and Zoning Commission has reviewed the request and has ~ determined that said request meets the criteria of Ordinance No.8, Section 5.03 & 7.03; and j WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and WHEREAS, a public hearing was held pursuant to state statute; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval ofthe Special Use Permit as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Amended Special Use Permit on said property with the following condition: 1. Reaffirmation of conditions (1-8) of Amended Special Use Permit Resolution #210-97. 2. That the Special Use Permit be subject to a sunset clause as stipulated in Ordinance No.8, Section 5.03 (d). " ) , J j J Adopted by the City Council of the City of Andover on this 3rd day of August, 1999. ATTEST: CITY OF ANDOVER Victoria V olk, City Clerk J.E. McKelvey, Mayor .. / )~ City of ASUP 99-07- CITY OF ANDOVER Andover Beck's Auto 13585 Thrush St. ld-' I I I I -1 ~7T H I \I IT ~~ 1 " ~ ~, ~ ~i - "'56 ,3&" ";"l 2'38 2'''' ~ ~ g: ~ 1':.... --------- I p: 1: '6TH AVE 1 ~ ~ '35M , ~ ; 13585 m 2352 /------ I. - - ~ 13567 :z3.43 / -- ~ 135TH LN.~ 23116 ~ , a ~\ ~~JJ1 rY trH AVR" ~ \ r~ -I:-_ ~ '3~T- I~ ~- CJ / -- ~ S \ I - 7 ~ ---1 C ~ATL . -, JI~~ LEGEND I'~... N ~H ~ . Sources: ,V Subject Property 0 35a Mailing Boundary fA Andover !'ngineering ~...-; Andover GIS , N Street Center lines CJ Properties Notified . -a: ~I" V-~ Anolal County GIS Parcels I LOCATIONn ~ ? cdC '" :; rt'JI B Lot I Parcel Boundaries ' "~ ~), 1 inch- 490 feet RF - U,883 Right-of-Way , hI Water Features MaD Date: June 28,1999 , , " Nl1ld cs~~~:i ,. ,. . 1#. :-.' -' '\ ). t I ~a'H'O II~I," )C ....,'" mIN H.lIm ~ CIH'r' __ c:Hf ilL"' IINIl11X1 lI/IoOI.GIIII "LSIY"19 ~ ~191XV '") I J r-- I I I I I L_____ 010019 ~ .GI-,. 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",.;",1"- ~ ~1' :;~~':'~L~~~\ '_ "'~-~4~t,;'....;:~ "':'1:"Y:;{;;~'~"- ,.'J~ : /. :"~~Y'~~', I I '. . -,', ...... -~t~~. ;} 't~..,,:""[ ~~ :"-'~:;?~~ ~ IXiI I I I~)J I I I I I~ I~ ~ Jli X I I I I t , I ) I I ! 1 '1 Beck's Auto 13585 Thrush St. '\ I / , , ! I , ! 1,1 r ' , , t ,_ ' " ' -, _ _. . .! ~-". ,-, '.' , -, .'. j - ..-...... ." -- - -' - -- .. ~ - - , - - .. .' -~'~ ' ,~, ,"'. - ~~; ~".--:..:. '~_':::'~_~"':"~'~~C_~''''::''''__"~C~_,~.-''':'__-o-~~.J Proposed Site for Addition /' ) . .'.~~.,.:. ..... . .~jii::::: . "';do..,.";;.:,;:""- . . ~..- f I t--.-. .... .... .. -. .... ..... . - i4II';;':..'--''''." ~""'_:'_ :."."_....:....:: 7!"Y;;;;::;;~"'::' I~''''C'CC''':':<::C:'''''';.'''~ '. -'. '..-'- :ry:~~:::=-:-.c-..'.::.:;,..,..,..::::.::.."":.r;::...'::.;.:.,.:..:::-~\_:.-. .:.:,..- "_' ":".. '.;'" . ..,...,..., . . . "'. '-....' "..... . ,. ,. ..., ',' ;~!;;1JJ~E]'~.~~ij"~:~1t;S.5";~~' /~ ::>,,: .,- . ,...' '-~:"- .z~;':G;~';1~~~:tfI~E.~~i.:[,~'~1 . ". ....- .. : _' .' :-;.:::...;..".:." ~ '.:-::: -;:.::2: +:": :~::::::::- ::::~'::::':~'::":.+'::: \ \ , CITY of ANDOVER 18815 CROSSTOWN BOUI.EVARD N.W.. ANDOVER. MINNESOTA 156304. (1112)7156-15100 Amended SpaCIAL US8 PBRMIT property Addre.. 13585 Thrush St. NW, Andover Legal De.cription of Propertyt (rill in whichever i. approp~i.te)s Lot 1 Block 3 Addition Andover Commercial Park (If mete. and bound., attach the complete legal ducript1on. ) I. the prQpe~tys Abstract x or Torrena ? (~hia lnfor.ation .uat b. provided and can be obtained froA the ~~~~EI~l____~~_______W___"____M~_____~___________~~_____~________ PIN 34-32-24-32-0018 Reason for Request We nee~ mnrp pn~ln~p~ ~r~~~ ~nT n~~ r~r~~ ~~nr~~~ ~n~ for exnannpn rp~y~l;n~ ~r~~ , Section of ordinance Current zoning ____NN_H_____H_~__"_______________~____NH_.______________________ Name of Applicant Raymond Beck Address 13585 Thrush st. NW, Andover, MN 55304 Home phone 755-8414 Bu.inel5 Phone 754-6030 ~~~::~~::_::1:~~_~:~________________~:~:__~~:~~~~-------- Property Owner (Fea Owner) (If different from above) Add re II "\ / Home Phone Signature Business Phone Date ___""~~"__~~______~__~__.__~_________N___________________________~ SPECIAL USE PERMIT PAGE 2 The following information shall be submitted prior to review by the City of Andover: 1. A scaled drawing of the property and structures affected showing: scale and North arrow; dimension of the property and structures; front, side and rear yard building setbacks; adjacent streets; and location and use of existing structures within 100 feet. 2. The names and addresses of all property owners within 350 feet of the subject property. Application Fees: Commercial $200.00 Residential $150.00 Amended SUP ($i'OO.OO:> Recording Fee Abstract property ~ Torrens property $40.00 Mailing labels ~ {, ~ I ~ a Date Paid ,/'2 1'".1 Sflo1J-Sf /01 Receipt # Rev. 5-06-93:d'A 5-04-94:bh 2-01-95:bh 3-22-95:bh 9-30-96:bh 1-07-97:bh 6-03-98:bh Res. 179-91 (11-05-91) CRITERIA FOR GRANTING SPECIAL USE PERMITS In granting a Special Use Permit, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission and: 1. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. 2. Existing and anticipated traffic conditions including parking facilities on adjacent streets and lands. 3. The effect on values of property and scenic views in the surrounding area. \ 4. The effect of the proposed use on the Comprehensive Plan. :supapp 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 will hold a public hearing at 7:00 p.m., or as soon thereafter as can be heard, on July 13, 1999 at Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota to review Amended Special Use Permit request of Beck's Auto to construct a 1,144 s.f. enclosed storage addition located at 13585 Thrush St. NW legally described as Lot 1, Block 3, Andover Commercial Park (pIN 34-32-24-32-0018). All written and verbal comments will be received at that time. A copy of the proposed application will be available for review prior to the meeting at City Hall. ~. 'I!Lb \ Victoria V olk, City Clerk Publication dates: July 2, 1999 July 9,1999 PIN 343224320012 PIN 343224320014 PIN 343224320010 HUGHES JAMES A & SANDRA G & R ELEVATOR MFG INC SONTERRE DOROTHY R OR CURRENT RESIDENT OR CURRENT RESIDENT 2356 BUNKER LAKE BLVD NW 13624 THRUSH ST 2352 COMMERCIAL BLVD ANDOVER, MN 55304 t 'OVER, MN 55304 ANDOVER, MN 55304 , . . PIN 343224320011 PIN 343224320012 PIN 343224320014 GIESKE JUDY & PFEIFFER LAURI HUGHES JAMES A & SANDRA E G & R ELEVATOR MFG INC 13654 THRUSH ST NW 12083 ROBIN RD 2353 COMMERCIAL BLVD NW ANDOVER, MN 55304 MAPLE GROVE, MN 55369 ANDOVER, MN 55304 PIN 343224320015 PIN 343224320018 PIN 343224320015 MULCAHY GARY T BECK RAYMOND C & CYNTHIA K MULCAHY GARTY T 05232 N GLENBROOK AVE 11 132ND AVE NE OR CURRENT RESIDENT 13586 THRUSH ST OAKDALE, MN 55128 BLAINE, MN 55434 ANDOVER, MN 55304 PIN 343224320016 PIN 343224320019 PIN 343224320017 MULCAHY GARY T GERADS KEITH C & TRACY L ARENT JONATHAN & JUNE 05232 N GLEN BROOK AVE 11835 DAVENPORT ST NE 4091 176TH AVE NW OAKDALE, MN 55128 BLAINE, MN 55449 ANDOVER, MN 55304 PIN 343224320020 PIN 343224320018 PIN 343224320019 PETERSON ROBERT 0 & LYNNE B BECK RAYMOND C & CYNTHIA K GERADS KEITH C & TRACY L OR CURRENT RESIDENT 17136 ARGON ST NW 13585 THRUSH ST 13567 THRUSH ST ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER. MN 55304 '\ -j PIN 343224320020 PIN 343224320017 PETERSON ROBERT D & LYNNE B ARENT JONATHAN & JUNE OR CURRENT RESIDENT OR CURRENT RESIDENT 2306 135TH LN 2343 135TH LN ANDOVER, MN 55304 ANDOVER, MN 55304 PIN PIN PIN PIN PIN PIN PIN PIN PIN . , PIN PIN CITY OF ANDOVER REQUEST FOR COUNCIL ACTION / DATE: July 20, 1999 AGENDA SECTION Non-Discussion/Consent Items ORIGINATING DEPARTMENT Todd Haas, .d Engineering ~ ITEM NO. . ~;prove Plans & Specs/99-21/Sunshine Park Shelter The City Council is requested to approve the resolution approving plans and specifications for Project 99-21, Sunshine Park Shelter as recommended by the Park and Recreation Commission. Attached is an elevation sheet of the proposed shelter for your review. The roof will have asphalt shingles. All fascia, exposed trim, railing sections are proposed to be cedar construction (attached is the general structural specification). Also to be included with the base bid will be a 3 sided billboard with a triangular roof. The location is on the attached map. Also included in the bid will be 2 custom grills, 6 picnic tables and 7 waste receptacles. '. If you have any questions about the shelter and construction, feel free to contact David / Almgren, Building Official. Note: If you recall, this will be paid from park dedication funds. '1 / , CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. ; / MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 99-21 ,FOR SUNSHINE PARK SHELTER. WHEREAS, pursuant to Resolution No. 027-99 , adopted by the City Council on the 1st day of June ,1999, St. Croix Recreation Co. Inc. has prepared final plans and specifications for Project 99-21 for Sunshine Park Shelter . WHEREAS, such final plans and specifications were presented to the City Council for their review on the 20th day of Julv ,19~. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. ) BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 AM Auqust 3 , 19 99 at the Andover City Hall. MOTION seconded by Councilmember and adopted by the City Council at a reqular meeting this 20th day of Julv , 19 99 , with Councilmembers voting in favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. voting CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor ) Victoria Volk - City Clerk - '\ , / CODE DATA: 1. '99.3 B.O.C.A. 2. 60 PSF Pg GROUND SNOW .3. 80 MPH WL 4. 8 PSF DL + GLULAM FRAMING WT. ELEV A TIO N 45' -0" DESIGN CRITERIA: SOIL VALUES: Allow'd Brg = 2000 p.s.f. Allow'd Lot'! = 200 psf Water Table > 5' below finish grade "'_.3" 22'-6" 19'-9~" CNR/CNR 18'-9i" CNR/CNR ,,. _.3" _ "'1NC. VALUES: .,nc. = 2500 psi (min) Rebar = Grade 40 <> <> COLUMN BASE REACTIONS: VDL+LL = 10000# (vert.dwnwd) VDL-VL = 0# (vert.upwd) HDL+\IL = 25.30# (horz) MDL+1/2 LL+VL = , 8200 ft-Ibs #5 x 16' HAIRPIN REBAR TYP. AT EACH COLUMN 48"" FOOTING TYPICAL 12"" FOOTING TYPICAL FACE TQ CTR. I- Z (5 CL .z \ G/$ l- V> 0 CL "<t x "<tV> io I- lL-n:: I 00 r-- wCL zCL _::J -1 V> n::~ wz I- - z~ w<C un:: ,( 4'-'0~" ~ \/: 4'-'O~" P111 ~ . : jlll Ij'\ (1/ ~ ~\\ ./ '- I I CTR. LINE COL.----j 2~-~ ~ 2~-~ I 'I DESIGN NOTE: Size of cone pier is based on ollowable stresses listed; if soil con- itions are poorer than the stated values, the size of footings must be re-designed accordingly. Final slab and footing design is responsibility of the Owner and General Contractor. , CTR. LINE COL. , / 2'-6" 40'-0" 2'-6" 6.300L CONCRETE LAYOUT PLAN , I / City of Andover Andover, MN Project No. 99-21 The City of Andover is requesting proposals from qualified contractors to provide all materials and labor to install one 45' Deerfie1d Gazebo to the folIowing specifications: General Structural Specifications: , ) 1) Gazebo shall be a 45' Hexagonal 'Deerfie1d' model structure from Litchfield Industries, Represented by St. Croix Recreation Company, Inc., 651-430-1247. Approved Equals wilI be considered. Approvals must be submitted no less than seven (7) days before the scheduled bid date. 2) Structure shall meet or exceed 60#psf static snow load. 3) Structure shall meet or exceed 100 MPH wind load. 4) Set-up drnwings must provide a stamp from a structural engineer, certified in the state of Minnesota. 5) Structure shall have a minimum 7: 12 roof pitch. 6) Al110wer columns shall be stepped and be glue laminated, treated for ground contact and attached to a fabricated and galvanized steel base shoe. Base shoe shall be embedded into pier. 7) All supporting rafters shall be free-span glue laminated pine. 8) All intermediate pur1ins shall be glue laminated pine. 9) Second tier structural support columns shall be glue laminated pine. 10) Second tier structural rafters and purlins shall be glue laminated pine. 11) Roof decking shall be tongue and groove 2x6 Southern YelIow Pine, with V-cut inside exposure, #1 Grade. 12) Roofing shall be 30# felt paper with 250# Asphalt shingles over, with coordinating drip edge. 13) All fascia and exposed trim shall be 100% S4S # 1 cedar construction. 14) Four Railing sections utilizing cedar construction shall be provided and installed and shall have a footing supported, 4"x4" center support and shall have intermediate V. distance supports as well. 15) Cupola shall be all cedar construction, with standing seam, copper roof. 16) Upper and Lower Tier shall have lattice treatment of 100% cedar construction, including wind braces at lower tier. 17) Provide one framed p1exiglass sleeve to accommodate reservation permit and user permit. , / P-l " I / " / -1 -1 <(0 rn-1 f-w l..L.l..L. o (f) CROSSTOWN BLVD. ( o o ~ f 1 i l:l I .. a;1ie I ~w ~ilB . ..J~ I ili~ . Ii I ~ I f ;:1< . ::l ~;! !l$' '" __El.LC1RICAl. (APROll. _ l..F.) _ W IE G ~~b (;;1" I:lll.S , . ; -1 -10 <(-1 rnw 1-l..L. l..L. o (f) PLl J o o ~ t.oC~ ION CJF f~~ro EP P//..I../?c>AfZ.J:>. b UEi CITY OF ANDOVER REQUEST FOR COUNCIL ACTION I J DATE: Julv20, 1999 AGENDA SECTION Non-Discussion/Consent Item ITEM NO. ~prove Quotes/99-29/Pavement Markings L". ORIGINATING DEPARTMENT Todd J. Haas, ~ Engineering The City Council is requested to approve the quotes for Pavement Markings, Project 99-29. Quotes received are as follows: Vendor Quote Precision Pavement Marking AAA Striping Service Co. $6,439.92 $7,898.02 ($0.053 per linear foot) ($0.065 per linear foot) Pavement markings are done annually. This was budgeted for this year. I , ;' CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ / DATE: July 20. 1999 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT ITEM NO. Approve Quotes/99-19/ 3580 - 144th Avenue NW/SS & WM /4. Todd Haas, ~~ Engineering ~ The City Council is requested to approve the quotes for 3580 - 144th Avenue NW, Project 99- 19 for the improvement of sanitary sewer and watermain. Quotes received are as follows: Contractor Quote Volk Sewer & Water, Inc. Old is Gold, Inc $10,301.50 $10,580.00 \ The home at the address is under construction and will need the municipal sewer and water. / The quotes are higher than anticipated, so therefore the proposed assessment will be higher. Attached are the quotes for your review. '- . i 1999 10:08 6125310164 VOLl< SEWER AND WATER PAGE El3 QUOTE FORM -::rv 1...., 1<0 . 199.:1. ! Honorable Mayor and Member of the City Council City of Andover 1685 Crosstown Boulevard NW Andover, Minnesota 55304 SUBJECT: City of Andover, Minnesota 3580 - 144th Avenue NW Utility Improvement Project City Project No. 99-19 Gentlemen: We the undersigned, having carefully examined the site of the proposed work, the plans and contract documents prepared by the City of Andover for the subject project, do hereby propose to furnish all labor, tools, material and equipment, and incidentals required for the complete construction of said project and such other work as may be incidental thereto for the following unit or lump sum prices: ITEM Section 1 - Sanitary Sewer 1. Mobilization 1 lS 2. Connect to MH & construct 4" PVC SDR 35 1 lS inSide drop 3. 4" PVC SDR 35 Service Pipe 4. 4" PVC SDR 35 Cleanout 5. 1" Type "K" Copper Service Pipe 6. 1" Corporation Stop 7. 1" Curb Stop with Curb Box 8. Remove/Dispose & Replace Concrete Curb & Gutter 9. Remove/Dispose Bituminous & Replace 170 SY Bituminous (Typical Section 4" Cl5 2Yz" Bituminous Wear Course Type 41) 10. Sod 11. Topsoil QUANTITY UNIT PRICE TOTAL <O~O.OO 1.150.00 $ L,M.DO/lS $ $1 \50.00/lS $ $ 12.00/lF $ $ IDO.OO/EA $ $ Ci.OOILF $ $' 5'5.00/EA $ $1 50. 00 lEA $ $ ?S2 .00 IlF $ $ '2.cV\5/SY $ 89 IF 1 EA 6A LF 1 EA 1 EA 40 LF I.O~B.OO W.(X) 4B~. 00 55.00 150.00 12~O.CO 5.00(0. 50 $ iDOO ISY $ 300.00 $ I (g. 00 ICY $ qfD.OO $10.30 I. 50 50SY 6CY TOTAL The undersigned bidder also agrees to enter into a contract with the OWNER within ten (10) days after the OWNER'S acceptance of this Proposal or any section or sections thereof, and further agrees to complete the entire work covered in the contract award within the time period designated by the City. In submitting this bid, it is understood that the OWNER reserves all rights tp reject any and all bids. and it is understood that this bid may not be withdrawn within a period of sixty (60) days after the scheduled time for the receipt of bids. 1 l \/O\..K SEWEP. ~ 'WATe.P.. INC- (I)(di0aUla'l,lP;~; Corporation BY:~'" '-f'<.. '1.ft.-lA.. :PRE.~IOE.""1 caqoq 8AS<:' ~e..e..t'.- c:...r Address:~ooK.L"'N '"'PAR IC... (VI N 5'542.8 Phone: (P12.-COo'1-2..q2..t FA-x; CoI~''531- O/l.oq JUL 16 '99 113:17 61253113164 PAGE. 133 , " -' .ii:.', c f1-'1rP! 1);WtL. 6, ef./O ~~.ar I~ r FAX NO. 612 434 6467 QUOTE FORM Honorable Mayor and Member of the City Council City of Andover 1685 Crosstown Boulevard NW Andover. Minnesota 55304 SUBJECT: City of Andover, Minnesota 3580 - 144th Avenue NW Utility Improvement Project City Project No. 99-19 Gentlemen: -n_M. -~:. :7':,_:~;_~~.~__: P.01 199,2 We the undersigned, having carefully examined the site of the proposed work, the plans and contract documents prepared by the City of Andover for the subject project. do hereby propose to furnish all labor, tools, material and equipment, and incidentals required for the complete construction of said project and such other work as may be incidental thereto for the following unit or lump sum prices: ITEM Section 1 - Sanitary Sewer 1. Mobilization 2. Connect to MH & construct 4" PVC SDR 35 inside drop 3. 4" PVC SDR 35 Service Pipe 4. 4" PVC SDR 35 Cleanout 5. 1" Type "K" Copper Service Pipe 6. 1" Corporation Stop 7. 1" Curb Stop with Curb Box 8. Remove/Dispose & Replace Concrete Curb & Gutter 9. Remove/Dispose Bituminous & Replace Bituminous (Typical Section 4" CL 5 2%" Bituminous Wear Course Type 41) 10. Sod 11. Topsoil QUANTITY UNIT PRICE "0 $ 50/) - /LS $ $ ~t)~/LS $ $ 30 C.P /LF $ $ 100 ~ lEA $ $ .:xJ~ ILF $ $ $Cf)~ /EA $ $ ;)D:) tt9 /EA $ $ aooo ILF $ $ ,fb~ ISY $ TOTAL 500'" -S-~ eP :J(P7l/'.$ ~(j~ tJM: ~ .;)00 ~ /;).00(9 8Y~o ~ >SC1~ J~O~ /D , t;f://R!f!, I The undersigned bidder also agrees to enter into a contract with the OWNER within ten (10) days after the OWNER'S acceptance of this Proposal or any section or sections thereof, and further agrees to complete the entire work covered in the contract award within the time period designated by the City. TOTAL 1 LS 1 LS 89 LF 1 EA 54 LF 1 EA 1 EA 40 LF 170 SY 50 SY 6CY $ 5~ /SY $ $ .~~~ ICY $ $ In submitting this bid, it is understood that the OWNER reserves all rights to reject any and all bids, and it is understood that this bid may not be withdrawn within a period of sixty (60) days after the scheduled time for the receipt of bids. I -II/J /J /1 , IJM fi4 I~~J (Individual; Partnership; Corporation By: ~5~ f:;rjI- Address: I t.f<ld- V 'iP~ ~ Phone: /1,/2. - Y3Y - 'J RI? . _ f ",,/_ II 0 (!J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION '. ) DATE: Julv 20. 1999 AGENDA SECTION Non-Discussion/Consent Item ITEM NO. Terminate Pending AssessmenU95-5/ )4122 Prairie Road 15. ORIGINATING DEPARTMENT Todd Haas, / Engineering The City Council is requested to terminate the pending assessment for 14122 Prairie Road NW, Project 95-5. Attached is a letter dated June 29, 1999 from the property owner, Mark Menth requesting the city to terminate the project. Mr. Menth has decided to redo his septic system. .... Note: All expenses incurred under Project 95-5 will be assessed to future improvements on this project. J '-, / '1 ) ) '. ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION TERMINATING PROJECT 95-5, SANITARY SEWER, AT 14122 PRAIRIE ROAD NW. WHEREAS, the City Council had previously approved Project 95-5, sanitary sewer; and WHEREAS, the property owner has decided to reconstruct his existing septic system and not connect to the municipal sewer system. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby terminate Project 95-5, sanitary sewer at 14122 Prairie Road NW. BE IT FURTHER RESOLVED by the City Council of the City of Andover that all costs incurred under Project 95-5 will be assessed to any future improvements on this property. MOTION seconded by Councilmember City Council at a reqular meeting this 20th Councilmembers favor of the resolution, and Councilmembers and adopted by the day of July , 19 99 , with voting in voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk , J , / S6-~~ 61:1~ AM . . ~./'? ,~ /7.;/~i?.t./l!!'_ ~Pt9/~q..' // //-:;'/.' 7' tt::P p? ~ /- ///"7~~ - a~C',.h../,....~ ,;t',A',:?H /~ ",-;J,. '7" t::? A' /7"..-J ,c:-; ~ ,/ c:? 7A t"...- ~ ~/ e 2- {.,.t.h // ?'Jt.? T p(3 c /....(V'O k"~5 Vp:? ~-.;::; ~ ~f? 5~~ .-......-. ~..y,./~ 70./'. -::n/?~ ~-<11-~/ / y / ~ Z pO",-J;#'/~ /',/' 4, ../, C/a../ ~..... /?71 ...../ f \ JUN 29 '19 13'10 PAGE. 02 \ , / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , ) DATE: luly 20. 1999 AGENDA SECTION Non-discussion ORIGINATING DEPARTMENT F'nance /",'"""" I '--'\ Jean D. McGann ITEM NO. \r~~rove Transfer of Funds/Budget Revision Backl!:round: In 1995, the City of Andover issued a Certificate ofIndebtedness for $515,000. This debt will be paid off on February 1,2000. Part of this bond issue required the City to use funds on hand for payment of a portion of the debt. The total amount of City funds required was $135,174. Of the total amount required, $69,914 remains to be paid. These funds should come from the Capital Equipment Reserve Fund. '. In 1997, the Water and Sewer Enterprise funds should have transferred a total of $47,000 to the Certificate ofIndebtedness Fund. Due to an oversight, this transfer was not made. $35,000 should be transferred from the Water Fund and $12,000 from the Sewer Fund. I / Request: The Andover City Council is requested to approve the following resolution revising the 1999 Water, Sewer and Certificate Indebtedness Budgets. The Council is also requested to approve a transfer in the amount of$69,914 from the Capital Equipment Reserve Fund to the Certificate ofIndebtedness fund. Please contact me at 767-5110 or jmcgann@andovermn.com with any questions or concerns. '. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ) RES. NO. R - - 99 RESOLUTION MODIFYING THE 1999 WATER FUND AND SEWER FUND FUND BUDGETS. and WHEREAS, the City of Andover Water and Sewer Funds are primarily supported by user fees; WHEREAS, the preparation and adoption of operating budgets is recognized as sound financial management for planning and monitoring financial condition; and WHEREAS, the City Council of the City of Andover passed Resolution Number R-245-98 establishing the 1999 Levy; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby revises the 1999 Enterprise Fund Budgets as submitted, with revisions to expenses in the amount of $35,000 in Water and $12,000 in Sewer. , Adopted by the City Council of the City of Andover this 20th day of July, 1999. / CITY OF ANDOVER ATTEST: J. E. McKelvey, Mayor Victoria V olk, City Clerk \ / CITY OF ANDOVER REQUEST FOR CITY COUNCIL ACTION \ ) DATE: July 20. 1999 AGENDA SECTION Non-Discussion/Consent Item ITEM NO. Approve Change Order #3/97-2/ \'1. Andover Commercial Park (Phase II) Site Grading ORIGINATING DEPARTMENT Scott Erickson~ Engineering The City Council is requested to approve Change Order #3 for Andover Commercial Park (Phase II) Site Grading, Project 97-2 with E & H Earth Movers. This change order accounts for a portion of the additional work previously discussed with the Council and EDA. Please note that there will be a final change order for this project once all work has been completed. J , J ) / , / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #-1... TO PROJECT NO. 97-2, ANDOVER COMMERCIAL PARK (PHASE II) SITE GRADING. WHEREAS, the City of Andover has a contract for Project No. 97-2 with E & H Earth Movers. Inc. of Lake Elmo. MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No. 97-2. Adopted by the City Council of the City of Andover this Julv . 1999. 20th day of CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk CHANGE ORDER / TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED Engineers-Architects-Planners Saint Paul, MN July 12 19 99 Comm. No. 11283 Change Order No. 3 To E&H Earth Movers for Commercial Park Grading and City Hall Grading Project (97-02) for City of Andover, Minnesota You are hereby directed to make the following change to your contract dated July 21 ,19~. The change and the work affected thereby is subject to all contract stipulations and covenants. This Change Order will (increase) (decrease) (net eflafl~c) the contract sum by Three Hundred Forty Thousand One Hundred Seventy Two and 70/100 ($ 340,172.70 ). CHANGE ORDER No. 3 This change order compensates the Contractor for all work completed through April 1, 1999 on a Time and Material basis. This is in accordance with City of Andover Letter to E&H Earth Movers Inc. of June 14, 1999 - Attached. Change Orders 1 and 2 are included in this work, and are hereby deleted. , All individual quantities in the Base and Alternate Bid are included in this change order, and are hereby deleted. ) All crushed material has been removed and is included in this change order. NET CHANGE = $ $ 340,172.70 $ 603,139.30 Order No. 's 1 and 2) $ 0.00 $ 0.00 $ 603,139.30 $ 340,172.70 $ 943,312.00 Amount of Original Contract Additions approved to date (Nos. Change Deductions approved to date (Nos. Contract amount to date Amount of this Change Order (Add) Revised Contract Amount Approved Owner TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED -::-=~ Thomas D. Prew '-- By Approvod fr;/~L' Av~ !,.k p ~ Con rac'or //~ ~) Whi te - Owner Pink - Contractor Blue - TKDA By , / / . , -.' -: .': - ~ . - .; .:/i_~'~~:,;;;' ", .~:;.:..~ ';'.' -. .... "t..: '-'.: .' '.,':. .~ "'". .;..... ~ ;.. "- J " I ".::i;{;l~~:~.F:;;;t~ . . -'-. -. . . ~_''-'..' ~'~'.'" ~-~"\I '. . ~. ~".!.7 . . ,..; :..~,-: CITY of ANDOVER . ~ . ~ . 1685 CROSSTOWN BOULEVARD NW.-ANDOVER, MINNESOTA 55304 ;. (61,2} !55-,5joq ',<' . .' ~.: ..,-' :- h':' '.- ..:.'- ;.:; :::~:"~':~;};'-'.E:~--)::~:~:-:~':' '. ;~.~. '/"~2~~? June ,14,1999 ", .~~..:,>:-;~ '." . -: Terry Emerson" , , . "",". ~f9~~~: ~~v~rslnc: '. '. .... .~0)}{t,;~\7~~~{;~~C$i~ ,. .~::;.:m:J;~::~~~rci~' Pirl<'~~~i~~;6~'~Rij~}.!tjqtri1~{t.~.~f~. . .' - .- . . - - .... . - '" .... ,.. .- :.:. ." :-".-. '. '~':~';-'~.'~. ..,-' ..,~ ...~:.. Dear Mr. Emerson: To summarize our discussions relating to the work performed by E&H Earth' Movers Inc. on the Andover Commercial Park grading and clean-up project. 1. The City of Andover would agree to pay E&H Earth Movers Inc. for'the work- completed to-date in the amount of $913,312.00 (some of which has already been paid under contract items). E&H would agree that this amount would, cover all costs associated with the work already completed on the project. This amount was generated from the documentation provided by E&H Earth Movers Inc. in the April 28, 1999, correspondence. There would not be any additional payment requests or claims relating to the work previously completed on this project. 2. E&H would complete the work remaining on the project and be paid as follows: - The excavation of the poor soils on the NW corner of the site would be paid for on a T&M basis. Hourly equipment rates will be used which include the contractors overhead and profit. - The grading to be completed on the SE corner of the site will be paid for under contract prices (as defined in the change order for this work) for common excavation. - The removal of the rubble pile and the construction of the sliding hill north of Bunker Lake Blvd. will be paid for under a T&M basis. E&H will use hourly equipment rates which include overhead and profit. - The removal of the crushed material will be paid in a agreed upon lump~um amount of $30,000 once the material is removed from the site. ," ,..... I I ('.. " ~;. ~.~. ...... ',(~ . ~ . -: ':.. ~:.~ftt. 'o"h :'_.\1~)~: ,~." .....":";... . '''-,:::0:;- - The redistribution of the existing pile of sand located on the:SE area ofthe ' "\';~:: site, will be paid for under original cont~act unit prices'for 'commonexciaya\ion." , ' :';: The topsoil pile at this same 10~tionwi1[bespread,unaer previouslypaid.top::;oil ':0"'; .'.;.'>~ . .. ;. . .0.:" .:.; ;',:- ThiS shoiJld provide 'a compJete'acc,ourif'Of~orrrarr~a'CWcoinPletficf~~a fhewbrl(":?,", <......;:.'1{ remaining to, be, compreted9n the p~oject>Jf tllisi:s'agreeable to.~~H/i.:w6ur~: ';:',,>,:: ..,.: 'o.';:.)}}.;; ...... '.~ suggest we both sign ihis'letterinaicafirig:an~tinHerstandln~fofhBviptevrousry"::~:.:.~,.,~t~;;~';':~\::';~~rf . +%"f...~e0:;;jd,t:1r\!f~W~~~~;;:~t~~i!~~'~;~~~~~~~~~\~~~f*1 -. '-. .--", . '''. ".-'- . .', . - "'j ~t"._; '. ~- / -. "'~.:',\,''; Scott Erickson City Engineer Date Terry Emerson 'Date E&H Earth Movers Inc. ' , SE:rja cc: William Hawkins - City Attorney Richard Fursman - City Administrator Tom Prew - TKDA CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , \ , J DATE: July 20. 1999 AGENDA SECTION Non-Discussion/Consent Item ITEM NO. Approve Quotes/97 -8/Chesterton Commons/ ~rm Sewer Extension \~)l . ORIGINA T1NG DEPARTMENT Scott Erickson, ~L Engineering The City Council is requested to approve the quotes for the extension of storm sewer in the Chesterton Commons development, Project 97-8. The quotes are as follows: Contractor Quote Volk Sewer & Water, Inc. Old is Gold $6,375.00 $6,850.00 A variance to the 100 ft buildable was granted to the lot adjacent to the storm sewer pipe which once the home was constructed on the lot resulted in the need to extend the storm sewer one additional pipe length. It is recommended to fund this work from the PIR fund. -' . , '- j O~\&( ~.{tL DATE Julv 20. 1999 ITEMS GIVEN · TOTHE CITY/COUNCIL . Park and Recreation Minutes - July 1, 1999 . Special Park and Recreation Commission Minutes - July 6, 1999 . City Council Minutes - July 6. 1999 . Planning and Zoning Minutes - July 13, 1999 . Letter from Julie Shofner - July 6. 1999 . Letter from Mr. & Mrs. Tony Orhn . June 1999 Monthly Building Report . Schedule of Bills PLEASE ADDRESS THESE.. ITEMS A TTHIS MEETING OR PUT THEM ON THE NEXT AGENDA. THANK YOU. .pl+t.# NIP ~laG/tTkW' ~~~~~tV (J,/Ty ~lelw./I -r-dD-Cf( ~/!I+N'J::. .$TZwe/~Y'/H ~l?f,D:- t. c. July 6th. 1999 RECEIVED JlJ.. - 7 1900 CITY OF ANDOVER Andover City Park Board Andover City Hall Andover, MN 55304 Dear Board Members: As I was wa1king my dogs this morning I was asked to leave Sunshine Park. I understand there are many good reasons not to allow dogs in the park. However, for me as well as many other residents, this puts us in an unusual and often dangerous situation. We have waited a long time to have a safe place to walk and finally the city has provided us with one. Until the path around the entire park and down Highway 18 is completed the only safe way to make this loop and return home is through the park. I keep my dogs on a leash and under control at all times. They are also not allowed to relieve themselves of any bodily functions while going through the park. I respectfu11y ask that you would reconsider your pet rules to allow us to use this path during hours when there are few people using the park. Early morning and late evening hours are usually when the park is quite. This would be a great time to walk our pets and allow us a safe return home as well. I would also like to bring to your attention the danger of kids still biking along highway 18 between Sunshine Park and Andover Blvd. This has been a concern in the summer time as well as during school months. Without the shoulder to ride on these kids are riding on the road. With the addition of many new houses in the past year the situation continues to worsen. Unfortunately many children are on their own and unconcerned or unaware of the dangers of riding down this stretch of road. As you continue to add walk ways to our city I would urge you to keep this area foremost in your plans. Thank you for taking the time to consider these important issues. Sincerely, ~)M Julie Shofuer ~ .~. , ( ~ . ~. C.C. PPt{2J:f:,4NV ~EU!EAT'i~N b('l1(H,"jJio,. 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I TO: Mayor and City Council FROM: David Almgren I RE: 1999 Monthly Building Report ,June (Revised) I BUILDING PERMITS ! PermiUPlan ,Tax Total Valuation 46 Residential 39 S/W 7 Septic $ 72,869.14 ~ $ 2,659.50 $ 75,528.64 $ 5,319,000.00 4 Additions $ 2,241.53 ! $ 58.95 $ 2,300.48 i $ 117,900.00 6 Garages $ 1,581.53 $ 29.40 $ 1,610.93 $ 58,740.00 Remodeling/Finishing $ - 1$ - 2 Commercial Building $ 6,273.30 ;$ 469.85 $ 6,743.15 i $ 939,168.00 1 Pole Bldgs/Barns $ 245.03 $ .4.45 $ 249.48 I $ 8,900.00 6 Sheds I I $ 451 .21 $ 6.80 $ 458.01 I $ 13,600.00 4 Swimming Pools $ 328.25 $ 8.30 $ 336.55 $ 16,500.00 2 Chimney/Stove/Fireplace $ 138.25 $ 2.55 $ 140.80 $ 5,147.00 2 Structural Changes $ 164.96 $ 2.50 $ 167.46 $ 4,500.00 64 Porches/Decks $ 5,785.75 $ 81.05 $ 5,866.80 $ 161,220.00 Repair Fire Damage I $ - 15 Re-Roof $ 788.50 I $ 17.60 $ 806.10 $ 49,509.00 7 Other $ 200.45 I $ 2.60 $ 203.05 $ 5,258.00 159 SUBTOTAL $ 91,067.90 I $ 3,343.55 $ 94,411.45 $ 6,699,442.00 I PERMITS i FEES COLLECTED 159 Building Permits $ 91,067.90 i $ 3,343.55 $ 94,411.45 Ag Building $ - Curb Cut $ - 2 Demolition $ 45.00 $ 45.00 Footing $ - Renewal $ - Moving $ - 44 Heating $ 3,189.29 $ 22.00 $ 3,211.29 14 Heating Repair $ 320.00 I $ 7.00 $ 327.00 40 Hook Up $ 1,000.00 $ 20.00 $ 1,020.00 37 Plumbing $ 4,143.09 $ 18.50 $ 4,161.59 60 Plumbing Repair $ 967.00 $ 30.00 $ 997.00 43 Pumping $ 129.00 $ 129.00 8 Septic $ 315.00 $ 4.00 $ 319.00 8 Septic Repair $ 280.00 $ 4.00 $ 284.00 40 Water Meter $ 2,000.00 $ 20.00 $ 2,020.00 47 Certificates of Occupancy $ 188.00 $ 188.00 18 Contractor's License $ 450.00 $ 450.00 41 License Verification Fee $ 205.00 $ 205.00 Health Authority I $ - 40 Sewer Admin. Fee $ 600.00 $ 600.00 40 SAC Retainage Fee $ 420.00 $ 420.00 2 Reinspection Fee $ 84.00 $ 84.00 10 Rental License $ 500.00 $ 500.00 34 Fireplaces $ 1,520.00 $ 17.00 $ 1,537.00 687 TOTALS $ 107,423.28 $ 3,486.05 $ 110,909.33 I I I , , Total Number of Homes YTD 1999, I 224 Total Number of Homes YTD 19981 2281 Total Valuation YTD - I 19991 $ 30,115,291.00 Total Valuation YTD - 1998! $ 32,854,194.00 Total Building Department Income YTD- 1999 $ 495,178.62 Total Buildina Deoartment Income YTD- 1998 ! $ 379,165.99 I CITY OF ANDOVER REQUEST FOR COUNCIL ACTION Date July 20, 1999 AGENDA SECTION Approval of Claims ORIGINATING DEPARTMENT Finance r\ Shirley Clinton U/' I ITEM NO. Schedule of Bills REQUEST: The Andover City Council is requested to approve total claims in the amount 0[$ 2,489,724.60. BACKGROUND: Claims totaling $ 112,649.85 on disbursement edit list #1 dated 07/13/99 have been issued and released. Claims totaling S 799,967.25 on disbursement edit list #2 dated 07/20/99 will be issued and released upon Council approval. Debt service payments totaling $1,577,107.50 due 08/01/99 will be wire transferred on 07/29/99 upon Council approval. Date: 07/20/99 Approved By: ~!,d Payments to be wired to the following: Due Date: AUQust 1.1999 I ' -- I Funds to be wired on: Julv 29. 1999 , I I Pavee Bond Name Principal Interest Total Amount US Bank G.O. Impr. Bonds-1993A 365,000.00 40,788.75 405,788.75 US Bank G.O. Impr. Bonds-1994C - 21,741.25 21,741.25 US Bank G.O. Impr. Bonds-1995A - 49,430.00 49,430.00 US Bank G.O. Impr. Refunding Bonds-1995B 155,000.00 6,591.25 161,591.25 US Bank Cert. of Indebtedness-1995C - 4,243.75 4,243.75 . US Bank G.O.Tax 1ncr. Bonds-1993B 50,000.00 . 6,220.00 56,220.00 Sub-total 570,000.00 129,015.00 699,015.00 US Bank G.O.Tax Incr. Bonds-1996 70,000.00 49,631.25 119,631.25 US Bank G.O. Crossover Refunding Bonds-1996 310,000.00 19,937.50 329,937.50 US Bank 'G.O. Impr. Bonds-1996 55,000.00 11,506.25 66,506.25 US Bank G.O. Refunding Bonds-1997 210,000.00 9,292.50 219,292.50 I Sub-total 645,000.00 90,367.50 735,367.50 US Bank G.O.Tax Incr. Bonds-1995D - 142,725.00 142,725.00 Sub-total - 142,725.00 142,725.00 Grand Total 1,215,000.00 362,107.50 1,577,107.50 '" '" . . . . . . 0", " t:lOt:lOO 0 . . . ..'" "', I I , I I ~ '" '0 . . .....0 0 0000::) 2 0 . . I-' t'tTI-' ~~..a~....:I ~ . . "'.. .Q , 1-'1-'....1-'.... i. " . . .....1-' . t..IW\.oJWW " . . 1-'20 0"," .................... '" '" '" . . :::5; ~~a \,Q\,Q\D\OI,Q , 0 . . . \D\D\D\D\D I-' C ,... . . ~o 1-"0 \D\D\D\,Q\D 0 ':' . . . I-' ...." I I I I I 0 . . ,...1: .....~~ 00000 " . . ~ 0 C'I ~ G". '.11 V'1 "- . . 0 ~ , \0 w.... ""....:I 0 . . '" . 0 , . . "0< 0" 00000 0 .. . . 1-'''' 0 ....:1-..1-..1....:1..... ~ I-' . . .. ... 0'0 .................................. ... . . ...'" I-' "- .................... ~ . . 1-'''' . 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