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HomeMy WebLinkAboutCC April 18, 1989 o ,0 DATE: April 18, 1989 ITEMS GIVEN TO THE CITY COUNCIL Planning & zoning Commission Minutes (3/28/89) Regular City Council Minutes (4/4/89) PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA. THANK YOU. o o **************************************************************** ~~************************************************************~* ~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ WHAT'S HAPPENING? 9~ ~~ ~~ ** ~~ ** ~~ ** ~~ ** :: April 18, 1989 :: ~~ ** ~~ ** ~~ ** ~~ Howard Koolick will be starting on April 24, ** :: 1989. :: ~~ ** ~~ ** ~~ Radium Bill ** ~~ ** ~~ ** :: Senator Dahl also has introduced a bill that is :: ~~ proposed to provide funding for a study by the ** :: Minnesota Geological Survey and the Minnesota :: ~~ Department of Health. ** ~~ ** ~~ ** :: Attached are the recommendations of the BWSR :: ~~ (Board of Water and Soil Resources) Staff based ** :: on the program evaluation they performed on the :: ~~ Coon Creek Watershed District. ** ~~ ** ~ ~ . ** ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~ ** ~~ ** ~~ ** ~ ~ ~~ ** ~ ~ ~ ~ ~~ ** ~~ ** ~ ~ ~ ~ ~~ ** ~ ~ ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~ ~ ~ ~ ~ ~ ~~ ** ~ ~ ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~ ~ ~ ~ ~:************************************************************~: ................................................................ 1..- ~~ Southbridge Office Building 155 South Wabasha Ave" Suite 104 51. Paul, Minnesota 55107 (612) 296.3767 Regional Offices Northwest Region 1819 Bemidji Ave. Bemidji, MN 56601 218,755.3963 Northeast Region Government Service Cenler 320 W. 2nd Street Room 603 . Duluth, MN 55802 2t8.723.4752 West CentrClI Region 611 Iowa Avenue Slaples. MN 56479 218.894.1692 South Centr..,,1 Region Box 75& New Vim. MN 56073 507,354.2196 Southeast Region Friedell Bldg~, Room 100 1200 S. Broildway Rodw$ler. MN 55904 507,285,7458 SOlllh\\'l~!'I1 Rl.~ion 80),111 1400 E.l~'on Slrcel MM,hall, MN 56258 507.537.7260 East Central Region Soulhbridge Office Building 155 South WJbasha Ave., Suite 104 51. Paul, MN 55107 612.296,3767 o An [(llI,ll ()I)lllutUl,il\'llllIJloyt'r ~E-G EJ'VE H~D CITY OF ANDOVER March 23, 1989 Mr. Mel Schulte, President Coon Creek Watershed District 550 Bunker Lake Blvd. Andover, Mn. 55303 Dear Mr. Schulte: I would like to thank you for inviting the BWSR to conduct a Program Evaluation in your watershed district. As you know, this evaluation is a prototype for watershed districts. BWSR staff spent several hours discussing District activities and procedures with your administrator and engineer on March 2 and 3, 1989. We appreciate the cooperation and assistance we received. The evaluation process centered around a series of questions organized under the categories of Compliance Checks, Appointments, Employee Policies, District Operations, Relationships, and District Perceptions/ Ideas. Based on district responses to these questions and a review of district files, BWSR staff developed a number of recommendations. Recommendations on the more minor items are detailed in a BWSR staff report previously distributed to managers. The two primary recommendations are contained in this letter. Recommendation 1: THE DISTRICT SHOULD HAVE A FULL TIME ADMINISTRATOR AND ITS OWN OFFICE. The District should be commended for having taken the initiative to hire an administrator. The current arrangement is to contract for administrative services on an hourly basis with a consultant operating out of his business office. \. o Mr. Me1 Schulte, President Coon Creek Watershed District March 23, 1989 Page Th>ree including reestablishing an Advisory Committee. The District must further strengthen its communications efforts. Many questions and concerns voiced by District residents and other local officials could be answered pro-actively through a strong Communications Program. The Advisory Committee should be used in designing an effective Communications Program. They could help the District decide what information needs to be disseminated, who needs to get the information, and in what form the information should be presented. Key communication program elements should include brochures, news art i c 1 e s , d ire c t m a i Ii n g S , and s 1 ide or v ideo pre s en t at ion s . An attractive brochure can be developed describing the District and its role. A focused effort can be p1ac~d on getting news articles written with enough flair to be picked up by local newspapers. Periodic direct mailings or newsletters can be sent out to all residents and perhaps can be jointly mailed with municipal newsletters. Many municipal newsletters are. currently sent out and contain articles such as a "Mayor's Message", articles on municipal activities, etc. These comJIlunication elements can be used for routine presentations to the County and cities. This will help coordinate District plans, programs, and project activities. We see several advantages to establishing a Communications Program: Increased public awareness and unders.tanding special purpose local governments have sometimes been characterized by. critics as "invisible" or "hidden" government, as they are less well known than general purpose units of govern- ment. Increasing communications will allow the District to assume a pro-active role in describing the resource needs. Improve inter10ca1 relationships the District needs support from other local units of government to be success- ful. Strong communications with other local units will help build understanding and confidence in District programs.. It is vitally important for the District to develop working partnerships with the cities, county, and soil and water conservation district. o .... o o Evaluation Ideas from Coon Creek w.o. Evaluation COMPLIANCE CHECKS Bookkeeping: -The Manager's should direct staff to provide a monthly summary financial report and strive to understand the budget in it's entirity. -The District is implementing the recommendations of the state Auditor's report. Plans and Reports: -The District individually consults other agencies when updating the overall plan. It would be beneficial to also involve the groups collectively. -The plan should be used in making decisions at monthly board meetings or else it is not serving its' purpose as a policy plan. -The W.O. should request to present and review their annual report with the County commissioners, and provide copies to affected local units. General Compliance Checks: -The bistrict should develop a records retention. plan with the assistance of the Department of Administration pursuant to M.S. section 138.17, subd. 7, and the Minnesota Historical society. -A citizens advisory Advisory committee rotational basis. committee is being formed, good! members will attend W.O. meetings a on -Anoka County commissioners should make an appointment to the term that expired in May 1988. .1 .. o o Committees: -The district currently has no standing of committees for matters such as communications with staff. , committees. and finance Establishment may improve staff Reports: -Reports are mailed to managers before the meeting. Good! Treasurer's Report: -currently a monthly treasurer's report is not submitted to the managers at the monthly meeting. We recommend that a monthly. treasurers report be prepared and contain a program summary, interim budget report, and list of bills payable. The financial report should then be officially approved at the district meeting. Managers absolutely need to have a fundamental understanding of the Watershed District budget. but do not have We recommend that -Bills are currently presented to the managers dates worked listed or how many hours worked. this be done. Minutes: -Minutes are generally complete and contain resolutions describing board actions. Minutes should show actual votes with names for and against motions. -Permit numbers should be referenced in resolutions. Pertinent topics should be covered in more detail (e.g. "letter from Jim Birkholz reviewed" doesn't reveal what the subject was) . -Minutes should be signed by the secretary or other appropriate board member on a regular basis. COMMUNICATIONS Mail handling: -The situation where mail is routinely forwarded leaves much to be desired. We recommend a single mailing address be designated for the watershed district and that someone open the mail daily and route accordingly. 3 .. . . c:> Public Relations: -The District generates publicity through newspaper articles on its' activities. A tour was held in July for residents. We commend you on these activities to inform people of your activities. -The District should produce a-brochure explaining its' programs. Relationships with other Agencies: -The District should review its' annual objectives with the county commissioners and city councils to foster good communication. -The District has initiated a joint meeting with the Anoka Soil and Water Conservation District. We hope these cooperative efforts continue! Training Needs(Staff Perception): -W.O. would like the BWSR to have a strong role inprov iding training. Support Needs(Staff Perception): -A managers handbook and uniform accounting system would be good for watershed districts. -More legal guidance from the state would be beneficial. Manager Development (Staff Perception): - It was believed that managers would appreciate-more training on Chapter 112 responsibilities from the State. Need to "represent the entire district, not just their own city. -Also there was concern for the district's mission. provide drainage or asthetically pleasing open space? Is it to -More und~rstanding is needed of other State and Federal units of government that deal with water. _-Managers need to take decisive action when necessary. o 5 o 7:30 P.M. 9:00 P.M. o CITY of ANDOVER Regular City Council Meeting - April 18, 1989 Call to Order Resident Forum Agenda Approval' Approval of Minutes Discussion Items 1. B. Hay Sewer Request 2. Creek ridge Estates storm Sewer 3. Ordinance 8 Amendments 4. Kirby Estates Sketch Plan 5. Storm Drainage/Tulip Street 6. Kensington Estates 4th Addn. Final Plat 7. CCWD Legislation 8. D. Lawrence Rezoning 9. Crosstown Blvd. Storm Sewer, Cont. HRA Meeting (Nordeen Addition Bid) Closed Meeting (F.D. Employee) Staff, Committee, Commissions 10. Comm. Park Purchase Agreement 11. Olson Tires 12. Disaster Plan Approval 13. URder~o~Rd stora~e Tank Leak Detectim. 14. Authorization to Hire P.W. Employee 15. City Celebration/Downtown Center 16. Approve Evaluation Forms 17. Assessment Abatement 18. Funding for Furnace Conversion/City Hall 19. .'\.~prove Letter To liB. Dept. of Health Non-Discussion items 20. Award Bid/88-35A/Test Well 21. Basemc8t Approvals 22. Joint Powers Agreement/Signal 135th & RLB 23. Execute Option/Laptuta Property 24. Approve Plans & Specs/89-8/Kensington 4th 25. Approve Plans & Specs/89-1/ward Lake Drive 26. Approve Plans & Specs/89-2/Tulip Street Approval of Claims Adjournment o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE April 18, 1989 ITEM NO. Approval of Minutes BY: V. Volk BY: AGENDA SECTION NO. Approval of Minutes ORIGINATING DEPARTMENT Administration APPROVED F AGENDA The City Council is requested to approve the following minutes: April 4, 1989 Regular Meeting V MOTION BY TO COUNCIL ACTION SECOND BY o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION NO. DATE ORIGINATING DEPARTMENT April 18, 1989 Discussion Items Engineering BY: ITEM NO. B. Hay Sewer Request BY: James E. Schrantz The City Council is requested to consider the request of Bruce Hay to amend the Comprehensive plan's sanitary sewer service area to include that property (approximately 50 acres) owned by him located on the lower southwest corner of Round Lake. Currently, we are requesting sewer capacity through the Anoka interceptor that will soon connect to the C.A.B. interceptor for Rosella Sonsteby. The Hay and Sonsteby properties both are currently in the Metro Service Area #3. The Coon Rapids interceptor service area is in Metro Service Area #2. This will require a Comprehensive Plan Amendment. Attached are letters from Karla R. Wahl, P.A., Bruce Hay's attorney. -~ COUNCIL ACTION MOTION BY TO SECOND BY o o Law Offices ~ , /ij (/V )) ~' ~ YR. CffJ4 9% 4717 IDS Center 80 South Eighth Street Minneapolis, Minnesota 55402 (612) 330-3040 Karla R. Wahl March 21, 1989 The City of Andover 1685 N.W. Crosstown Boulevard Andover, Minnesota 55304 A'ITN: Vicki Re: REQUEST FOR BE PLACED ON APRIL 4, 1989 CITY COUNCIL AGENDA Dear Vicki: The undersigned is an attorney representing Bruce Hay. By this letter, you are requested to place Bruce Hay on the agenda for the City Council meeting scheduled for April 4, 1989. Bruce Hay hereby requests that the City of Andover amends its sewer service area to include that property (approximately fifty acres) owned by him located on the lower southwest corner of Round Lake. Your attention to placing this matter on the April 4th agenda is appreciated. Sincerely, v1!~ i td~ Karla R. Wahl KRW:smn cc: Bruce Hay o o Law Offices ~!JR. ~J4' 9d 4717 IDS Center 80 South Eighth Street Minneapolis, Minnesota 55402 (612) 330-3040 FAX (612) 330-3060 Karla R. Wahl Bridget Fisher Legal Assistant April 5, 1989 The City of Andover 1685 N.W. Crosstown Boulevard Andover, Minnesota 55304 ATIN: Vicki Re: Hay Request to be on April 4th City Council Meeting Agenda Dear Vicki: This letter will confirm our conversation on April 4, 1989 in which you advised me that the city attorney had pulled the request of Bruce Hay to be on the April 4, 1989 City Council meeting agenda. You advised me that the City Council would not hear any request of Bruce Hay at the April 4, 1989 meeting. The reason given to you by the city attorney for not allowing Bruce Hay to be on the April 4th agenda was that the appeal period has not yet expired for appeal from the recent decision by the Minnesota Court of Appeals. This letter is to request that Bruce Hay be placed on the agenda for the April 18, 1989 City Council meeting. Sincerely, 9{a~ f. td-Jcf Karla R. Wahl KRW:smh cc: Bruce Hay o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION NO. DATE ORIGINATING DEPARTMENT Ap r il 18, 1989 ITEM NO. Discussion Items ,(,. Creekridge Estates Storm Sewer Engineering ~~ AP:yP~_"0 irE FOR AG ",DA 1; _ '-. BY f BY: Todd J. Haas The City Council is requested to review and discuss the problems that have risen in creekridge Estates about grading, the possibility of storm sewer extension, and erosion. These have been problems since the first few homes were built in this area of the plat. Staff has worked with property owners to determine what should have been done by the builder and/or developer. The problem the property owners have is that once the lot has been closed on, the builder leaves the grading for the property owner and/or leave them short of what the grading plan indicates. Attached is a supplement of a purchase agreement which is given to all of the builders in Creekridge from the developer. Staff has attached the letter from Ken Gust indicating the plat had been graded according to grading plan. Options that are available for the City to consider are: 1. To extend the storm sewer pipe of drawing #1 (has been installed and paid for by the developer) to north end of Block 2 as shown in drawing #2. The estimated cost would be approximately $20,970. This cost would include common borrow to bring the existing grade up. 2. Re-grade the area according to the grading plan to eliminate standing water. 3. Do nothing. The other concern that may arise is who will pay. The City does not have a budget set aside for these types of projects. . COUNCIL ACTION o MOTION BY TO SECOND BY .... I H'-:-j...."y'~ "n !' -[j~"'J 1 \r-ll'~~' ...'. ' I ~__ . ~ .;: B~.f( '~ ~ \~~~ , ?~ ~A. .1 I'. .~..~::.~.;.:.!;..C..., R-4 . 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I~, , ~ ~ - '. 'Q 0"" ~ I i I 1:,. ~.. , . (~~). )/1\1" r.t ~ 1-. :v~\ ./; 7.1;;. " ~.,. - I . i ! '-',} ~\~ (, ~jj - <', t,' ~~/.~\...I j~ \, ~81.~~ : ;t~ .:! J', 1q$~ .I~' !~'I.; ~O '. ,.~ . ~ Ii.!. ,bi.}. ~ ~T,,~ '^J III t-~.. .....:.:.::'.-..... ... ~... \ 'l/ ~t:J). t\j. P . IL' . t.. I .... .... ~ ~ ....q- (~, l~ ~ r- C,. I .':. ~-~ 1".'./ C!>..,.....\ /. ~: - L' . - _.L .," I ./1:' ~ l;>;.a oJ \ l: : . ^'- . .;?..,. \ \. \~ .LY' ,-z,'/.t{ '. \, ';! I 79.- \ ...::. ".. . ./, .....~~__.' ~+ ...\ \gt./u\.~. . (;~ ~.. ~-):, t~h) .~IJ) .~... -1 ": '~\ . ' .. .'fi\ (/1~) I ~t:J" .1 . . / . ': i;- '.}..~ :.: '/. ..' , ~ ,_ I' \ /- k~ I/.. i :-...., . . L' l \ ~ "117 81.0 ~ I' . r ~ 78,7 ..: '\ ~ ~~ f,),;j' "I~ V r~. ~ ~~ 1..':';\ b a,\ ~ c; Itl u ~ V ~ tw, ",~:.. , ~~~ 'I', '...... '/.5"110 1 l-- I '\. I ,. : t;..::,.. ,..~...... , n. '-.. \ '-1. J .~ t : - '!:. ';' -;: ........:.......,:;; k :79.' ~~~~.. ~ ~ ~v~~l~<! L(/L,.4.r~p.?€~!!!r..~~. 10f,(1.. J .~?,:.<:.-... '.. ~.:).,8~ '!I. ('. . 0' Y . I" "" / ~ . ': .~.~ tt; r;;'> ...~ ~~. .r~no..7~ ~~~. . . '''::''~i;'1 ~.... .~'1"'" I :;.;.(.:~!.., . . (-'.!d., ,it~. }.. " ,~:: . ~...' ~~..,,~. ~. " ,. .~:.. ~ rv .. j !i(y~. n.... ..... ~.,.( ......, ~ . .....os- . , f- ;.r. , ~~. ....... .e., ,~'" .'. ~e'OOI . o,--.J .' 7\.. ,~.\'''. . "",-:,. '<, ............ ~ ......"" ...'~ .;/; t,., }~ ;::~'i~' ~. '~~-~. ~~ q.;~;: )A..~~~il; O/\.. J ~ ~~ c::-........~, <"".' _(~ . 'lo~ ,. o~~. ~ '.~'"'Cl:.,,' > .'" ~~~, .ra..y f Eo/... - l....!' ,.....:~ 1f. ~ """" <8 :-.... ~':"?G'-"""'" . . ' ~" ~:::. ~~~ ~.'i ~r~~~ T9r~ t- . i-r\ . -~~)~;) ~,~.T~ ,.. ~'~'..." ~ ..... ,> l) ~ \(1Q,3 './).; t> ~ . :.~ ~. ~ ~,' 'Iv (A' ~T----... '" '~~I. t- ; 'i- I^ '- I -~\~ W-'\ ~ <9..::: , -........... ,~~.... o I I I I J 1 . 10 .. . ..- 4' ~ .~ K~n Gust Enterprises 199 Coon. Rapids BLVD, s. ,209 . Coon Rapids, MN 55433 .-..' "'.786-8022 .. .. . " ~ :. ,:':> . ~.:::{~:. :~"~'.',;:. . .' . . . : .... .}:';:.-.", . .~. ,~. -,-" "-;. :'-.' ",' October 26, 1988 MEMORANDUM TO: Whom It May Concern FROM, ReI?=- "P: D~~per . Subject: Creek Ridge Estates, Andover Completion of Grading Grading for the subject property was substantially completed in 1986, in accordance with the approved grading plan, except ... for a few lots along the east which required fill which has ?been completed. . Tolerances for completion was plus or minus .2' for roadways and minus .4' for yard areas which needed black dirt and sod. The drainag~ problem inth~ near yards at center, of pldt is . because the city installed storm outlet was. .4' too high and .. the builders and homeowners did not place black dirt and sod ~n their rear yards. The. developer should be released of any furth~r responsibility on this project. :',:{ KG: jm .....,..- . ~......_.-...- .... .-..... ,'J'", "".- o . . ~. entitled to commence any improvements whatsoever on the property :.:=.:.~~:. ~~_:"~~' " ~ .~. _._.-J' :-..;: J ~...... ::'. .... _. a ~. ".; o .:.:;..: ~.. ...; ,. until: "..~-.-.,,_.::..~!::. .~:.::'- (a) Buyer has forwarded to Seller a copy of the plans .. with respect to the sinqle family res idence to be constructed by Buy~r on said lot and received the Seller's written approval from either Richard S. Carlson or Edwin A. DroppS, Jr. or their desiqnated aqent. It is specifically understood, however, that notwi thstandinq. the fact that the Seller reserves the riqht to approve said plans prior to Buyer commencinq any construction or beqinning any work on the lot, Buyer shall remain fully liable, as between the Seller and Buyer, for the sufficienc' . tended pose an use, an , .eover, Buyer sha solely responsible for compliance of said plans with the Development Plan entered into between Seller and the Cit (b) Buyer has delivered to Seller evidence that it has obtained and will maintain durinq the term of the purchase Money Mortqaqe at its expense, but for the mutual benefit of Seller and Buyer, qeneral .public liability insurance and workman~s compensation insurance. These insurance policies shall cover claims for personal injury, wrongful death and property damaqe occurrinq in or on the premises sold hereby to Buyer. Such insurance is to afford protection to a limit of not less than $500,000.00 in respect to injuries or death to a sinqle person, to a limit of not less than $500,000.00 in respect to anyone accident, and to a limit of not'less than $100,000.00 in respect to property damaqe. Buyer shall also secure and maintain, at Buyer's expense, but for the mutual benefit of Seller and Buyer, 'property insurance (builder's risk) on said home under construction. Thes~ insurance polici~~ shalt cover the buildinq under cons truction, md tarials and suppl ies on premises and the contractor's and subcontractor's equipment on the premises from all perils, includinq fire with an endorsement (Form DF3). ._ _0 - 3. Minimal Construction Standards. Unless specifically waiv~d in writinq by Seller,. the Buyer aqrees to comply with the .........a.. .'__. :.. 0 ~ o. .., - . .. .. - followinq minimum construction standards: o. - ::;~:. w.:.=.:.:lg. pi9~ng ~n ~C~_~~~~~ -- ""- :':1 -2- / o o (a) .. ~. No dwelling shall be'constructed with an identical front elevation as a dwelling constructed on an adjacent lot. (b) Excess fill must be removed at the expense of Buyer and at the. direction of the Seller. (c) During th.e peri'od of construction of any improvements on the lot, the lot shall be kept reasonably clear and free of debris. Cd) Signing shall not be permitted on a lot, except one construction or "For Sale" sign, not exceeding 9 square feet. (e) Any tree removal order shall be complied with ,in accordance withth~ city building inspector. .'. . (f) After construction of improvements to the property, the boulevard shall'be sodded and a boulevard tree shall be planted not more than 100 days subsequent to the issuance of a Certificate ccu anc .. Buyer agrees to provide finish grading and build any improvements to the premises in accordance with drainage plans approved by the City of Andover and agrees to indemnify and hold Seller harmless from any problems created by improper grading of the lot. (h) Buyer agrees to pay all connection and permit fees, source of supply gas and electrical hook-ups. (i) Buyer will remove any rubbish, including stumps and brush from the building site. (j ) Buyer shall promptly, and accurately, replace any lot corner stakes which are removed or displaced during Buyer'S construction of the improvements. Buyer expressly understands that all lot corner stakes are to be in place and visible after the sod has been laid and prior to a Certificate of Occupancy being issued by the City of Andover with respect to the improvements. In the event the street, curb, in-place.utility stubs or in=place wiring or piping in boulevard or street are -3- l ) / 451'" AYE.. 8 EKRIDGE II INV 873109 PR JEer 86- g q ~ , ~ z '0 DOVER, MN 2. \- - II) " ~ , 10 ...J q >- Q pt. <3 J 5 ~ (, II Z 0 g 3 J 5 2 12. 4 1 3 4 '3 b z 3 8 1.1' ,,,,,"2C,P 1oJt.. I'LA2(1) E~D s&t."'f4 3<4 tF I'" 2C.'I' ~ .{-4'S (.1' .....2C>> INV 870.60 rr- INV 870.93 10 IS' le.ltc-I> INV 868 62 2 ly 5 o 4 Ii" 3 \ 4 i 5 / . l ) /45'1'" AYe., 8 \I EKRIDGE INV 873.09 PR JECT 86- g 'I ~ . ,,2. t..1' ..,' u.P eO.607o , ~ Z 10 DOVER, MN z. J.I'" 1A.2 lNV 810.'31&-.) \- ~ 1111.n tJ) II) " ~ ., 10 ..J q r () ct .. G I ~ c, " "Z. 5 . -100 LI' 1'5- RC.'P 0 g 3 <a o.~" ,. "J 5 2 12 4 1 3 4 '3 b z 3 J.I...8'1Oo~ \4. ~LF 1....ItCP~ !1"V~-4'11.F I'O"I'!." INV 870.60 ... . INV 870.93 l.F 1~'1ZG'/ ')0.. INV 868 62 2 1.5 5 o 4 1(, 3 4 / 5 o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION April 18, 1989 DATE BY: FOR ITEM NO, O/lGINAJING DEPARTMENT annlng ~~ Jay Blak~ity Planner . AGENDA SECTION. Items NO,D1Scusslon 3. Amendments REQUEST The Andover City Council is requested to review the following amendments to Ordinance 8 (The zoning Ordinance): 1) An amendment moving enforcement responsibilities from the Building Inspector to the City Planner. 2) An Amendment that updates and clarifies section 8.07 (the sign section). ORDINANCE 8, SECTION 9 staff recommended that the enforcement responsibilities be placed in the Planning Department and ultimately with the City Planner, as most of the enforce is currently handled by the Planning Department staff. PLANNING COMMISSION RECOMMENDATION The Planning and Zoning Commission reviewed the proposed amendment. A public hearing was held and there was no opposition to the proposal. The Planning Commission unanimously recommended approval of the amendment. STAFF RECOMMENDATION Staff recommended approval of the proposed amendment. COUNCIL ACTION MOTION BY TO SECOND BY o Page 2 Ordinance 8 Amendments April 18, 1989 ORDINANCE 8, SIGN SECTIONS The Planning and Zoning Commission was directed to review the sign section of Ordinance 8 and update language, restrictions and organization. The Commission has been working on this since December of 1988. The Ordinance was broken down into 4 major sections: 1. Definitions 2. Sign Management Practices 3. Zoning District provisions 4. General provisions Definitions - all definitions were removed from the sign section and added to the definitions section (3.02). Definitions for parapet, unsightly sign, multi-faced sign and governmental sign were also added. The Commission also separated sign styles (how they are constructed) and sign types (the uses). Sign Management Practices - No significant changes occurred. zoning District provisions - Changes include increasing the sign size from 24 square feet to 32 square feet on non-residential signs, clarifying size restrictions in commercial and industrial districts, limiting sign height to 25 feet in commercial and industrial districts. General Provisions - the general provisions were arranged into three categories: A) prohibited signs, B) specially permitted signs and C) signs allowed without a permit. PLANNING COMMISSION RECOMMENDATION The Planning and Zoning Commission reviewed the proposed amendments. A public hearing was held and no public opposition was heard. The Commission unanimously recommended approval of the amendments. STAFF RECOMMENDATION Staff recommends approval of the proposed amendments. o o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 8 AN ORDINANCE AMENDING ORDINANCE NO.8, THE ZONING ORDINANCE OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No. 8 is hereby amended as follows: SECTION 9. ENFORCEMENT (A) Enforcing Officer and Penalty This ordinance shall be administered by the B~i*aiR~- ~R5~ee~e~ City Planner who shall be appointed by the city Council. The Bai*aiR~-~R5~ee~e~ City Planner may institute the name of the City, any appropriate actions or proceedings against a violator as provided by law. Any person, firm, corporation or voluntary association which violates or refuses to comply with any of the provisions of this Ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as defined by state Law. Each day that a violation is permitted to exist shall constitute a separate offense. (8C, 10-17-78) Adopted by the City Council of the City of Andover this day of ., 1989. CITY OF ANDOVER ATTEST: James E. Elling - Mayor Victoria Volk - City Clerk !- ~'..' '."""''''''''.~'h ~. .'j.. o ) ,~ A/ ' 'l< .~'<'l'''' , ,; ,:;{~!...,~^\S~u CITY of ANDOVER 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 7:30 p.m., or as soon thereafter as can be heard, on Tuesday, March 28,1989 at the'Andover City Hall, 1685 Crosstown Blvd. NW, Andover, MN to consider an amendment to Ordinance #8 (Zoning Ordinance). . The proposed amendment would remove zoning code enforcement responsibilities from the position of Building Inspector and place them with the City Planner. Interested parties of said proposed revocation will be heard at the above time and location. .iL, 1:& Vicki Volk, City Clerk o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 8 AN ORDINANCE AMENDING ORDINANCE NO.8, THE ZONING ORDINANCE OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No. 8 is hereby amended as follows: 3.02 Definitions Lighting, (Indirect or Diffused): Lighting designed so that the direct source of light is not visible, and is screened through plastic, neon tube, or similar design. Parapet: The extension of the main walls of a building above the roof level. Principal Entrance: That entrance of a building designed for use by customers, visitors and tenants; however, it does not include loading doors, service entrances, doors to storage areas or ~imilar entrances. ~~ln: A name, identification, description, display, structure, 1 ustration, or device which is affixed to, painted, or . represented either directly or indirectly upon a building or other surface which directs attention to an objecti produqt, place, activity, person, institution, organization.or business. Sign, Abandoned: A sign which no longer correctly advertises a bone fide business, lessor, owner, product or activity conducted, or product available on the premises where the sign is displayed or elsewhere. Sign Area: The area within the frame shall be used to.calculate the square footage except that the width of a frame exceeding twelve (12") inches shall constitute advertising space, or should such letters or graphics be mounted directly on a wall or fascia or in such a way as to be without a frame, the dimensions for calculating the square footage shall be the area extending six (6") in~hes beyond the periphery formed around such letters or graphics in a plane bounded by straight lines connecting the outermost points thereof, and each surface utilized to display a message or to attract attention shall be measured as a separate sign. o o Sign Structure: The supports, upright, braces and framework of the sign. Sign, Unsightly: A condition where a sign has deteriorated to the point that one fourth (1/4) or more of the surface of the name, identification, description or other symbol is no longer clearly recognizable to the human eye at the distance of forty (40') feet. In the case of painted signs, unsightly shall mean that the paint is peeling away from the structure surface or is faded so that it is not clearly recognizable to the human eye at a distance of forty (40') feet. Sign Styles: Sign, Bench: A sign which is affixed to a bench at a bus stop, not to include memorial dedications in park areas. Sign, Combination: A sign incorporating any combination of the features of ground, projecting, and roof signs. Sign, Electric: Any sign containing electrical wiring but not including signs illuminated by an exterior, unattached light source. sign, Flashing: An illuminated sign on which the artificial light is not maintained stationary and/or constant in intensity and color. Sign, Free-standing: A sign which is supported by one (1) or more uprights, poles or braces in or upon the ground, other than a combination ~ign. Sign, Illuminated: Any sign which has characters, letters, figures, designs or outlines illuminated by electric lights or tubes. Sign, Multi-Faced: A sign with two (2) or more exposed faces, not to exceed the square footage allowed for a single face sign. Sign, Pedestal (Pylon): A ground sign erected on not more than three (3) shafts or posts solidly affixed to the ground. Sign, Motion: A sign which has moving parts (structural); does not include flashing signs which blink on and off, but may in~lude signs which produce a moving effect through use of illumination. Signs which revolve or turn on an axis pciint such as a pedestal, string, or post shall not be considered revolving if there are less than two (2) complete revolutions per minute. o PAGE 2 o Sign, Portable: A sign designed to be moveable from one location to another, which is not affixed to the ground or structure. Sign, Reader Board: A sign which has a reader board where copy changes. Sign, Roof: A sign erepted upon or above a roof or parapet of a building. Sign, Wall: A sign attached to or erected against the wall of a building with the exposed face of the sign in a plane parallel to the plane of said wall. Sign Types: Sign, Advertising: A sign which directs attention to a business, profession, a commodity, service or entertainment not sold or offered upon the premises where such sign is located or to which it is attached. Sign, Governmental: A sign which is erected by a governmental unit or public utility for the purposes of public information, warning or directing traffic. Sign, Residential Identification: In a residential district, a sign identifying a resident (including address and profession, occupation or home occupation), school, church, or other non-business use. Si n, Business or Industrial Identification: In a business or 1n ustr1~ 1str1ct, a s1gn w 1C states the name, address or both, of the business, industry or occupant of the lot, or may be a directory listing the names, addresses and businesses of occupants. Si~n, Real Estate: A.sign offering property (land and/or bU1ldings) for sale, lease or rent. Sign, Temporary: Any sign not exceeding ten (10) square feet placed in such a manner as not to be solidly affixed to any building, structure, or land and advertising an event such as a bazaar, special sale, sporting event, or similar situation~ in no event, however, shall such signs be placed on any lot or parcel of land for a period to exceed thirty (30) days out of any twelve (12) month period. 7.03 Special Uses In All Districts Marquees of any type, with or without signs. o PAGE 3 o Signs on benches (not in City parks), newsstands, cabstand signs, bus stop shelters and similar places. Decorations, banners, and other temporary signs advertising a bazaar, special sale, sporting event or other similar situation. The use of search light~, banners and similar devices. Real estate signs for a residential project of five (Sa.) acres or more. Real estate signs over thirty-two (32) square feet per lot frontage and exceeding other sign area limits in business and industrial areas shall require a special use permit. GB General Business Business Advertising Signs I Industrial Districts Advertising Signs Section 8.07 should read as follows: 8.07 SIGNS The purpose of this Ordinance is to provide m1n1mum standards for the safeguard of life, health, safety, property, and public welfare by regulating and controlling the design, quality of materials, construction, type, size, location, electrification and maintenance of all signs and sign structures not located within a building. (A) Permits, Fees, Licenses .nd Inspection 1) No signs shall hereafter be erected, re-erected, constructed or altered, except as provided by this ordinance. 2) Normal sign alteration and maintenance shall not require a sign permit, including: a) The changing of advertising copy or message on a painted or printed sign and papered billboards, or changing a message on theater marquees. b) Maintenance, painting, repainting or cleaning of a sign unless a structural change is made. 3) Permit Fee o PAGE 4 o A set fee established by the Andover City Council shall be paid, except there shall be no fee for governmental units or nonprofit organizations. 4) Inspection Upon proper presentation of credentials, the Building Inspector or his duly, authorized representatives may enter at reasonable times any building, land or structure in the City of Andover to inspect or re-inspect any signs. 5) Sign Removal All signs now or hereafter existing which no longer advertise or identify a bona fide business conducted, a service rendered or a product sold, shall be taken down and removed by the owner, agent, or other person having the beneficial use of the building or structure upon which the sign may be found, within ten (10) days after written notice from city of Andover. . (B) Minimum Sign Standards 1) Construction All signs, shall be in accordance with applicable provisions. of the State building code. All signs not in conformity with the provisions of the ordinance shall be removed within a period of two (2) years following enactment. 2) Maintenance o All signs shall be maintained so as not to be unsightly to adjoining areas or create hazards to the public health, safety or general welfare. All signs, together with their supports, braces, guys and anchors, shall be kept in repair and in a proper state of preservation. The display surfaces of all signs shall be kept neatly painted or posted at all times. The city may order the removal of any sign that is not properly maintained. 3) Sign Size and Placement Standards All illuminated signs located within fifty (50) feet of a residential district lot line shall be diffused or indirect so as not to reflect direct rays of light into adjacent residences. In all districts, any portion of any sign exceeding 4 square feet shall be set back ten (10') feet from any PAGE 5 o street right-of-way line and five (5') feet from any residential (zoned) property line. Signs developed as an integral part of a building (such as sign parapet wall or service station) may exceed the height limits provided such excess height is not over five (5') feet. Service stations may erect a one (1) pylon or pedestal sign not to exceed twenty-five (25') feet in height in a setback area, provided no part of any such sign shall be closer to the side lot lines than the required side yard setback, nor within five (5') feet of the rear lot line or street right-of-way line. Multi-faced signs may be permitted, with the maximum square footage on each side. Multi-faced signs shall not exceed two (2) times the area of single-faced signs. Signs on vacant lots shall be permitted in accordance with these regulations. All corner and through lots shall be considered as having two (2) front lot lines for application of regulations pertaining to signs; (C) Permitted Signs Signs shall be permitted by zoning district in accordance with the following minimum standards: 1) Residential Districts Type: Temporary, Identification. Style: Free-standing, Combination, Wall, Pedestal. Number: One (1) per lot frontage. Size: No more than 4 square feet per dwelling; 32 square feet for non-residential signs offering a residential development for sale; 6 square feet for real estate signs offering individual properties either land and/or buildings, for sale lease or rent. Height: Not over ten (10) feet above grade except as otherwise provided herein. o PAGE 6 o projection: Any sign over four (4) square feet shall be set back at least ten (10') feet from any lot line. Illumination: Indirect or diffused lighting of signs permitted, subject to luminous controls~ 2) "GR" and "LB" Districts Type: Temporary, Business Identification. Style: Wall, Roof, Combination, Free-standing, Pedestal. Height: No more than two (2') feet above the highest outside wall of building, or twenty-five (25') feet, whichever is less. Size: The aggregate square footage of sign space per lot shall not exceed the sum of two (2) square feet per front foot of building. No single sign shall exceed 200 square feet. No individual business signs shall be so arranged as to create an integrated sign having over 200 square feet. Projection: Signs may project two (2') feet into the required yard area. Illumination: Illuminated but non-flashing signs permitted. 3) "SC" and "NB" Districts Type: Temporary, Business-Identification. Style: Wall, Roof, Combination, Free-standing, Pedestal. Size: The aggregate square footage of sign space per lot shall not exceed the sum of three (3) square feet per front foot of building No single sign shall exceed one hundred (100) square feet except nameplate signs, which shall not exceed three hundred (300) square feet. Height: Not over six (6') feet above the highest outside wall or parapet or twenty-five (25) feet whichever is less. o PAGE 7 o Projection: Signs may project two (2'Y feet into the required yard, except a nameplate sign may be located in any yard area but not within ten (10') feet of any street right-of-way line or within five (5') feet of any other lot line. Illumination: Illuminated and flashing signs permitted. 4) "Ga" Districts Type: Temporary, Advertising, Business-Identification. Style: Wall, Roof, Combination, Free-standing, Pedestal. Size: The aggregate square footage of sign space per lot shall not exceed the sum of four (4) square feet per front foot of building. No sign shall exceed two hundred-fifty (250) square feet. Advertising sign area on vacant lots shall not exceed four (4) square feet per foot of lot frontage. No ground or pedestal sign more than twenty-five (25') feet above average grade and no roof sign more than ten (10') feet above roof shall be allowed. Projection: Signs may project two (2') feet into any required yard. Illumination: Illuminated and flashing signs permitted. 5) Industrial Districts Type: Temporary, Advertising, Business-Identification. Style: Wall, Roof, Combination, Free-standing, Pedestal. Size: The aggregate square footage of sign space per lot shall not exceed the sum of four (4) square feet per front foot of building. No sign shall exceed three hundred (300) square feet. o PAGE 8 o Advertising sign area on vacant lots shall not exceed four (4) square feet per foot of lot frontage. Height: No sign more than twenty-five (25') feet above grade. Projection: Sign may project only two (2') feet into required yard area. Illumination: Illuminated signs permitted. (D) General Provisions 1. The following signs may not be erected within the city: a. No sign may be erected that by reason of position, shape, movement or color, interferes with the proper functioning of a traffic sign, signal or which otherwise constitutes a traffic hazard. b. There shall be no flashing sign or revolving sign in the front setback area within one hundred twenty-five (125') feet of a street intersection (as measured from intersecting right-of way lines) or within one hundred twenty-five (125') feet of a residential district, except where lighting for such sign is indirect or diffused and in no way constitutes a traffic hazard. c. Signs shall not be painted directly on the outside wall of a building, fence, tree, stone, or other similar objects in any district. d. Signs shall not be permitted within the public right- of-way or easements except as authorized by the governing body under Subsection 2,b,3 of this Section. e. No sign will be permitted that provides refuge from police surveillance, tends to accumulate debris as a fire hazard, or is a hazard to the public health, safety, convenience, or general welfare. o f. No sign shall use red, yellow, or green lights that by position or color in any other manner tend to cause confusion in the proper reading of traffic signs or signals. 2. 'Signs Allowed by Special Use Permit The following signs shall be allowed by Special Use Permit only: a. Marquees of any type, with or without signs. PAGE 9 o b. Signs on benches (not in City parks), newsstands, cabstand signs, bus stop shelters and similar places. c. Decorations, banners, and other temporary signs advertising a bazaar, special sale, sporting event or other similar situation, may be permitted within the public right-of-way provided a special use permit is granted for a specified time not to exceed fifteen (15) days. d. The use of search lights, banners and similar devices shall require a permit. The permit shall be valid for no more than ten (10) consecutive days. No more than three (3) permits shall be granted during any calendar year. e. A real estate sign for a residential project of five (Sa.) acres or more may be allowed provided: 1. Sign area is not over two hundred (200) square feet in area; 2. The sign is located at least one hundred thirty (130') feet from any residential structure; 3. An agreement is made to remove the sign within two (2) years unless an extension of time is granted by the governing body; after approval of a special use permit has been granted. f. Real estate signs over thirty-two (32) square feet per lot frontage and exceeding other sign area limits in business and industrial areas shall require a special use permit. g. Advertising signs in the General Business and Industrial Districts. The following criteria shall be used for issuance of special use permit for any sign: a. The aggregate square footage of such advertising sign space shall not exceed the sum of four (4) square feet per front foot of building plus one (1) square foot per front foot of property not occupied by a building; no developed lot shall be permitted advertising sign space in excess of three hundred (300) square feet over that permitted for business and identification signs. On vacant lots, advertising signs may be o PAGE 10 o permitted on the basis of four (4) square feet per foot of lot frontage. b. No advertising sign shall be located within seventy- five (75) feet of a residential district. c. No sign shall be permitted that constitutes a hazard to vehicular safety. d. No sign shall be permitted that may tend to depreciate nearby property values, be a detriment to scenic or pleasant views, or otherwise mar the landscape. 3. The following signs are allowed without a sign permit: a. Real estate (for rent, sale, or lease) signs may be placed in any yard providing: 1. Such signs are not closer than ten (10) feet to any property line 2. Such signs do not exceed a total of six (6) square feet per lot frontage in residential areas and thirty-two (32) square feet on any other lot. b. Temporary signs shall be permitted in any district in any yard area except that: 1. Such sign shall not be within ten (10) feet of any street right-of-way line or within five (5) feet of any other lot line, 2. There shall be no more than three (3) such signs on any lot, 3. The total area of such signs shall not exceed thirty (30) square feet. c. Election signs are permitted in any district on private property. Such signs may be placed up to thirty (30) days before an election and must be removed within fifteen (15) days following the election date. d. All temporary governmental signs; used to control traffic during road or utility construction activities and provide information or warning to the public. e. Private traffic circulation signs in parking lots and pedestrian circulation signs, and traffic warning signs in alleys or other hazardous situations may be permitted provided; o PAGE 11 o o 1. Such individual signs do not exceed three (3) square feet, 2. The minimum number necessary for purposes intended is utilized, 3. Such signs are utilized exclusively for purposes intended and permitted. Adopted by the city Council of the city of Andover this day of , 1989. CITY OF ANDOVER Attest: James E. Elling Vicki Volk, city Clerk PAGE 12 o CITY of ANDOVER 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 7:30 p.m., or as soon thereafter as can be heard, on Tuesday, March 28, 1989 at the Andover City Hall, 1685 Crosstown Blvd. NW, Andover, MN to consider an amendment to Ordinance #8 (Zoning Ordinance). The proposed amendment would add sign definitions, replace Section 8.07 (Sign Provisions) and require advertising signs to obtain a special use permit. Interested parties of said proposal will be heard at the above time and location. .iL' J:a Vicki Volk, City Clerk o ",__"__,,,,"'''.~.''.'''t.,,......,... .GO Andover Planning and Zoning Commission March 28, 1989 Meeting Minutes Page Ten Sharon Widmark, 3501 13&th Avenue NW had a question regarding special uses for the car washes and asked if this meanS that a gas station is a neighborhood business. She doesn't want a gas station in the neighborhood. Jay Blake stated that a gas station is allowed in a neighborhood business. MOTION was made by Commissioner spotts, seconded by Commissioner Bernard to close the pUblic hearing. All voted yes. Motion carried. MOTION was made by Commissioner Bosell, seconded by Commissioner Spotts that the Andover Planning and Zoning Commission table this item until the April 11th meeting, to prepare additional information regarding the definition of car washes, including additional criteria to be added to this ordinance. All voted yes. Motion carried. Mr. Blake will 'prepare this information and return a draft to the Planning Commission for the April 11th meeting. ~.. PUBLIC HEARING: ORDINANCE 8 AMENDMENT. SECTIONS 3.02. 7.04 AND 8.07 Mr. Blake compiled the recommendations for Ordinance 8 Amendment for the Planning Commission's review. The sections 3.02 Definitions, 7.03 Special Uses, and 8.07 Signs have been amended. Mark McLan was present and he stated he was interested in Andover's sign ordinance. ,0 \..:' Ms. Bosell stated that the ordinance does not allow a sign to be painted directly on a building, but in the definition of a sign conflicts with that requirement. It was suggested to delete the phrase, "painted or represented either directly or indirectly upon" (in the Sign definition section). Mr. Blake stated he was comfortable in leaving this definition in as it is currently stated. Chairman Pease opened the public hearing. Ms. Bosel1 asked about the definition of a multi-faced sign. Mr. Blake suggested changing it to read, "not to exceed two times the square footage allowed for a single face sign." 8 c...... ,., -. / ~ Andover Planning and Zoning Commission March 28, 1989 Meeting Minutes Page Eleven MOTION was made by Commissioner Spotts; seconded by Commissioner Sabel to close the pUblic hearing. All voted yes. Motion carried. MOTION was made by Commissioner Bernard, seconded Commissioner Sabel that the Andover Planning and Zoning Commission recommends to the City Council approval of the proposed Ordinance 8 Amendment, with changes to be corrected by Jay Blake on the multi-sided signs definition. A pUblic hearing was held, and there was no pUblic opposition. Mr. spotts were asked how violations were handled. Mr. Blake stated that a certified letter was sent to the violator, and they had a specific time period in which to correct the violation. The zoning administration determines the appropriate time frame. All voted yes. Motion carried. This item will be brought to the City Council on their April 18th meeting. PUBLIC HEARING: ORDINANCE 8 AMENDMENT Mr. Blake stated that the Planning Commission was requested to review the proposed Ordinance 8 Amendment that would remove the zoning code enforcement responsibilities from the Building Inspector and place them with the City Planner or dUly-appointed representative. Mr. Bernard asked what types of zoning situations would come before Mr. Almgren. Mr. Blake stated that Mr. Almgren never has handled these duties, so this is just an official transfer of responsibilities. Chairman Pease opened the public hearing. MO~ION was made by Commissioner spotts, seconded by Commissioner Bernard to close the pUblic hearing. All voted yes. Motion carried. cO i '~_., 10 ~ ._. _~~.'"'''~_.._''~f''''''' .'.,......,.~."...~....., . . -------._~......,~ ~... ...... Andover Planning and zoning Commission March 28, 1989 Meeting Minutes Page Twelve MOTION was. made by Commi-s'sioner Spotts, seconded by Commissioner Bernard that the Andover Planning and Zoning Commission recommends to the City Council Ordinance 8 Amendment , Section 9, Enforcement, by striking the words Building Inspector and adding the words City Planner in two separate places. Also, the word in should be included after the word institute. A pUblic hearing was held, and there was no public input. All voted yes. Motion carried. This item will go to the City Council on April 18th. PUBLIC HEARING: ORDINANCE 8 AMENDMENT WASTE TIRE STORAGE MOTION was made by Commissioner Bosell, seconded by Commissioner Spotts that the Andover Planning and Zoning Commission continue this agenda item until the next regular Planning and Zoning Commission Meeting. All voted yes. Motion carried. OTHER BUSINESS Mr. Blake stated they hired a recycling coordinator to assist the City of Andover. Mr. Blake stated that Ginny Asmussen had handed in her resignation as recording secretary for the Planning Commission ADJOURNMENT MOTION was made by Commissioner Bosell, seconded by CommissiQner Spotts to adjourn the regularly scheduled Planning and Zoning Commission Meeting at 11:20 p.m. Respectfully submitted, (Plan.4) o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE April 18, 1989 Discussion Items Engineering ~>(< BY: AGENDA SECTION NO, ORIGINATING DEPARTMENT ITEM NO, Kirby Estates Sketch plan BY: Todd J. Haas The city Council is requested to review the proposed sketch plan by Kay Olson, owner of the property. The Andover Review Committee (ARC) has reviewed the sketch plan and their comments are as follows: GENERAL COMMENTS: * The proposed sketch plan is located in an R-4 single family urban zoning district with minimum lot size of 11,400 square feet. Six lots are being proposed. * The City staff has been working with the developer and the City of Coon Rapids for the alignment of Hummingbird Street so that there is a full intersection and for the development of a storm drainage pond which will be located in Outlot A of Kirby Estates. Note: Does the City want Outlot A deeded to Andover or should the lot lines of the lots on the east side of Hummingbird Street extended to Hanson Boulevard with drainage and utility easements? * The average lot depth of Lot 1 located on the west side of the proposed Hummingbird Street is approximately 127.5 feet which is less than the minimum requirement of 130 feet. This may warrant variance for lot depth because a hardship has been created with Hummingbird Street located on the Coon Rapids side of 133rd Avenue. * Staff has prepared a drawing showing lots and street for adjacent properties which are at this time undeveloped. SEE ATTACHED DRAWING. * The developer is recommended to meet city Ordinances 8 and 10. MOTION BY TO COUNCIL ACTION SECOND BY ~ - ~ ,. ~ j . J i..:: ....~ ~ 'h Iii 0 :: ~..! 0 .., u U! moo )-~cr; '",110 >': a::, ::loa: ; o ,.. .- z: (/)5 wI.) l-~ <(~ :i l- c( ~(/). a.. . . W 0: .w :r: ~ I.) >- 0 I- z: ~CDc( CD a::: ~ -,.. ~!::" u 7L. 5 oJ ...I. "l:- S.!~ Q.~ ,. I- 1 51 H 11J!'i ::.:: . cnl ~ ~I ..JI . ~ .. , .. I !~ ~ fa " .. i !l"i" i ~!= ~ !. ~ . II! i =! i"';! . HWI ': l,,:"i.. I ;':--A ~ ... !'I-; i : i :~l:l " ! n y!. . 1 = 1='1- :.. ~ i'ii ! "; i _1- . ~!. ..1& i- ....... 1'-1- oS... .. '& i i i l~i -, :. i 1 1 1 ~ ii" =j n I ~! 1.1 .. .. ClVOlll .. .. 3 ," . . ~ i ii ! J j ! 1 . . i,,; :1. 'It ! Jai ! ii. I u. 1m t , I I1j ",' ,;il 11 i:'- ..llii",l '1~~: ! is - - 'i .. ....;l=!l f!ii~=. !J!.lJ. . .. 'I I 'I .J ! =..IIJ'I ~I~'l"- !!"l 31 ili~j:;i ... J" . s 'i r ." a ... , ~ i iii. :ii. j ..++ ..10.. ~.~ ~~ 'r .-- ea.;. ;t ::: ....... . il iii il iii i . ...- ...... "",.. _ r '"t..-,. ~ i, 1~ J~ \ ni 1'. ~I. .jl I hi ~3L 'ON , --....~ / 'I) / :.u""", / u:....... / I u~:" / I c( . / / I / I I <D 0:- 1: ~.t...! ;:'2';" ~t.. ~ El~ :.)'11' Q ~ ~ " \- '\ -. I l!'~ ! 10:::., I ~I 0 ()'--~. ....~. tn. ......~. I ,In '- i- c( ~ .. ~ a I- W W 0:: l- (/) ~ ~ ..~'... (10) (I') I./) .. (e./,'f-o) Cc.J,~1 E.;} C~<"l.f.~er;ne... /1./. .SO,f"--ens<:'::.':1J (8) /4 ._1.?~~_. .-------..---..---- (7) ~) ( 7t15'c} h~ ,~. ", ~r /~ #""'''''..,., :;,rFr,J~ ?:.!I'AI'. /. (:~' I _J /2'" c--nr-. _:7/00) \ ... Jon-na&-tc.) v' t".( /2 V <<,{f' (6)) L1-\ (tJ /7.2t'ti 6~~;'~1~ /:.';1. '/ ~~.QJrI ..-..-----.-.-- '.-'- ~ -r .- ;:.. ~ :::t. , I ........'-... , (. <> --sl I ",' .. " ., 71.~:: 7'1 ,~ " 85:-. f '" ~ ~ o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION April 18, 1989 DATE ITEM NO. storm Drainage/ Tulip street BY: James E. Schrantz AGENDA SECTION NO, Discussion Items ORIGINATING DEPARTMENT Engineering The City Council is requested to approve the attached plan for storm drainage improvements for Tulip Street, #88-9. The plan calls for a storm water detention area for the storm drainage pipe between 15930 and 15944 Tulip Street. The detention area is required to store the additional runoff from the street now that it is paved and the runoff gets to the back yards quicker. Some of the water used to pond in the sand street. The storm water pond in the rear yard is a natural depression. Two of the houses adjacent to the low area have drainfields that are low and very close to the ponding. This spring the water got waist high for a few days but when the frost went out the water dried up in one day. The plan calls for acqu~r~ng an easement for drainage and for excavating a water detention area. See attached: 3 alternate plans. Attached: Storm Drainage Plan COUNCIL ACTION SECOND BY o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE April 18, 1989 Discussion Items Engineering ~'/4 ::;~O. v AGENDA SECTION NO, ORIGINATING DEPARTMENT ITEM NO, u. Kensington Estates 4th Addn. Final Plat BY: Todd J. Haas The City Council is requested to approve the final plat for Kensington Estates 4th Addition. The final plat is in compliance with the preliminary plat. The developer has paid in full the park dedication for the entire plat. It is recommended that the plat be approved subject to the following: 1. The City Attorney presenting a favorable title opinion. 2. Security in the amount of $1,OOO.OO to cover legal, engineering, street sign and installation costs. 3. The developer escrow for the uncompleted grading of the site which is to be determined by the City Engineer or if site grading is completed, a letter from the surveyor or the developer's engineer that lots and streets are graded according to the grading plan submitted to the City. 4. The final plat not to be signed by the Mayor or Clerk until there is an executed Development Contract, escrow paid (15% of the total costs for the improvements for the property {streets, utilities, etc.}) and a contract for the improvements awarded. 5. Outlot B be deeded to the City of Andover. 6. -Outlot C to remain in the ownership of the developer. 7. street light costs to be paid to Anoka Electric Cooperative. Costs to be determined by Anoka Electric Cooperative. c MOTION BY TO COUNCIL ACTION SECOND BY o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE FINAL PLAT OF KENSINGTON ESTATES 4TH ADDITION AS BEING DEVELOPED BY JERRY AND CAROL WINDSCHITL IN SECTION 27-32-24. WHEREAS, the City Council approved the preliminary plat of Kensington Estates; and WHEREAS, the developer has presented the final plat of Kensington Estates 4th Addition; and WHEREAS, the developer has paid in full the park dedication for the entire plat; and WHEREAS, the City Engineer has reviewed such plat for conformance with the preliminary plat; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the final plat of Kensington Estates 4th Addition contingent upon receipt of the following: 1. The City Attorney presenting a favorable title opinion. 2. Security in the amount of $ I,OOO.OO to cover legal, engineering, street sign and installation costs. 3. The developer escrow for the uncompleted grading of the site which is to be determined by the City Engineer or if site grading is completed, a letter from the surveyor or the developer's engineer that lots and streets are graded according to the grading plan submitted to the City. 4. The final plat not to be signed by the Mayor or Clerk until there is an executed Development Contract, escrow paid (15% of the total costs for the improvements for the property {streets, utilities, etc.}) and a contract for the improvements awarded. 5. Outlot B be deeded to the City of Andover. 6. .Outlot C to remain in the ownership of the developer. 7. Street light costs to be paid to Anoka Electric Cooperative. o c:> MOTION seconded by Councilman and adopted by the City Council at a Meeting this day of , 19 , with Councilmen voting in favor of the resolution and Councilmen voting against same whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: James E. Elling - Mayor Victoria Volk - City Clerk o o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION April 18, 1989 DATE AGENDA SECTION NO. ORIGINATING DEPARTMENT Discussion Items Engineering APPROVED FOR ::EN~GD ITEM NO, 7. CCWD Legislation BY: James E. Schrantz The City Council is requested to consider the two bills that Greg Dahl has presented to the state Legislature to hopefully resolve the financial problems of the Coon Creek watershed District. Mel Sinn, a staff member for the Board of Water and Soil Resources, has informed me about the first bill that Greg Dahl has presented to committee. The bill is written according to the finance plan that we had at the 10/6/88 Work Session and the Friday morning meeting of 4/7/89. At the breakfast meeting on 4/7, Ken Orttel explained that Andover City Council has some questions. 1) Andover wants a letter from the Watershed District saying that the plans and specs are usable and we would not be charged for the plan again seeing that they changed engineering firms - we don't want the new engineering firm to say we have to re-do them all. 2) Andover also wanted some changes in the Watershed District. One of the things that the Board of Water and Soil Resources has proposed is that the Watershed District have a full-time administrator and that they have their own separate office. There's also consensus that the Watershed Board should be replaced and the Watershed start allover with a new Board of Managers. Bill is as follows: Note - I hope to have a copy of the bill by Friday. The first subdivision is that all the administrative and legal costs will be absorbed by the Coon Creek Watershed District's Operating Fund, i.e. the costs are spread to the entire watershed. COUNCIL ACTION c MOTION BY TO SECOND BY o o Page Two CCWD Legislation April 18, 1989 The second part of the bill will be the engineering and maintenance costs that each individual ditch has incurred will be assessed or levied to that particular ditch by setting up a taxing district and assess the cost as an ad valorem tax. Greg Dahl also has proposed legislation to establish a. Metropolitan Local Water Management Task Force. This bill is intended to establish a task force that can recommend improvements to the watershed law. (See the attached bill). A (~lil 12'l:l :0 :0 jll1 111 111 :OO3:...orl:l""O<:OD ",'TI 0 1I1l:l r~ 0... Oul 10 0 ....:$;11..., t:"O ........0. ...J..... Oool II1Ul :l ..' 00 II1C " eVict' "itla ct'.... U ftI ID ID S :OJ 0 00 "'C ID" "... "''1' o :l n III ..... .. :l ...."1 E "I ..' ~1'" .. ool "'1' ... n ~::; "D " I ., C't II ., n.... ct'.... III II ...., 'ool "D ool I :l:T r oolool D.'(-I'DIIJ "t'l....nct'--sn.... 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II> 10' (0,1 r.., .t- ... lq e. ... 0. ~ .... 0 '" lq I~ ... -t.J .... lq IT' 0 c: . . . . . . . . . c- o: tn It' 0 1\' c.'(tt .t-.... t.,... ",.... Ul '" 0 0 OUl .to rt.' 11>-9 .t-tJo *' .... .. .. ... '" WI '" I ... 1\' r.;, ... ... lq ID .t- W 1\' 0> '0 -.1-.1 Ul[1o 0 jol }~ ~ ... Ulr<;oll1O> {rl rlllq W.t- -.I ...tn (h ... -< 1.1 . .. .. .. .. .. .. .. .. . . . . . . S ... .... CD c. .... 10/ l.' ... 0> -:- "Ilq II> ... ... tn ... ... - '" tr'-.I e. ... (It c- o .... lq lq {rl0> .... 0> ro II> r,' lq lh lh ...... C. C. D ID lta Co [h.... IX' 0 {rl...... \0'" C-lh'" lo''''lq l!l ~.J r';l lollX' r ... . . . . . . . . . . . . . . . . IX' "'11l 11>.... C. l~ fl' CD (X! ~ t.D ,to. .t- ,t.. ...., (D C, lq "'LT' l!lLT' ", ...... "I.... o C, tr' 0 0> .t- .t- lq r., r,\ lq ... Ul 0 lhlh ....", /' 03/16/89 [REVISOR] XX/JD 89-2585 o I"troduced by Dahl, R, Moe, R, Peterson, S,F, No. 1197 J.1erriamJ Knaak March 22, 1989 Companion H.F. No. Referred to Committee on ENVIRONMENT & NATURAL RESOURCES Reprcduced by PHILLIPS LEGISLATIVE SERVICE., 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 0 23 ~,:' ,. 1 A bill for an act 2 relating to natural resources; establishing a task 3 force .to study and report on metropolitan water 4 management issues; appropriating money. . 5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. [METROPOLITAN LOCAL WATER MANAGEMENT TASK FORCE. ] Subdivision 1. [ESTABLISHMENT AND PURPOSE.] ~ metropolitan local water management task force is established to study and prepare a report on the following issues: (1) how to accomplish constructive public participation in and local ~oordination of local water management; (2) how to avoid excessive public costs associated with the planning and implementation of capital improvement pro;ects; (3) whether adequate oversight exists of local water management activities to assure adherence to state law and approved watershed management plans; (4) the procedures to be used in urbanizing areas to maintain, repair, improve, construct, and abandon public drainage systems; (5) the appropriate methods for financing capital improvement projects; (6) whether local ~ater management levies and bonds should 24 be exempt from levy limits and caps on net indebtedness; , 25 (7) whether the metropolitan water management act has met 1 o o 03/16/89 [REVISOR] XX/JD 89-2585 1 its original expectations; and 2 (8) what changes are needed in state law or the structure 3 of local watershed management organizations to achieve greater 4 consistency and stability in metropolitan watershed management 5 organizations. 6 (b) The task force shall elect a chair at its first meeting. 7 (c) The task force shall be given legal and technical staff 8 support by the board of water and soil resources. The board of 9 water and soil resources shall provide administrative support. 10 Subd. 2. (MEMBERSHIP.] The task force shall consist of: 11 (1) three members of the senate appointed by the ma;ority 12 leader; 13 (2) three members of the house appointed by the speaker; 14 (3) the chair of the board of water and soil resources and 15 two additional members appointed by the chair; 16 (4) the state planning commissioner or the commissioner's t7 designee; 18 (5)' the commissioner of the department of natural resources 19 or the commissioner's designee; 20 (6) the commissioner of the pollution control agency or the 21 commissioner's designee; 22 (7) the chair of the metropolitan councilor the chair's 23 designee; 24 (8) a member of the association of metropolitan 25 municipalities appointed by the chair of the board of water and 26 soil resources; 27 (9) a member of the Minnesota association of watershed 28 districts appointed by the chair of the board of water and soil 29 resources; 30 (10) a member of the association of Minnesota soil and 31 water conservation districts appointed by the chair of the board 32 of water and soil resources; 33 (11)' a member representing watershed management 34 organizations appointed by the chair of the board of water and 35 soil resources; 36 (12) a member of the association of Minnesota counties 2 0 1 2 3 4 5 6 7 8 9 10 11 12 13 o 03/16/89 [REVISOR] XX/JD 89-2585 appointed by the chair of the board of water and soil resources; (13) a member of the Minnesota intergovernmental county association appointed by the chair of the board of water and soil resources; (14) a member representing consulting engineers appointed by the chair of the board of water and soil resources; (15) a member representing the reinvest in Minnesota coalition appointed by the chair of the board of water and soil resources; and (16) a resident of the state interested in metropolitan water management issues appointed by the chair of the board of water and soil resources. Subd. .3. [MEETINGS.] The task force shall hold its first 14 . meeting in June 1989 and establish a regular meeting schedule to 15 effectively carry out its task. 16 Subd. 4. [REPORT.] The task force shall prepare a report 17 and submit it to the governor and the legislature by December 18 15, 1989. 19 Sec. 2. [APPROPRIATION.] 20 $............. is appropriated form the general fund to the 21 board of water and soil resources for study and preparation of 22 the report under section 1, to be available until expended. 23 Sec. 3. [EFFECTIVE DATE.] 24 Sections 1 and 2 are effective June 1, 1989. 3 o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION April 18, 1989 DATE AGENDA SECTION NO. Discussion Items ORIGINATING DEPARTMENT Planning r\~ BY: Jay Blak~CitY Planner APPR~~~~(fR AG",~ BY! tI ITEM NO, 8. D. Lawrence Rezoning REQUEST The Andover City Council is requested to review the proposed rezoning request of Douglas Lawrence for property at 13311-13 Round Lake Boulevard. The proposed use would be a convenience store/gas station/car wash (see enclosed preliminary site plan). BACKGROUND INFORMATION The subject property is part of Weises Second Addition platted in 1976 and consists of 1.34 acres in the R-4 Single Family Residential district. Residential uses surround the property on three sides. To the south, future development of single family and multi-family residential uses are planned in Coon Rapids. At least four buildings exist on the site, including two single family structures, a guest house with no plumbing facilities and a barn. The property has been for sale for some time now and several uses of the property have been discussed by real estate professional and city staff. Because of the size and location of the property, it is a difficult parcel to develop. The original request for rezoning was for a Neighborhood Business (NB) district. Due to a minimum size requirement of 2.0 acres, a variance would have been necessary. Also, no vehicle wash establishment would have been allowed on the property. The developer felt that a General Business (GB) district would be appropriate because of size restrictions and the fact that the property is adjacent to Round Lake Boulevard. COUNCIL ACTION c MOTION BY TO SECOND BY . o Page 2 Lawrence Memo April 18, 1989 PROPOSED DISTRICT The proposed district, General Business, is defined as an area containing a wide variety of business uses including retail, service and semi-industrial. As such they may contain businesses which tend to serve other businesses as well as those catering to shoppers needs. See the enclosed allowed uses. REVIEW CRITERIA Consistency with the Comprehensive plan The 1980 Comprehensive Plan and Development Framework includes this property in the R-4 single family residential district. As the development guide for the City, this should be a major consideration for the review of this proposal. The city's Comprehensive Plan outlines several policies that affect this proposal. The Plan states that: 1. Future commercial areas shall be based upon the concept of the integrated business center developed according to a specific site plan and justified by a feasibility study. 2. Any further spot or commercial development shall be strongly discouraged in favor of a unified development pattern. 3. Neighborhood service centers shall be developed as cohesive, highly inter-related units with adequate off-street parking. 4. The location of new business areas should be justified by an adequate market study (market radius, customer potential, suitable location in the market radius, etc.) and consideration for the community development and circulation pattern. 5. Neighborhood convenience centers shall be located along arterial or collector streets. 6. Neighborhood convenience centers shall be located with convenient accessibility for both motorists and pedestrians, given due consideration to market demand and community development. 7. Orderly transitions between commercial and residential areas shall be established and maintained. o I question whether the proposal meets criteria #1, 2, 4 and 7. o Page 3 Lawrence Memo April 18, 1989 other Criteria The Planning Department has reservations about the placement of a convenience center halfway between the Andover Downtown Center and the new Power Mall at the northwest corner of the intersection of Round Lake Boulevard and Highway 10. Another question has been raised about convenience center market saturation. With seven centers, existing or planned, within the Andover Urban Service Area, the City may want additional assurances that the development won't become a ghost center with poor maintenance and up-keep if tenants switch. While the development of a convenience center adjacent to a residential district is not necessarily a conflicting use, the General Business district allows many uses that may be construed as incompatible uses. A Neighborhood Business district may be more appropriate. COUNCIL OPTIONS 1. The Andover City Council may approve the request of Douglas Lawrence for the rezoning of property described as Lot 1, Block 1, Weises Second Addition from R-4 Single Family Residential to GB General Business. 2. The Andover City Council may deny the request of Douglas Lawrence for the rezoning of property described as Lot 1, Block 1, Weises Second Addition from R-4 Single Family Residential to GB General Business. The Council finds the following facts: A. The proposal does not meet the requirements set forth in the City's Comprehensive plan and Development Framework with regard to the location of commercial centers in the City. B. Because of the proximity of other neighborhood business centers and major shopping facilities, the proposed location would not serve the interests of area residents and the City. 3. The Andover City Council may table this item. PLANNING AND ZONING COMMISSION ACTION o The Andover Planning and zoning Commission reviewed the proposal at their March 28, 1989 meeting. A public hearing was held and there was significant opposition to the proposed rezoning (see enclosed minutes). The Andover Planning and zoning Commission recommended that the rezoning request be denied. o o Page 4 Lawrence Memo April 18, 1989 STAFF RECOMMENDATION The Planning staff recommends Option #2 (denial). CITY of ANDOVER , 1685 CROSSTOWN BLVD, N.W. ANDOVER, MINNESOTA 55304 Rezoning It!iJ -6 / REZONING REQUEST FORM Property Address 1 "~11 l)nl1n~ T ;31ot"'O ''R1 "trA Legal Description of Property: (Fill in whichever is appropriate) Lot 1 Block 1 Addi tion WeiF'ef; Second Addition plat 582621 Parcel 09f!17~3 PIN R "l?"l??<IL1<nO":ln ~If metes and bounds, attach the complete legal) Reason for Request I want to ~vi10 a qrocerY-aaR-~ar was; facility. In order to do t',is t'~e ,::onina 1voule: '~avf' to "'e c',anqPo to r..pm'r?l Pll"'in.."" ,mn t.~lP rpl,;,,:n~l nr ::-1 1 o..,ri~T.;nlJ ~1'; lr'iru;c:::! nn +-""10 ~:,rn:,o"'''y ....lrll11i' ~ n~(""oc:oe:::'ry Current zoning R-~ Requested zoning r"pnf"rCll Flll!':in!""" ********************************************************************** Name of Applicant Douglas 1.awrence Address 2477 N.W. ~ain Street , Coon R3~ics, MN 55433 signature Business Phone 755-4.948 A Date~ /", 8j ***************************************************** Home phone property Owner (Fee Owner) KOrMit- ?nr'l P.,...",,'>nl?ry l{; r'''"mol<'l (If different from above) Address 13311 ~OU7'.c -Sake Blvd. Home phone 471-0720 Business phone 5:36-2880 Rosemary Signature G?~'^-^-'- l-4JJc~j1 Date 2/6/89 . **********************~*********************************************** :0 Attach a scaled drawing of the property and structures affected showing: scale and north arrOW1 dimensions of the property and structures; front, side and rear yard building setbacks; adjacent streets; and location and use of existing structures within 100 feet. 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'"' I ~ ~" ~ ,." .....~... s ... o " ; 000 gll~ 000 0: " i N3~ 811~ N3^3 :; 1 - .~ Jl I " ._'...--r ~19!.:';:!~., f ..~.::"~.~,. l1li: .. 0 · ~ij;1, ~\,' ~ ,Jilt ..~-_.._- ~ .&~~ EA. . ....,/.~t;:. .". ~... .....I ~. ~ .lS O"]HMOYI:IY e ~S 133MSY3UIS u sn)oy) ~S VI'H.O U SS13M'3013 ~S 'Y01J 1S V'010n9 ~S Y3H~\I3H 1S OOOMU' ~S 'IInONor is Al:fY3)I ~ ~S .nl=1 1S O'O~)ItfV~ ~S SnSSI:)UVN ~S OIH)YO 1S .A.ddOd ~S "'00 ~S 3S0Y U 00Y3^"S ~ ~S dn.u 15 :I:Jn:>1:I30Nn . ~S 39VlN'^ ; ~S 3NlSOOOM ~S YIN)X U ':T.)nA J5 V]Z 1S nuv JS l00.:f)4''t'~ ordinance No.8, section professional studios o Restaurants Retail trade and servicess (8zZ, 3-15-88) SC Shopping Center District All uses permitted in "NB" District. Drop-in Child Care Center (8QQ, 5-19-87) ~~~~~d ~~~ GB General Business District Agencies selling or displaying recreational vehicles, boats and marine equipment. ~ommercial recreation, not including massage parlors Day Care Centers Financial institutions Hotels and Motels Manufacturing (limited) Medical and dental clinics Mini-storage Mortuaries and funeral homes New vehicle sales Private clubs, lodges, and assembly halls professional offices Professional studios Public owned and operated property Rental businesses Repair services Research laboratories Restaurants Retail trade and services Service stations 'Theaters o Transportation terminal Vehicle wash establishments Page 40 Ordinance No.8, Section Veterinary clinic or hospital with no outside pens (0 vocational trade, business and technical schools - Warehouses Wholesale businesses (8ww, 10-6-87) INDUSTRIAL DISTRICTS: I Industrial Distric~ Building materials or lumber yard Manufacturing (limited) Medical and dental clinics Mini-storage Professional offices professional Studios Rental businesses Repair services Research laboratories Service stations \ i Transportation terminal or motor freight terminal Vehicle wash establishments veterinary clinic or hospital with no outside pens Warehouses Wholesale businesses veterinary clinic or hospital with no outside pens (8YY, 11-03-87) 7.02 Permitted Accessory Uses Within the following districts, the listed uses shall be permitted accessory uses: In All Residential Districts Keeping of domestic animals (3 or less except in R-1) Open, off street parking space (8BBB, 5-17-88) o Gardening and other horticultural uses Keeping of not more than two boarders or roomers by a rp.~id~nt family with no private cooking facilities Page 41 Ordinance No.8, Section o I Multiple dwellings with townhouses at an M-1 density and others as an M-2 density NB Neighborhood Business outdoor display only during operating hours Service station after minimum 2000 sq. ft. of retail floor space is constructed. Veterinary clinie or pet hospital with no outside pens SC Shopping Center Car Wash after a m~n~mum 25,000 sq. ft. of retail floor space is constructed Drive-in businesses or businesse~ with a drive-thru window (8ZZ, 3-15-88), Liquor, dancing, tavern or live entertainment Liquor License (8L, 7-21-81) Outdoor display, sales or storage during operating houl<s only Service station after minimum 25,000 sq. ft. of retail floor space is constructed (~ veterinary clinic or pet hospital with no outside pens S~Glo1 lAUS' GB General Business District Drive-in businesses or businesses with a drive-thru window (8WW, 10-6-87) Liquor License (8L, 7-21-81) Outdoor display, storage and sales Public utility structures Repair garage (8ww, 10-6-87) Used vehicle sales (8ww, 10-6-87) INDUSTRIAL DISTRICTS: '-1 Industrial Districts Liquor License ..0 Outdoor display, storage and sales Public utility structures Repair garages Page 44 _;-__ .?;n.rt11Y171 ;OJ'~- ,. o .'-:f;":. '? ~ ~ ~ ~ ~ ~ ~ ... ~ .. ~ <l oj 'I.- 3 , It "1-.1 r--1 I. III :~. :\I~lr-;;,lr-:--(. Ii . II: II: II~ I I ~ I 10.1 I. 110 LJl'l' 0:1 _ ,...J L" J L..... I . o' .~ .~ " . .. 1,..... ,. ~ ,,,: ~. , '\ '.. ~ .' ,.. " ~ l~ . . ~ ~~ ~~ ~~ I( ~l .,'.6 .' ~!~.. T'S '-'ij":.:(. r: ,\;:..". ~il',:-" ~'!: ",:1 ;. :g;:~;: (lXl"} -. ::0: I.. . ~. '1;. .., '\:. " .,.i;(<,J:;'X . . _ . ".... :l-;{ -,..,.:......i,':..........:.:.i:'..'~ l~' ., ~,;T~i.i[r, .' },,! ".<",...."".1:. I'" ~;;,~);;;1\iillk' If; ':,;: '. ~> i;~)f.l" ;i. '. ..:: :t,,; ".":.'~(~h . t..,l:.- '/.".'l~~ ' " .i.?~:'. :.; .YJ~\ D ',_ ; ;"!' o .__>_';j;Bi.. :'/.. '(F:' -~.--'- o \- ~, ~ Andover Planning and Zoning Commission March 28, 1989 Meeting Minutes Page Three There was some discussion about the trusses used in the building. Mr. Heidelberger stated the trusses were 2 x 6 and 2 x 8 trusses. Mr. Almgren stated that the trusses were not certified for this particular use and did not meet code. Mr. Bernard had a concern on why it took so long for Mr. Heidelberger to come to the City. Mr. Heidelberger stated he had a concern of approaching the City for a permit because of all the issues his father had been involved with in the City, and he admits that he probably took the wrong attitude at that time. A person from Osseo stated that he felt that because Mr. Heidelberger agreed to do whatever the City stated he needed to do to meet code, that the problem would be solved. Mr. Bernard asked if it might be a good idea to table this item to gather more information and take a look at the site. MOTION was made by Commissioner Bernard, seconded by Commissioner spotts to table this item until the next Planning and Zoning Commission Meeting to be held on April 11th, 1989. 5 Yes.votes, 1 No vote-Commissioner Jovanovich. Motion carried. PUBLIC HEARING: DOUGLAS LAWRENCE. REZONING R-4 to GB Mr. Blake presented the request for rezoning by Douglas Lawrence for the property located at 13311-13 Round Lake Boulevard. The proposed use would be for a convenience store/gas station/car wash. Mr. Blake stated that the property is surrounded by residential uses on all three sides. He also commented that the size and location of the property makes it a difficult parcel to develop. Mr. Blake outlined several items from the City's Comprehensive Plan which would affect this proposal. Ms. Sabel asked what the land use was on the Coon Rapids side. Mr. Blake stated that it is currently vacant and is scheduled-for a multi-family, residential-use district. Ms. Pease asked what would the access areas be if this project were to be done. Mr. Blake stated that the developer had planned to have one access directly onto Round Lake Boulevard located on the south side of the property. The preliminary design shows two accesses (in/out) on 133rd Lane. o c L co Andover Planning and Zoning Commission March 28, 1989 Meeting Minutes Page Four ) Ms. Pease asked what solutions there would be for traffic control problems. Mr. Blake stated that there would have to be major planning for Round Lake Boulevard. He stated that .what is planned right now is a stoplight at 135th Avenue and Roosevelt, on the Coon Rapids side. Coon Rapids will have lights at Northdale and at the exit of Round Lake Boulevard and Highway 10. Mr. Bernard asked what an appropriate use of this parcel of land could be. Mr. Blake stated that some sort of residential use -- a quad, an eight-plex or townhouse -- could be an appropriate use. One of his concerns was keeping the residences on Silverod Court buffered from this property. He felt it would be difficult to be use this area as a commercial use. The Planning Staff recommended the option to deny the request of Douglas Lawrence for the rezoning of the stated property for the following reasons: (1) the proposal doesn't meet the requirements set forth in the City's Comprehensive Plan and (2) because of the proximity of other neighborhood business and major shopping facilities, the proposed location would not serve the interests of area residents and the City. Chairman Pease opened the public hearing. Mr. Lawrence stated he has looked at this property over a year ago. He also felt this was a hard piece of property to develop, and there's a lot of traffic off of this road. He plans to put a Phillips 66 station on this land, similar to the one on Highway 10. and Hanson Boulevard. Ms. Sabel asked if Mr. Lawrence had conducted any market surveys. Mr. Lawrence responded saying that it would be a substantial cost to conduct a market survey, but that the Phillips people have been out several\ times and they agree that this is a good location for a gas station. He also stated that the Phillips people do not do touch anything without a marketing study. If it doesn't meet their criteria, they don't build it. Gary Jutt, 13314 Silverod Court NW, who is a resident of one of the houses behind the proposed lot stated he agrees with the Comprehensive Plan and in trying to keep this area residential. Also, he stated there are already 4/5 convenience stores within a two-mile radius. He didn't feel there could be an appropriate buffer from the residences. Everyone wants to keep this as an R-4 residential. .0 L c, lO Andover Planning and Zoning Commission March 28, 1989 Meeting Minutes Page Five There were about 30 residents at this meeting who raised their hands in disagreement wibh rezoning this property. Sue Coyle, 13493 Marigold Street, is a resident at the other end of the development, but agrees with Mr. Jutt. She feels a multiple dwelling in this area would do very well. Nora Lindgren, 13355 Round Lake Boulevard, lives directly across the street. She was concerned about her property value if this type of gas station is allowed to be built on this site. Roy Velander, 13337 Rose Street, lives on the next cuI de sac from this area. Some of his concerns were the traffic considerations, and felt that if this was built, the traffic would have to go through his development to exit. He asked if anybody notified Coon Rapids that this property could be rezoned. Mr. Blake stated that a copy of a pUblic hearing was sent to the City of Coon Rapids. Carmen Dryde, is a resident on 134th, a block from this area. She doesn't understand why anyone would want to put a commercial area in this small area, in a residential neighborhood. Another resident spoke who lives directly behind this proposed side. He stated this was his first house and he probably would not have bought this property if he knew it would be close to commercial property. The residents were in agreement they would like a single- family home at this site. Chairman Pease asked the audience, given the fact that this piece of land is hard to develop, who would be opposed to putting a multi-family dwelling put on this site. Most of the residents agreed this was better than a commercial use. Ms. Bosell asked what the frontage was on 133rd - Mr. Lawrence stated it was 330' along Round Lake Boulevard, and 175' of frontage on 133rd. Chairman Pease closed the pUblic hearing~ J.. o u Andover Planning and Zoning Commission March 28, 1989 Meeting Minutes Page Six MOTION made by CommissioQer Jovanovich, seconded by Commissioner Spotts, that the 'Andover Planning and Zoning Commission recommends to the City Council disapproval of the rezoning request of Douglas Lawrence for the property at 13311-13 Round Lake Boulevard (Lot 1, Block 1, Weises Second Addition) to build a convenience store/gas station/car wash to rezone it from R-4 to general business zoning. The proposal does not meet the requirements set forth in the City's Comprehensive Plan and Development Framework with regards to the location of the commercial centers in the City. Because of the proximity of other neighborhood business centers and major shopping facilities, the proposed location would not serve the interests of area residents and the City. Also because of major traffic problems this would create for residents, the proposed location would not serve the best interests of the residents. A pUblic hearing was held, and there was much opposition to this proposed rezoning. Discussion: Ms. Bosell suggested that the related ordinance ~.. be included in the motion - Ordinance 8, Section 5.02 (Rezoning). Chairman Pease polled the Commission: Yes - Ms. Sabel, Yes - Ms. Jovanovich, Yes - Mr. Spotts, Yes - Mr. Bernard, Yes - Ms. Pease, Yes - Ms. Bosell. Motion carried unanimously. This item will go to the City Council on April 18th. The Andover Planning and Zoning Commission recessed at 9:00 and reconvened at 9:10. PUBLIC HEARING: SPECIAL USE PERMIT. NORTH TWIN CITIES CHURCH OF CHRIST Jay Blake presented the request of North Twin cities Church of Christ to locate a church congregation in a residential district. The request is to renovate an existing single family home at 14191 prairie Road NW. The church plans to purchase the home and renovate_the property to meet the needs of the small, but growing church. The property is currently in a rural R-l residential district is approximately 10 acres in size. ~ The staff's recommendation is to table the item until architect plans can be completed and reviewed. ( Or(7i"'I. CITY of ANDOVER \,1'\J ,\ ... ~..~-=".....;.f 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 7:30 p.m., or as soon thereafter as can be heard, on Tuesday, March 28, 1989 at the Andover City Hall, 1685 Crosstown Blvd. NW, Andover, MN to consider an amendment to Ordinance f8 (Zoning Ordinance) to rezone property from R-4 Single Family Residential toGBG~neral Business.." The proposed amendment would rezone property described as: Lot 1, Block 1, Weises Second Addition, Anoka County, Minnesota (Address: 133rd and Round Lake Boulevard). Interested parties of said proposal will be heard at the above time and location. u.J;Lt.. Vicki Volk, City Clerk \ o o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION NO, DATE ORIGINATING DEPARTMENT Ap ri 1 18, 1989 ITEM NO, Crosstown Blvd. Storm Sewer, cont. BY: James E. Schrantz FOR Discussion Items Engineering The City Council is requested to consider the assessment formula for determining the benefit to the properties that drain to Crosstown Boulevard. The City Council asked TKDA to calculate the benefit based on the cost to construct a storm sewer that would serve the County road needs and then to take that cost from the total cost of the storm drainage system that was constructed to benefit the total drainage basin. Attached are the calculations that John Rodeberg has made. The bottom line is we should assess the storm drain cost to Kensington Estates and the remainder of the basin at $0.04/sf. John Davidson and I met with Paul Ruud and John Olson of Anoka County to discuss further participation in the Crosstown Boulevard improvement projects. The street portion of the project, their share of it, has increased from the original estimate to the final by about $63,000. They believe the County will participate in that amount because the agreement was written that the County will pay the final contract amount. As far as the County's storm drain participation, the agreement is written according to their policy "the state aid formula" which amounts to $50,053 (see item 1, 4/4/89 under project 4). We're asking them under this proposal to pay $26,000 additional for storm sewer - from about $50,000 to $76,000. In order for the County to participate in the $26,000, we will have to renegotiate the contract with the County. This will take County Board action. This is quite a deviation from their normal policy. The policy is attached on how they share costs with the cities on improvement projects. COUNCIL ACTION MOTION BY TO SECOND BY . . . q,KDA ENGINEERS ARCHITECTS PLANNERS T.OL TZ. KING, DUVALL. ANDERSON AND ASSOCIATES. INCORPORATED April 12, 1989 Mr, James Schrantz City Administrator 1189 CrosstCMn Boul evard NW Andover, Minnesota 55304 Re: CrosstCMn Boul evard Storm Sewer 140th Avenue to Coon Creek Project 87-3B Andover, Minnesota Commission No. 8179-05 Dear Jim: 2500 AMERICAN NATIONAL BANK BUILDING SAINT PAUL. MINNESDTA 551 01-1893 612/292.4400 FAX 612/292-0083 . --~-E--C~:iV f. R~;;~D CITY OF ANDOVER Per direction of the City Council, we have estimated the cost to construct a storm sewer system for the above referenced project based on serving the County Road right-of-way only. We then calculated the revised assessment rate based on not assessing those properties within 150 feet of South Coon Creek Drive or CrosstCMn Boulevard right-of-way, In conjunction with the City's state-aid polley. The final cal cuI ated expense rate was 22.0% Instead of the 30.0% estimated previously. Costs are estimated based on actual bid prices, Cost of construct I ng 18" RCP from South Coon Creek Dr Ive to Coon Creek to serve County right-of-way only: 18" RCP CI ass 3 Storm Sewer Catch Basi n 18" RC Flared End Section Rlprap Class IV Granul ar FII ter 1,390 LF 8 EA 1 EA 4.4 CY 2.2 CY $ 25.00 $800,00 $480,00 $ 60.00 $ 40.00 $34,750 $ 6,400 $ 480 $ 265 $ 90 Subtotal $41,985 Catch Basi ns and Leads (from prev lous report, actua I cost) $28.155 o Total Estimated County Outlet Pipe Construction Cost 8% Engineering Total Estimated County Share ($50,055 Previously) Total Storm Sewer Proj ect Cost $95,679 x 1,22 South Coon Creek Drive MSA Share $3,085.85 x 1.22 County Share Total ~ Share ($70,320 previously) $70,140 $ 5.610 $75,750 $116,730 -$ 3,770 -$ 75.750 $ 37,210 o o .J' Mr, Jim Schrantz Apr II 12, 1989 Page Two Assessments Total Benefitting Area CrosstOil n Boul evard Right-of-way South Coon Creek Drive Right-of-way , CrosstOiln Boul evard 150' Setback South Coon Creek Drive 150' Setback Remaining Assessment Area 47.7 Acres - 6.4 Acr es - 1 .1 Acr es -16.1 Acr es - 2.4 Acr es 21.7 Acres Assessment Rate: $37,210,00/21,7 Acres = $l,714,75/Acre = $O,04/SF I f you have any q uestl ons, pi ease gl ve me a ca II, J ffi:J ,. ,........ i .~ -- ./ -6- o EXHmIT A Cost Sharing Agreement fo1" Projects Constructed in Anoka County Using County State Aid Funds 01" Local Tax Levy Dollars ITEMS COUNTY SHARE CITY SHARE Concrete Curb &. Gutter 50% 50% Concrete Sidewalk 0 100% Concrete Sidewalk Replacement 100% 0 Concrete Curb &. Gutter for Median Construction 100% 0 Concrete Median 100% 0* Grading, Base &. Bituminous 100% 0 Storm Sewer Based on State Based on State Aid Letter Aid Letter Traffic Signals Communities larger than 5,000 1/2 of the cost of the cost of its legs its legs of the of the intersec- intersection tion plus 1/2 the cost of the County legs of the inter- section Traffic Signal Communities less than 5,000 100% 0** Engineering Services for construction 90+% 8% of its actual construction cost Right of Way 100% 0*** * The County pays for 100% of a Standard Median Design such as plain concrete. If a community requests decorative median such as red brick, stamped concrete, or exposed aggregate concrete the City will pay the additional cost above the cost of standard median. * * In communities less than 5,000 people the County pays for 100% of the cost of the traffic signal effective in March of 1986. The County collects on behalf of the cities (less than 5,000) "Municipal State Aid Dollars" since they do not themselves qualify for state aid funds. These funds are used to pay the City Share. o * * * In the event that the City requests purchase of right-of-way in excess of those right-of-ways required by county construction the cities participate to the extent an agreement can be reached in these properties. For instance a city may request a sidewalk be constructed alongside of one of our roadways which would required additional right of way, in this case the City may pay for that portion of the right of way. o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE April 18, 1989 a es ITEM . Nordeen's Addition NO, ORIGINATING DEPARTMEr~ Planning (V"" Jay Blak~ity Planner BY: e1jVc FOR AGENDA SECTIONt. NO, HRA Mee lng REQUEST The Andover City Council is requested to review the enclosed bid received for the purchase of two lots in Nordeen's Addition. The City advertised in the Anoka County papers for two weeks and received one (1) bid for the purchase of Lot 4, Block 1 and Lot 4, Block 3 of Nordeen's Addition. The two lots that were sold last year went for $13,500 a piece. This bid of $3,920 per lot is significantly less than the previous bid. The City had reserved the right to reject the bids if in fact they were too low. STAFF RECOMMENDATION Staff recommends that the City HRA reject the bid received from Northern Construction of Champlin. JB MOTION BY TO COUNCIL ACTION SECOND BY o -----. z) ~.,~ ..""ul'Mi:tJ , , I -*' ~ ~ ~~~~ ,,- ", ~ ~~ ~ " " ~,~", '~.~ ~~ ~'" ,..~I> r' ,. ~ : ~ ~ , '-- ~~ 3' .. ~ :!J ~ ~ 1: I: i c 1 \l , J III ..... 'l 'Ii ~ ~~ <J .~ ~ ,~ . " ; .; oN ... \-; ..; S to A I ~ -./ --.-- \ . o ........ ".u ~ ~ '-1' . ., -6.sBot. ,-", I , ...' 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I'~'t l~" , · \"'-Sl~~~ ~ ~:S,~ r ;B'I''. ~ I ' I... t' I-"'!~ :' ~.~ ! " 1""'". , I . .~ ~ .~~~ .;: , " . I .. ,11#/ , I . :~ +.::-.~ .-x ~.~ I ' . . ,6#/ I , . , ~ ,~ ~~ :'" ~ oi , I .", . , , :~~"" . .' ~ ~\ . . , , . '..... , , , , . . " .., .... .e. 00' , 'l.S .. . ... , _ 00' 00, ~ ~ ~ . .:~ ~~ ~ 0\ , O~/ D 0/ . --. -i!."C \ ~ ~~~ 9 '\l ~ 'IIr: 0" cs c: ~ ~~ : ~ ~ "'==', ~~. ~.~ ~~.O\ ~. ~,~../ ~ '"J I~'J: .~ ~ ......'-1 . ~ ~ \0 ~-z. ~.~ ."I' _f/ ~ f- CD 10 " ~ " -;;: fr) ~ " "0, ....... -.!i :-.. . " '. ."" o.tI' '~J~~ l&-,(~~ :)()<t.FI<: 'l.Slf1'~153'\ '11 -, ...... ....... .... .... ~ -.:::!. ~ '- ~ t\l. ~ n__'_ n_..!i .' .1// -, /Yea - .., "iU ..,...., ~ ~ ~ ~, ~-, "') ~ 'r_~ ----- ---"... 0." ../ 0'" \a ~ ~ Z -;;:Ot -.::!.:. " ..7 .", '<) : ~ ~ '01/ "0' -, .. w ..~ -~ "t l.\fnown>f ...., -I _z ...~ '" -:::::. . . " dO. , . ~ . . " %: t- ~ . 10 ~ It) - ~ ...... ,,~ _or. .,/ La"'.... HOH\fl :: ..., "'" 0", ~ ~ . -~..~ --. 0::- ~ -W _n~_J __~ .J.__. #'1' " '."4~"::1'" t. ~ .;~I/ ll' '" to\ ~ :ll 00 "t "'" """ ,!1 l' .ll I...:'L '~ ~ ~ --. ~~ ,!, 'f ~ '~"" ~ 1 'I - ~ ~ "t ...., . :~~ , :'~ ~ . . "!,/ ..._. _~__..n ._ !'l ;"~!\ ~ :......~\~ . B6r .....~I I . ~ /1 tl ~.!! ...::! . o . --..", t\I "...~... -II ~ e II :'). ~l tJVl ~ fl at' ~- . , , , , , , I . , , . I I . , , , , , , . ,. , I ,f ~ .' _\ - C) ...... f:':. .... ~"\ ':...i....... , " , , , ~ ~ o! L l o ell,..,. ..,.,..,~ ~ ~I-l "I" -"L .. ~: \ \ ~'\C2 - . '-.. . , , . . . . . '. : I' . ,. ~:;., , ;6', , ::.: , Itl": " It , , ! /~ F-~zr--;--' '}.. ,,' . , 'J 4 I , . I , I . o PRINTER'S AFFIDAVIT OF PUBLICATION . ADVE;;;S~~;'~~R ;I~S .---;j '; .:; ,', CITY OF ANDOVER, j ... ,: .. MINNESOTA i , I .1 l The City of Andover Is acceptIng bids for two lots - within Nordeen's Addition. The lots are 20.000 square feet In size and are zoned R-3 (Single Family Residential), Interested parties : . cen contact City Hall for additional Informa' tlon. Seated bids should be received by the An- . dover City Clerk. 1685 Crosstown Boulevard NW. Andover. MN 55304, no later than 4:30 p.m. Friday, March 31. 1989. The City reserves-the. j rlahttorelectanyorallblds. '. ,:.,' .: . ...~.I 081.3.10-19 '1', ~ "I,;";' :.~ ,!:. .~: .,. Vicki Volk ' ,.' Vicki Volk. City Clerk City of Andonr 1685 CrosstOWn Boulevard Andover. Minnesota 55304 (6121'155-5100 ~ :abcd.fahllklmnopqrsluvwxyz:' ~ " , , I ,1: Published In Anoka Co. Union' ". ..~....~: :;[.1':; M~~.Ch.17 ~.~"~_.~9~~..._.._ o 5T A TE OF MINNE50T A ) ss County of Anoko ) Peter G, Bodley. being duly sworn. on oath says that he is the managing editor of the newspaper known as the Anoka County Union. and has full knowledge of the facts which are stated below: 'I I : II (M The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper. as provided by Minnesota Statute 331A,02. 331A,07. and other applicable laws, as amended, J .; (il) Theprinted" ,ADVERTISEMENT ,FOR BInS".."""""".."",.,."".""" ."""""."..", ,Nordeens. Additon.""""""""""""""."",..,.,.", which is attached was cut from the columns of said newspaper, and was printed and published once each week, for" W~:,., . successive weeks; it was first published on Friday. the .,.;I}t;J:t,..,..,. day of "tj:m:/1,.,...,.. 19,~?,. and was thereafter printed and published on every Friday to ~nd including Friday. the ,,'" ZAtb,..... day o( . . . . , March. . . ., 19.89, ; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghljklmnopqrstuvwxyZ abcdefgh' 'klmnopqrstuvwxyz Subscribed and sworn to before me on /- this~4th. . . day of , . .March, , . . . ., 1989. . C_.__".~._'\. t IAAll_...AA"_lAA....._..._&_&..UAM..&~l"AAAU......&Af DIXIE MA~ON NOTARY PUBLIC. MINNESOTA . , , . ANOkA COUNTY MyCommlssloh ExplresMay lO,lS89t xn ::i( ---------------------------------------- HATE INFORMATION ( 1) Lowest classified rate paid by commercial users for comparable space $ 3.72 (Line, word. or inch ra te) (2) Maximum rate allowed by law for the above matter $ 4.09 (Line, word, or inch rate) (3) Rate actually charged for the above matter $ 1 60 (Line. word. or inch rate) o NoK771dfll CONsTRuc77oN )2101 /nJ~JSSI fi'Pl l:J'R, ~I/MrlH-}N tnN. SS.3'Js::> I (tole) (z.7-7937 / Jo;!N ~~7&i::iCT ?,f'o~ m l"Vi2CHU:S~ FKon? mF crry OF' /MJ~OUb-R, z LcJrs /# .Nok.~7Ii ;+;SD/770N ;55"'39 uKeH sr AND loR /510/9 KUfYlaUI'rT ~ 70 CLo::s- IN .3() bn'iS QL " o f'm. /()lVNf5t!. NoE:1'leeN eOtJS772UCTcO^, 127- 79j7 o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE Anril 18, 1989 AGENDA SECTION NO, 1 d t- . C ose Mee __lnq ORIGINATING DEPARTMENT BY: V, Volk APP~O{bV OR AGEI"~A ;j BYtl V Fire ITEM NO, Attached are the materials provided at the last meeting regarding the firefighter in question. This firefighter has informed Chief Palmer that he will be at the April 18th meeting. V:Attach Q MOTION BY TO COUNCIL ACTION SECOND BY A o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE April 18, 1989 ITEM NO. . Commercial Lot Sale Jay Bla AGENDA SECTION . NO, St:aft-, Comml ttee, Commission ORIGINATING Plannlng BY: REQUEST The Andover City Council is requested to review the following purchase agreement for a lot in the Andover Commercial Park: LOT PURCHASER Lot 1, Block 3 AgriChem, Inc. The agreement has been reviewed by Attorney William Hawkins. The signed agreement and $1,000 deposit were sent by AgriChem and should be received by the City Attorney prior to the Council meeting. Copies will be available at that time. Mr. Dave Greer of AgriChem will be at the meeting to answer any questions you might have. MOTION BY TO COUNCIL ACTION SECOND BY .. . o Legal Description Sale Pr ice Contract for Deed o Ur~ PURCHASE AGREEMENT RECEIVED OF AgriChem, Inc., a Minnesota corporation, Buyer, the sum of One Thousand and no/100 ($1,000.00) Dollars as earnest money and in part payment for the purchase of property sltuated in the Andover Commercial Park in the City of Andover, County of Anoka, State of Minnesota. Lot 1, Block 3, Andover Commercial Park, according to the map or plat thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota Thirty Thousand Four Hundred Twenty and no/IOO ($30,420.00) Dollars, which Buyer agrees to pay in the fOllowing manner: Earnest money paid herein: One Thousand and no/100 ($1,000.00) Dollars, Five Thousand and no/lOO ($5,000.00) Dollars on or before June 1, 1989, the date of closing, and Twenty-four Thousand Four Hundred Twenty and no/lOO ($24,420,00) Dollars without interest thereon, by Contract for Deed. Such unpaid principal balance shall be due and payable in full on November 1, 1989. Allor any part of the principal balance may be prepaid at any time without penalty. Subject to performance by the Buyer, the Seller agrees to execute and deliver a Contract for Deed conveying marketable title to said property, subject only to the fo1low- . . I 1.ng except1.ons: 1. Building and zoning laws, ordinances, State and Federal regulations, 2. Restrictions relating to use or improve- ment of the premises without effective forfeiture provision, 3. Reservation of any minerals or mineral rights to the State of Minnesota, 4. Utility and drainage easements which do not interfere with present improvements. -1- o Taxes and Special Assessments Additional Te rms and Contingencies Possession Title o (1 ) (2) The parties hereto agree that the real estate taxes due and payable in the year 1989 shall be prorated to the date of closing based upon a calendar year. Buyer shall pay all of the taxes due and payable in 1990 and all years thereafter. Seller shall pay all levied and pending special assessments due against the property at the date of closing, except that Buyer shall be responsible for all water and sewer connection charges which the City col- lects at the time of issuance of a building permit. ... This ag reement is contingent upon the follow- ing items: Acceptance by the City Council of Andover. In the event that the City Council has not accepted this agreement and authorized the execution hereof by the mayor and clerk within thirty (30) days after the execution of this agreement by the Buyer, this agree- ment shall be null and void. Buyer shall not contract for any labor and/or material or construct, or make any improve- ments to the property including grading, staking, or surveying until the balance on the contract for deed hereunder is paid in full to the Seller. In the event any such activities are undertaken by the Buyer such shall be deemed a default in the terms of the contract for deed. The Seller further agrees to deliver posses- sion not later than the date of closing provided that all conditions of this agree- ment have been complied with. Seller shall, within a reasonable time after acceptance of this agreement, furnish an Abstract of Title, or a Registered Property Abstract, certified to date to include proper searches covering bankruptcies, State and Federal judgments and liens. Buyer shall be allowed ten (10) business days after receipt for examination of title and making any objections, which shall be made in writing or deemed waived. If any objection is so made, Seller shall be allowed one hundred twenty -2- o De faul t Occupancy Survivability o (120) days to make title marketable. Pending correction of title, payments hereunder required shall be postponed, but upon correc- tion of title and within ten (10) days after wr i tten notice to Buye r, the parties shall perform. this agreement according to its terms, If title is not corrected within one hundred twenty (120) days from the date of written objection, this agreement shall be null and void, at option of Buyer, neither party shall be liable for damages hereunder to the 0 ther, and earnest money shall be refunded t~ Buyer. If title is marketable or is corrected within said time, and Buyer defaults in any of the agreements herein, 'Seller may terminate this ag reement, and on such termination all pay- ments made hereunder shall be retained by Seller, as its interest may appear, as liqui- dated damage s, time being 0 f the essence hereof. This provision shall not deprive either party of the right of enforcing the specific performance of this agreement, provided this agreement is not terminated and action to enforce specific performance is commenced wi thin six (6) months after such right of action arises, In the event Buyer defaults in his performance of the terms of this agreement, and Notice of Cancellation is served upon the Buyer pursuant to MSA 559.21, the termination period shall be thirty (30) days as permitted by Subdivision 4 of MSA 559.21. The Buyer shall hereby be entitled to occupy the warehouse portion of the building to be constructed prior to finishing and occupying the office space therebn. Such warehouse portion shall be completed entirely according to the plans and specifications approved by the City. The decision of the City Building Official as to compliance with said plans and specifications shall be final. The provisions of this purchase agreement shall, to the extent applicable, survive the closing. -3- o o Closing The closing shall take place on or before June 1, 1989. Buyer is hereby accorded the pr ivi1ege of closing a t an earlier time upon ten (IO) days written notice to Seller. The delivery of all papers and monies shall be made at ~he office of: William G. Hawkins Burke and Hawkins 299 Coon Rapids Blvd., 1101 Coon Rapids, MN 55433 Seller ~ We, the undersigned, owner of the above land, do hereby approve the agreement and the sale thereby made. Dated: , 19_ CITY OF ANDOVER By Mayor By Clerk Buyer I hereby agree to purchase the above property for the price and upon the terms above men- tioned, and subject to all conditions herein expressed. Da ted: , 19 1 - AGRICHEM, INC., A MINNESOTA CORPORATION By -4- o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE April 18, 1989 ITEM NO, Olson Tires 11. ORIGINATING DEPAZTMENT Planning Jay Blake City Planner BY: AGENDA SECJION . NO, Staff, CommJ. ttee, Commission REQUEST ~~ Mr. Wayne Olson has requested an opportunity to speak to the City Council regarding the tires located on his property at 133rd and Hanson Boulevard. City Staff has put the Mr. Olson on notice of Ordinance Violation and they have been investigating options for the removal of the tires. They are aware of the opportunity to bring tires to the shredder. Please review the enclosed map. JB MOTION BY TO COUNCIL ACTION SECOND BY (U) ~ :; z z z w w w ;0 > ;0 ;. ;0 >- ;0 ~ > z ~ ;0 2: Z Z <( 2: <( 2: <( W W W W W ~ ~ i; ~ :c i; > > 0 l- i; <t <t a: ~O (/) ~ I- = = = (') ~ ~ ~ r-- c 0 0; a; (') "' on .. (') '" v ~ ~ !2 ,... '" ,... ..: > !2 !2 ,... ,. '" , ...J :.< ...J << :J: 0( 0- Il:: UJ ~ Z => <0 .$I..., ! f ~I ..,.., Q1J./ OUI +<17 "..,~ ~ qQz . ~ ~2 ~ = ,\.I:r .0 ~S SSOY~ "al" ~S OYla3n19 ~S 3N"Y:> ~S 3>1lfHO JS 319113 JS 09NI..."-U ~S 3SnOY9 ~S OYla9NI......nH ~S SI91 !S ."r ~S Y33011'. is 13NNll is NIHn,w ~S 31V9Nl.LH9IN ~S 39"SO is ~901Y~Y"d ~S NNlnO ~S N3^"Y ~S MOll"MS ~S HSnYH~ is Y30NY'dn ~S NIOY3^ is N3YM ~S SI^". ~S NO)!nA ~S NOIZ JS O"3HMOYY" 1S 133MSY31119 o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE April 18, 1989 ~gENDA S~~Cl!~N Commi t tee, Commissions ITEM Disaste~'" plan NO, Approval ORIGINATING DEPARTMENT Engineering APPROVED FOR AGEN~ [\ " ~ BY: '" BY: James E. Schrantz The City Council is requested to review and approve the revised Disaster Plan. After the tire fire the Disaster Committee reviewed the plan, revised it and reorganized the information so it is more readable and phone numbers are more easily found. c MOTION BY TO COUNCIL ACTION SECOND BY CITY OF ANDOVER EMERGENCY MANAGEMENT o EMERGENCY ACTION PLAN EMERGENCY ACTION PLAN This Plan is designated the City of Andover's Emergency Action Plan and is coordinated with, and supported by, the Anoka County Emergency Management Plan. The authority of this Plan was established by Public Law 920, 21st Congress, Minnesota statutes, Chapter 12, as amended. The mission of this Plan is to establish and maintain an emergency operational capability to save lives, minimize the effects of a disaster, provide for continuity of government, and to mobilize resources to recover from an emergency. HAZARD ANALYSIS PURPOSE: The purpose of this Plan is to provide a guide for emergency operations. The plan is intended to assist key City officials and emergency organizations to carry out their responsibilities for protection of life and property under a wide-range of emergency conditions. Tornadoes, floods, blizzards, and other natural disasters can affect the City of Andover. In addition, major disasters such as plane crashes, fires, explosions, accidental releases of hazardous materials, and enemy attack pose a potential threat to public health and safety in the City of Andover. An Emergency Plan is needed to ensure the protection of the public from the effects of these hazards. o WARNING SIGNALS o TYPE OF WARNING: 1. ALERT SIGNAL (Steady tone for 5 minutes) This signal will be used for any type of natural disaster. This includes, but is not limited to tornadoes, explosions, radiation accident, chemical accident, floods, etc. Public should turn on radio or TV for specific instructions. 2. Test - First wednesday for each month - 1:00 PM will be tested. Signals WARNING OFFICER PROCEDURES WARNING OFFICER ACTIONS: (Senior Officer on Patrol) Upon receipt of a warning of natural or man-made disaster, the Warning Officer will: 1. Call in the following sequence and request instructions: Fire Department/police City Administrator or Alternate Public Works Supervisor 2. The City Administrator will advise the other actions to be taken. Actions to be taken by local government officials, Civil Defense Director, and Emergency Service Chiefs under readiness conditions as follows: READINESS CONDITION 1: Advise all staff personnel of situation, review all plans and procedures, and check condition of equipment and status of supplies. READINESS CONDITION 2: Service Chiefs or designee report to Administrative Headquarters. Alert all staff personnel and government officials. Ready all equipment for use, making repairs if necessary. Standby personnel report to Administrative Headquarters and make preparations to operate on around-the- clock basis. Correct all supply deficiencies and staff remain on a~ert. Check communications. o READINESS CONDITION 3: All emergency staff personnel designated to do so, report to Administrative Headquarters and commence 24 hour operations. Activate and operate communications. Establish communications with Anoka County Civil Defense and report City of Andover's status. ' Page 2 ADMINISTRATIVE HEADQUARTERS o The Mayor, City Administrator, Council, and Emergency Staff will operate from the Administrative Headquarters in the event of an emergency. LOCATION OF ADMINISTRATIVE HEADQUARTERS: Andover City Hall - 1685 ,Crosstown Blvd NW ALTERNATE ADMINISTRATIVE HEADQUARTERS: Should the above Administrative Headquarters location become inoperable, the alternate location for the Administrative Headquarters will be Bunker Hills Activity Center - 550 Bunker Lake Blvd - 757-3920 ACTIVATION: The City Administrator will initiate the activation. Staff (when alerted) will report to the Administrative Headquarters and take action according to their service check list. COMMUNICATIONS: Telephones will be available in the Administrative Headquarters. For additional telephones call Vicki Volk. Radio - Communications Chief will activate all communications according to plan. EMERGENCY POWER: To be provided by emergency generator - call the following personnel: Back-up Personnel: Frank Stone - 755-8027 Ray Sowada - 434-9734 Kevin starr - 753-2940 Dale Mashuga - 755-5559 MAPS: A City Map showing locations of the Important Facilities is attached and will be updated when changes occur. o Page 3 o '~ I ~- o \ '--. &~rnxIDW~l]. IID]]~&~'li'rnUR IPl1.&lm CHAIN OF COMMAND DEPUTY SHERIFF AND I OR FIRE CHIEF ( SEII'IOR. OFFICER. Oil' DUTY) I I MAYOR ~ - :...... .. - CITY - ADMINISTRATOR I FIRE CHIEF (FlltE PltOTECTIOB 10- . II< -I llESCUE SQUAD) LEGAL I - PUBLIC INFORMATION POUCE SERVICE - ... FINANCIAL '.MANAGEMENT COMMUNICATIONS I . ...... PUBLIC WORKS MANPOWER I SUPERINTENDENT .- (PUBLIC WOltKS .. SUPPJ_ Y F-QUIPMF-JI'T) PAGE 4 PERSONNEL LISTING o ADMINISTRATION Jim Schrantz 10817 Dahlia st. 427-4456 ALTERNATE: DAVID ALMGREN 14800 Evergreen st. 434-4055 PUBLIC INFORMATION Jim Elling 2204 - 176th Lane (home) 753-1919 (recorder) 753-1273 ALTERNATE: MIKE KNIGHT 4622 - 175th Ave 421-9247 PUBLIC WORKS Frank stone Ray Sowada Kevin starr Dale Mashuga Wayne Patchen Scott Protivinsky Rick Vickstrom 2725 - 134th Lane 14921 Butternut st. 3415 - 197th Ave 14330 Osage st. 13423 Crooked Lake Blvd 2172 Green Ave Apt. #4 14532 - 7th Ave. 755-8027 434-9734 753-2940 755-5559 754-3914 421-9248 422-8103 ALTERNATE: PERSONNEL ON DUTY PAGER # 648-2357 LEGAL Burke & Hawkins 299 Coon Rapids Blvd 784-2998 FINANCIAL MANAGEMENT Shi rley Clinton 13365 Gladiola st 755-3053 POLICE Anoka County Sheriff's Office 427-1212 FIRE PROTECTION & RESCUE Robert Palmer 2540 - 140th Ave Glenn Smith 15914 Swallow st. Weekend Duty Officer 757-1013 434-3356 427-1212 CIV~L DEFENSE COORDINATOR Jim Schrantz Dave Almgren 10817 Dahlia st. 14800 Evergreen st. 427-4456 434-4055 COMMUNICATIONS o Vicki Volk 110 Yoho Drive 421-4001 page 5 SUPPLY o Frank Stone Personnel on Duty COMMUNITY DEVELOPMENT Jay Blake o 2725 - 134th Lane 530 Egret Blvd Page 6 755-8027 pager * 648-2357 754-0738 MAYOR AND COUNCIL PROCEDURES o MAYOR & COUNCIL PROCEDURES In the event of a natural or man-made disaster, the Mayor will be contacted by the City Administrator and may be requested to report to the Administrative Headquarters located at City Hall. The Mayor will act as liaison between the Council and City Administrator and will maintain contact with the City Administrator. The Council may be requested to come to the Administrative Headquarters. In the event the Mayor cannot be reached, the Acting Mayor will preside. Upon recommendation, the City Administrator may be requested to declare a state of Emergency in order to request state and Federal assistance. MAYOR & COUNCIL LISTING MAYOR AT-LARGE Jim Elling 2204 - 176th Lane 753-1919-home 753-1273-recorder COUNCILMEMBERS Don Jacobson Michael Knight Ken Orttel Marjorie Perry 14826 University Ave 4622 - 175th Lane 2772 Bunker Lake Blvd 17337 Roanoke st 434-3401 421-9247 (Acting) 755-8425 427-4485 o Page 7 10 SERVICE CHIEFS (GENERAL) PROCEDURES o When an emergency occurs, all Service Chiefs will review this list and take action as required for his particular service. FIRST PRIORITY IS TO SAVE LIVES!!! 1. When alerted of an emergency, call your staff workers and report as ordered. 2. Review your service plans, S.O.P.'s, and resources. 3. After briefing, issue instructions to your staff. 4. Obtain damage assessment information pertinent to your service, repo~t to Administrative Headquarters. 5. Insure Coordinator and staff are advised of actions being taken. 6. Register all personnel, confirm they have passes, keep time sheets, and rotate personnel. 7. Establish security when pertinent to your service. 8. Written assignments should be given to all working personnel, or posted for all personnel to read prior to taking assignment. 9. Coordinate the activities of your staff with other services. 10. Use all resources including personnel, equipment, and supplies, before requesting assistance. Try to anticipate your service needs for manpower and equipment to meet your needs so they are available as required. When requesting assistance, be specific - WHAT - WHEN- REPORT TO WHOM - AND HOW LONG will assistance be needed. 10. Be prepared to make periodic reports on status of operation and problems remaining to be resolved. o Page 8 0 1. 2. 3. 4. 5. 6. 7. o LAW ENFORCEMENT CHIEF: Maintain current roster of all personnel - regulars and reserves. Notify Staff to report as situation directs. Chief or Captain will remain in the Administrative Headquarters to coordinate Police activities with other services. Officer in charge at scene of emergency will immediately CLOSE OFF DISASTER A~EA to stop and reroute all in-bound traffic and estab1isn security as needed. Communications between roadblocks and Administrative Headquarters will utilize Police radios. Police car radio will be primary communications to County Administrative Headquarters in the event of landline failures. set-up emergency pass system when needed. Call the Chief of Police, Area Commander, and District Highway Patrol for passes. City Staff will assist with administration of pass system (be sure persons issuing passes know the people and the community. Passes should be for a limited time and re-issued as necessary). a. Color coded arm bands will be issued to rescue and law enforcement personnel (with proper identification), press, relatives or victims searching for family members, etc. EVACUATION AND MEDICAL Due to smoke toxicity and other potential hazards, evacuation of a 2,000 foot radius and down wind of no less than one mile may be necessary. Due to the need for proper breathing apparatus the evacuation of living areas on or near the property becomes the responsibility of the Andover Fire Department. Areas to be evacuated (a decision of Fire and Police Departments) will be the responsibility of the Police and Sheriff's Department for the area. Tentative evacuation points have been set up. The opening of these buildings is the responsibility of the Police or Sheriff's Department in the city they are in. If there are any changes notify Central Communications promptly. These points are (depending on wind direction): Anoka Senior High Bunker Hills Activity Center Coon Rapids Junior High Coon Rapids Senior High Health Central Ambulance and Hospital (Mercy-unity) administrative personnel along with Red Cross for Anoka County area have been briefed on this situation and the possible life hazards involved set forth by the MPCA. Page 9 0 1. 2. 3. 4. 5. 6. o FIRE AND RESCUE CHIEF: Maintain current roster of personnel (names, addresses, phone - business and home). Notify personnel to report as situation directs. Chief or Assistant Chief will report to the Administrative Headquarters to coordinate fire and rescue activities with other services. First priority is to rescue injured and trapped persons. Officer on scene will keep the Administrative Headquarters advised of the situation, the assistance and equipment needed (type, amount, where to report, to whom, etc.). Coordinate with Engineering (Public Works) and Police Services. Page 10 PUBLIC WORKS: 0 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. o Maintain current roster of personnel and equipment inventory including deficiencies. Notify Staff to report as the situation directs. Evaluate the emergency situation and brief the Civil Defense Coordinator on recommended action to be taken. Establish a system for temporary utilities (if required). Coordinate restoration of all public utility services. Insure debris removal to permit passage of emergency vehicles. ' Provide support for fire and rescue and other services as needed. Maintain a list of additional non-governmental resources. Request for additional engineering equipment and supplies are to be made to County Civil Defense Director or Area Commander. Maintain a list of the Public works Mutual Aid Facilities. Page 11 0 1. 2. 3. 4. 5. 6. o SUPPLY OFFICER: Maintain inventory and location of essential emergency supplies (See page 18 for phone numbers). Arrange with Fiscal Service for procurement of non-public equipment and supplies. Coordinate with Service Chiefs the requests for supply assistance from State and Federal agencies. Establish priorities" policies, and guidance, for distribution and conservation of petroleum products. Establish system for emergency distribution of food supplies. Provide support to other services. Page 12 0 1. 2. 3. 4. 5. 6. 7. 8. o COMMUNICATIONS SERVICE: Maintain a current roster of all personnel. Develop plans to obtain, operate, and maintain all communication equipment required for emergency operations in the City of Andover. Coordinate communication activities for emergency operations. Maintain communications from the Administrative Headquarters to County and City Support Administrative Headquarters and shelters as needed. Coordinate communications with other services including development of alternate means. Maintain records of all communication activities including incoming and outgoing message logs. Keep the Civil Defense Coordinator advised of any problems. Local Radio Networks. ') Page 13 PUBLIC INFORMATION: o 1. Coordinate with Civil Defense Coordinator, and key staff on essential information to be disseminated to the Public. 2. Take appropriate action to insure the timely dissemination of pertinent information by expeditious means. 3. Prepare releases for distribution to Media, subject to approval of Mayor, City Administrator, and/or Fire and Police Department. 4. See page 18 for phon~ numbers of TV stations, radio stations, etc. ' o Page 14 0 1. 2. 3. 4. 5. 6. o FISCAL AND LEGAL SERVICE : Insure that all necessary records for emergency operations are available. Provide advice and guidance to staff. Set-up procedures to acquire equipment and supplies during emergency. Establish record system for all legal obligations. Insure that all payments or restitutions are made. Represent the City iQ all matters requiring legal interpretation, prosecution, and claims. Page 15 STATE AND FEDERAL ASSISTANCE (PRE-EMERGENCY) o Assistance listed below is available by contacting County Civil Defense Director Bruce Wojack Work: 421-4760 Home: 566-5158 Area Commander Howard Strabala Work: 297-3942 Home: 724-0403 PRE-EMERGENCY ASSISTANCE: Warning Systems Flood Plain Management & Insurance Preventive Diking Procedure to obtain County Assistance If the City has exhausted its local resources and needs assistance, a request as to type and amount of assistance needed is to be made to the County Civil Defense Director. Fire Suppression Training Equipment STATE AND FEDERAL ASSISTANCE (EMERGENCY ASSISTANCE) EMERGENCY ASSISTANCE: Mass Care Care Shelter Food Disaster Clothing Public Safety Law Enforcement & Traffic Control Fire Fighting Rescue Aerial Survey Engineering Equipment Building Industry plan Plan Bulldozer Plan DEEP Health and Medical Stockpiled Units Public Health Services Manpower Communications Transportation Equipment EMERGENCIES - STATE DUTY OFFICER 24-HOURS - CALL 778-0800 Assistance listed above is available by contacting: County Civil Defense Director Bruce Wojack Work: 421-4760 Home: 566-5158 l\rea Commander Howard Strabala Work: 297-3942 Home: 724-0403 o Page 16 STATE AND FEDERAL ASSISTANCE (RECOVERY) o RECOVERY: Loans and Grants Small Business Administration Compensation Farmers Home Administration Veterans Administration Payments ' Rural Electrification Administration Housing and Urban Development Community Disaster Grants School Assistance Unemployment Legal Services Lease and Mortgage Temporary Housing Assistance STATE AND FEDERAL ASSISTANCE (IF NATIONAL GUARD IS REQUIRED) NATIONAL GUARD: If the National Guard assistance is needed, the Mayor, Sheriff, or other elected official must request assistance by calling the Governor or Adjutant General stating what help is needed and for what purpose. The following are in line of succession: Governor's Office...........................296-3391 Adjutant General...................... ',' . .. .296-4666 Area Commander, Howard Strabala.............297-3942 ...Home......724-0403 State Civil Defense Office..................296-2233 MN STATE DUTY OFFICER: 24-Hours Per Day - 778-0800 - He will notify other agencies (State) to respond. o Page 17 IMPORTANT FACILITIES LIST o ANDOVER ANIMAL CONTROL: Animal Control & Management........426-4013 COUNTY HIGHWAY: County Highway.....................754-3520 DNR/GAME WARDEN: John Vadnais, Area Supervisor......434-6422 Kathy Brehm........................427-1595 DNR. . . .; . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 6 - 615 7 FIRE CHIEF: Robert Palmer..(office)............427-3030 ..(home)..............757-1013 FIRE DEPARTMENT: Anoka. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .421-2900 Coon Rapids, Station #3............755-7181 Blaine.............................786-4436 Ham Lake.......................... .434-7077 FIRST AID SUPPLIES: Mercy Hospital.....................427-2200 HIGHWAY PATROL: State Highway Patrol...............541-9411 State Highway Signals..............297-4426 (Above days) (Nights)..............541-9411 HOSPITALS - AMBULANCES: Mercy Hospital.....................427-2200 North Memorial.....................520-5200 Uni ty Hospital..................... 786-2200 MEDICAL SUPPLIES: Merwin Drug........................421-3333 Snyders...Anoka....................421-2360 POLICE: Central Communications.............427-1212 Coon Rapids........................755-2888 Blaine.............................784-6700 Anoka. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .421-2900 Ramsey. . . . . . . . . . . . . . . . . . . . . . . . . . . . .427-1410 POLLUTION CONTROL AGENCY (PCA): 24 HOURS NUMBER....................296-8100 Doug Robohm Kevin Faus o POST OFFICES: Coon Rapids........................755-1150 Anoka. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .421-1114 Page 18 o PUBLIC INFORMATION: WCCO TV (News Room)................330-2400 WCCO Radio (News Room).............333-9181 KSTP Radio/TV......................642-4246 (SkyCam 375-9226) or...............646-5555 KMSP TV............................ 926-9999 KARE TV............................ 546-1111 ABC Newspaper......................421-4444 Star & Tribune.....................372-4414 st. Paul Pioneer Press.............222-8725 TOWING: Blue TOw...........................786-9020 Bourke BrOs........................784-1528 .(Owner)................757-1233 North Star.........................427-4160 Shortys Towing.....................574-9944 (Heavy Tows) UTILITIES: Northwestern Bell..................611-7616 Anoka E1ectric.....................427-3030 Northern States Power..............330-6251 Midwest Gas........................755-4000-1 Northern Propane Gas...............894-1550 or...................372-4141 United Power Assoc.................441-3121 WoodRiver Pipe Line..........1-218-776-3313 or.................. .222-8347 ............... .459-6932 Northern Natural Gas.............1-674-4488 Burlington Northern................782-3300 WEATHER BUREAU (Radar Room): Report hail, tornado...............725-3401 o Page 19 IMPORTANT SUPPLY FACILITIES o GAS SUPPLIES: Bill's Superette...................427-0504 Speedy Market......................754-2526 Super America......................421-1930 Tom Thumb......................... .427-6430 FOOD SUPPLIES: , Festival Foods.....................422-1768 PREPARED FOODS: Oodles............................ .421-3333 Festival Foods.....................422-1768 Downtown Deli......................421-0579 Super America (24 hrs.)............421-1930 THE SALVATION ARMY William G. Coleman Service Unit Director 2300 Freeway Blvd. Brooklyn Center, MN 55430 1-612-566-2040 1-800-582-5174 (In Minnesota) RED CROSS Lori Richman - Office Home - Minneapolis Chapter - (24 hours) - 785-1557 933-4382 871-7676 o Page 20 o STAGING AREA: ALTERNATE: IMPORTANT FACILITIES ADMINISTRATIVE HEADQUARTERS: ALTERNATE: EMERGENCY SHELTER: ALTERNATE: ALTERNATE: ALTERNATE: o Andover Public Works 1785 Crosstown Blvd NW Andover, MN 55304 (No. 1 on map) 755-8118 Constance Free Church 16060 NW Crosstown Blvd Andover, MN 55304 (No. 2 on map) 434-5995 Andover City Hall 1685 Crosstown Blvd NW Andover, MN 55304 (No. 3 on map) 755-5100 Bunker Hills Activity Center 550 Bunker Lake Blvd Andover, MN 55304 (No. 4 on map) 757-3920 Bunker Hills Activity Center 550 Bunker Lake Blvd NW Andover, MN 55304 (No. 5 tin map) 757-3920 Andover Elementary School 14950 Hanson Blvd NW Andover, MN 55304 (No. 6 on map) Grace Lutheran Church 13655 Round Lake Blvd NW Andover, MN 55304 (No. 7 on map) 421-6520 Family of Christ Church 16045 NW Nightingale st Andover, MN 55304 (No. 8 on map) 434-7337 Page 21 NAMES & NUMBERS OF PEOPLE WHOM THE CITY HAS PERMISSION TO USE THEIR FACILITIES IN THE CASE OF A DISASTER o SUPER AMERICA 3631 Bunker Lake Blvd MANAGER Rick Ziegler 441-4779 OODLES & MERWIN DRUG 13735 Round Lake Blvd MANAGER Mike Steinhauser 424-5679 ALTERNATE Harry Blair 427-2295 ALTERNATE Dale pauba 559-3680 BILL'S SUPERETTE 14041 Round Lake Blvd MANAGER Bill Rademacher 535-5040 GRACE LUTHERAN CHURCH 13655 Round Lake Blvd PASTOR Rev. steven McKinley 421-4509 ALTERNATE Wayne Anderson 379-9686 ALTERNATE Gloria Fredrickson 427-9145 TOM THUMB 15825 7th Ave MANAGER Patrick Sharpe 421-8252 ACTIVITY CENTER 550 Bunker Lake Blvd The Red Cross is in charge of this facility. ALTERNATE Jim Boley 421-8479 ANDOVER ELEMENTARY SCHOOL 14950 Hanson Blvd PRINCIPAL Bill Gallagher 421-3912 SPEEDY MARKET 13725 Crosstown Blvd MANAGER Greg Reedy 754-3209 ALTERNATE Richard Nybeck 421-1240 ALTERNATE Cindy Sandman 755-2645 FAMILY OF CHRIST CHURCH 16045 NW Nightingale st PASTOR Thomas Braun 434-5874 DOWNTOWN DELI 3121 - 161st Ave MANAGER Frank padula 421-6300 ALTERNATE Wes Spadgenske 757-5377 ALTERNATE Jacki padula 421-6300 o Page 22 o FESTIVAL FOODS 13735 Round Lake Blvd MANAGER Bob King 824-2430 CONSTANCE FREE CHURCH 16060 NW Crosstown Blvd CHURCH CHAIRMAN Jerry Hibma 754-3396 ALTERNATE Steve wotrang 422-1768 ALTERNATE Rick Blatchley 434-6068 o Page 23 12 CITY OF ANDOVER PERSONNEL LISTING o ASSESSING DEPARTMENT: Gayle Leone - County Assessor.......421-4760 BUILDING DEPARTMENT David Almgren......................434-4055 Don Olson..........................422-1071 Jane Peterson......................422-4106 Ginny VanVleet..........~\.........434-5010 CITY CLERK Vicki Volk.........................421-4001 COMMUNITY SERVICES Melanie DeLuca.....................422-5787 ENGINEERING DEPARTMENT Jim Schrantz.......................427-4456 Todd Haas..........................754-1009 Karen Tommerdahl...................753-3875 FINANCE DEPARTMENT Shirley Clinton....................755-3053 Debby Poirier......................753-2890 Debbie Stalboerger.................422-0100 Charlene Welu......................421-7954 FIRE DEPARTMENT Andover Fire Department............755-9044 Bob Palmer, Chief..................757-1013 Glenn Smith, Asst. Chief...........434-3356 Weekend Duty Officer...............427-1212 MAINTENANCE: Frank Stone........................755-8027 Ray Sowada.........................434-9734 Kevin starr........................753-2940 Dale Mashuga.......................755-5559 Wayne Patchen......................754-3914 Scott Protivinsky..................421-9248 Rick Vickstrom.....................422-8103 PLANNING Jay Blake..........................754-0738 POLICE DEPARTMENT Anoka County Sheriff~..............42.-4760 - RECE~TIONIST/SECRETARY Helena Hoger............ ...........422-0054 ZONING d'Arcy Bosell......................753-3085 o Page 24 o Kevin Faus Doug Robohm steve Lee Paul Gerbec Dick Kable Lewis Finch, Supt. William Thompson Jerry Nelson Jim Elling Ken Wilkinson Paul Szewczykowski Len zintakl Susan COORDINATOR David Almgren SECRETARY Helena Hoger COMMITTEE Frank Stone Bob Peach Dick Albertson Wayne Patchen "Dale Mashuga Jim Schrantz o MPCA MPCA MPCA MPCA . MPCA-clean-up Anoka-Henn. Coon Rapids Fire Coon Rapids Police Andover Mayor Anoka Co. Sheriff EPA-Weston u.S. EPA Red Cross COMMITTEE MEMBERS Page 25 296-7709 296-7717 296-7278 296-7757 296-7235 422-5500 755-2880 780-6410 753-1273 421-4760 312-993-1067 312-886-4246 591-7611 o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION April 18, 1989 DATE ITEM NO. Authorization to hire P.W. Employee BY: James E. Schrantz AGENDA SECTION . NO. StatE, Comm~ttee, Commission ORIGINATING DEPARTMENT Engineering The city Council is requested to authorize the hiring of a Public Works Employee, Classification: Public Works II, to be funded from the Water and Sewer Budget. We would like to proceed with this item as fast as we can because we would like to have the person working by the 15th of May so we can start our summer programs. The pay for this position will fit into our pay schedule for Public Works. It will be a Public Works II position. At this time we haven't finalized the proposal that we will be bringing to the Personnel Committee and to the City Council for approval. MOTION BY TO COUNCIL ACTION SECOND BY o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE April 18, 1989 Engineering APPROVED lOR AG"Cd t\ BY: IV 7 AGENDASSE~TIONC 'tt NO. ta~f, omm~ ee, Commission ...;.>. ITEM Ci ty Celebration/ NO. Downtown Center ORIGINATING DEPARTMENT BY: James E. Schrantz The City Council is requested to give financial support to the second annual Andover City Celebration. The committee is requesting funding in the amount of $1000, the same as in 1988, or preferably $1500. See letter and list of activities. o MOTION BY TO COUNCIL ACTION SECOND BY o ~il5 i'"&;.-S'I';az,~~~S~~~ ..,.- ~~,-.- ~J. ~ I "'" . ffh:.} .. :.. J.TMe~&Associates Advertising 2318 First Avenue South, Minneapolis, MN 55404, (612) 871-3966 FAX: (612) 871-8803 March 31, 1989 Mayor Jim Elling The City of Andover 2204 176th Lane Northwest Andover, Minnesota 55304 Dear Jim: This letter is in response to a recent meeting regarding the Second Annual Andover City Celebration. The event is being coordinated by The Downtown Center and the City of Andover, It will be held at the Downtown Center on July 22, 23,1989, In 1988, the Andover City Celebration was a tremendous success for our first attempt. The street dance alone, brought over 2,000 area residents to the celebration. We hope to even better in 1989! However, we need financial support from the city of Andover to reach our goals. The Andover City Celebration received $1,000 from the City of Andover in 1988, We are asking the City to match the $1,000 or increase your support to $1,500 for 1989, These funds will be utilized to pay a portion of the costly entertainment, I have enclosed a list of the tentatively planned events. Thank you for all of your assistance Jim, and I look forward to working with you and the City of Andover in the future. Respectfully, ~ Debbie Tyler Assistant Account Executive Enclosure - DT:da o ].T. Mega&Associates Advertising o ANDOVER CITY CELEBRATION JULY 22-23, 1989 Planned Activities Carried Over From 1988 Dobsons Petting Zoo Magic Shows Food Vendors Games: · Baby Crawling Contest · Lip Sync Contest . Balloon Blowing Contest · Hulla Hoop Contest · Horse Shoe Tournament · Dunk Tank-Andover Fire Department Community Displays Street Dance - Monarch Band Fireworks Andover Lions Club Beer Wagon Additional Activity Options Carnival Rides or A Circus Pony Photos Additional Food Booths Additional Community Displays Andover City Celebration Street Banners Larger History of Andover Display Caricatures Bingo Local.Andover Talent Displays · Otto Pheiffer, Lyle Bradley etc. Park Board Display Politicians Police & Fire Information Displays Community Education 5K to 10K Run o o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE April 18. 1989 Personnel Committee ~PPR~OR BY: AGENDA SECTION NO. Staff, Committee, Comm. ORIGINATING DEPARTMENT ITEM Approve Performance NO. Evaluation Form 16. BY: V. Volk The City Council is requested to approve the attached Performance Evaluation and Development Plan form for use in evaluations of City employees. V:Attach. MOTION BY TO COUNCIL ACTION SECOND BY o o PERFORMANCE EVALUATION AND DEVELOPMENT PLAN EMPLOYEE NAME POSITION DIVISION LOCATION SUPER VISOR APPRAISAL PERIOD .. o o I. KEY POSITION RESPONSIBILITIES Summarize the responsibilities which have been assigned to this position. You may refer to the position description, but each item listed must represent an understanding between the supervisor and employee concerning the specific content of the job. (Use additional paper if required.) 1. 2. 3. 4. 5. 6. 7. 5. 9. , 10. -1- o o Performance levels II. c s: "Tl en 0 :J III c: c: c: (JI ..., -< u en e (Q ro :J 0 ..., iii 00' o' EXAMINE WORK GOALS ACHIEVED DURING APPRAISAL PERIOD iii e 0 ..., :J 3 D- o u 5. Identify and evaluate employee's achievement of work plans and - (Q 0 ro ..., ro goals. Provide comments to support evaluation. '< :J - 1. 2. 3. 4. . 5. 6. 7. 8. 0 9. , 10. I. -2- Performance Levels a c $: "T1 (J) 0 ::J 0> C C C fJl ~ -< -0 en ~ lC co 5' 0 ~ Iii iii' 0> 0 o' ::J ERFORMANCE FACTORS- W 3 ~ c.. (') -0 ::J Examine the following factors that you have observed that directly a co lC ~ - ffect work results. '< co 3- JUDGMENT (Ability to form decisive and sound conclusions in the absence of establishej rules, procedures or past practice) , B. INITIATIVE/RESOURCEFULNESS (Ability to anticipate problems and creatively select alternative avenues to achieve results) C. ADAPT ABILITY /FLEXIBILlTY (Ability to re-evaluate changing environment and adjust work plan accordingly) D. DEPENDABILITY (Extent to which employee adheres to promised action) E. COOPERATION (Extent to which employee is able to work effectively with others) F. TIME MANAGEMENT (Ability to plan, control and organize current activities) G. LONG-RANGE PLANNING ABILITY (Ability to identify and develop long-range plans) H. COMMUNICATION (Ability to effectively communicate with supervisor. subordinates and/ or coworkers) I. INTERGROUP EFFECTIVENESS (Ability to achieve results with other areas of organization) o III. P A Comments: o -3- o Performance Levels IV. S c s: " en 0 :J D) C C C lJ) ~ -< "C Ui ~ co (l) S" 0 ~" iii 00' D) 0 0 :J iii ~ UPERVISORY AND MANAGERIAL FACTORS- 3 0.. () S' - "C Examine the following factors thatdifeclly affect supervisory 0 !l!- co ~ and managerial results. '< (l) ::!. A. SUBORDINATE SUPERVISION (Effectively participates in decisions related to the selection, development, promotion, compensation and, if necessary, the discipline of assigned human resources.) B. DOWNWARD COMMUNICATION (Effectively orients assigned human resources policies and procedures. Clearly communicates work duties and responsibilities so individuals may proceed with certainty in the performance of their jobs.) C. SUBORDINATE TRAINING (Effectively conducts or oversees training for assigned employees to ensure established procedures are clearly understood and followed. Continually monitors results being achieved in assigned areas.) D. SUBORDINATE PERFORMANCE APPRAISAL (Effectively monitors the work performance of assigned personnel on a continual basis, conducts effective performance appraisals and takes appropriate action whenever necessary.) E. SUBORDINATE ENVIRONMENT (Creates a working climate in which assigned human resources are motivated to develop their skills and abilities alll..l demonstrates by personal example the desired standards of conduct and work performance.) F. POLICY ADMINISTRATION (Administers policies consistent and equitable manner.) Comments: o -4. o o V. WORK GOALS FOR NEXT APPRAISAL PERIOD Establish work goals and dates which will be used as the standard to measure results achieved during the next appraisal period. (Use additional paper if required.) VI. . PERFORMANCE IMPROVEMENT PROFILE Summarize specific plan for personal and professional development that will contribute to increased effectiveness in position. -5. '. Employee's Name o VII. SUMMARY OF PERFORMANCE o Condense I-VI to a summary statement of this employee's overall performance skills and abilities in light of existing conditions. VIII. TRAINING AND DEVELOPMENT NEEDS Specify any training and development needs you have identified for this employee. Refer to the training and development handbook for in-house programs. IX. OVERALL PERFORMANCE RATING ___ OUTSTANDING: Performance consistently and significantly goes well beyond all work objectives and requirements for position. Exceptional achievements have been accom- plished that single out this employee as an exceedingly valuable contributor to the organization. _ SUPERIOR: Performance exceeds work objectives in major areas of activity. Superior results are regularly achieved. _ COMPETENT: Performance regularly meets and occasionally exceeds work objectives and position requirements. All responsibilities are carried out in a fully competent manner. _ MARGINAL: Performance falls below position requirements. Development plan must be established and implemented. _ UNSATISFACTORY: Performance falls well below standards set for position. Immediate corrective action must be proposed. Supervisor's Signature Employee's Comments (Use additional paper if required.) Date Employee's Signature Date -6- o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE April 18, 1989 AGENDA SECTION NO. Staff, Committee, Comm. ORIGINATING DEPARTMENT Administration APPROfr..~F FOR AGENDro (j ITEM Approve l'.ssessment Abate. nts NO. 17. BY: V. Vo1k BY: The City Council is requested to approve the following abatements: 1. PIN 34 32 24 23 0056 (Outlot C, Red Oaks Manor 5th Addition). This property is now owned by the City and the assessments should be abated so that we don't receive a tax statement for the property. The assessments would be paid in-house. 2. PIN 27 32 24 32 0021 (Lot 1, Block 3, Shady Knoll). This property was assessed for two units. Per the attached minutes, only one unit should have been certified to the county. An assessment split has been prepared for certification to the county when this has been approved. V:Attach. MOTION BY TO COUNCIL ACTION SECOND BY Form No, 2504 {Rev. 3-2-82) Commissioner of Revenue Abatement Form 7 (Rev. 3/74) APPLICATION FOR ABATEMENT MillER-DAVIS CO.. MINNEAPOLIS GENERAL FORM " ." .~ t . " .2 . " 0( '0 " ,., E C ~ E . . c 0 0 00 . U Z Uz 0 U For Taxes Assessed in Year Completo in triplicate if tax reduction exceeds $500; otherwi.~e complete in duplicate. . Please print or type. and Payable in Year 1685 Crosstown Boulevard N.W. APPLICANT'S STATEMENT OF FACTS: School District No. Dote of Application Applicant's Name and Social Security Number Cit of Andover Street Address 11 Andover 55304 The property known as PIN 34 32 24 23 0056 (Outlot C, Red Oaks Manor 5th Addition) was deeded to the City of Andover as part of the platting process. APPLICANT'S REQUEST The City of Andover requests that the assessments due in the year 1989 and thereafter be abated as this property is tax exempt. Applicant's Signature Date NOTE: Minnesota Statutes 1971, Section 609.41 "Whoever in making any statement, oral or written, which is required or authorized by law to be made as a basis of imposing, reducing or abating any tax or assessment, intentionally makes ony statement as to any material matter which he knows is false may be sentenced, unless otherwise provided by. low, to imprisonment for not more than one year or to payment of a fine of not more than $1,000, or both. REPORT OF INVESTIGATION (by County Assessor or City Assessor in certain cities) I hereby report that I have investigated the statements made in the foregoing application and find the facts to be as follows: o CERTIFICATE AND RECOMMENDATION BY COUNTY BOARD AND COUNTY AUDITOR I, the undersigned, County Auditor of the within nomed county,do hereby certify that i:J careful examination into the allegatians and statements set forth in the within application has been made by the County Board of said county and by myself and that from said examination we are convinced and believe that said allegations and statements are true, o I further certify that, at a meeting held , 19_, said County B-oard, by official action upon motion duly adopted and entered upon the minutes of its proceedings as a public record, showing the names of the taxpayers and other persons concerned and the amounts involved, made the following recommendation, wherein I hereby concur, upon said application: That the assessed value of said property be reduced to and fixed at $ hereby certify the result of the adoption of said recommendation will be as follows: Amount of reduction of assessed value $ Amount of reduction of taxes $ Signature of County Auditor Dote ORDER OF THE DEPARTMENT OF REVENUE - STATE OF MINNESOTA . 19~ REJECTION ACCEPTANCE Upon due consideration of the within application it is ordered that the some be and it is hereby rejected. Upon due consideration of the within application it is ardered that: Commissioner of Revenue o the recommendoti on of the County Board and County Audi tor be granted. By o Reason for Rejection: The auditor and treasurer of said county are hereby autho- rized and directed to make such changes in the records and books of thei r respective. oHi ces as may be necessary to carry out this order. o Commissioner of Revenue By Form No. 2504 (Rev. 3-2-82) Commissioner of Revenue Abatement Form 7 (Rev. 3/74) APPLICATION FOR ABATEMENT MILLER-DAVIS CO.. MINNEAPOLIS GENERAL FORM .w _w t .2 0 ." 0 , w <( . ,. 'e c E ci , ci 0 0 U Z U Z For To)"es Assessed in Year '0 !: c " o U Complete in triplicate if tax reduction exceeds $500; otherwise complete in duplicate. . Please print or type. ond Poyob Ie in Year Applicant's Name and Social Security Number City of Andover on behalf of Daniel Street Address 2453 S. Coon Creek Drive APPLICANT'S STATEMENT OF FACTS: Date of Application 11 4 18 89 Zip Code 55304 Andover The property known as PIN 27 32 24 32 002l was assessed for two units for sanitary sewer, water. and storm sewer and should have only been assessed for one unit. APPLICANT'S REQUEST Request an abatement of the $1,834.25 certified to the 1989 taxes and certify $917.13 for that year. Applicant's. Signature Dote NOTE: Minnesota Statutes 1971, Section 609.41 ftWhoever in making any statement, oral or written, which is required or authorized by law to be made as a basis of imposing, reducing or abating any tax or assessment, intentionally makes any statement as to any material matter which he knows is false may be sentenced, unless otherwise provided by- law, to imprisonment for not more than one year or to payment of a fine of not more than $1,000, or both. REPORT OF INVESTIGATION (by County Assessor or City Assessor in certoin cities) I hereby report that I have investigated the statements made in the foregoing application and find the facts to be as follows: o CERTIFICATE AND RECOMMENDATION BY COUNTY BOARD AND COUNTY AUDITOR I, the undersigned, County Auditor of the within named county,do hereby certify that a careful examination into the allegations and statements set forth in the within application has been made by the County Board of said county and by myself and that from said examination we are convinced and believe that said allegations and statements are true, o I further certify that, at a meeting held , 19_, said County Board, by official oction upon motion duly adopted and entered upon the minutes of its proceedings as a public record, showing the names of the taxpayers and other persons concerned and the amounts involved, mode the following recommendation, wherein I hereby concur, upon said application: That the assessed value of said property be reduced to and fixed at $ I hereby certify the result of the adoption of said recommendation will be as follows: Amount of reduction of assessed value $ Amount of reduction of taxes $ Signature of County Auditor Date ORDER OF THE DEPARTMENT OF REVENUE - STATE OF MINNESOTA ,19_ REJECTION ACCEPTANCE Upon due consideration of the within application it is ordered that the some be and it is hereby rejected. Upon due consideration of the within application it is c,..dered that: Commissioner of Revenue o the recommendation of the County Board and County Audi tor be granted. o By Reason for Reiection: The auditor and treasurer of said county are hereby autho- ri zed and di reeted to make such changes in the records and books of their respective. oHi ces as may be necessary to corry out this order. o Commissioner of Revenue By ~ O Assessment Hearings September 8, 1988 - Minutes Page 6 <Assessment Hearing/IP87-7/ShadY Knoll, Continued) Diana Lizakowski. 2343 South Coon Creek Drive - stated their lot was recently rezoned into two iots from one. Now they are being assessed fOL two lots. Mr. Schrantz explained this is the official appeal. The lot has not been split, only assessed for two units because it is possible to split the lot in the future, and it is only fair to apportion the costs against all the lots, including future ones. One alternative is to either assess only one lot as long as it remains one lot arid assess the other lot at the time it is split, in which case the City would carry that extra unit. The other would be to assess it but defer the assessment until it is split. Ms. Lizakowski - stated there is a second double garage in the back that would have to go before there would be enough room to put a house on a proposed second lot.' After discussing it, the Council agreed with Mr. Rodeberg's suggestion to put two units on the assessment roll but to not certify the second unit to the county, but keep it in-house and held in abeyance until the lot is split. MOTION by Apel, Seconded by Knight, a Resolution adopting the Assessment Roll for the improvement of sanitary sewer, storm sewer, watermain and streets with concrete cULb and gutter for Improvement Project 87-7, Shady Knoll, for certification be approved with the exception that one unit of assessment for Daniel Lizakowski, PIN 27 32 24 32 0021, be not assessed until such time as the property is actually split for development. <See Resolution R225-88) Motion carried on a 4-Yes, i-No Vote <Windschitl) vote. ASSESSMENT HEARING/IP87-29/THE OAKS Mr. Rodeberg reviewed the assessment roll, noting the final assessment peL lot is $6,947.55, assessed over a 15-yeaL peLiod at 7.35 percent. The same contractor did the work, and the same problems with restora- tion exist in this project. They will be trying to corLect the problems, again noting it has been a hOLLendous year for Lestoration. Councilman Elling suggested at future IlaaLings, the Lesidents should be made awaLe of their Lesponsibity for maintaining the boulevards. Jerry Windschitl - stated one lot still isn't fixed and needs cover. A lot of ,the probiems were fixed by the residents themselves. Mr. Rodeberg stated Mr. Jordan has said they will correct the situation. TKDA has written them and no final payment has been made. ~ MOTION by Elling, Seconded by Knight, a Resolution adopting the Assessment Roll for the Improvement of sanitary sewer, storm sewer, watermain and streets with concrete cULb and gutteL for ImpLovement Project 87-29, the Oaks, for ceLtification. <See Resolution R226-88) Motion caLried on a 4-Yes, i-No Vote <Windschitl) vote. o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE April l8, 1989 ITEM NO. Funding f~r Furnace Conversion/City Hall BY: David Almgren FOR AGENDA SECTION NO. Staff, Committee, Commissi n ORIGINATING DEPARTMENT Building Information regarding this item will be provided to you at the meeting. MOTION BY TO COUNCIL ACTION SECOND BY o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE April 18, 1989 Non-Discussion Items Engineering APPROVED FOR AGENDA ~ BY: AGENDA SECTION NO. ORIGINATING DEPARTMENT ITEM NO. . Award Bid/88-35A/ Test Well BY: James E. Schrantz The city Council is requested to award the bids for the test well, project #88...,35A. The bids will be received on the 17th of April so, the bid recommendation will be handed out at the meeting, Tuesday the 18th. MOTION BY TO COUNCIL ACTION SECOND BY o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION April 18, 1989 DATE ITEM NO. BY: James E. Schrantz AGENDA SECTION NO. Non-Discussion Items ORIGINATING DEPARTMENT Engineering The City Council is requested to approve the attached Joint Powers Agreement with Anoka County for the installation of signals at 135th Avenue and Round Lake Boulevard, and at 161st and Round Lake Boulevard. Estimated cost of the signa~ and engineering costs at 135th and Round Lake Boulevard is $86,400. Andover and Anoka each pay for their leg of the intersection, or 25% plus 1/2 of 50% of the County's two legs, or a total of 37.5% or $32,400. We are unable to use MSA funds for the signal at 135th and Round Lake Boulevard. Estimated cost of signal and engineering costs at 161st and Round Lake Boulevard is $86,400. Andover has one leg so, we pay 25% plus 50% of the County's 75%, for a total 62.5% or $54,000. The City's leg is MSA, therefore, eligible for MSA financing of 25% or $21,600. I would recommend we use the City's "Road Fund" (in the past was called our MSA Fund) - this fund may be depleted on Crosstown Boulevard unless we assess some cost for Crosstown storm drain and curb. The other financing option is to use surplus funds from the general fund. COUNCIL ACTION MOTION BY TO SECOND BY ~. COUNTY OF ANOKA Department of Highways Paul K. Ruud, Highway Engineer 1440 BUNKER LAKE BLVD NW, ANDOVER, MINNESOTA 55304 612-754-3520 R. ECITVEn . I MAR 3 1 19~91U CITY OF ANDOVER March 29, 1989 Jim Schrantz City Engineer/Administrator City of Andover 1685 Crosstown Blvd. NW Andover, MN 55304 Re: Joint Powers Agreements - Traffic Signal Installations CSAH #9 & Roosevelt St. (135th Ave.) - C.P. 88-28-09 CSAH 1t9 & CSAH 1t20 (161st Ave.) - C.P. 88-29-09 Dear Jim: Enclosed for your review and signature are three (3) copies each of the above-referenced joint power agreements between Anoka County and the City of Andover. Please have all three (3) copies executed by the designated officials from the City of Andover and return them to my office for additional processing. A fully approved and executed copy will then be sent to you. Thank you for your cooperation. Feel free to contact our office if you have any questions or comments. GJSi c-pee , /J C/\d / . 'L Roy Humbert Contracts Administrator --- . Enc1: o Affirmative Action I Equal Opportunity Employer o o JOINT POWERS AGREEMENT FOR THE INSTALLATION 01<' TRAFFIC CONTROL SIGNALS AT TIlE INTERSECTIONS OF: ROUND LAKE BLVD. (C.S.A,H. #9 AND ROOSEVELT ST. (1351'11 AVE.) This Agreement made and entered into this day of ,1989, by and between the County of Anoka, State of Minnesota, a political subdivision of the State of Minnesota, 325 East Main Street, Anoka, Minnesota, 55303, hereinafter referred to as "County," and the City of Andover, hereinafter referred to as "City". WITNESSETH: WHEREAS, the parties to this Agreement desire to jointly cause the construction of traffic actuated control signals at the intersection of Round Lake Blvd. (C.S.AH. #9) at Roosevelt St. (135th Ave.); and WHEREAS, the parties agree that it is in their best interest that the cost of said project be shared; and, WHEREAS, said work will be carried out in accordance with the provisions of Minn, Stat. ~ 471.59, NOW, THEREFORE, IT IS MUTUALLY STIPULATED AND AGREED: 1. PURPOSE The County and City have joined together for the purpose of installing a traffic control signal system at the intersections of Round Lake Blvd, (C.S.AH. #9) and Roosevelt St. (135th Ave,)- as described in the plans and specifications numbered 88-28-09 on file in the office of the Anoka County Highway Department and incorporated herein by reference. o o 2. METHOD The County shall provide all engineering services and shall cause the construction of Anoka County Project No. C.P, 88-28-09 in conformance with said plans and specifications. The letting of bids and the acceptance of al! bid proposals shall be done by the County, 3. COSTS A The contract costs of the work, or if the work is not contracted, the cost of all labor, materials, normal engineering costs and equipment rental required to complete the work, shall constitute the actual "construction costs" and shall be so referred to herein. "Estimated costs" are good faith projections of the costs which will be incurred for this project. The estimated costs are attached as Exhibits A, and incorporated herein by reference. B. The City shall pay for engineering services at a rate of eight percent (8%) of its actual construction costs. C, The total cost to the City is based on the actual cost of construction of the traffic control signals plus engineering costs as provided for in Exhibit B. The estimated cost to the City is: Construction: Engineering (8%) $30,000,00 2.400.00 $32,400,00 TOTAL ESTIMATED CITY COST: D. Upon final completion of the construction the city shall pay to the County, upon written demand by the County, the actual cost of construction and engineering, estimated to be $32,400.00, The City's share of the project shall include only construction and engineering and does not include administrative or other expenses incurred by the County. o 4. TERM This Agreement shall continue until (1) terminated as provided hereinafter, or (2) until the construction provided for herein is completed and payment provided for herein is made, whichever of (1) or (2) shall first occur, 5. DISBURSEMENT OF FUNDS All funds disbursed by the County or City pursuant to this Agreement shall be disbursed by each entity pursuant to the method provided by law. 6. CONTRACTS AND PURCHASES All contracts let and purchases made pursuant to this Agreement shall be made by the County in conformance to the State Laws. 7. STRICf ACCOUNTABILITY A strict accounting shall be made of all funds and report of all receipts and disbursements shall be made upon request by either party. 8. SIGNALIZATION POWER The City shall install or cause the installation of an adequate electrical power source to the service pad or pole including any necessary extensions of power lines. Upon completion of said traffic control signal installation the ongoing cost of electrical power to the signal shall be at the sole cost and expense of the Cities of Andover and Anoka. The two cities shall reach separate agreement on the cost of power and shall furnish the County with a copy of said agreement by June 30, 1989. 9. MAINTENANCE Maintenance of the completed signal and signal equipment will be the sole obligation of the County, All other maintenance, including the ongoing cost of electrical power to the signal, will be the responsibility of the City, o o 10. TERMINATION This Agreement may be terminated by either party at any time, with or without cause, upon. not less than thirty (30) days written notice delivered by mail or in person to the other party, If notice is delivered by mail, it shall be deemed to be received two days after mailing. Such termination shall not be effective with respect to any solicitation of bids or any purchases of services or goods which occurred prior to such notice of termination, 11. AFFIRMATIVE ACTION In accordance with Anoka County's Affirmative Action Policy and the County Commissioners' policies against discrimination, no person shall illegally be excluded from full-time employment rights in, be denied the benefits of, or be otherwise subjected to discrimination in the program which is the subject of this Agreement on the basis of race, creed, color, sex, marital status, public assistance status, age, disability, or national origin. 12. NOTICE For purposes of delivery of any notices hereunder, the notice shall be effective if delivered to the County Administrator of Anoka County, 325 East Main Street, Anoka, Minnesota, 55303, on behalf of the County, and the City Manager of the City of Andover, 1685 N.W. Crosstown Blvd., Andover, MN 55304, on behalf of the City. 13. INDEMNIFICATION The City and the County mutually agree to indemnify and hold harmless each other from any claims, losses, costs, expenses or damages resulting from the acts or omissions of the respective officers, agents, or employees relating to activities conducted by either party under this Agreement. _ o o o 14, ENTIRE AGREEMENT REQUIREMENT OF A WRITING It is understood and agreed that the entire agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and all negotiations between the parties relating to the subject matter thereof, as well as any previous agreement presently in effect between the parties relating to the subject matter thereof. Any alterations, variations, or modifications of the provisions of this Agreement shall be valid only when they have been reduced to writing and duly signed by the parties herein. IN WITNESS WHEREOF, the parties of this Agreement have hereunto set their hands on the dates written below: COUNlY OF ANOKA CIlY OF ANDOVER By: By: Name: Jerry Windschitl Title: Mayor Dan Erhart, Chairman Anoka County Board of Commissioners Dated: Dated: ATIEST: By: By: Name: Jim Schrantz Title: City Engineer/City Administrator John "Jay" McLinden Anoka County Administrator Recommended for Approval: By: Paul K. Ruud, County Engineer APPROVED AS TO FORM: By: By: City Attorney, City of Andover Assistant Anoka County Attorney (DV:Cont\CSAH-9.AND) o o EXHIBIT A Joint Powers Agreement For The Installation and Maintenance of Traffic Control Signals at the Intersection of: Round Lake Blvd. (C.S.AH. #9) and Roosevelt St. (135th Ave.) &timated Costs for the Projects are as Follows: Project C.P. 88-28-09 Fully Actuated Traffic Control System Control Cabinet Engineering 8% $70,000.00 10,000.00 6.400.00 $86,400,00 $32,400.00 $32,400,00 $21,600.00 Total City Share Anoka Share County Share 25% + 12.5 37.5% 25% .. EXHIBIT B o Cost Sharing Agreement [or Projects Constructed in Anoka County Using County State Aid Funds or Local Tax Levy Dollars ITEMS COUNlY SHARE CIlY SHARE Concrete Curb & Gutter 50% 50% Concrete Sidewalk 0 100% Concrete Sidewalk Replacement 100% 0 Concrete Curb & Gutter [or Median Construction 100% 0 Concrete Median 100% 0* Grading, Base & Bituminous 100% Storm Sewer Based on State Based on State Aid Letter Aid Letter Traffic Signals (Communities larger than 5,000) 1/2 of the cost of the cost of its legs its legs of the In-te~sf.C.-t;'." of the intersection plus 1/2 the cost of the County legs of the intersection Traffic Signal (Communities less than 5,000) 100% 0** Engineering Services for construction 90+% 8% of its actual construction cost Right of Way 100% 0*** * The County pays for 100% of a standard Median Design such as plain .concrete. If a community requests decorative median such as red brick, stamped concrete, or exposed aggregate concrete the City will pay the additional cost above the cost of standard median. ** In communities less than 5,000 people the County pays for 100% of the cost of the traffic signal effective in March of 1986, The County collects on behalf of the cities (less than 5,000) "Municipal State Aid Dollars" because those cities do not qualify for state aid funds. These funds are used to pay the City Share. *** In the event that the City requests purchase of right-of-way in excess of those right-of-ways required by county construction the cities participate to the extent an agreement can be reached in these properties. For instance a city may request a sidewalk be constructed alongside of one of our roadways which would require additional right of way, in this case the City may pay for that portion of the right of way, Acquisition of right-of-way for new alignments shall be the responsibility of the City requesting the alignment. o o o JOINT POWERS AGREEMENT I'OR THE INSTALLATION OF TRAFFIC CONTROL SIGNALS AT THE INTERSECTIONS OF: ROUND LAKE BLVD. (C.S.A,H. #9) AND C.S.A.H. #20 (161ST AVE.) This Agreement made and entered into this day of ,1989, by and between the County of Anoka, State of Minnesota, a political subdivision of the State .of Minnesota, 325 East Main Street, Anoka, Minnesota, 55303, hereinafter referred to as "County," and The City of Andover, hereinafter referred to as "City". WITNESSETH: WHEREAS, the parties to this Agreement desire to jointly cause the construction of traffic actuated control signals at the intersection of Round Lake Blvd. (C.S.AH. #9) at C.S.AH, #20 (161st Avenue); and WHEREAS, the parties agree that it is in their best interest that the cost of said project be shared; and, WHEREAS, said work will be carried out in accordance with the provisions of Minn, Stat. ~ 471.59. NOW, THEREFORE, IT IS MUTUALLY STIPULATED AND AGREED: 1. PURPOSE The County and City have joined together for the purpose of installing a traffic control signal system at the intersections of Round Lake Blvd. (C,S,AH. #9) and C.S.AH. #20 (161st Avenue) as described in the plans and specifications numbered 88-29-09 on file in the office of the Anoka County Highway Department and incorporated herein by reference, o o 2. METHOD The County shall provide all engineering services and shall cause the construction of Anoka County Project No. C.P. 88-29-09 in conformance with said plans and specifications. The letting of bids and the acceptance of a!l bid proposals shall be done by the County. 3, COSTS A The contract costs of the work, or if the work is not contracted, the cost of all labor, materials, normal engineering costs and equipment rental required to complete the work, shall constitute the actual "construction costs" and shall be so referred to herein. "Estimated costs" are good faith projections of the costs which will be incurred for this project. The estimated costs are attached as Exhibits A, and incorporated herein by reference. B. The City shall pay for engineering services at a rate of eight percent (8%) of its actual construction costs, C. The total cost to the city is based on the actual cost of construction of the traffic control signals plus engineering costs as provided for in Exhibit B, The estimated cost to the City is: Construction: Engineering (8%) $50,000.00 4.000,00 TOTAL ESTIMATED CITY COST: $54,000.00 D. Upon final completion of the construction the city shall pay to the County, upon written demand by the County, the actual cost of construction and engineering, estimated to be $54,000.00. The City's share of the project shall include only construction and engineering and does not include administrative or other expenses incurred by the County, " o 4. TERM This Agreement shall continue until (1) terminated as provided hereinafter, or (2) until the construction provided for herein is completed and payment provided for herein is made, whichever of (1) or (2) shall first occur. 5. DISBURSEMENT OF FUNDS All funds disbursed by the County or City pursuant to this Agreement shall be disbursed by each entity pursuant to the method provided by law. 6. CONTRACTS AND PURCHASES All contracts let and purchases made pursuant to this Agreement shall be made by the County in conformance to the State Laws. 7. SlRICf ACCOUNTABILITY A strict accounting shall be made of all funds and report of all receipts and disbursements shall be made upon request by either party. 8. SIGNALIZATION POWER The City shall, at its sole expense, install or cause the installation of an adequate electrical power source to the service pad or pole, including any necessary extensions of power lines. Upon completion of said traffic control signal installation the ongoing cost of electrical power to the signal shall be at the sole cost and expense of the City. 9, MAINTENANCE Maintenance of the completed signal and signal equipment will be the sole obligation of the County. All other maintenance, including the ongoing cost of electrical power to the signal, will be the re.sponsibility of the City. o o 10. TERMINATION This Agreement may be terminated by either party at any time, with or without cause, upon not less than thirty (30) days written notice delivered by mail or in person to the other party, If notice is delivered by mail, it shall be deemed to be received two days after mailing. Such termination shall not be effective with respect to any solicitation of bids or any purchases of services or goods which occurred prior to such notice of termination, 11. AFFIRMATIVE ACIlON In accordance with Anoka County's Affirmative Action Policy and the County Commissioners' policies against discrimination, no person shall illegally be excluded from full-time employment rights in, be denied the benefits of, or be otherwise subjected to discrimination in the program which is the subject of this Agreement on the basis of race, creed, color, sex, marital status, public assistance status, age, disability, or national origin. 12, NOTICE For purposes of delivery of any notices hereunder, the notice shall be effective if delivered to the County Administrator of Anoka County, 325 East Main Street, Anoka, Minnesota, 55303, on behalf of the County, and the City Manager of the City of Andover, 1685 N.W. Crosstown Blvd., Andover, MN 55304, on behalf of the City, 13. INDEMNIFICATION The City and the County mutually agree to indemnify and hold harmless each other from any claims, losses, costs, expenses or damages resulting from the acts or omissions of the respective officers, agents, or employees relating to activities conducted by either party under this Agreement. - o ,0 14. ENTIRE AGREEMENT REOUIREMENT OF A WRITING It is understood and agreed that the entire agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and all negotiations between the parties relating to the subject matter thereof, as well as any previous agreement presently in effect between the parties relating to the subject matter. thereof, Any alterations, variations, or modifications of the provisions of this Agreement shall be valid only when they have been reduced to writing and duly signed by the parties herein. IN WITNESS WHEREOF, the parties of this Agreement have hereunto set their hands on the dates written below: COUNTY OF ANOKA CITY OF ANDOVER By: By: Name: Jerry Windschitl Title: Mayor Dan Erhart, Chairman Anoka County Board of Commissioners Dated: Dated: ATIEST: By: By: Name: Jim Schrantz Title: City Engineer/City Administrator John "Jay" McLinden Anoka County Administrator Recommended for Approval: By: By: City Attorney,' City of And<,)Ver Paul K. Ruud, County Engineer APPROVEI? AS TO FORM: By: Assistant Anoka County Attorney o (DV:Cont\CSAH9&20.JPA) o o EXHIBIT A Joint Powers Agreement For The Installation and Maintenance of Traffic Control Signals at the Intersection of: Round Lake Blvd, (C.SAR. #9) and C.SAH. #20 (161st Ave.) Estimated Costs for the Projects are as Follows: Project C,P, 88-29-09 Fully Actuated Traffic Control System Control Cabinet Engineering $70,000.00 10,000.00 6.400.00 $86,400.00 Total City Share County Share 37.5% + 25% 37.5% $54,000.00 32,400,00 , . , ",.,' o EXHIBIT B Cost Sharing Agreement for Projects Constructed in Anoka County Using County State Aid Funds or Local Tax Levy Dollars ITEMS COUNTY SHARE CITY SHARE Concrete Curb & Gutter 50% 50% Concrete Sidewalk 0 100% Concrete Sidewalk Replacement 100% 0 Concrete Curb & Gutter for Median Construction 100% 0 Concrete Median 100% 0* Grading, Base & Bituminous 100% Storm Sewer Based on State Based on State Aid Letter Aid Letter Traffic Signals (Communities larger than 5,(00) 1/2 of the cost of the cost of its legs its legs of the i /rll!.vsediOI1 of the intersection plus 1/2 the cost of the County legs of the intersection Traffic Signal (Communities less than 5,000) 100% 0** Engineering Services for construction 90+% 8% of its actual construction cost Right of Way 100% o *** * The County pays for 100% of a standard Median Design such as plain concrete, If a community requests decorative median such as red brick, stamped concrete, or exposed aggregate concrete the City will pay the additional cost above the cost of standard median, ** In communities less than 5,000 people the County pays for 100% of the cost of the traffic signal effective in March of 1986. The County collects on behalf of the cities (less than 5,0(0) "Municipal State Aid Dollars" because those cities do not qualify for state aid funds, These funds are used to pay the City Share. *** In the event that the City requests purchase of right-of-way in excess of those right-of-ways required by county construction the cities participate to the extent an agreement can be reached in these properties. For instance a city may request a sidewalk be constructed alongside of one of our roadways which would require additional right of way, in this case the City may pay for that portion of the right of way. Acquisition of right-of-way for new alignments shall be the responsibility of the City requesting the alignment. o o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE April 18, 1989 ITEM NO. Execute Option/ Laptuta property BY: James E. Schrantz AGENDA SECTION NO. Non-Discussion Items ORIGINATING DEPARTMENT Engineering The City Council is requested to exercise the option to purchase the Southwest Quarter of the Southeast Quarter of Section 22 (Laptuta property south of Public Works Building). At this time the City is leasing the property for $1.00 plus paying the taxes. The lease continues until 5:00 P.M., November 1, 1991. It might be a good idea that we exercise the option before it gets forgotten. MOTION BY TO COUNCIL ACTION SECOND BY o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE April 18, 1989 ITEM NO. . Approve Plans & Specs/ 89-8/Kensington 4th BY: James E. Schrantz AGENDA SECTION NO. Non-Discussion Items ORIGINATING DEPARTMENT Engineering The City Council is requested to approve the attached resolution approving the plans and specs and ordering the ad for bid for project 89-8, Kensington Estates 4th Addition (the 4th Addition is Phase 2 of the 3rd Addition where the project was ordered, hearing waived and plans and specs ordered). The plans are in the Engineering Office for review. The 4th Addition is only part of Phase 2 of the 3rd Addition. The developer has split the platting of Phase 2 of the 3rd Addition into at least two plats, 4th and 5th Additions. " MOTION BY TO COUNCIL ACTION SECOND BY o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilman to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 89-8, KENSINGTON ESTATES (PHASE 2 OF PROJECT #88-6, KENSINGTON 3RD ADDITION) FOR WATERMAIN, SANITARY SEWER, STORM DRAIN AND STREETS WITH CONCRETE CURB AND GUTTER CONSTRUCTION. WHEREAS, pursuant to Resolution No. R036-88, project #88-6, 3rd Addition adopted by the city Council on the 1st day of March, 1988, TKDA has prepared final plans and specifications for project 89-8 for Watermain, Sanitary Sewer, Storm Drain and Streets with Concrete Curb and Gutter construction; and WHEREAS, the 4th Addition is Phase 2 of the 3rd Addition; and WHEREAS, such final plans and specifications were presented to the City Council for their review on the 18th day of April, 1989. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the Final Plans and Specifications . BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the city Clerk to seek public bids as required by law, with such bids to be opened at , 19 at the Andover City Hall. Meeting this and adopted day of MOTION seconded by Councilman by the City Council at a , 19 , with Councilmen voting favor of the resolution and Councilmen voting against same whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: James E. Elling - Mayor o victoria Volk - City Clerk fa CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE April 18, 1989 ITEM NO. . Approve plans & Specs/ 89-1/Ward Lake Drive BY: James E. Schrantz FOR AGENDA SECTION NO. Non-Discussion Items ORIGINATING DEPARTMENT Engineering The City Council is requested to approve the resolution approving the plans and specs for project #89-1, Ward Lake Drive. The plans are in the Engineering Office for review. MOTION BY TO COUNCIL ACTION SECOND BY o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilman to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 89-1, WARD LAKE DRIVE FOR STREET AND STORM DRAINAGE CONSTRUCTION. WHEREAS, pursuant to Resolution No. R016-89, adopted by the City Council on the 7th day of February, 1989, BRA has prepared final plans and specifications for Project 89-1 for Street and Storm Drainage construction; and WHEREAS, such final plans and specifications were presented to the City Council for their review on the 18th day of April, 1989. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the Final Plans and Specifications . BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at , 19 at the Andover City Hall. MOTION seconded by Councilman by the City Council at a and adopted day of Meeting this , 19 , with Councilmen voting favor of the resolution and Councilmen voting against same whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: James E. Elling - Mayor Victoria volk - City Clerk o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE April 18, 1989 ITEM NO. . Approve Plans & Specs/ 89-2/Tulip street BY: James E. Schrantz FOR AGENDA SECTION NO. " Non-D~scuss~on Items ORIGINATING DEPARTMENT Engineering BY: The city Council is requested to approve the resolution approving the plans and specs for Project i89-2, Tulip Street. The plans are in the Engineering Office for review. MOTION BY TO COUNCIL ACTION SECOND BY o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilman to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR PROJECT NO. 89-2, TULIP STREET FOR STREET AND STORM DRAIN CONSTRUCTION. WHEREAS, pursuant to Resolution No. R017-89, adopted by the City Council on the 7th day of February, 1989, BRA has prepared final plans and specifications for Project 89-2 for Street and Storm Drain construction; and WHEREAS, such final plans and specifications were presented to the City Council for their review on the 18th day of April, 1989. NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the Final Plans and Specifications . BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at , 19___ at the Andover City Hall. 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I SQi~ en ~ I Ji\ 1 - .~z. . i' tj.", .,. ----$--- ~ \...... ril " VI ~ ~ :i~ 0 I .. 1 :z .. -::IllI 0 :z~ ... _lOt _ !'I · ~:IIl: fI'.- :. en en 0 p - z r>> DATE: 4/18/89 ITEMS GIVEN TO THE CITY COUNCIL **Revised** Agenda item regarding Len Levine Letter from Mel Sinn (4/14/89) Letter from Barry Robinson (4/6/89) Agenda item regarding Round Lake Letter from John Davidson (4/5/89) Notice regarding Load Restrictions (4/18/89) Special City Council Minutes (4/6/89) Park & Recreation Commission Minutes (4/6/89) Planning & Zoning Minutes (4/11/89) PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA. THANK YOU. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE April 18, 1989 AGENDA SECTION NO. ORIGINATING DEPARTMENT Engineering APPF,l )VEO jFOR AGEifI[)DA I t BYo/ J ITEM NO. BY: James E. Schrantz Len Levine, Commissioner of Transportation, will be meeting with the Anoka County Legislative Coalition on Thursday, April 20th, from 10:45 a.m. to 11:15 a.m. to discuss transportation. MOTION BY TO . COUNCIL ACTION SECOND BY ",.,'i' ~ - R, ~:~811~lD 10 L.L. f//8'/ ?7 April 14, 1989 ,. .-- CITY OF ANDOVER TO Coon Creek Watershed Communities and Interested Persons Southbridge Office Building 155 South Wabasha Ave., Suite 104 SI. Paul, Minnesota 55107 (612) 296-3767 .' FROM Mel Sinn '-71tLL ~ 1'0 SUBJECT: Metropolitan Watershed District Governance and Organizational Options Backqround Regional Offices At the April 7th breakfast meeting on special legislation concerning the Coon Creek Watershed Dis- trict, Senator Dahl requested information from the Board of Water and Soil Resources (BWSR) to assist the cities in. their future discussi~ns. I agreed to prepare a memo describing manager appointment procedure and watershed organizational options. 1. Manager Appointment Procedure Northwest Region 1819 Bemidji Ave. Bemidji, MN 56601 218-755-3963 Northeast Region Government Service Center 320 W. 2nd Street Room 603 Duluth, MN 55802 218-723-4752 When a watershed district is established, the initial board of managers is appointed by the state BWSR. The terms of office for the original managers is one year. All subsequent appointments to water- shed district boards are the responsibility of the boards of commissioners of the affected counties. After an initial staggering process is completed, all terms of office are for three years. Distribu- .. tion of appointment power among affected counties is the responsibility of the BWSR. West Central Region 611 Iowa Avenue Staples, MN 56479 21~-894-1692 South Central Region Box 756 New Ulm, MN 56073 507-354-2196 Southeast Region Friedell Bldg., Room 100 1200 5. Broadway Rochester, MN 55904 507-285-7458 When a single county includes an entire watershed district, that county board. is responsible for appointing all of the managers, which is the case for the Coon Creek Watershed District. Southwest Region Box 111 1400 E. Lyon5treet Marshall, MN 56258 507-537-7260 East Central Region 50uthbridge OffIce Building 155 South Wabasha Ave., Suite 104 51. Paul, MN 55107 612-296-3767 The Minnesota Watershed Act states that a manager "...must be a voting resident of the district and must not be a public officer of the county,. state, or federal government. . .". Although the Act does not specifically define "public officer", the law is fairly clear.' An Equal Opportunity Employer t .. A manager must reside within the district's legal boundary, and must not be an elected or appointed official of the county, s~ate, or federal government. It is possible for officials of local government units other than the county to serve as watershed district managers. This includes soil and water conservation district supervisors, town board mem- bers, and city council members. Special appointment provisions apply to watershed districts located wholly within the metropolitan area. In metro districts, affected cities and towns have the opportunity to submit names of manager nominees to the county board. If the county receives at least three eligible nominees at least 60 days before the expiration date of the term of office of the incumbent manager, the county must appoint from the list of nominees. Manager nominees may come from any or all of the affected cities and towns. If less than three names are submitted, or if the names do not reach the county at least 60 days ahead of the expiration of the term, the county is free to appoint any eligible individual in the district. Given this sharing of responsibility for appointing managers, communication and coordination among the cities and the county becomes vitally important, if the goal is to recruit and appoint the best possible group of managers to govern the watershed district. The managers should not only be well-distributed geographically, but should also possess a good mix of experience, knowledge, and abilities. I encourage counties to follow an "open appointments" process, and notify the public of upcoming vacancies. 2. organizational Alternatives The Coon Creek Watershed District was established in 1959 by the former state Water Resources Board in response to a petition from Anoka County. The District functions as an independent, special purpose unit of local government under the authority of the Minnesota Watershed Act (Chapter 112). The Metropolitan Surface Water Management Act.. (Chapter 509, Laws of 1982, or "509") mandated local preparation of watershed-based plans across virtually all of the metropolitan area~ 509 made the ten existing watershed districts (including Coon Creek) and three. existing joint powers watershed management organizations respon- sible for planning in their areas. In the remaining 33 unorganized metro watershed areas, cities and towns were given three organiza- tional options to comply with the planning mandate in 509: . '. -~ petition for the establishment of Chapter watershed districts: form watershed organizations through the signing of joint powers agreements; or 2 , ' ..' . do nothing, and allow the responsibility to fall on the counties. The organizational process took several years in some watersheds, but ultimately, virtually all previously unorganized areas became part of joint powers watershed management organizations. provisions were later added to the original 509 law authorizing a new procedure for initiating metro watershed district termination proceedings. This procedure allows the affected cities and towns to ini tiate termination proceedings if they are in unanimous agreement. The BWSR must terminate if it determines, after a formal hearing process, that the affected local units have formed a watershed organization by joint powers agreement, and that they are willing and able to: . assume ownership of the district's assets; assume responsibility for managing and maintaining the district's projects; and implement the watershed plan. To date, no termination petitions have been filed under the 509 procedure.. . The communities' "Coon Creek Watershed Reorganization Task Force" has already considered the advantages and disadvantages of the joint powers option and reported their conclusions to interested parties in a letter dated February 3, 1989. If the communities wish to give this option further consideration, we would be glad to try to help answer questions about differences in authority between watershed districts and joint powers organizations. When one gets beyond the issue of differences in legal authority, discussion of advantages and disadvantages becomes very subjective. Enclosed are two items that you may find helpful. The first is an excerpt from a 1969 manual about the joint powers act published by the state Planning Agency. The second is a chart comparing watershed districts and joint powers organizations~ The char~ was generated by Charles Honchell, former public works director for Roseville, based on opinions received from. representatives of various local units in Ramsey County. It came about as part of their early efforts to organize watershed planning units. I personally don't share a number of the opinions expressed in the chart, but I think it was a good process. Encls. MS:ks 3 ~ Local Mailing List Senator Greg Dahl Natalie Haas Steffen, Anoka county Mel Schulte, Coon Creek Watershed District Bill ottensmann, Coon Rapids James Schrantz, Andover Don Poss, Blaine Gary Steen, Ham Lake (Please distribute to other members of your organization as necessary)' 4 i1J.1i~6)i;;'iif~H.'< · ~t :}lr.j~J~l;~.;~:<L~:~;~:'<:~:;:':. t ,) .......! ............" " ,.t.' ~i";lil~~~~l'~, t ~1 ::.~.~...;,y". .,..,'..".',...., "i":" ,. ,;t :':i:~; .,\.f;lJ1rr\~~!~J~if;;~..f:..;::. .' rl) . ...I.~)l(:\'" ""~"l"" .., ":'. 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"t.,. ......... lo'tiJ'f.. .' ..: ". ....11.1;\)..;..\f',..J.I.~ '~r.;'f"lf".' ::~jrj{f~~~{:::':') ~~.~.~ ~~(::...~~?;;.::...; '.i '~:'::'~!~i':~~t~~;~~;3:~~ ~';::';r;.:.:.:~ ~:.~';~~~;..a~:. J;I.~:.;::.... ..' '::r~? ~::~~~~.i1~s~~~~~f:~~~~:I:~~!t:J~_:. J ) [II ::. PURPOSE AND ORGANIZATION OFTHE REPORT PURPOSE This report is for the local government of- ficial _ the elected officer, the attorney, and the administrator. It is intended to aid the governmental official in understanding. inter- governmental cooperation through a discussion of cooperative practices in Minnesota and re- commendations for courses of action that can lead to better forms of intergovernmental co- operation, With the exception of a strong emphasis on the legal aspects of interlocal cooperation, no attempt has been made to be completely comprehensive or highly ab- stract in dealing with this important subject. The complexity of cooperation and the numer- ous variables that can determine the success or failure of each cooperative venture make' comprehensiveness difficult, at best, Abstraction is not necessary for successful cooperation and, thus, is better left to academics and students of local government. Most officials will find that participation in cooperative agreements is the best educator, This study describes the basic elements bf cooperation and suggests answers to the ques- tions most frequently raised about coopera- tion - What authority dqes Minnesota law provide for cooperation? Who can cooperate? Is there judicial precedent for cooperation? Which organizational forms, administrative struc- tures seem to work best? What are examples of existing forms of cooperation in Minnes- ota? What examples of cooperative agreements can be utilized to develop a cooperative agree- ment? ORGANIZATION OF THE STUDY This report is divided into six major parts and three appendixes - INTRODUCTION; LEGAL ASPECTS OF COOPERATION; OR- GANIZATION, ADMINISTRATION AND FI- NANCE; GOVERNMENTAL FUNCTIONSSUBc JECT TO COOPERATION; DEVELOPING COOPERATIVE CONTRACTS; SAMPLE CO- OPERATIVE AGREEMENTS; and THE MIN- NESOTA JOINT EXERCISE OF POWER ACT, In the Introduction, cooperation is defined and the general advantages and disadvantages of its use are discussed. Part 2, Legal Aspects, examines the legal basis for cooperation, in- cluding the meanings of the various sections of Minnesota's joint exercise of powers act, general laws governing cooperation, the role of the Minnesota attorney general, and judicial interpretation of cooperative legislation. In the Organ ization-Administration-Finance section, these dimensions of cooperation are analyzed as they. relate to cooperative practices in Min. . nesota, .The final section, Developing Coopera- tive Contracts, discusses the cooperative con. . 'tract, especially items that should and should not be included in a properly drawn agreement. Appendix A contains 32 cooperative agree. ments, each of which demonstrates ways in which Minnesota's local governments have or- ganized, financed, and operated joint ventures. Appendix B is the Minnesota Joint Exercise of Powers Act, M.S,A, 471,59. This report is intended to be interesting and useful. Practical suggestions for developing contracts are offered, as are references to gen- eral laws governing cooperation, citations to attorney general's opinions, discussions of court cases dealing with intergovernmental agree- ments, and ways in which a contract can be drawn to the best advantage of the co- operating parties. Properly utilized, this study should be of immediate practical value to local attorneys, elected officers, and admin- istrators as a ready reference to cooperation. It is hoped that this approach to the sul:>- ject will find acceptance with the local practitioners as they face problems. that are certain to arise as cooperation increases be. tween and among local governments in Min. nesota. 1 PART I-INTRODUCTION Interlocal cooperation has become increasingly important to local government as more demands are made for new and better local governmen- tal services, In growing urban centers, these de- mands cannot readily be met by the tradition- I al means of providing servi,ces. In areas losi.ng population, it is becoming increasingly difficult to provide the traditional services and almost impossible to add the newer responsibilities of local government, We seem to have reached a point at which individual local governments can no longer independently provide for all of the service needs of local citizens, Adjustments are necessary and must be forthcoming if local gov- ernment is to maintain that independence and vitality which has made it the "grass roots" of government in the United States. For years, political scientists, good govern- ment groups, and others concerned with local government have advocated the consolidation of units of local government, the elimination of townships and small villages, the merger of counties, and the creation of metropolitan forms of local government, Promoters of these plans have argued that the result of elimination, mer- ger, and metropolitan government would be bet: tel' local government, however, few of these pro- posals have ever gained the approval of local 'officials or the average citizen, Rejecting dras- tic change, local governments are turning in- creasingly to interlocal cooperation to solve their service problems. In recent surveys of intergovernmental cooperation in the State of Minnesota (1965 and 19741. over 2,000 exam- ples of cooperation, including over 250 separate and discrete categories of local, services, were discovered, Cooperation spans the range of municipal functi.ons from accounting to zoning, and includes projects in which no money is spent as well as those in which millions of dollars are involved. The uses that Minnesota's local governments are making of interlocal co- operation indicate that it is an extremely prac- tical, useful, and widely accepted method of relieving governmental service strains. COOPERATION DEFINED Interlocal cooperation is the voluntary joining of two or more units of local government to achieve those purposes or pursue those ends commonly associated with local government. This simple definition states the basic dimen- sions of cooperation: it is voluntary a'nd'not im- posed. Local units.arenot required to' cooperate; they do so because they want to, This gives all ' partners an equal share in the decision-making of the cooperative effort without regard to size, assessed valuation, population, or other factors that .might give one partner an advan- tage over another, Being voluntary, (and in the absence of contract obligations to the contrary) units may withdraw if the conditions and results of cooperation are not to their liking, Advantages of Interlocal Cooperation, Among the advantages of interlocal cooper- ation are the following: 1, Cooperation is useful in broadening the geographical base for planning and administer- ing governmental services and controls. Most structural reform proposals emphasize the fact that local governments tend to be geograph- ically small and that these small jurisdictions are inc~pable of providing services and regula- ting those activities which affect the general welfare. Conflicting land uses, differing codes, confusing jurisdictional rules, and inattention to those problems not capable of solution by one unit of government are the main criticisms of the small unit of local government. Through cooperation, however, these prob- lems can be obviated. Communities can jointly adopt similar regulatory provisions which will ease the problems encountered by contractors and tradesmen; and they can regulate and solve those problems that do not respect political boundaries. The geographical bases for planning and control can be broadened by the cooper- ation of local units. 2, Cooperation tends to enlarge the scale and administration of local services making lower unit costs possible. This is an obvious advantage of interlocal cooperation - by expanding a serv- ice area, communities can take advantage of the economies of scale that often accrue in most services, Purchasing is an excellent example. When communities cooperate to purchase equip- 'ment and supplies, the larger volume of pur- chases often makes the unit price of commod- ities lower. If communities have a common problem in which trained personnel are neces- sary, it allows the hiring of one person to per- form professional duties in several units of lo- cal government, an action which can be prohib- itively expensive if one unit of local govern- ment attempts to utilize the person individually. 3. Cooperation is helpful in guiding the order- ly growth of an area. Planning is an especially useful example. 'If several units of government (including townships, municipalities, and coun: f .): 1 { { t { J \1. I 1 Ii' ~ t f { i ~ i i ! f 2 1 ,I "ZIi1" iff i~' ,,-""". .CI~..' 'l'? ' ~.;X;. :."~" .;..,,' . .....~ ".1\l. _}t. ties} jointly plan the development of an area, the cooperating units of government can pre- pare for the expansion of governmental services well in advance of the time when serious prob- lems might necessitate stopgap, less than satis- factory solutions. 4. Cooperation is flexible and versatile, One of the outstanding advantages of interlocal co- operation is its flexibility in adapting to new conditions which may develop after communi- ties are already cooperating in a particular lo- cal governmental service, Conditions of partici- pation, organization, finances, administration, and the scope and extent of the service can be changed rather easily using cooperative methods, Cooperating Communities need not be hindered by legislative requirements which no longer serve the purpose for which they were created. Everyday problems that occur can be remedied within the practical framework of cooperation without necessitating major changes in the legal or administrative tules, Cooperation is versatile in ,that specific functional needs can be taken into account when agreements are considered, The specific demands of one function may not be present in another. These can be anticipat- ed, planned for, and changed if necessary, 5. Flexibility of boundaries. Cooperation has the added advantage of being able to include other units of government in the agreement should they have need for the particular service. Unlike some approaches to urban service prob- lems which limit participation, a properly per- formed cooperative function can open member- ship in the agreement to any unit of goverriment needing the service and willing to undertake the responsibilities of participation. Units can be added as they need the services, and eliminated as this need passes, 6, Cooperation avoids the creation of special districts, Recently, many people have lamented the fact that special districts have been creat- ,; ed to perform governmental services, Cooper- ation can be financed and administered like a special district without the necessity of creat- ing a new unit of government and further frag- mentation of an area'. 7. Cooperation is political.\y feasible. Cooper- ation does not result in the political re.struc- turing of an area. No unitS of government are eliminated and, usually, none are created. Citi- zens 'still retain control over the function thiOugh their elected and appointed local gov- ernmental officials. Usually, there is no need for voter approval, as t.here would be in merger or consolidation. Communities can responsibly care for their service needs arid retain their po: litical boundaries. 8, Cooperation can result in the better per- formance of a service. Cooperation, if properly performed, can result in the infusion of new ideas and or,iginal approaches to problem solu- tions that better serve the local citizen. Since elected officials and administrative officers of several units of goverrnment are participa- ting, this can lead to the consideration of many factors of which one municipal administration might not be aware, Where an elected council and administrative officials are sensitive, citizen ideas can add touches of originality to the pro- vision of local services, In addition, some serv- ices can be governed by an appointed board of citizens who will contribute ideas that might not otherwise have been considered, This is no small factor in an age of complexity 'and citi- zen participation in government, 9. Cooperation protects the political identity of the community. Most persons are extremely proud and protective of their independent po' Iitical existence, Although the municipality may lose partial control over the administration of the function in the process of cooperation, it does not give up its political identity. Thus, lo- cal units of government need not fear the ad- vent of boundary elimination and the merging of several units into one political community. Disadvantages of Interlocal Cooperation Although the above listing of the advan- tages of cooperation make it seem like an ideal method of dealing with local services, there are several disadvantages to the process, These relate directly to the consensus features of cooperation, the possibility of a monopoly over local, functions, and the further possibility that cooperation may not deal with all of the serious problems of an area. 1. Consensus. By definition, cooperation re- quires all of the parties participating to ac- cept the conditions of cooperation, If ane of the communities is not in agreement or if the immediate local interest of a participant is in conflict with a broader areawide interest, co- operation cannot become a reality and serious problems can remain unsolved. Similarly, if there is no structure for mediating conflicts, once a communtiy has ,entered into a coopera- tive relationship. it can withdraw and serious- ly curtail the effectiveness of the agreement. Communities must, therefore, be prepared to bargain and negotiate over strongly hel,d feel- ings and desires, always keeping in mind the ,consequences of non-cooperation. 3 , 2, Monopoly. Many local services are provided under a 'contract with another unit of gov. ernment. If one unit of government has con- trol over a major resource, such as a water source, a sewage disposal system, or' other means of local service production, this could lead to the imposition of rates and policies that are not fully representative of the costs of production and administration, Where one community has such an advantage, it could exploit the needs of other communities for profit or policy control. On the other hand, there are several examples of cooperation in which those who have purchased the service un- der a long-term agreement, have received the product at a much lower unit cost than the sup- plier can afford, resulting in a loss on the part of the producer,. Neither situation strengthens cooperation. 3, The ad hoc nature of cooperation, Since agreements are confined to, specific services or governmental activities, cooperation can re- sult in a very uncoordinated approach to the provision of local services. This may lead to inattention to some aspects of local services and over-attention to others, with confusion and tension resulting, Uncoordinated solutions may be worse than no solution. ' 4, Cooperation can be conservative, Although cooperation is practical and versatile, there are some functions in which interlocal cooperation will be unable to furnish a solution. If local officials are not aware of this they may attempt to cooperate and fall short of minimum serv- ice levels, This will be much harder on the citi- zen and on community resources than if some other device not involving cooperation were attempted. Where more communities than those willing to cooperate are needed for effective service; where ,the service is one that requires resources not available to local government; where the subject is one usually associated with the county or state; local efforts can fall short, Often a preliminary study of the prob- lem will reveal these factors. Attempts to co- operate in the face of these factors will dis- advantage the participants and can provide a roadblock to the solution of the problem by other means. Summary Properly considered and administered, inter. local cooperation can be an effective method of easing local, service strains, It has the advan- tages of: (1) broadening the geographical bases " for the planning and administration of govern- mental services and regulation; (2) enlarging the scale of administration making lower unit costs possible; (3) guiding the orderly growth of an area; (4) responding to changing con- ditions with flexibility and versatility; (5) pro- viding boundary flexibility without legal changes; (6) avoiding the creation of special districts;' (7) providing political feasibility since no bound- aries are erased; (8) resulting in better pertor- ance of a service; and (9) protecting community political identity. Cooperation has several disadvantages insofar as it: (1) is based upon complete consensus _ one community can stop its effective applica- tion; (2) may result in a monopoly over a serv- ice by one community; (3) may be so incre- mental in nature as to result in an uncoordi- nated approach to services; and (4) may pre. c1ude other' approaches' from being tried in those instances in which cooperation cannot effectively solve the problem. Because interlocal cooperation requires 'the effective participation of all affected units of government, it is usually more demanding than are other approaches that abolish boundaries, transfer functions, or consolidate local govern- ments. When communities engage in a wide range of cooperative activities, as many local governments do in Minnesota, coordination reo quires the effective partiCipation' of most of the council members, administrative staffs, and in some instances, the' community at large. Governing bodies must iearn to share rather than dominate decisions; administrators must engage in more planning than might be other- wise required; and all must be committed to devoting more time and energy to the service, Properly considered and developed, coopera- tion can be worth the' extra efforts needed for its success. For those who value the in- dependence of local government both in rural and metropolitan areas, energies directed toward increased cooperation will be rewarded. Co- operation entered into simply to protect local independence without any commitment to pro- 'vidingthose services necessary in an age of increasing governmental responsibilities will probably not be effective. Like society at large, local governments must advance and de- velop. Cooperation offers one alternative to the challenges now facing all communities, / ! . t . ,4 l ,~ Ul 0:: ~ :::: o P-. ~ Z H o t"J Ul :> Ul Cl ~ ::r: Ul 0:: ~ ~ ~ Ul Ul ~ U o 0:: P-. Z o H ~ ~ ::J ...:l ~ :> ~ N 0Cl '- ...... 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Ill',-l E :::Ul~4J.ri III .Q I .,-l r-ll +J 0 III (Jl I=: 0.. l-/ Q)O Q) .Q .,-l +J '0 +J Ill',-l +JOQ)(Jl o III l-/ I=: Q) 010 .--1.--1 U <IJ r-f::l . (Jl 'rO 0 r-l Ul >.I.c cd I=: 1=:Q)+Juo III :>.,-l.,-l.,-l uO~+J+J ~ .Q I Q) :> .--I .,-l 4-l r-l+J0 III 0 l-/ Q) 1Il Q)4-lUlO :>4-lQ)::;: OQ)S;::::: ~ r-l N ., I' - ,,~ .....WOFFlCIES~ BurKe IlHd ..HIlWKiHS &umt 101 2" COON RAPIDllI!lOULEVARO COON RAPID&. MlNNE8OT,\ 1I1143:!1 PHONE 181217l142_ JOHN M. BURKE WlW,\M G. HJ.Wl(INS IIARRY M. ROlIIN6ON April 6, 1989 Honorable Mayor & Council of the City of Andove r Andover City Hall l685 Crosstown Blvd. NW Andover, MN 55304 Re: Cecil Sidwell Dear Mayor and Councilmen: Mr. Sidwell apparently addressed the Council at a recent meeting regarding my activities in declining to prosecute an individual. Mr. Hawkins indicated that you desire to have a letter from myself detailing my actions. Approximately one year ago, Mr. Sidwell contacted the Anoka County Sheriffls Office to investigate an individual that Mr. Sidwell claimed illegally broke into his home. The Sheriffls Office did investigate this matter and took recorded statements from Mr. Sidwell's two daughters. There was only one daughter at home at the time of the incident and this was in fact the person that the alleged intruder intended to visit. This daughter gave contradictory statements to her sister and a Sheriff's Office Investigator regarding this incident. The basic contradiction was that at one point she stated that this person broke into the home and that she allowed him to remain there for a few hours. The other version is that the involved door simply was stuck and was damaged when the alleged intruder was invited into the home. In both versions, it is clear that she allowed this person to remain in the home for a few hours after the initial entry. The Sheriff's Office first referred this matter to the County Attorney's Office for their review concerning any possible felony charges. The County Attorney's Office issued a "complaint denied memo" based upon the inconsistencies of the two statements and referred the matter to this office. I reviewed the matter and also declined to prosecute. /'~ .... .., Honorable Mayor and Councilmen Page Two Apr i1 6, 1989 Earlie~ this year, Mr. Sidwell again contacted the Sheriff's Office and requested additional followup to clarify his daughter's story regarding the incident. The Sheriff's Office then again referred the matter'to my attention. This additional information did not change my mind that the State could not prove its caSe beyond a reasonable doubt that the alleged intruder intentionally damaged the property of Mr. Sidwell by damaging his door. Feeling that the State ultimate!y could not prove its case I again declined to prosecute. On March 27, 1989, Mr. Sidwell telephoned me at my office. In that conversation I explained to Mr. Sidwell that due to the original inconsistent statements of his daughter, I do not feel the State could prove a criminal offense beyond a reasonable doubt. Mr. Sidwell became upset that I would be taking no action that would assist him in having restitution paid for the alleged damage to his door. Mr. Sidwell then made some racist remarks regarding the alleged defendant and commenced to direct profanity at myself. I did not direct any profanity at Mr. Sidwell nor did I raise my voice. I did inform Mr. Sidwell that because of the direction the conversation had taken that I would simply hang up, which I did. Mr. .Sidwell then telephoned my office again on Thursday, March 30, 1989. Mr. Sidwell initially identified himself by his first name and I had to inquire as to his last name because I did not immediately connect the name "Cecil" with the conversation I had with him three days prior. Mr. Sidwell then apologized for the language that he used in our previous telephone conversation. He then related that on either March 28 or March 29, an Anoka County Sheriff's Deputy visited his residence and issued him Some citations which I believe he stated were for having an unlicensed dog and for the exterior storage of some junk tires. I did assure Mr. Sidwell that this visit from the Deputy was in fact a coinCidence. I did not contact the Sheriff's Office or any other entity regarding Mr. Sidwell and I do not have any information whatsoever as to how or why the Sheriff's Office decided to charge Mr. Sidwell with the citations that he received. S!:lerelY, Q~ Cl- nso V Assi.~tf~t Andover City Attorney BMR/csh CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE April 18, 1989 Engineering APPRO;~D F( (R AGEND \"J BY: ,tv 1/ AGENDA SECTION NO. ORIGINATING DEPARTMENT ITEM NO. Round Lake BY: James E. Schrantz The city Council is requested to request the DNR to do a technical analysis on Round Lake to determine the extent, if any, that the water level on nearby property has on the lake level. Specifically, does the water level on the property east of Round Lake have an affect on Round Lake. COUNCIL ACTION MOTION BY TO SECOND BY /' TKDA T.oL TZ. KING. DUVALL. ANDERSON AND ASSOCIATES. INCORPORATED ENGINEERS ARCHITECTS PLANNERS 2500 AMERICAN NATIONAL BANK BUILDING SAINT PAUL, MINNESOTA 55101-1893 612/292-4400 FAX 612/292-0083 Apr II 5, 1989 Honorable Mayor and Cliy Council Andover, Minnesota Re: Andover, Minnesota Commission No. 9140-989 Dear Mayor and Council: The fol lowing are engineering matters dlscus~d at the regular Andover Cliy Council Meeting held April 4, 1989: 1. Crosstown Boul evard Storm Sewer Asse5sment. r..ommlsslon No. 9179-05. Cliy Project 87-3B Mr. Rodeberg dl d rw lew the cost and assessment data for the above named project. The area to be assessed was tributary to the storm sewer constructed I n Crosstown Boul evard (ffi 18) from South Coon Creek Drive to Coon Creek, and was defined In the Feaslbll liy Reports for Cliy Projects 87-4, 87-7, 87-8, 87-25, 87-29 and 88-6. Redesl gn of the storm sewer was compl eted to reduce the cost after some of the tributary area In Kensl ngton Estates Addition, Project 87- 8, was diverted away from the storm sewer. Regrading and storm sewers were designed for 10 year frequency storms to eliminate pending at or near the Intersection of South Coon Creek Drive and Crosstown Boul evard. Prw lous MSA or Couniy r,oad Improvements and Project 88-1 Improvements for storm sewer on Crosstown Boulward beiween 139th Street and 140th Street had not been assessed. As a method of defining a rei lef for properties abutting thoroughfares or col lector streets Improved with MSA or Couniy highway funds, It was suggested that the cost of storm sewer rei ated to roadway Improvements with In 200 feet of the centerline be relieved of any assessment and the area cost to the limit defined be paid from local state aid street funds (I.e., Andover's $46,OOOI annual MSA maintenance fund). Mr. Wlndschltl, the developer for Kensington Estates, suggested that the Anoka Couniy Board be asked to consider paying a cost for the Crosstown storm sewer equlval ent to what a storm sewer for the roadway woul d have cost without tributary area. He estimated that the cost for that storm sewer woul d be greater than the 26.94% proportionate share of the system Instal led, as computed using the MSA method of com put I ng the Couniy share. / , Honorabl e Mayor and City Council Andover, Minnesota Apr II 5, 1 989 Page Two (''cunei I Act I on The Council directed the City Administrator to re:juest a re- negotiation of County share of the storm sewer costs and 8% limit for engineering services. The Council di rected TKDA to compute the eq ul val ent cost of storm sewer for Project 87-3B for roadway drai nage onl y and report back prior to the April 18, 1989 Council meeting. 2. Rosella Sonstehy Petition for Sanitary Sewer (CARl The Council rfN lewed the re:juest for connection for her properiy to the Anoka Branch of the MWCC-CAB Interceptor. (''cunei I Act I on The Council directed the City Administrator to meet with MWCC staff to effect the extension of the Anoka Branch of the CAB Interceptor across the Rum River In the City of Anoka. Further, that the City of Andover be authorized to define the MWCC boundary within the City of Andover to Include the 30 acres:!:. as re:juested by Ms. Sonsteby. (Note: The proposed Improvement must go to the /I.etropolltan Council for Incl uslon In the MWCC 5-year capital Improvements program) 3. CrosstO<ln Bridge, 88-1, Commission No. 9128-03 The Council approved plans and specifications and authorized advertisement for bids to be received Friday, April 28, 1989 at 10:00 AM. 4. Red Oaks 6th Addition Utility and Streets. City Project 89-4. Commission No. 9432 The Council approved plans and specifications and authorized advertisement for bids to be received Friday, April 28, 1989 at9:30 AM. 5. Northwoods Tennis Court Bids, City Project 88-21, (',Qffimlsslon No. 9116 The City Council awarded the reconstruction of Northwoods Tennl s Courts to Bert Krabel, Alternate Bid "B" In the amount of $37,433.35. , . " Honorabl e Mayor and Cliy Council Andover, Minnesota Apr II 5, 1 989 Page Three An additional $1,800 wll I be required for removal and replacement of the fences before and after reconstruction of the tennis courts. The TKDA engineers were excused at approximately 11:00 PM. 6. The Council authorized TKDA to prepare the follOillng feaslbllliy report: ~unker Lake Boulevard Frontage Road south side from Jay Street to Hanson Boul evard, Cliy Project 89-12. S I ncerel y your s, ~g~ Dav I dson, P. E. JLD:J CITY of ANDOVER " NOTICE CITY OF ANDOVER (LOAD LIMITS) LOAD RESTRICTIONS ON CITY STREETS / , , Effective Tuesday, April 18, 1989, the seasonal road restrictions will be lifted from residential streets. cc: Mayor & City Council Anoka County Sheriff's Office/ Andover Officers Post ,..... t1mktL jJ mes E. Schrantz, P.E. ity Engineer/public works Director .....N" '.'