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Home My WebLink AboutCC June 6, 1989 o o DATE: June 6, 1989 ITEMS GIVEN TO THE CITY COUNCIL Tax Increment Documents Letter from Tim Yantos; Anoka County (5/31/89) Petition against proposed Landfill "Site Q" Larkin, Hoffman, Daly Letter from Charles R. Weaver; & Lindgren (5/31/89) Report from Anoka County Sheriff's Department Letter from Wayne & Kay Olson (6/6/89) Barna, Guzy, Merrill, Letter from Gabriel D. Giancola; Hynes & Giancola, Ltd. (6/1/89) Bonestroo, Rosene, Letter from Glenn Cook; Anderlik & Associates (6/2/89) Letter from Rodney E. Massey; MPCA (6/6/89) "What's Happening" PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA. THANK YOU. o 11) CC ~fll'? _n__..'_~_ . - _".-.. ~ EC Ei V EO' H JUN 11989 . CITY OF ANDOVER ENCLOSED PLEASE FIND THE FOLLOWING IMPORTANT DOCUMENTS: 1. Memo regarding 1990 budget 2. NMMA and NMDA membership fee schedules 3. Confidential memo regarding Tax Increment Financing 4. Tax Increment Policy Statement o o NORTHERN MAYORS ASSOCIATION Organized 1985 May 31, 1989 Memorandum To: Board Members North Metro Mayors Association (NMMA) North Metro Development Association (NMDA) From: Joseph D. strauss Re: operating Committee 1990 Budget Recommendations And Membership Fee Schedule The Operating Committee met on May 24, 1989 and considered the issue of the budget and membership fee schedule for NMMA and NMDA for 1990. The Committee recommended that the budgets and membership fee schedules for 1990 remain the same as they currently are for 1989. The attached membership fee schedule will be used for 1990. Note, the 1989 "estimated assessment value" and "population" figures will be the basis for the 1990 membership fee schedule. Note, for those cities that did not elect to participate in the NMDA (the ioint powers EDA) durinq 1989 please note what your membership fee would be should you chose to be a member in 1990. (See attached fee schedule for your convenience.) The Committee discussed the issue of raising additional funds for the organizations (NMMA and NMDA) through both business contributions as well as "Associate Memberships. II A detailed plan of action will be developed by staff to implement this activity for the remainder of 1989 and 1990. This information is submitted to your attention for budget planning purposes. Please share this information with appropriate staff personnel as you deem appropriate. If you have any questions please call me at 493-5115 or 493-5131. o 8525 Edinbrook Crossing. Suite 5. Brookiyn Park, MN 55443 (612) 493-5115 FAX (612) 424-1174 o North Metro Development Association EDA Joint Powers Agreement MEMBERSHIP FEE SCHEDULE FOR 1990 Dues Based On Amount Number Estimated Estimated Raised of Mills Source Of Assessed Assessed By One Raised Contribution Value Value Mill For Dues Andover $57,072,019 $4,947 $57,072 0.086687 Anoka 94,987,440 8,234 94,987 0.086687 Blaine 180,506,785 15,648 180,507 0.086687 Brooklyn Center 244,194,282 21,169 244,194 0.086687 Brooklyn Park 334,549,184 29,001 334,549 0.086687 Champlin 61,706,617 5,349 61,707 0.086687 Columbia Heights 116,413,206 10,092 116,413 0.086687 Coon Rapids 245,632,365 21,293 245,632 0.086687 crystal 135,666,772 11,761 135,667 0.086687 Dayton 19,086,941 1,655 19,087 0.086687 Fridley 246,874,760 21,401 246,875 0.086687 Maple Grove 213,235,200 18,485 213,235 0.086687 New Brighton 149,850,667 12,990 149,851 0.086687 New Hope 178,619,476 15,484 178,619 0.086687 Ramsey 51,995,094 4,507 51,995 0.086687 Robbinsdale 86,744,511 7,520 86,745 0.086687 spring Lake Park 36,414,244 3,157 36,414 0.086687 -------------- --------- ---------- TOTAL $2,453,549,563 $212,693 $2,453,549 (5/30/89) o o J:: o -.-f .j..l III ..-f o o lIl+J III J:: <QI l'l III QI l-l QI o l-l >'Ol III < ~ III o l-l 9i .c=+J +JJ:: ).l..-f 00 Z~ fj p o li:l o CI) li:l li:l ~ P. H :t: CI) Il:; li:l III ~ ~ l-llll QI QI .c=:::l +JO o o 0'1 0'1 r-f Il:; o ~ J::'t'l't'l OQlQl III +J III QI QI 't'l III III :::l ::lQlaQlr-f o lIl..-f III III lll+JlIl:> llllll< r<l + J:: J:: 0 O..-f III +J QI 't'l III :::lQlr-f Olll:::l III III 0 P. 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't'l QI ~)< ).l..-f 1ll'H p.-- III l-l +J QI .c= +J~ Ol J:: l-l -.-f J:: Ollll QllIl QlO QlQIlIl ()P.:t:'t'l >+J r-l~-.-f -0-1 0 .c= III III r-l J::J::J::lllo. l-lOlQl 't'l...:lO l-l >. >...-f'o-I III r-l >.~ -.-f 0. III 0. QI Qlr-lr-lr-l.QIl:;IllJ::QI l-l0>'J::0l1ll >1llJ::~~0.~ +JOr-lQllll:t:QI~J::QI O~~OO~:::lJ::lIl+J't'lr-l lIl~~J:: 't'lOIllOOIllr-lO>'>'~o.))~~l-lJ:: J::J::~l-ll-l.c=OOl-lIlll-lIllQlQlIllOo.~ <<IllIllIll()()()()O~~ZZIl:;Il:;CI)~ r-f o ~ M r-f r-f * 0'1 00 "'- o M "'- ~ -- o o ~ M M * o o ~ .. M r-f * M 0'1 ~ 00 ~ * ~ o ~ r-f ~ * M ~ ~ 0'1 ~ ~ M ~ ~ .. N * ~ ~ ~ ~ 0'1 M ...:l ~ o 8 o o city: Andover Membership Fee 1990: North Metro Mayors Association (Basic BUdget-NMMA) North Metro Development Association (Marketing Budget-NMDA) Total For Both Budgets: '\ $2,704.00 $4,947.00 $7,651. 00 o o j/! 'J' NORTHERN MAYORS ASSOCIATION Organized 1985 ----------------------- Confidential Memorandum ----------------------- May 31,1989 To: Board Members North Metro Mayors Association North Metro Development Association From: Joseph D. strauss Re: Tax Increment Financing The Legislative session that just concluded addressed the issue of TIF. Frankly, but for the assistance of a couple of very close friends, TIF would have been gutted. In fact the most aggressive and determined attack came from our own legislators who have priyately stated that they will do all in their power to change TIF going forward. The issue developed late in the session. Initially, it appeared that we would not even be faced with any TIF legislation. Then out of the blue two bills popped up in the House. Once that happened the issue quickly became very heated and controyersial. The League of Minnesota cities, and more specifically, the Executive Director, is in great disfavor with a number of key legislators over this issue. In addition, the counties and school districts have joined together to challenge the continuing use of TIF. with our victory this session we must recognize that the issue is far from over. It is our belief that TIF is in great jeopardy going forward. The forces are marshalled to deal a dramatic blow to TIF. It is anticipated that the issue will once again be looked at during the interim and become a major cause next session. We need to develop a comprehensive strategy to deal with this issue with our own legislators, particularly those who disagree with our position. In that vein I've enclosed the draft "TIF Policy statement II that the Economic Development Committee considered during the past twelve months. Recall we decided not to use this "policy statement" this session. 8525 Edinbrook Crossing, Suite 5. Brooklyn Park. MN 55443 (612) 493-5115 FAX (612) 424-1174 o o The Operating Committee at its most recent meeting recommended that we reconsider this document and determine if there would be any benefit in using it or a revised version to reduce tension on the TIF issue with our own legislators. Please review this document again and call me with thoughts. Please respond wi thin the next ten days, so the issue can de addressed at our next board meeting. your that, /" o TAX J:NCREMENT POLJ:CY STATEMENT The Northern ~ayors Association belieyes that tax increment financing l.S the only effective existing tool by which local government can preserve and protect its physical and economic environment. It has been vital to our efforts to provide housing, carry our redevelopment and to encourage economic development. We understand that tax increment financing must be used efficiently and with appropriate restraint. In this regard, our Association adopts the following policy statement and each member city pledges to adhere to it as their own: Policy No. 1. The legislature has exhibited continuing concern that cities are utilizing tax increment financing to compete with each other for development. Hereafter, cities of the Northern Mayors Association will not knowingly engage in "bidding wars" with other member cities on projects which are to be funded with tax increment. Policv No.2. Current law requires that copies of a proposed tax increment financing plan be submitted by cities to the county and school districts within which the proposed district is located, giving these entities an opportunity to appear at a city public hearing preceding adoption of the plan. Member cities of the Northern Mayors Association will, in addition to complying with these provisions, convene a "review summit" before creation of any new district and will inyite the elected officials and staffs of all affected taxing jurisdictions, including the Minnesota Department of Revenue, to review, adyise and comment on the proposed plan. Policy No.3. Economic development tax increment districts may be created if the city determines that the district will create jobs or enhance tax base. The member cities of the Northern Mayors Association will have in place or will develop a comprehensive policy for evaluating economic district projects, including a recommended set of "leverage ratios" for proposed economic development which will measure the number of private dollars matching each public tax increment dollar. o Policy No.4. cities have traditionally issued general obligation tax increment debt to pay the public costs associated with a tax increment financing district. The member cities of the Northern Mayors Association, concerned about the level of general obligation debt in their cities, will attempt to fund their public development costs on a revenue basis, without the issuance of general obligation debt. 1 o o Policv No.5. The existing tax increment law requires cities, before creating a new district, to find that "but for" the use of tax increment the anticipated development would not occur in the reasonably foreseeable future. This judgment is subjective, and has been the subject of considerable controversy. The Northern Mayors Association intends to develop analytical and numerical tools to assist member cities in more objectively weighing the "but for" test. In this regard, the Association will quarterly issue land, construction and financing costs as well as current comparable internal rates of return to permit member cities to better judge the level of assistance necessary to induce proposed projects. Policy No.6. Member citiEls of Northern Mayors Association intend to use tax increment financing for the: -creation of jobs. -demonstrated public purpose. -housing to benefit targeted group(s). -correction of significant sailor land problems. -significant increase in tax base." -redevelopment of existing blighted or substandard properties. 2 o o o CO U N TY OF /0 5Ar' C IA..//) 'r A N 0 K cA '1~/~'1 Office of the County Board of Commissioners COURTHOUSE ANOKA, MINNESOTA 55303 612-421-4760 May 31, 1989 ':-'1.:: f . '., ~ r ..., 1 I ?IQH9"- -.,1, :.> ':'119' , ~,:t i I" ,~..., .- , ~;; .,', f" J' r ....'1 rn,.. . - .;. .., 'i'\ I :-'''''''.~ ~'"r.;. .' -...- Mr. James E. Schrantz Administrator, City of Andover 1685 Crosstown Blvd. NW. Andover, MN 55304 -,- .,..CI,,~ Dear Mr. Schrantz: I am pleased to inform you that after several years of development, the Elk River Resource Recovery Facility will begin commercial operations July 15, 1989. The Elk River Resource Recovery Facility will turn garbage into refuse derived fuel which will be burned at the United Power Association's boilers to generate electricity. The Elk River Resource Recovery Facility is one component of Anoka County's Solid Waste Management System which includes recycling, yard waste composting, and the resource recovery facility. As you will recall, legislation directs that no unprocessed waste can be buried in landfills after January 1, 1990. In order to assure compliance of our contractual agreement with Northern States Power Company, the owner of the Elk River Resource Recovery Facility, Anoka County will implement its designation ordinance whereby all residential and commercial garbage collected in Anoka County must be delivered to the resource recovery facility. Your municipality really will not see any changes in the collection system as it exists today. The resident or commercial facility will hopefully pull out the recyclable materials, the hauler will pick up the remaining materials and instead of delivering them to the landfill, they will be delivered to the resource recovery facility. The fee charged for dumping the garbage at the Elk River Resource Recovery Facility will be $63.00 per ton effective July 15, 1989. According to information provided by local landfills on costs charged to haulers, the resident will see an increase in their monthly bill, depending on the hauler, in the range of approximately $1.89 to $2.88 per month. The $63.00 per ton dumping fee will include costs for processing the garbage, administering the project, and some of the costs involved with the County's recycling program. Should you have any questions regarding the resource recovery project, please do not hesitate to contact me. Sincerely, ;;=; J~-'--- ~im Yanlo~ Deputy County Administrator TY:nb Affirmative Action / Equal Opportunity Employer . <t>~~ I I o o ,. </8 C-:L-- ~/f1 PETITION AGAINST PROPOSED LANDFILL "SITE Q" ******************************************* o We, the undersigned, strongly oppose l?roposed landfill "site Q" locat.,...._ on the border of Andover and Coon Rap~ds (see map) and recommend elimination of "site Q" from consideration for the following reasons: 1. Three separate entities have recommended against "site Q" for the following reasons: ~ * Minnesota Pollution Control Agency - Lack of suitable groundwater r protection. * Minnesota Department of Natural Resources -.Endangerment of rare animal and plant species in addition to its proximity to Bunker Lake. * Anoka Soil & Water Conservation District - The sandy soil poses more potential problems than other landfill sites under consideration. 2. Andover currently has two sites on the EPA superfund list, the potential addition of "site Q" would result in three landfill sites within a two mile radius. (see map) 3. Approximately 500 existing homes, 400 potential new homes during calender 1989 and three elementary schools are located within three miles of "site Q". The proposed landfill may impact the safety of children due to increased heavy vehicle traffic, blowing litter, emission of harmful odors and the attraction of rodents and birds. 4. The 100 foot mound of garbage would have a detrimental effect on the Bunker Hills park system wh~ch is currently used for recreational activities such as golfing, picriicking, horseback riding, skiing, swimming (wave pool) , etc. NAME ADDRESS CITY 1.~~ ~:S;~L~i2T-?~/fL~~~ ~~~~~~ 2. :J:L:IDl!.LU~-l1 _G~'5~SQ_-:.LS~.LahL_-__-- J2.81hS~f- 3. ri~1-,,-T2@..~ J-:?LIL!JJ.J;J..CJ~_2zt-___- C~J?~- 4. ~-;ft~Jl[7-U-') 1::.d. ~~~::'Ll.f.I.-~~i1----.%$.------ JtJ'a.A4k!:.~i~ 5 0;), "jV'>kl.//' .'-Ufk.. ,1). - '. . t:U-' / J - - - .L_J.~~;" _1L_______ t.fL"'-~ ~~- 6.. ~'~_ J~4f_1lt~kkM~---- tn1U%~k __~1)__~l.::~Y!__________ .d'-~'l'f/-- J/j~rfLtJll!1_.2L6!:.~t/.~_'-_ iLl~42 2.9_2C(_-. l~.~tt~(.a__c--~_:::_'-' -tffb~*--_- [Mf/.1~-ff:;~:LL~0i,- -A~~r.(d _ -,:'f~^-tiffft&;-llw: ~~ I , ~i~l~!'71t;:(;rr--- ~~~; &'1NC ,; 3r (- (37(1, Iltl NtJ IJ!lOOV'fIZ, \LJ!lh,y) I D~ f'r(v;~ sJ ~ (/'-A'4~A.... 12. 1 , -r '31/j .... 1'I;Jlo6 \ I ~', ~ry'\ " .........:,.'100. PHONE ~-.- -~- /' /' /' , . ~ o , ' /6. Y)J{l~ /{, /07 - II 7?iu Y~':-0/C24 ~t, /~ .c" -L/3OJL /tcyk~1 i7- ~,,-- /17uV o~ 4 11 /.c' ~ &Jv'>-\ 8f~.- /1 /7~R --- ~ :<fcfJ/{P/WV,;{vJ. r200rl R~ /'1' ~ ;l..//,/VSyW; /!NOi:'I'J/ tJ7~ ~ __~ ~W/% ~;u '-f'1J1A- ~ \ ~"'L'" ~ o1lm; 0ltw 11 Q(, \; 1\"'-""/ ~"'" L And,,<c 07. C1ffi1~~cj'W'/WLI /7";' -a~a.y<' ~tf# ~141- c9;}, ~~\~V\.1coJ 13C(ll.vl,l~u"'- B-l\(,-; ,{+.vJiOVeJl ;V\.~ \ \~ ~-<e.~'" \\7-\.~ "-.:lotW(~~ s,.\, Ww ("0" ~'Ii','~!l. \/V,_ ;- 1"'. 1'--.J ..> -';'. ~ p~ (~17' ,1~~'~7' (,).v ...~ 2..G C){cc::'"2 A,.Y---. .- I X J .4 7 /7 ", L-. 5 () L 2 ~ /j ic' /t'~'l/ (~ S S EO 0) ~ ;'7" ~ ;26-oL( t},Jc .2s ~>j SI.L(.J,-,)/~ JAMES P. LARKIN ROBERT L. HOFF"MAN ..JACK F". DAI,.Y 00. KENNETH LINDGREN WENDELL R. ANDERSON GERALD H. F"RIEOELL ALLAN E. MULLIGAN ROBERT J. HENNESSEY JAMES C. ERICKSON EDWARD J. ORISCOLL ..JAMES P. MII,.EY GENE N. F"UI,.I,.ER DAVID C. SELLERGREN RICHARD J. KEENAN ..JOHN D. FULLMER ROBERT E. BOYLE F"RANK I. HARVEY CHARLES S. MODELl,. CHRISTOPHER J. DIETZEN JOHN R. BEATTlE LINDA H. F"ISHER THOMAS P. STOLTMAN STEVEN G. LEVIN FORREST D. NOWLIN MICHAEL C. JACKMAN JOHN E. DIEHL JON S. SWIEFl:ZEWSKI THOMAS J. FLYNN JAMES P. QUINN TODD I. FFl:EEMAN STEPHEN B. SOLOMON PETEFl: K. BECK JEROME H. KAHNKE SHERRILL OMAN KURETICH GERALD L. SECK JOHN B. LUNDOUIST DAYI,.E NOLAN" THOMAS B. HUMPHREY, JR. LARKIN, HOFFMAN, DALY & LINDGREN, LrD. ATTORN EYS AT LAW 1500 NORTHWESTERN FINANCIAL CENTER 2000 PIPER JAFFRAY TOWER 7900 XERXES AVENUE SOUTH 222 SOUTH NINTH STREET BLOOMINGTON, MINNESOTA 55431 MINNEAPOLIS, MINNESOTA 55402 TELEPHONE 16121 835-3800 TELEPHONE 16121 338*6610 FAX 16121 896-3333 FAX 16121 336*9760 NORTH SUBURBAN OFFICE 8990 SPRINGBROOK DRIVE, SUITE 250 COON RAPIDS, MINNESOTA 55433 TELEPHONE (6121 786-7117 FAX 16121786.6711 Reply to Coon Rapids May 31, 1989 Mr. James E. Schrantz City Administrator City of Andover 1685 Crosstown Blvd. N.W. Andover, MN 55304 Dear Jim: P CGC l> ~/4/?9 DAVID J. PEAT MICHAEL T. MCKIM CHARLES R. WEAVER HERMAN L. T....LLE VINCENT G. ELLA ANDREW J. MITCHELL JOHN A. COTTER" BEATRICE A. ROTHWEILER PAUL B. PLUNKETT ALAN L. KI LDOW KATHLEEN M. PICOTTE NEWMAN MICHAEL B.LEBARON FRANCIS E. GIBERSON TRACY R. EICHHORN-HICKS" AMY DARR GRADY CATHERINE BARNETT WILSON" JEFF"REY C. ANDERSON DANIEL L. BOWLES TODD M. VLATI<.OVICH TIMOTHY J. McMANUS GREGORY E. KORSTAD LISA A. GRAY GARY A. RENNEI<.E THOMAS H. WEAVER SHANNON K. McCAMBRIDGE MICHAEL S. COHEN DENISE M. NORTON GARY A. VAN CLEVE MICHAEL B. BRAMAN JOSEPH W. DICKER JACQUELINE F. DIETZ GAYLEN L. I<.NACK ROONEY D. IVES JULIE A. WRASE CHRISTOpHER J. HARRISTHAL SHARON L. BRENNA MARl KAY CANAGA LlTZAU TIMOTHY J. KEANE: JON R. NORBERG WILLIAM C, GRIF"-ITH THEODORE A. MONOALE JOHN J. STE"-FENHAGEN OANIEL W. VOSS OF COUNSEL JOSEPH GITlS RICHARD A. NORDBYE ""L50 ADMITTED IN WISCONSIN a meeting on Tuesday, June 13, results of the 1989 Leqislature. Restaurant at 4:30 p.m. 6:00 p.m. 1989, in order The meeting and will I will be hosting to discuss the will be held at Greenhaven last until approximately If at questions, the office. anytime you have any home or at please let me know at Very truly yours, (!fJ~ ;2 a)~ Charles LARKIN, R. Weaver, for HOFFMAN, DALY & LINDGREN, Ltd. CRW: ts either ---.---. --,.......-.,... .-._.~ RO' E (t :IF'D: .' [ ~ ~-, r:;-2.1~;;1 ' o CITY OF ANDOVER .~" .~.~, ~i Ojfice of . Ji f;/jff ANO[(A COUNTY SIIERIFF'S DEPARTMENT KENNE111 G. WILKINSON - SHERIFF . -- -.. . - --- Courthouse - 325 East MaiT/ Street - AT/oka, H' 'eIi1'ttf.l5~ ~ V ". D 612-421-4760 t;;. " ~ I t ANDOVER SQUAD ACI'IVITY MAY 1 8 1989 (Aid's Outisde The City) CITY OF ANDOVER DATE: tft.oJDavlYr) AID TO (CITY) 040289 Ham Lake 040789 East Bethel 041289 Ham Lake 042989 Ham Lake AID TIME TYPE OF CALT. Burglary .25 P.I.Accident .20 Burglary Fight .26 .14 t', ," Ogt. B. Andersohn -=71, 4. TCYI'AL TIME SPENT OUTSIDE OF THE CITY: 1.25 hrs *y.1I-lENEVER THE ANDOVER SQUAD IS CALLED OUT OF THE CITY AN AT!'EMPT IS riJADF. 'ID HAVE A COUNTYWIDE SQUAD COVER THE CITY DURING TIlE ABSE1'J::E, TIllS INCLUDES mURT THW.. . "~ To c.c t(b,/ p ~ ./ o ( lie: f11 DATE: June 6, 1989 TO: Andover City Council and Mayor FROM: Wayne and Kay Olson RE: Kirby Estates - Outlot "A" I would like to make a request for the council to review their motion taken on May 2, 1989 (page 15 of the minutes) for outlot A om Kirby Estates. I feel that it is warranted for the City of Andover to discuss compensation to the Olson's of Outlot A, Kirby Estates. There is an overall comprehensive storm sewer plan for this area to service a total of 69 acres. On May 2, 1989, the council stated that the area was natural drainage area and that drainage easement over it at this time as a part of the platting process. However, there is a Minnesota State Statue that states that a city government must compensate for taking or condeming of property. This motion is clearly indifferent to the state law. According to the City of Andover Subdividing and platting ordin- ance No. 10, Section 13, heading Easements, page 23 and to Section 10.09; heading Drainage Facilities, page 20, and again the motion passed is clearly indifferent to the referenced City ordinances. In a past telephone conversation with Jim Elling, he stated to me that a developer cannot drain onto another person's land, therefore, legally the City of Andover in future development cannot take easement to drain, pond, water run off etc., unless it is land owned by the developer. REference future platting plans by the City of Andover Project 89-13. o o o ~ Page 2 Kirby Estates entails 5.5 acres, 2 acres designated as suitable building sights for six lots and the remaining 3 acres as a low land to be used as a storm sewer. Therefore, there is. adequate drainage for six lots, and another 63.5 acres. , o o To BARNA, GUZV, MERRILL, HYNES & GIANCOLA, LTD. ATTORNEYS AT LAW June 1, 1989 City of Andover 1685 Crosstown Boulevard N.W. Andover, MN 55304 3989 Cenrral Avenue N.E., Suite 600 Minneapolis, Minnesota 55421-3985 Phone (612) 788-1644 Telecopier (612) 788-3305 701 Fourth Avenue South, Suite 500 Minneapolis, Minnesota 5'),1 t 5-1631 Steam Bath Re: William Batson d/b/a The Vapors vs. City of Andover Court File No.: C4-89-2843 Dear Sir/Madam: CC ~ . 7f1~1 ROBERT A. GUZY RICHARD A. MERRILL ROBERT C. HYNES GABRIEL D. GIANCOLA PAUL E. GODLEWSKI RONALD B. PETERSON JEFFREY S. JDHNSON JON P. ERICKSON DAVID A. COSSI THOMAS L. DONOVAN KENNETH A. AMDAHL RONALD L. GREENLEY SHARON L HALL MICHAEL F. HURLEY STEPHAN A. NICOL WILLIAM M. HANSEN JON G. TRANGSRUD JOAN M. THIEMAN KAREN J. KINGSLEY PATRICK J. FUGINA DANIEL D. STEPHAN JENNY l. WALKER JOAN M. QUADE LUKE R. STELLPFLUG STEVEN L. MACKEY PATRICIA A. ZENNER OF COUNSEL PETER BARNA LAWRENCE M. NAWROCKI PATENT, COPYRIGHT AND TRADEMARK LAW served upon you by U.S. Mail please find Appeal to the Court of Appeals and of Case in the above-referenced matter. Enc~osed herewith and Appellant's Notice of APP.....~~lant's Std!~ment \_- I ' Very rrulY yours,,\, -...., I I l' I --- I I! ; / ;' .' ~brL~6. "~cila AMW:rao Enclosure ~ o o STATE OF MINNESOTA DISTRICT COURT COUNTY OF ANOKA TENTH JUDICIAL DISTRICT Court File No. C4-89-2843 William Batson, dlbla The Vapors Steam Bath, Petitioner, vs. NOTICE OF APPEAL City of Andover, Respondent. TO: CLERK OF THE APPELLATE COURT, 230 STATE CAPITOL, ST. PAUL, MINNESOTA 55155; AND THE ATTORNEY GENERAL OF THE STATE OF MINNESOTA, SUITE 201, STATE CAPITOL, ST. PAUL, MINNESOTA 55155. PLEASE TAKE NOTICE that the above-named Petitioner appeals to the Court of Appeals of the State of Minnesota from a decision geclaring Ordinance No. 89 of the City of Andover, Anoka County, Jinnesota, constitutional in nature. This decision was rendered by The Honorable Kenneth J. Maas, District Court Judge on the 3rd day of May, 1989. Dated: By: , ~Gabriel D. Gian a, Attorneys for Petitioner 3989 Central Avenue N.E. Minneapolis, MN 55421 Telephone: 612/788-1644 .' o o STATE OF MINNESOTA IN COURT OF APPEALS ------------------------------- William Batson, dlbla The Vapors Steam Bath, STATEMENT OF THE CASE OF APPELLANT Appellant, vs. TRIAL COURT CASE NUMBER C4-89-2843 City of Andover, APPELLATE COURT CASE NUMBER Respondent. ------------------------------- Appellant William Batson, dlbla The Vapors Steam Bath, makes the following Statement of Case pursuant to Minn. R. Civ. P. 133.03: 1. Court of agency of case origination and name of judge or hearing officer who presided This case originated in District Court, Anoka County, Tenth Judicial District, State of Minnesota, with the Honorable Kenneth J. Maas presiding. 2. Jurisdictional statement. This appeal is from a decision declaring that Ordinance No. 89 of the City of Andover, Anoka County, Minnesota (a copy of which is attached hereto) is constitutional. Ordinance No. 89 is directed at closing commercial facilities in which it is thought high-risk sexual conduct takes place. This decision was rendered by the Honorable Kenneth J. Maas, District Court Judge on the 3rd day of May, 1989. 3. State type of litigation and designate any statutes at issue. Other civil-declaratory judgment. Basis of appeal is Ordinance No. 89. 4. Brief description of claims, defenses, issues litigated and result below. Appellant in the above-referenced matter operates a commercial facility, The Vapors Steam Bath. The City of Andover enacted Ordinance No. 89 on October 3, 1988, in an " o effort to close those facilities thought to aid in high-risk sexual conduct. Appellant challenges Ordinance No. 89 based on his First Amendment right to freedom of expression, Fourth Amendment right to privacy and the substantial economic impact involved with this burdensome Ordinance. Ordinance No. 89 which is specifically directed at The Vapors Steam Bath since it is the only such commercial facility of its type located in the City of Andover. 5. Issues proposed to be raised on appeal. Appellant challenges the constitutionality of Ordinance No. 89 based on his First Amendment right to freedom of expression, Fourth Amendment right to privacy and the substantial economic burden imposed by the Ordinance. 6. Is transcript required? Full transcript of the hearing held on March 21, 1989 is required. 7. Is oral argument requested? Oral argument is necessary pursuant to Rule 13.409, subd. 2. 8. Are formal briefs necessary? Formal briefs are necessary. 9. Names, addresses, zip codes and telephone numbers of attorneys for Appellant and Respondent. Attorneys for Appellant: Gabriel G. Giancola, Esq. Atty. ID. No. 34459 3989 Central Avenue N.E. Minneapolis, MN 55421 Telephone: 612/788-1644 Attorneys for Respondent: John N. Burke, Esq. 299 Coon Rapids Boulevard Suite 101 Coon Rapids, MN 55433 o -2- .' o o ..... Dated: /' BARNA, ~~y, MERRI4L; HYNES & ~illc A, LTD. A.. .~ () By: '\..-.~\...-X/ Gabriel D. Giancola, Attorneys for Appellant 3989 Central Avenue N.E. Minneapolis, MN 55421 Telephone: 612/788-1644 ~ -~- o n -. 1\]1 Otto G. Bonestroo. RE. Robert W. Rosene. P.E. Joseph C. Anderlik, P.E. Bradford A. lemberg. P.E. Richard E. Turner. P.E James C. orson. P.E. Glenn R. Cook. P.E. Thomas E. Noyes. PE. Robert G. Schunicht P.E. Marvin L Sorvala. PE. Bonestroo Rosene Anderlik & Associates Engineers & Architects June 2. 1989 City of Andover 1685 Crosstown Blvd. NW Anoka, MN 55303 Attn: Mr. James Schrantz . Keith A. Gordon. P.E. Richard W Foster. P.E. Donald C. Burgardt. P.E. Jerry A Bourdon. P.E. Mark A. Hanson. P.E. Ted K. Field. PE Michael T. Rautmann, PE. Robert R Pfefferle. P.E. David 0. loskota. PE. Thomas W. Peterson, P:E. Michael C. Lynch. P,E. James R. Maland. P.E. Kenneth P. Anderson, P.E. Keith A. Bachmann, P.E. Mark R. Rolfs, P.E. Robert C. Russek, A.LA. Thomas E. Angus. P.E. HOWclrrJ A. Sanford, P.E. Daniel J. Edgerton, p.E. Mark A. Seip, P.E. Philip J. Caswell. P.E. Mark D. Wallis. P.E. Thomas R. Anderson, ALA Gary F. Rylander, P.E. Charles A. Erickson Leo M. Pc3W'elsky Harlan M. Orson Susan M. Eberlin. c.P.A. Re: Proj. 89-1 - Ward Lake Drive MSAP 198-103-03 Proj. 89-2 - Tulip St. MSAP 198-105-03 File No. 17139 Dear Jim. Bids were received (MSAP 189-105-03) the bids received: on the Ward Lake Drive (MSAP project on Friday, May 26th. 198-103-03) and Tulip Street The following is a summary of Forest Lake Contracting W.B. Miller, Inc. Hardrives, Inc. Valley Paving, Inc. Gammon Bros., Inc. Alexander Const. Co. Engineer's Estimate Base Bid $363,660.75 407,376.50 419,285.10 424,041. 40 450,574.64 451,837.78 475,000.00 Alternate Bid $ 9,151.30 8,374.00 11,361.60 10,234.47 7,891.17 7,969.50 Total $372,812.05 415,750.50 430.646.70 434,276.37 458,465.81 459,807.28 We have reviewed the bids and provided a bid tabulation of the five low bid- ders. The alternate bid provides for rerouting storm sewer to the north on Tulip Street. The original plan provided for directing waterinto a backyard pond as agreed to by the property owner. The property owner has changed his mind and is not willing to provide the easement. We would recommend that the project be awarded to Forest Lake Contracting for the low bid amount of $372,812.05. The bid award should be made contingent upon Municipal State Aid approval of the project. If you have any questions, please contact this office. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Glenn R. 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" . ... .... ~ <..r, j Minnesota Pollution Control Agency 520 Lafayette Road, Saint Paul, Minnesota 55155 Telephone (612) 296-6300 o~ June 6, 1989 The Honorable Jim Elling, Mayor and City Council Mallbers City of Andover 1685 CI.:osstown Boulevard Andover, Minnesota 55303 Dear Mayor Elling and City Council Mallbers: RE: Waste Disposal Engineering This letter is tofonnally request that the Andover City Council consider taking action that would require that all buildings (residential and carmercia1) within the vicinity of the Waste Disposal Engineering (WOE) Site include methane gas detection devices and/or be constructed in a manner to be able to control methane gas levels by using venting devices or structural barriers. As stated in the enclosed letter to Mr. Dan Waloga of the U. S. Depart:.Inent of Housing and Urban Develor:ment, it is the position of the Minnesota pollution Control Agency (MPCA) and U.S. Environmental protection Agency (EPA) staffs that no structures, including garages and any other buildings, should be constructed within 200 feet of waste material at the WOE Site. This 200 foot "set back" is necessary to provide an adequate distance primarily to IOClnitor the migration 'Of landfill gas. The remedial action selected by the MPCA and EPA staffs for the WOE Site will include the 'Operation of a landfill gas IOClnitoring and control system. The landfill gas control system will control the levels and flow of landfill gas within the 200 foot "set back" distance to 25 percent of the Ulwer Explosive Limit for methane. It is the MPCA and EPA staff's position that the design, construction and maintenance of the landfill gas control system is the responsibility of those parties responsible for the contamination at the WOE Site. o The MPCA and EPA staffs are reconmending that the Andover City Council consider requiring that city ordinances for structures in the vicinity of WOE, but outside the 200 foot "set back" distance, include provisions for the installation of gas detection and/or gas control systems. Because the City Council has the authority to require such provisions, the MPCA and EPA staffs believe that the City Council is in the best position to also decide the area that should be affected by the gas detection and/or gas control system requirements. However, the MPCA staff will be available to provide any Regional Offices: Duluth' Brainerd. Detroit Lakes. Marshall' Rochester Equal Opportunity Employer Printed on Recycled Paper " o The Honorable Jim Elling, Mayor and City Council Manbers Page 2 June 6, 1989 tedmical assistance, if necessary, to assist you in this decision. Finally, it is the position of the MPCA staff that the installation and costs associated with the residential gas detection and/or gas control systems shall be the responsibility of the developer/builder. The MPCA and EPA staffs believe that the control of landfill gas is an llnportant envirornnental and hl.lffi3I1 health issue with respect to the WOE Site. Your cooperation and consideration of this reccmnendation would be appreciated and helpful. If you have any questions, please contact Kenneth Haberman of my staff at (612)296-7399. Sincerely, ~~p11J Ground Water and Solid Waste Division REM:ajr Enclosure \. cc: Bob Hutchinson, Anoka County Envirornnental Services Marcia Kull, Bowman & Brooke Dan Waloga, U.S. Department of Housing and Urban Developnent Fred Bartman, U.S. Erwirornnental Protection Agency o ~'t'.n. ;,.l,'''''''''~''''''~-'~''''' .:~! ". .,'iQ. '.. Minn~~ota Pollution Control Agencyrfi!ft -. 520 Lafayette Road, Saint Paul, Minnesota 55155 . e--: Telephone (612) 296-6300 MINNESOrA 1990 ~8r:',l.~8~ ; .'.,~~.~.~:r:\~~:_/~..,.\~__.^..~ _ . . '. "~:'::'S~; );::; ~~Y;~j~\;'jJ ,\ "'i'" <;-:. ,'(0 :,; ; . : ;::.;;,.:; .~,., :." , ..<A:...' 8 (. ~ c..' . Mr. Dan Waloga . u.s. Depart:nent of Housing and Urban Developtent 220 South 2nd Street Minneapolis, Minnesota 55401 .. Dear Mr. Waloga: . ,RE: Waste ,Disposal Engineering Site, Andover, Minnesota . As you requested at ,an April 13, 1989, meeting, the pw::pose of'this letter is to , provide the Minnesota Pollution Contn>l Agency's (MPCA) staff position regarding >..:.thenset back" distance between the Waste Disposal Engineering (WOE) Site. and, /L;; any deve1opn:mt adjacent to WOE.';: It is the MPCA staff's position that no: . .:.;,:~;;::;,,::structures;'includinggarages and any other buildings; should be constructed,.". ;~:,;:\,;:!;t@~:r within, 200, feet of . waste material'at the WOE Site. u. S~ Envirorntenta1 ;"-:'~; '-:" .. .~';;;f~~;I[i'I~~~;~~;~=M:'~!~~~~;~~~;~1~~\~:.~~ttt~~,. '!~~!~~g~~~~f~:V'l':: '.' . ";';:~~(-':"E'';..In-genera])L:the. decc.'!I:T--'sitionofmixed municipal solid wasteproduces"gases._. Of.. ';"":;:<;"i~F;:.these: gases~~:;nethane', gas beCOllleSthe clc:minant c....lIp.Jllerit when decatlpOsition' '. "::':'~'o/:'-'.'occurs in thi3. absence of oxygen;.: b:::Mever, volatile organic ccmpounds have also ..j'? been detected in gas sarrples collected at WOE. . Methane gas is explosive and may. 7~> present both a public health and safety cOncem as well as an environmental ":'; concem;,:f' The 200 foot "set back" distance will provide a distance for. the '.' installation of gas nonitoring points and the installation. and ,operation of a :.:'.A:< ::landfill gas collection and ventilation systan. , : .~.'. ~. . ..... '''.;' .,' :';'.,;.,; .. ..,..l1iadditioni'MPCAStatf will reccmnend to the city of Andover that heme;; in the . ~;;,'/'x.,.':~:vicinityof:the WOE Site, but outside the 200 foot "setback" distance, be . .' i,:':':;~';'-"'~~ii:'Equipped with a; landfill gas detection systen and/or be constructed in a manner. 3;~.:H!j;fto:be able to contn>l gas levels (using venting devices .or structural barriers);. <';:";"""';;;"'::':::,:.TheMPCA does notbave authority to require the developers, builders, or owners i:~~;~'~Ii~~:%\ to'. install. landfill' gas llOnitoring or control equiprent., The MPCA staff . ..' ,1}:;::;';,'\:2";')(: believes the city . of Andover has the autliority and the mechanism (by including .,:\:':(.i":-1'; provisions"in the city ordinances) to require residential gas nonitoring and/or.. ;;';;;'.:/; c~>ntrol i:;ystens.,,' . .h' " ..' ...i.'....::~:';;;;: ,. ,.:.",,- '.:.,:'."'''.,<.:.c'._','\ r :.: ..: ...'.j','.'....> ...." . .... ,'i};:;;':-;.';,! AsdiScr;ssecrduring the April 13;'1989, maeting involving.MPCA staff and u.S.' . ::;:;:::'f' <:;. Departrnent:of Housing and U.t:ban Developnent (HUD) representatives, the remedial .. actions for the WOE Site will include the operations of a landfill gas '0'. '. . . nonitoring and ventilation systen. . The MPCA staff believes that this systen, in canbination with the 200 foot canpliance zone and residential detection and/or Regional Offices: Duluth. Brainerd .; Detroit Lakes. Marshall. Rochester Equal Opportunity Employer Printed on Reevrlpd P"'Der .. "' " Mr. Dan Waloga...\i , Page 2 May 18, 1989 '.~' . .. " ~.' 'C .~ . _ o ,....'....1" control systans will provide adequate protection for public health and the enviroJulent. H~, at this tine, the MPCA staff cannot provide full ar:surance that landfill gas fran the WOE Site will not travel beyond the 200 foot distance. This is because there are many factors (Le., age, size and depth of landfill, type of soils, cap and gas ventilation system) that influence landfill gas migration and because the remedial actions have not. ccmnenced. Once the WOE cap and landfill gas noni taring and control system are in place, the MPCA staff believes there will be sufficient infonnation to provide a nore accurate picture of the existing and potential gas migration at the WOE Site, If you have any questions, please contact Kenneth Habennanof my staff at (612)296-7399. ":E;.in y 2n '. ....;..".. '.;'~'" /:.:;' . E... . sey,. P.E. .\'t.... ; '. '. '..'::u,'v. ;. ,;: r:;.:;..~.,.\.:.:t.. DiJ:ector ~;'.~:< '.;~:~t';.:. '", ."~. ",.t:r~7:'~:r: ': . ;.,,-~., .- . :'~,.-."'::' ',. '~'::' ,," '.,;.:.:..'O.::c", Ground,Water and Soll.d.Waste Dl.Vl.Sl.OIl .(I:~.:;L. ,,_ :'~--;:":"':;':"'.':" '1~!~~t~~!!I~~~2~~~~:C~'~~-_. Fred Bartman, U.S. EnviIonmental Protection Agency~ _ ;,:,:;::,:::~"-;" .~. ;.::., . , Bob Hutchinson,. Anoka Cotmty EnviIonmental Sel:vices . . Ron Roth, . Wasteco i'.".. ".','..'~..'u ,,,,,-.:; i:."':"'.:: . .. Margaret Coughlin, ' FOrd 'MotOr Ccmf>anJC RiChard. Marchek, .~sys. Co:rpor~tio?~~::: ~~. '''''' Carl Me~er, Honeywell, Inc. _.~ ",:_..,co...-o,:=__, .".; Marcia Kull, Bowman & Brooke..,., ..,_._---'-_ "'-'--__,__ ..' ~ :') .~:. '~r.' . ~;':-...,-...:"; :, ',' : .. .. - ,." ~ . -- ....' ;.~ ~;J ~:-....;;.l \h,..:..~:' ... ~d J:".'~ .1 .~ ~,t. . .'._~,; :".,. '., ;'~i', '..,' ,'. '.. :_r_::i,. \ r J:;;;: :}!=:,.: ~~ :~::' .' :,,'- , -" , , ~ i .. .......... ~::.:.. ,::_,:",'~::':~~<'r:'ril\~r:~)-:;' ...~,-' ~..;.~:~:__.~.l ...'_;'::~:: .~:....""r.).:'>:.:,',;L"f ::::i).~_~-;~.~~~-1- <.,:':.:' .'. .''','f.: .. " '~-,;';r;:-~'!':':,.;:,. _.:":;":::':.~:'~.:::-:::~ .;: . ". .~'''''''''''_ r ";-..~ ._'. ,:",: .'.1 I'. ".: : . '.: .,,' ._~,.. . ...-.....::.... .'.- - '. :":('.E ..~~-:r,L..~:.;....-~~:.." ,. :",.>1.~ "~;':: \':.<L:..:'~. c-......~ _:. ;.J!~,., ,~ . ~ ' .:' ',~ '.... .,., '...:~ '~.7" '.~ r -,,,,,._,,. .. ..,'.., ;. '!", '.~:,~..~g-: .,: .1'_. !'~ o ~ ;.'-.'.., ..' . , . . ~ -- ~ ... e. o ~ **************************************************************** ~~************************************************************~* ~~ ** ~ ** ~~ ** ~~ ** ~~ ** ~~ ** ::WHA T'.S.HAPPENING 1 :: ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ June 6, 1989 ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ - Paul McCarron has requested the Mayor and a ** ~~ t ff b ** ~~ s a. mem e~ be appointed to the Anoka County ** :: Regl.onal Ral.lroad Authority (ACRRA). I :: ~~ recommend Todd Haas serve on this committee. ** ~~ (See packet). ** ~~ ** ~~ ** ~~ ** ~ ~ :: - Anoka County Public Transit Advisory Committee :: ~~ (ACPTAC) Commissioner Steffen has requested a ** :: staff person attend these meetings. I have :: ~~ asked d'Arcy to attend the meetings. (See ** :: attached). :: ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** :~ ** ~~ ** ~ ~ ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~ ** ~~ ~ ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ ** ~~ * ~~************************************************************~* ................................................................ ~tc-' ( c ~/(f7 .5:..z-- !viii i (;" Fa'lL.- /Jv pc;: Rr~J~ t~~D 0' o Office of the County Board of Commissioners COUNTY OF ANOKA COURT HOUSE ANOKA, MINNESOTA 55303 421-4760 NATALIE HAAS STEFFEN County Board of Commissioners District #1 . /! ~7r - June 2, 1989 CITY OF ANDOVER Mr. James E. Schrantz Administrator, City of Andover 1685 Crosstown Blvd. N.W. Andover, Mn. 55304 Dear Mr. Schrantz, Since 1985 Anoka County has successfully implemented a variety of expanded transit services. In order to meet the growing demand for public transit and continue to provide efficient coordination of transit services, the Anoka County Board of Commissioners is asking for Andover's assistance. Specifically, the Commissioners are requesting that each city in Anoka County designate a person from their staff that would serve as a liaison to the Anoka County Public Transit Advisory Committee (ACPT AC). This committee was created in February 1989 by the Board of Commissioners. The ACPTAC is charged with assisting in the planning and development of strategies for improving public transit services in Anoka County. Your staff's contribution will be to ensure that your city's transit interests/needs are identified and also provide feedback information to the city council and city residents when appropriate. It is recommended that your staff attend the monthly ACPTAC meetings which will provide first-hand information of the new and expanded services being developed by the Commissioners for specific areas of the county. However, Anoka County staff will ensure that relevant information is provided if they arc unable to attend. o The Anoka County Board of Commissioners is committed to the improvement of public transit that will enhance the quality of life for all residents. We'll continue to be successful in our efforts through the cooperation of the communities, service providers, and business leaders. r .-- o Page 2 Mr. James E. Schrantz June 2, 1989 If you would like additional information about the ACPTAC or the role of your staff please contact Diane Harberts, Transportation Specialist for Anoka County, at 422-7085. Please submit the name of the staff person you designate to Diane by June 10, 1989. Names can be submitted by mailing them to: Diane Harberts, Anoka County Courthouse-Annex, 325 East Main, Anoka, Mn. 55303. Thank you for your assistance. Sincerely, n~tf Natalie Haas Steffen Commissioner Chair, Anoka County Public Transit Advisory Committee /4 /1'(1 0 6~?:rL t9 ~(I:J--cl'71/rL_-) / S /D pe()l/)j)J:- ?uf3,Lt c "le1J1J5J/ f() file 6~~i71/)Z- ?Zl5t/ c- N c-~c.17-! D7::: Ttf 2. '1-7~ 4 */ _'5/1 (/ <K r. Lo-n? /11 / -j-7ll-~ fJ)/.sccs_') (;0 lID (;;111/ .-) 19 +- <: k}' //1;- 0,",,-'&<;' . {) '-:;/ ...JL l.- /..) o /7-' 15 4- -/7/2)[.1:.- j-<XL.E I' 1-iJ~I /J5/~ '-j- IIr- /}; e-.t1/?\I0..s --I fIE /1) t.1::;IJVl7 LlfJ lL Br- ~Z.D (Vii e ~) vc/ l-hz-s- ,Jj~~ ?/..-/ht/.-i- /7/./6 hiJ\..--z/7/_?\.../ d '4 '10 #772"7"\/-0 ()(..~}VO - /L~)(.rH"JJZ--- c o DATE: June 6, 1989 ITEMS GIVEN TO THE CITY COUNCIL Letter from Burke & Hawkins Ordinance 8lII Amendment Ordinance 8JJJ Amendment Planning & Zoning Minutes - May 9, 1989 park & Recreation Minutes - May 4, 1989 Special City Council Minutes - May 18, 1989 Planning & Zoning Minutes - May 23, 1989 City Council Minutes - May 16, 1989 Special Closed City Council Minutes - May 18, 1989 Letter from BRW Park & Recreation Minutes - May 18, 1989 Letter from Minnesota Department of Health 1989 Budget Letter from State of Minnesota Department of Public Raf~~y PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA. THANK YOU. o o " LAW OFFICES OF 70 cc h) L/?? SB - :P.p81 SUITE 101 299 COON RAPIDS BOULEVARD COON RAPIDS. MINNESOTA 55433 PHONE (61 2) 784-299B Hurke and .Hawkins JOHN M. BURKE WlLLlAM G. HAWKINS BARRY M. ROBINSON May 17, 1989 RECEiVEO. IVlAY 22 1989 Mr. James E. Schrantz Andover City Hall 1685 Crosstown Blvd. Andover, MN 55304 CITY OF ANDOVER Re: Vapors Lawsuit Dear Jim: Enclosed please find Findings of Fact and Order issued by the Anoka County District Court concerning the challenge by William Batson to the constitutionality of the City's Hazardous Sex Ordinance. As you can see the Court has determined that the ordinance is not unconstitutional. The petitioner does have the right to appeal this determination to the Court of Appeals in Minnes.ota. Based upon the ordinance a hearing was conducted before George Beck as designee of the Andover Health Board. Briefs will be submi tted to Mr. Beck wi thin two weeks and he has thirty days thereafter to issue his recommendation to the Health Board concerning appropr iate action. If anyone has any questions regarding the status of this matter, please contact me. Hawkins WGH:mk Enc. STATE OF MINNESOTA DISTRICT COURT o COUNTY OF ANOKA TENTH JUDICIAL DISTRICT ---------------------------------- William Batson, dlbla The Vapors Steam Bath, FINDINGS OF FACT AND ORDER Petitioner, vs. File No. C4-89-2843 City of Andover, Respondent. ---------------------------------- The aboye-entitled matter came on for hearing before the undersigned on March 21, 1989, at the Anoka County Courthouse, Anoka, Minnesota, upon Plaintiff's Motion for declaring and adjudg- ing Ordinance No. 89 of the City of Andoyer, Anoka County, Minnesota, unconstitutional. , Gabriel S. Giancolla, Esq., appeared on behalf of Petitioner. John Burke, Esq., appeared on behalf of Respondent. Based upon all of the files, records, and proceedings herein, tpe Court makes the following: FINDINGS OF FACT 1. That at all times material hereto, Petitioner was the owner and operator of the establishment known as The Vapors Steam Bath, hereinafter referred to as "The Vapors," which is located at 1860 Banker Lake Bouleyard, Northwest Andover, Minnesota. "The Vapors" has been in operation for approximately 17 years. 2. That at all times material hereto, Respondent, the City of Andover, was a municipal corporation organized under the laws c:> of the State of Minnesota, with the authority to enact municipal ordinances pursuant to Minn. Stat. ~4l2.191, subd. 4. o 3. That on October 4, 1988, the Andover City Council enacted an ordinance relating to contagious diseases in high-risk sexual conduc~ entitled Ordinance 89. 4. That according to the Respondent, Ordinance 89 was adopted in response to concern over the increasing pUblic health threat of Acquired Immune Deficiency Syndrome. Respondent claims that the ordinance attempts to regulate certain commercial facilities where high-risk sexual conduct has been found by the Council to have taken place. Respondent states that the ordinance is, by its terms, a health, safety, and welfare regulation. 5. That pursuant to Ordinance 89, the City of Andover in- formed Petitioner that the Andover health officer had reasonable belief that "The Vapors" is a hazardous site. 6. That pursuant to the ordinance (see attached), Petitioner requested a hearing. 7. That on March 22, 1989, a hearing was held before the hearing examiner, George Beck, an attorney employed by the Office of Administrative Hearings for the State of Minnesota. Pursuant to Ordinance 89, Mr. Beck was employed as a designee for the Andover Board of Health. 8. That Petitioner and his attorney appeared at the hearing. They heard the sworn witnesses and exercised their opportunity for cross-examination. 9. That the Council received eyidence showing that high-risk acti vi ty contributes to the transmission of AIDS. Eyidence was receiyed which demonstrated that high-risk sexual actiyities o included multiple, anonymous sexual activities. This activity -2- o includes anal, vaginal, or oral sex with someone who engages in anal sex. 10. That undercoyer police officers went into "The Vapors" on April 26, 1985, and August 22, 23, 25, 30, and 31, 1988. While at "The Vapors," the officers observed men engaging in mutual and self-masturbation and oral sex. The officers also observed patrons of "The Vapors" exposing themselves. 11. That based upon the officers observations, a search warrant was applied for from the Anoka County District Court on September 1, 1988, and said warrant was executed on the same day at "The Vapors." 12. That investigators viewed "The Vapors" facility and described it as containing on its first floor a lounge area, two saunas, a common shower, and seyeral small rooms with cots. The second floor consisted of small rooms, a sun deck, and a large room with several mattresses on the floor. 13. That investigators stated that they observed in "The Vapors ": pealing paint, mold in the showers and saunas, and dirty bed linens. 14. That the following items were seized when the search warrant was executed on September 1, 1988: o Copy of newspaper - "Twin Cities Gaze" dated 8/25/88 Copy of newspaper - "GLC Voice" dated 8/1188 "Tide" box containing pornographic paperback books "Tide" box containing pronographic paperback books Cardboard box containing assorted pornographic magazines Paper bag containing condoms and dildo Bag of assorted pornographic magazines and women's panties Gray metal box containing assorted photographs and papers Assorted body lotions and powders Assorted gay and lesbian newspapers "Sheik" condoms and wrapper containing liquid substance Condom containing liquid substance -3- o Condom containing liquid substance Small brown bottle containing liquid "Cobraroma" Empty small brown bottle and condom wrapper Condom wrapper Two wrapped condoms Small brown bottle with liquid Condom wrapper Bottle of vaseline and bottle Small brown bottle containing Small brown bottle containing Two wrapped condoms of "Keri" liquid liquid lotion 15. That Mrs. Susan Strand, a public health nurse for Anoka County and an expert on the human immune deficiency virus, appeared at the hearing. 16. That Mrs. Strand heard the testimony of "The Vapors" ~customers and the seven undercover officers. Mrs. Strand testified that semen can harbor the HIV virus, and that it can be transmitted by oral sex between two males. Mrs. Strand also stated that once a male is infected with the deadly virus, he may not know about it for years. 17. That Petitioner claims that Ordinance 89 is contrary to constitutional guarantees. 18. That Petitioner demands that Ordinance 89 enacted October 4~ 1988 be declared unconstitutional. 19 . That on April 5, 1989, Petitioner sent a Summons and Complaint to the City of Andover and its attorneys. 20. That this Court finds that Ordinance 89 is not a content-based restriction. 21. That this Court finds that Ordinance 89 is a time, place, and manner restriction that is wi thin the constitutional power of the goyernment, and that the City of Andoyer adopted Ordinance 89 to protect the public by regulating those commercial o -4- premises that are conducive to the spread.of communicable disease, c:> and in particular, the spread of sexually transmitted disease of Acquired Immune Deficiency Syndrome. 22. That this Court finds that Ordinance 89 furthers an important governmental interest. 23. That this Court finds that the governmental interest Ordinance 89 furthers is unrelated to the suppression of free expression. 24. That this Court finds that the incidental restriction on the First Amendment created by Ordinance 89 is not greater than what is essential to the furtherance of that interest. Based upon the foregoing, the Court makes the following: ORDER 1. That Petitioner's request for declaratory judgment finding the City of Andover's Ordinance 89 to be unconstitutional is hereby DENIED. 2. That the Anoka County Court Administrator shall serye a true and correct copy of this Order by U.S. mail upon the above- referenced parties which shall constitute due and proper seryice of this Order for all purposes. The attached Memorandun is Dated: Court o -5- MEMORANDUM o Re: Batson, dlbla The Vapors Steam Bath v. City of Andover Court File No. C4-89-2843 This matter came before the Court pursuant to Petitioner's Motion for declaring and adjudging Ordinance No. 89 of the City of Andover, Anoka County, Minnesota, unconstitutional. The legal basis for the Court's decision will be briefly outlined herein- after. First, Petitioner claims that Ordinance 89 should be declared unconstitutional because it infringes on one's constitutional rights of free speech and privacy under the First and Fourteenth Amendments. Respondent claims that the ordinance specifically regulates activities which take place in "The Vapors." According to the United States Supreme Court, "regulations encacted for the purpose of restraining speech on the basis of its content presumptiyely yio1ate the First Amendment." Renton v. Playtime Theatres, Inc., 475 U.S. 41, 4789 L.Ed.2d 29,37, 106 S.Ct. 925 (1986). Yet, "content-neutral time, place, and manner regulations are acceptable" as long as they fall within certain requirements deyeloped by the Court. Id. This Court finds that Ordinance 89 regulates the time, place, and manner of expression. The statute was not enacted to have an impact on First Amendment actiYity. That is, the purpose of the ordinance is not to regulate the content of films and live entertainment or to regulate what is said or read in "The Vapors. " Therefore, it is appropriate, in this case, to analyze the ordinance under the time, place, and manner test since the o ordinance does not regulate speech on the basis of content but rather noncommunicative aspects of speech.1 o o In 1968, the United States Supreme Court designed a test to examine the time, place, and manner restriction in United States v. O'Brien, 391 U.S. 367, 88 S.Ct. 1673, 20 L.Ed. 672 (1968). The O'Brien case dealt with an individual convicted of a federal statute which made the knowing destruction of a selective seryice registration certificate illegal. The 0' Brien court stated, "a goyernmental regulation is sUfficiently justified if it is wi thin 1) the constitutional power of the government 7 2) if it furthers an important or substantial governmental interest7 3) if the governmental interest is unrelated to he suppression of free expression7 and 4) if the incidental restric- tion on alleged First Amendment freedoms is no greater than is essential to the furtherance of that freedom." Id., 391 U.S. at 377, 88 S.Ct. at , 20 L.Ed. at 680. First, in order for Ordinance 89 to be constitutional pursuant to O'Brien, the ordinance must be within the constitutional power of the City of Andoyer to enact. A government may, under its police powers, enact statutes and ordinances for the welfare and health of its citizens. Fairmont Foods Co. v. City of Duluth, 260 Minn. 323, 110 N.W.2d 155 (Minn. 1961); State v. Villaqe of Roseville, 244 Minn. 343, 70 N.W.2d 404 (Minn. 1955). According to the City of Andover, Ordinance 89 is des igned to take steps toward the prevention of the spread of AIDS. This Court finds that it is within the constitutional power of the Ci ty of Andoyer under its police powers to enact ordinances for the welfare and health of its citizens. The next element of the 0' Brien test requires that for a time, manner, and place restriction to be yalid, the ordinance -2- o must further an important governmental ;interest. The ordinance in this case takes steps towards the preyention of the spread of AIDS. The City has a valid and substantial interest in protect- ing the health and welfare of its citizens. Thirdly, O'Brien requires that the governmental interests the City seeks to further be unrelated to the suppression of free expression. Under this element, courts must eskew al- together the guesswork of speculating about the motiye of lawmakers." [citation omitted.] Instead, courts must look only to the face of the regulation and the identifiable interests advanced to justify the regulation. Further, To establish interest, it is here demonstrate it relied upon be relevant to addresses. a substantial governmental necessary only that the City that the evidence which is reasonably belieyed to the problem that the City Renton, u.S. at 106 S.Ct. at 930, 89 L.Ed.2d at 40. In this case, the City of Andover enacted the ordinance over a concern over the Acquired Immune Deficiency Syndrome. The Council received testimony that exposure to blood and semen in casual sexual meeting could transmit the HTLV/3 Virus that carries AIDS. This Court finds that the City's ordinance is not facially without factual support. The ordinance is not arbi- trary and capricious. Wall Distributors, Inc. v. City of Newport News, Va, 782 F.2d 1165, 1169 (4th Cir. 1986). Instead, the o ordinance is designed to persuade individuals from partaking in high-risk acti yi ties, the type of acti vi ties that have been found to take place at "The Vapors." -3- o This Court finds that the City of Andover in enacting Ordi- nance 89 acted properly on reasonable belief. This Court finds a rational relationship between the ordinance and the public health danger that the ordinance attempts to reduce. Further, the City, in enacting the ordinance, acted constitutionally within its police powers and in furtherance of a substantial governmental interest unrelated to the suppression of free expression. The fourth O'Brien requirement for a constitutional time, place, and manner restriction demands the incidental restriction on the First Amendment freedoms is not greater than what is essen- tial to the furtherance of that interest. Plaintiff failed to state how the ordinance interferes with an individual's freedom of speech. Instead, Plaintiff claims that the ordinance restricts a type of "creatiye expression." In Broadway Books, Inc. Y. Roberts, 642 F.Supp. 46 (E.D. Tenn. 1986), the District Court of Tennessee was able to shed some insight on this element of the 0' Brien test. In Broadway Books, an action similar to this case, owners of adult book stores brought an action to challenge a licensing ordinance. The Broadway court declared: First it is unclear whether the owner of an adult bookstore has standing to assert constitutional rights of partrons. E11west Stereo Theaters, Inc. v. Wenner, 681 F.2d 1243, 1247 (9th Cir. 1982). o Second to accede to plaintiffs' argument .would be tantamount to finding that the patrons have some kind of right to masturbate them- selves and others in the seclusion of these booths. This is not a 'right' which is pro- tected by the First Amendment. While one may be entitled to engage in this actiYity in the priyacy of one's home, there is no -4- o such entitlement to do so in a public place. As the Ninth Circuit recently stated in Ellwest Stereo Theaters, Inc. Y. Wenner, We decline to hold that the right to unobserved masturbation in a public theater is fundamental or implicit in the concept of ordered liberty. Broadway Books, Inc. v. Roberts, 642 F.Supp. 482, 492 ( E. D. Tenn. 1986). In this case, the facts demonstrate that illegal high-risk acti vi ties take place at "The Vapors." This type of activity is not protected. In addition, this form of expression is not totally eliminated by the statute. Instead, individuals are free to partake in this type of actiYity in other than commercial premises. Therefore, in this case, any incidental restriction on First Amendment freedom is not greater than what is essential to the government's interest of protecting the health and welfare of its citizens. Plaintiff also claims that substantial economic impact will result if the ordinance is not found unconstitutional. In Younq Y. American MiniTheatres, Inc., 426 U.S. 50, 96 S.Ct. 2440, 49 L.Ed.2d 310 (1976), the United States Supreme Court upheld a zoning ordinance which prevented an adult moYie theatre from showing adult moYies in the building's present loca- o tion. In the Young case, the court stated: The inquiry for First Amendment purposes is not concerned with economic impact 1 rather, it looks only to the effect of this ordinance upon freedom of expression. This prompts essentially two inquiries: (i) Does the ordinance impose any content limitation on -the creators of adult moYies or their ability to make them available to whom they desire, and (ii) does it restrict in any significant way the viewing of these moYies by those who desire to see them? Id. -5- In John Doe, et al. v. City of Minneapolis, u. S. District c:> Court 4th Diy., Civ. File No. 4-88-475, adjudicated Aug. 19, 1988, the court examined the constitutionality of an exactly parallel Minneapolis ordinance. In said case, the court discussed the issue of economics and stated, Further, this court finds the revenue loss to be insignificant when counterbalanced by the health concerns to which the ordinance is directed. The court finds the goyernmental interest in this ordinance does not relate to the suppression of free expression. Similarly in this case, economic impact is not a part of the Court's constitutional inquiry. It should also be noted that the ordinance does not prevent Petitioner from operating his stearn bath, but may prevent Petitoiner from operating the stearn bath under the current conditions. The ordinance ultimately places health and safety restrictions on the premises. Finally, Petitioner argues that Ordinance 89 violates the right to priyacy. As authority for this proposition, Petitioner cites several Hennepin County District Court criminal cases inyolv- ing charges of indecent exposure within commercial establishments. Petitioner's proyides, in brief: In the interest of an indiYidual's right to priyacy, the court held that conduct becomes indecent only when a [person] indulges in such activities at a time and place where, as a reasonable person, he (she) knows or ought to know his (her) act is open to the observation of others. It s!1ould be. noted that the cases cited by Petitioner were for criminal violations. These cases do not deal with the consti- tutionality of an ordinance. The cases did not establish a right c:> to privacy in commercial places. Instead, these cases were about construing the indecent conduct ordinance. -6- , ." o \0 Instead, The right of privacy encompasses and protects personal intimacies of the home, the family, marrigae, parenthood, procreation, and child rearing. Paris Adult Theatre I v. Slaton, 413 U.S. 45, 49, 93 S.Ct. 268, 2639, 37 L.Ed.2d 446 (1973). In the Paris Adult Theatre I case, the United States Supreme Court declined to establish a privacy right to watch obscene movies in a public place. Specifically, the court held: The idea of a priyacy right public accommodation are, in mutually exclusive. Id. 413 93 S.Ct. at 2640. in a this U.S. place of context, at 66, The right to priyacy has not been enlarged to include a place of public accommodation. In this case, the Court does not find that the right to privacy includes high-risk sexual activities in a commercial establishment. Accordingly, based upon the foregoing, this Court finds that Petitioner's request for a declaratory judgment finding the City of Andover's Ordinance 89 to be unconstitutional is denied. K.J.M. -7- , . End Note o 1 See, Supreme Court in u.s. Y. O'Brien, 391 u.S. 367, 88 S.Ct. 1673, 20 L.Ed.2d 672 (1968). In O'Brien, the defendant, O'Brien, was convicted in the United States District Court for Yiolating a federal statute making the knowing destruction of a selective service registration certificate illegal. Mr. O'Brien burned his selective service registration certificate in order to publicly influence others to adopt antiwar beliefs. The court in O'Brien failed to accept O'Brien's argument that his act was protected symbolic speech and that the First Amendment guarantees all modes of communication of ideas by conduct, and that his conduct was within this defini- tion. Instead, the O'Brien court held that, We cannot accept the view that an apparently limitless yariety of conduct can be labeled 'speech' whenever the person engaging in the conduct intends thereby to express an idea. However, even on the assumption that the alleged communicative element in O'Brien's conduct is sufficient to bring into play the First Amendment, it does not necessarily follow that the destruction of a registration certificate is constitu- tionally protected activity. This court has held that when 'speech' and 'nonspeech' elements are combined in the same course of conduct, a sufficiently important goyernmental interest in regulating the nonspeech element can justify incidental limitations on First Amendment freedoms. Id., 39l U.s. at 376, 88 S.Ct. at 20 L.Ed.2d at 679. ---------------------------------- o STATE OF MINNESOTA Gabriel S. Giancolla. Attorney 3989 Central Avenue N.E. Suite 600 Minneapolis. Minn. 55421-3985 "1 DISTRICT COURT TENTH JUDICIAL DISTRICT CLERK'S NOTICE c:> COUNTY OF ANORA r L ...J r John M. &lrke. Attorney 299 Coon Rapids BouleYard Suite 101 Coon Rapids. MN 55433 "l L ...J RE: C4-89-2843 William Batson etal ys. 'llle City of Andover You are hereby notified that on 5-3-89 a Findings of Fact and Order in the above-entitled matter. (copy enclosed) was duly filed If you require a copy of this document the fee is $ for a certified copy and $ for an uncertified copy. If you request copies by mail, payment must accompany your request. Dated: 5-8-89 JANE F. MORROW Court Administrator Anoka County, Minnesota 42S-REV.IO/88(wp F~03) By NG Deputy ( o o o t PLANNING TRANSPORTATION ENGINEERING URBAN DESIGN I~' >Th -;"l ~~ ".'J~ >';\-:? 'k.it. b,'-'" ' 1""ik""~j;-" ~t~ ~~~" SAW. INC THRESHER SQUARE 700 THIRD STREET SOUTH MINNEAPOLIS. MINNESOTA 55415 PlIONE: 612f37Q-0700 FAX: 612/370-1378 April 25, 1989 Mr. Bill Ottensmann City of Coon Rapids 1313 Coon Rapids Boulevard Coon Rapids, Minnesota 55433 RE: Addendum No. 1 Maxwell Estates 2nd Addition Feasibility Study, I.P. 89-23 Dear Bill, The.feasibi1ity study for the above-referenced project was prepared and presented to the City Council on April 4. 1989. The public hearing is scheduled for February 25. 1989. Following the presentation of the feasibility study to the City Council. there has been additional discussion with City of Andover staff and one of the petitioners regarding the proposed project. As a result of this discussion. an update to the benefit areas and utility assessments has been made. This update includes extension of sanitary sewer, watermain. storm sewer and streets to service Kirby Estates located north of 133rd Avenue NW along Hummingbird Street NW within the City of Andover. An exhibit showing the proposed extension of Hummingbird Street NW and utilities to service Kirby Estates is attached to the addendum. The revised estimated costs. unit assessment rates and assessment role have also been included with this addendum. The City Council of Andover will need to consider the addendum and schedule a public hearing on the proposed improvements. A joint powers agreement will also need to be drafted for provision of services to the City of Andover by the City of Coon Rapids. Respectfully submitted, ?%;/~ Terry L. Herman, PE Associate Attachments cc: Mr. Gary JacksoD. City Manager AN AFfiLIATE OF THE GENNETT. RINGROSE, WOLSFELD, JARVIS. GARDNER. INC.. GROUP DAVID J. BENNETT DONALD W RtNGROSE RICHARD P. WQLSFELD PETER E. JARVIS LAWRENCE J. GARDNER THOMAS F. CAf'lHOI.L CRAIG A AMUNDSEN DONALD E. HUNT MARK G. SWENSON JOHN B. McNAMARA RICHARD 0 PILGRIM DALE N. BECKMANN DENNIS J. SUTLIFF JEFFREY L m NSON RALPH C. BLUM DAVID L GRAHAM MINNEAPOLIS DENVER PHOENIX TUCSON ST. PETERSBURG 1 Vl ,'- <1J E+' ::l ltl -O+' s:: Vl OJW -0 -0.- ex:.- 0 OJ Vl :;: OJ X s:: +' ltlO ro :::E:or- +' +' V') 0.,... W +'-0 -0 >, ..... ex: .0 ~ '-0 or- OC ::'::ZN Z 0 ~ U 0 -I I- u W "? 0 e:: en 0.. W ti a:: I- Z w ::E en en w en en <( I- z ::J M N I 0> exl d z I- u W "? 0 e:: 0.. "'I- exlZ ;:;:'W N:?E 0 :;;:W -0> OJO Vle:: .~ 0.. ~:?E ~- ., . 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OJ ~ I- -1 OJ .- -0 ~ ~ I- :?E VI VI ltl .~ OJ OJ 0 - ~ ltl s:: s:: .~ ex: :;: :;: l- +' .~ .~ ~ +' OJ OJ .~ ltl ltl OJ s:: OJ VI VI ltl s:: E E +' OJ +' +' ltl ~ ~ ltl -0 ltl E E .~ VI OJ OJ 3: .~ +' ~ ~ s:: +' +' Vl VI 0 0 ltl ltl ltl OJ i< +' +' VI '<T 3: 3: ..... ~ i< VI VI (f) w u z w (!) Z I- Z 0 u d5 (!) z e:: w -0 W OJ Z -0 ::l (!) .- z u W s:: Z 0> s:: 0 .~ -0 ~ ltl ~ e:: (!l I- .c (f) +' .~ Z :;: :?E OJ +' Cl ltl ~ ~ :::!! -0 .~ 0 ex: lO r<) OJ +' ltl (f) +' W VI Cl E ::> ::::l -I E .~ U x Z ltl ::::: * i< i< (f) w I- o z o -------------------------------------------------------------------------------------------------- " " CITY OF COON RAPIDS ASSESSMENT WORKSHEET " " " " " " " " ., ., 89-23 MAXWEll ESTATES 2nd ADDITION " " " " -------------------------------------------------------------------------------------------------- " " " " ----------------------------- " ., PROJECT 110-8'117 " " " SUMMARY " WATER " SANITARY " STREET " STORK " TOTAL " " " " " " " " " " " " " " " " " " " " " " " PIN : PARCEL: : ORlGINAl " ORIGINAL " ORIGINAL " ORIGINAL " TOTAL " " " " " " " " NUM8ER :SUFFlX: : AMOUNT " AMOUNT " AMOUNT " AMOUNT ::ORI6 AMOUNT:: " " " " ::______________________:______: :-----------l :___________: ~-----------: :___________1 ;-----------:: ::IIA!WEll ESTATES 2ND " b8a30.8 :: 88233.28 : t 97879.41 " 42234.2b : 297177.75 :: " " ::MAXWElL ESTATES " o " 0 " o " 5441. 39 5441. 39 :: " " " " ::SHARONS 1ST ADD.: " I) :: ^ " o " 490b.17 4'106.17 :: " . " " ::SHEN. OAKS 17th ADD " o " I) :; o " mn.04 31392.04 :: " " " : :OAKS 17th OUTLOT A " 27431.5 I: 28b92.8 :: 18241.1 " I29bUb Sl334.1b : t " " ::OAKS 17th BLK 1 lOT 21: " I) It o " o " llbb5.03.: 11665.03 : I " . " " " : 13-31-24-11-50 " o " o " o " 2041.79 :: 2b41.79 :: " " " ., : : ANOKA COUNTY " ^ " I) :: 0 " 12219.31 " 1221'1.31 " " . " " " " ::CITY OF ANDOVER " o " o " b0710.25 : I 41509.8 :: 102220.05 : I " " " : :KIRBY ESTATES " 15462 :: 22571.2 " 12930.4 " 1054b.5b I: 61510.16 :: " " " " " TOTAL 111724.30 13'14'17 .28 1897b1.16 175525.71 bmOa.45 :: 3,R.N., INC. o ;--~----------------------------------------------------------~~~~-;;-~;~~-;.~;~~~-------~;~;;~~;~~-~;;.;,;~;;;---~~ , " , " " " " " :g9-23 XAXMELL ESTATES 2nd ADDITION " " ----------------------------- PROJECT t Ib-8m PROJECT NAIIE " " i --------- 1-----------------------------------------------------------------------------------------------------------.-------- WATER MATER I: MATER MATER WATER WATER WATER WATER WATER WATER WATER MATER " " " " - " " PIN : PARCEll : ACRE RATE T.5.& S. FR.FT. RATE LATERAL :SER'J. RATE SERVICE , ORlmAL " , " NUIIBER : SUFFIX:: UNITS CODE AIIOUNT UNITS CODE AIIOUllT , EACH CODE AIIOUNT AXOUllT " , " :______________________1______;:______________________-;--------- _______________:_____________________;___________i: :IIAXWELL ESTATES 2ND , " 5.2b 4 Bb79.00 , 2204 , 50581. 80 , 22 , 9570.00 , b8830.80 :: , " , " , I , :lImELL ESTATES , " 0 0.00 : 0 1).00 , 0 0.00 , 0.00 " I " , , " : SHARONS 1ST ADD, " 0 0.00 , 0 0.00 , 0 0.00 , 0.00 " " , , . " : SHEIL OAKS 11th ADD " 0 0.00 . 0 0.00 : 0 0.00 , 0.00 " " , " :OAKS 17th OUTLOT A " 3.2b 538b.00 190 5 18130.50 , 9 7 3915.00 , 27431.50 " " I , " :OAKS 11th BLK 1 LOT 21: " 0 0.00 0 0.00 , 0 0,00 . 0.00 " " , , " :3-31-24-11-50 " 0 0.00 0 0.00 , 0) 0,00 , 0.00 :: " . , :ANOKI\ COUNTY " 0 0,00 0 0.00 , 0 0.00 , 0.00 :: " , , : C lTY OF ANDOVER " 0 0.00 0 0.00 : 0 0.00 0.00 :: " KIRBY ESTATES " 0 0.00 5bO 5 12852.00 b 7 . 2bl0,00 154b2,00 " " " : TOTAL 8.52424 140b4.9n9 3554 8mu 37 Ib095 111124.3 o B.R,~" INC, . . ... --- -----------... --... -- ----.. .' .----------- ---- ------- ----- -------- -- ---... -------...... --- -------- --- .,. , cm OF COON RAPIDS " " " " " " " " " " " "0 89-23 XmEll ESTATES 2nd ADDITION " " " " ---------- ------------------ .. " " " PROJECT 116-8917 .. ., .. ----------------------------------------- ----------------------------------------------------- :: SANITARY SANITARY SANITARY SANITARY SANITARY SAN ITARY SANITARY .. " " .. .. " " PIN :PARCEU: FR.FT. RATE LATERAL , SERV RATE SERVICE : ORIGINAL .. " , .. " NUMBER :SUFFlX: I UNITS CODE AMOUNT : EACH CODE AMOUNT , AlIOUNT .. " , .. : :----------------------1------: :-------- ---------------:-----------------------:-----------:: : 11lAXNELL ESTATES 2ND " 2204 80049.28 : 22 2 8184.00 : 88233.28 :: " ::MAXWELL ESTATES " 0 0.00 : 0 0.00 : 0.00 :: " :: SHARONS 1ST ;IDD. " 0 0.00 : 0 0.00 : 0.00 :: " I :SHEN. UH~~ 17th nUU " 0 0.00 : 0 0.00 : 0.00 :: " ::OAKS 17th OUTLOT A " no 28692.80 : 9 0.00 : 28692.80 :: " I:OAKS 17th BLK 1 LOT 21: " 0 0.00 I 0 0.00 : 0.00 I: " : :3-31-24-11-50 " 0 0.00 : 0 0.00 : 0.00 :: " : : ANOKA COUNTY " 0 0.00 : 0 0.00 : 0.00 :: " : :CITY OF ANDOVER " 0 0.00 I 0 0.00 I 0.00 :: " : :K!RBY ESTATES " 560 20339.20 : 6 2 2232.00 : 22571.20 .. " " TOTAL 3554 129081.28 37 10416 137497.28 o 3,R.W., INC. " " CITY OF COON RAPiDS ASSESS~ENT ~ORKSHEET " " " " " ,,' -. '> 8', -~Sf' MAXWEll ESTATES 2nd ADDITION " " " " ,; ;. " " " " :: PROJECT 116-8917 :: -~----------------------------------- ----------------------------------------------------- :: STREET STREET STREET STREET STREET STREET STREET:: " " " " " " PIN NUMBER :PARCEl:I FR.FT. RATE RESID. : Fk.FT. RATE STATE AID: ORIGINAL :: :SUFFIX:: UNITS CODE AMOUNT : UNITS CODE AMOUNT : AMOUNT :: ., " : :----------------------:-_____1 ;________ ---------------1-----------------------:-----------': ::IIAINEll ESTATES 2ND ::IIAINEll ESTATES :i SHARONS 1ST ADO~ ::SHEN. OAKS 17th ADD ::OAKS 17th OUTLOT A liOAKS 17th elK 1 LOT 21: ::3-31-24-11-50 ::ANOY.!l COUNTY ::CITY OF ANDOVER ::Y.IRBY ESTATES 2104 8 o o o 790 8 o o o o 560 8. 48581. 36 : 1327 9 49298.05 : 97879.41 0.00 I 0 0.00 : 0.00 0.00 : 0 0.00 : 0.00 0.00 0 0.00 : 0.00 18241.10 0 0.00 : 18241.10 0.00 0 0.00 I 0.00 0.00 0 0.00 : 0.00 ,: 0.00 0 0.00 I 0.00 :: 0.00 1327 O.S 60710.25 : 60710.25 :: 12930.40 0 0.00 : 12930.40 :1 79752.86 2654 110008.3 189761.16 .. " .. .. TOTAL 3454 cr" INC. . .; - -- --- ------ -- ------------ . ....'-------- ------- ---------- -- - ------ -- -- - -- - ----- ---- --- -- - -- - -- - -- - -- '0 , " ., ::0 ., '0 CITY OF COON RAPIDS ASSESSMENT WORKSHEET " " " " " " " " " '0 " " 89-23 MAXWELL ESTATES 2nd ADDITION " " " '0 PROJECT 1lb-8917 ------------------------------------------------------------------------------------------------------------------ , STORl! STORlI STORl! STOR" STORlI STORl! STORl! STOR" STORl! STOR" STORlI :: ., " " " '0 " PIN : PARCEll I WT. RATE TRUNK 0 WT. RATE LATERAL 0 WT. RATE LAT./TRUNK: ORIGINAL " ., 0 0 " " NU1I8ER : SUFFIX: : ACRES CODE AlIOUNT : ACRES CODE AlIOUNT :ACRES CODE AlIOUNT , AlIOUlH " .0 , " l :--------------------- ;______:;__~____________________~---------------------:---------------------1-----------: I i ::lIAXWELL ESTATES 2ND " 12.31 11 12103.07 I &.39 12 15&40.80 , 5.91 I' 14490.38 , 42234.2& 0 " , I ." , I : : MAXWELL ESTATES " 1. 586 11 1559.34 : 1. 586 12 3882.05 , 0 0.00 0 5441.39 I " . , I :: SHARONS 1ST ADD. " 1.43 11 1405.9b , 1.43 12 3500.21 0 0 0,00 , 490&.17 , " . , , , ::SHEN. OAKS 17th ADD .. 9.15 11 89%.19 0 9.15 12 22396.45 , 0 0.00 : 31392 .64 , .. 0 . 0 : : OAKS 17th OUTLOT A .. 3.78 11 371&.4& , 3.79 12 9252.31 , Q 0.00 , 129&8.7b , .. 0 , , , ::OAKS 17th SLK 1 LOT 21: .. 6.9 11 3342.85 ; &.8 12 9322.18 , 0 0,00 0 11665.03 :, .. , , : :3-31-24-11-50 " 0.77 11' 157.0& 0 0.77 12 1884.73" : . Q 0.00.: 2641.79 .. " , " : : ANOKA cOUlm .. 4.86 11 4778.30 o. 0 12 0.00' : 3.04 13 7441.01 , 12219.31 " .. , 0 " ::CITY OF ANDOVER " 29 11 29512.51 , 0 12 0.00 I 5.31 I' 12997,29 , 41509.80 :: " I , ." 0 : iKIR8Y ESTATES " 3.074 11 3022.33 , 0 12 0.00 :3.074 I' 7524.23 , 10546.5& " " 0 ." , " TOTAL 09.30 &8194.Q584 26.51 64878.74 17.34 42452.91 mm.71 8,P.,~" HlC. o - .' ~I.~ ._.L ESTATES 2ND ADDITION RATE TABLE 4111/89 FEASIBILITY ------------------------- 0 ITEK UNITS CODE I RATE ----------------------------------- ------- --------- NOT USED 0 ACTUAL ESTIMATED STATE AID STREET FR.FT. 0.5 45.750 SANITARY SEWER LATERAL FR .FT. 1 36.320 4' SANITARY SEWER SERVICE EACH 2 372. 000 SAN ITARY SEWER SUB TRUNK ACRE 3 0.000 WATERKAIN TRUNK SOURCE AND STORAGE ACRE 4 mo.ooo MATERHAIN LATERAL FR . FT. 5 22.950 MATERHAIN LATERAL OFF TRUNK FR. FT. b 0.000 1. WATERKAIN SERVICE EACH 7 435.000 RESIDENTIAL STREET FR . FT. 8 23.090 STATE AID STREET (RESIDENTIAL) FR.FT. 9 37.150 STATE AID STREET (COHHERCIAL) FR.FT. 10 0.000 STORK SEWER TRUNK WT.AC. 11 983.190 STORK SEWER LATERAL WT.AC. 12 2447.700 STORK SEWER LATERAL OFF TRUNK WT.AC. I~ 2447.700 .~ ",R.W., INC. o . ... 3 3 o 2 2 . 3: z OUTLOT A 1 1 133RD AVE. NW. . c > ..J m . . . . : '.:1:: . ..;,:. ; ":~.~ 1 z o UJ Z <C ::J: ':'6 J..EGEND ................. EXISTING SANITARY SEWER PROPOSED SANITARY SEWER ................. EXISTING W A TERMAIN PROPOSED WATERMAIN EXISTING STREET PROPOSED STREl:T KIRBY ESTATES ffi nor th 0 100 200 o ffil&IA\' PlANNING TRANSPORTATION ENGINEERING URBAN DESIGN ADDENDUM NO.1 TO MAXWELL ESTATES 2ND ADD. IMPROVEMENT PROJECT 89-23 BFlW.1NC. THRESHER SCUARE. 700 TlfRO STREET SOUTH, MNEAPOUS. MN 55415 APRIL, 1989 16-8917 ~ o minnesota department of health f'JC. (. l) ,. t " I t/6 ;fc; F5 re-s 717 s.e. del aware sl. mlnneapolls 55440 Yh4, p.o. box 9441 (612) 623.5000 May 12, 1989 The Honorable Jim Elling Mayor, City of Andover City Ha 11 1685 Crosstown Boulevard, N.W. Andover, Minnesota 55304 Dear Mayor Elling: In response to your May 2, 1989 letter, the Minnesota Department of Health (MDH) has adopted a policy of enforcing violations of the radium maximum con- taminant level (MCL) in community water supplies consistent with the approach used by the. Wisconsin Department of Natural Resources and supported by the u.s. Environmental Protection Agency, Region 5. Briefly, the policy is: 1) systems with combined radium greater than 10 picoCuriesper liter (pCi/l) must address and resolve their high radium levels in a timely manner; 2) systems having either radium 226 or radium 228 greater than 5 pCi/l (but combined radium less than 10 pCi/l) must complete engineering studies but do not have to initiate major construction until the revised radium MCLs are adopted; and 3) the remaining systems with combined radium above 5 pCi/l are encouraged, but not required, to complete engineering studies. Looking at your radium problem on a well-by-well basis, the combined radium levels in Wells Nos. 1 and 2 have been consistently above 10 pCi/l. This places Wells Nos. 1 and 2 in policy category 1 which requires resolution of the high radium levels in a timely manner. Well No. 3 has had one analysis completed for radium and the results indicated levels of radium 226 at 1.5 pCi/l and radium 228 at 4.7 pCi/l. Based on this single radium analysis, Well No.3 would fall into policy category 3. However, the MDH is in the process of monitoring radium levels in Well No.3 on a quarterly basis during 1989. This should give us better data on the radium levels in Well No.3 over time. With this additional data we can then make a determination on whether Well No.3 will meet the 5 pCi/l for each of radium 226 and radium 228 or whether treatment or some other remedial measure will be required for Well No.3. I hope this clarifies our policy concerning your City's obligations in remedi- ating the radium levels in your water system. If you have any questions, please contact Richard Clark of my staff at 612/623-5227. Sincerely yours, ft~~ Commissioner of Health SMMA:RDC:ter an equal opportunity employer .=~. . ... '- 'I;. DRIVER ANO VEHICLE SERVICES DIVISION MOTOR VEHICLE OFFICE TRANSPORTATION BUILDING 812 -296 -6911 ~ 73: Jes c Ie.- 6/1 hie. o May 24, 1989 STATE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY SAIN PAUL 55155 ?<-J: ~J~30 Yt Y OO.Y ti pJ)/r Sheriff Kenneth Wilkinson Sheriff's Department 325 East Main St. Anoka, MN 55303 Re: Andover Auto and Truck Parts Dear Sheriff Kenneth Wilkinson: This letter concerns Andover Auto and Truck Parts of 13526 Kay St. Andover, MN 55303. As you know, the Department of Public Safety is the state agency in charge of motor vehicle dealer licensing. In 1988, the Minnesota legislature amended Minnesota Statutes, section 168.27 to require that scrap metal processors and used vehicle parts dealers get motor vehicle dealer licenses. A copy of the pertinent portion of section 168.27 is enclosed. Recently, the Department of Public Safety has received information that Andover Auto and Truck Parts has been operating a scrap metal processor or used vehicle parts business. According to our records, we have not issued a motor vehicle dealer license to anyone with the name Andover Auto and Truck Parts or at the address 13526 Kay St. Andover, MN 55303. I n a 1 etter dated r~arch 21, 1989, the Department of Pub 1 i c Safety notifi ed Andover Auto and Truck Parts that scrap metal processors and used vehicle parts dealers must be li- censed and that Andover Auto and Truck Parts must either obtain a license or give the De- partment of Public Safety reasons why no license was needed. We asked Andover Auto and Truck Parts to respond by May 1, 1989. To date, we have received no response. We are sending you this letter to request that you investigate to determine whether Andover Auto and Truck Parts is operating as an unlicensed scrap metal processor or used vehicle parts dealer. If your investigation shows that Andover Auto and Truck Parts does in fact need a license and has not obtained one, please refer the matter to the appropri- ate city or county attorney for prosecution. If you have any questions regarding this matter, do not hesitate to contact me. Please keep us informed of the results of your investigation. Sincerely, Q %~-~M : Vicki Albu{'-1- Dealers Unit 0' AN EQUAL OPPORTUNITY EMPLOYER ...... ..... o !"'-I.::~r 'j-:. h .;.......{ '" I o:~'n',i j:;rldt:..rVC,'I" .-.:,. ~t-;..::; f: ;'.0\.1 t ~:. .1. .::!; ~t ',? (':J \ J .:J. \,' :~:: t 1" ~:.~ t'~ 't: ;...r:. :=:',':l J "/~F)I~::.: I-~:. n {'lllc!CI'.,"I<:.t Hf.1 I ~ ~. *':.1 1 .:. f ~ f' l.:." ;".:: (.:..~., L'!.:."~\ I' ::; 1.1" ~;:; :: '1',.) c~umpl\' :.4i.+..I'j .:;', Ii-liP e'i";;:t:I.::t'ivc.' d":;;r~q,-~t.,! 1.: ..i'jl.~t~/:. 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J:i.cf'!n.,;-.e ~)nd r"~:.~ h,tt'n th~:::, :i'.pp],'j r:(~':\. t turi i::lIJp11, (::"';~ I' j.()fl 'f(:r "'.'..)Ltr" U':;;'..::'_r ~~.It th "'.:,i'i,;':' r l::.,r.ll..t,I.I'H{.::(:1 .tt:':(::'~.. r:;'lf:"~,;\:i::.P .:.. \: 'iil p l. ".~ 'I:.f::' {-f' VOl.!. l:i:j '.:! n(j"t, t t:':.~qU.:i.l-i~'!d "f. f., Ubt.i::\.i.I'i ~';i J.jCf:'rl~',,,,:' UnC11.:?r I:h:t.~'. l:~t""! rJJ;'::."":I.:~.f:~ ,"'et.UrTI ..~:t. ,,"Jr.i.tl:~~~n :;t~':Jt.~':~litt~'''lt. SiD th...:,t. tll,i.7.!; 'r"l,'~~ Ii\\:\\" t:ll",~ ("II'''~11;:d. Jf 1.'1.... 1:;1'."-1.'"':' O"'-'C,.t']O(J~(L'c.i Llh:,' 'i':t~:~' l.hl':..t ....~.H..\ l..H"C:' .::..~J.r.....~di.,. l.J..t.:L";'I".~\..'d Ufif.ll'l .i:1nothL.t !I..hi"jl..... p 1 G,.,.~,~.;[.r~ pr..(,...... ick.~ >/CH.U". ,[ ice::I.l ,iH~ rp_.\fnb~~r";. ~: ':'.1. 1. t.{l'''~'~~ 'b,) SUbHli 1 yOt.lf' !.~H"'.i.. -l.. t.~ 'I., ....(!~r:;,::!n M,' c,r. v..:our. ~\r.'pl i.:.:",I;jon wi th:i.n :::;:\) day!;; of th/.'! d~d;€1 of this lr"tter wi 11 1"l;:'~~~;.u.1 t. i!1 r"{.:~f(:!J'''''''i;:,.l u'r YOttl.~ C.~':t:.:"C: II.) 1 en. ...,1 Id....'J ~:_'n'f():'''f::C~f1H::~n t ,,'uLhcir-.j l::lC':o-,. I',; \!OU 1"lt~.'(:'.;'I:j i~'(~~,':::::,J~~.t.i)f'lC:.I\ t".'l~}ql:~ll'''d.i..li'.] 1.1.,':,..flr;,JI.,.'1 i:;':- Illrjt.i.ll' ':L~J'I,icl,~} (il:.:'ii.\I"I'.'-':~:.:. i,lh::l,.u:/i.rj'.l P,,'Y!o:l 'j(Al.i.cJ.c, p,.\r\:.,;; tk..,e,I'..r. ."'."".1 ,,'.<r'...'p 1/..,1......,] pr.nCF..",...:.i..'..".." plE::~;:-\~:!.t! "I:E~€:.'J. 'ft-c'.'I';.'! l-.\:.-, CI~)rlt;:?l:t: t:l'-Ij,~:~ I,:::'~'l:j.l'~.., '::.l.t; (CiJ::~) :~~'7t....,_.::.~.t'7/~ O~3 \ r'c,,,r..fi':I y', \ k~..jl)\;c. r:r':~.~t;l I. ,;:: I;' 1.)';" t hll: l.~lH , {" ~ r ll"'\ .0 /':~;!i" .'~i~~ ;;,::~ ~; CITY of ANDOVER Regular C1ty Council Meeting - June 6, 1989 7:30 P.M. Call To Order Resident Forum Agenda Approval Approval of Minutes Discussion Items 1. Crooked Lake Playground Equipment Request 2. North Lexington Landscaping Special Use Permit 3. Wendt Special Use Permit 4. Campbell Companies Special Use Permit 5. Olesen Addition Final Plat 6. Variance/Raintree Realty 7. Kirby Estates Ponding Discussion 8. Duerr Property Discussion 9. Ordinance 10 Amendment 10. CDBG Discussion 11. Staff, Committee, Commission 12. Accept Resignation/J. Flamo 13. Approve Kennel License/Prior 14. Extend Leave of Absence/W. Patchen 15. Approve House Burn Agreement 16. Appoint LRT Committee Members 17. Turf Establishment 18. Schedule Work Sessions Non-Discussion Items 19. Receive Petition/173rd & Navajo, Cont. 20. Receive Petition/Hidden Creek East 2nd Addn. 21. Award Bid/89-1 and 89-2/Ward Lake Dr./Tulip st. 22. MSA Resolution/Signals 23. Approve Hiring Public Works Employee 24. Declare Costs/Order Hearing/86-21/133rd Avenue 25. CCWD Board Appointee Recommendation Approval of Claims Adjournment o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE June 6, 1989 BY: v. Volk b.~' FOR AGENDA SECTION NO. ORIGINATING DEPARTMENT Admin. ITEM NO. Approval of Minutes The Ci ty Council is requested to approve the following minutes: May 16, 1989 Regular Meeting May 18, 1989 Special Meeting May 18, 1989 Special Closed Meeting MOTION BY TO COUNCIL ACTION SECOND BY o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE June 1, 1989 AGENDA SECTION NO. ORIGINATING DEPARTMENT Discussion Items ITEM NO. Equipment Request 1. Parks <s* BY: Todd J. Haas The City Council is requested to review and discuss with the Crooked Lake School (CLS) Parent Group the possibility of park _ playground deyelopment at Crooked Lake Elementary School in Andove r . The CLS Parent Group approached the Andover Park and Recreation Commission about developing the park - playground development (total cost of about $42,000). The group would like the Parent Group, the Anoka-Hennepin Independent School District No. 11 and the City of Andover to participate by a Joint Powers Agreement for the cost of the development. The cost would be split three ways, each paying about $14,000. The Parent Group and the School District haye committed to contribute. Attached are letters from Dick Nybeck of Anoka-Hennepin Independent School District and Crooked Lake Elementary School District. The City Staff and Park Commission have reviewed the request. There are some concerns regarding the ball fields and hockey rink at the school. Prior to the development of the park - playground, the Commission would like assurances that the existing fields and hockey rink be constructed in a high level of quality as a playing field. The Commission has made a motion to recommend the approval of the development. The problem the Commission has is that there is no money left in the 1989 Capital Budget to use. To fund this project the funds would have to be budgeted out of the 1990 Capital Budget. COUNCIL ACTION MOTION BY TO SECOND BY o o Page Two June 6, 1989 Crooked Lake Playground Equipment Request Administrator's Comments: There aren't any funds available in the 1989 General Fund Budget. Also, I wouldn't recommend that the City spend Park Dedication Funds on this item. I recommend we try to budget for this item in 1990. Attachments: Letter from Dick Nybeck of Anoka-Hennepin School District. Letter from Crooked Lake School. Diagram for park - playground deyelopment. Diagram for overall playing area. Quote for park - playground equipment. Sample Joint Powers Agreement. Minutes from the Andover Park and Recreation Commission Meeting. Cost estimate for Sand Creek Elementary Park (example). Jlnoka-!Xennepin !Independent School g)ishict Jlo. 11 SCHOOL BOARD Larry Ragland, Chairman Susan Anderson, Vice Chairman Jon Stonecash, Treasurer Betty Hardie, Clerk Michael Sullivan, Director Denis Kelly, Director Dr. Lewis Finch, Superintendent EDUCATIONAL SERVICE CENTER 11299 Hanson Boulevard N.W. . Coon Rapids, Minnesota 55433 612/422-5500 April 28, 1989 Andover Park and Recreation Department 1685 Crosstown Boulevard NW Andover, MN 55303 Dear Park-Recreation Department: Over the past weeks considerable discussion has been held on the park-playground development at Crooked Lake Elementary School in Andover. This letter is to verify that the Anoka-Hennepin School District is willing to enter into a joint powers agreement with the City of Andover. The estimated cost of the improvements is $42,000. The cost would be shared by the Crooked Lake Advisory Council ($14,000), the City of Andover ($14,000), and the Anoka-Hennepin School District ($14,000). A copy of a joint powers agreement currently in effect with the City of Coon Rapids is attached for your reviewal. This could be used as a guideline in developing a joint powers agreement between the City of Andover and the School District. If you have any questions or comments, feel free to call me at 422-5525. Thanks much. ;P:;j Richard D. NY~ Operations/Facilities Director RDN: dp enclosure o "Every Student Will Learn" Crooked Lake Elementary School o 2939 Bunker Lake Boulevard NW Andover. MN 55304 1-612-422-5780 Wallace Johnson. Principal 5/30/89 TO: Members of the Andover City Council and Andover Park Board FROM: Wally JohnsoY-l, Priy-,cipal of Crooked Lake School RE: CLS Playground Project including Ball Fields and Hockey Rink 1. Don assured July 4, quality Christiansen, Supervisor of Dist. 11 Ground Crew, has me the ball fields will be improved around the week of 1989. Agrilime will be added and graded to make a infield on both diamonds. I have asked that attention be given to the grass outfields so that holes and dips be filled in and that the grass be mowed f~~gY~ntlY to maintain a high level of quality. 2. As per the hockey rink, the CLS Parent Group has expressed an interest in holding a fund raiser, the proceeds of which could be used for a boarded rink. We need to keep in mind the flexible use of the hockey rink area. Spring, summer, fall use the area for soccer and winter use the area for hockey. ~. JQint EQ~~~a ~Y~~~m~n!. I hope all three parties - CLS Parent Group, Dist. 11 Central Office; and Andover City Council/Park Board - can work together to plan, develop, pay for, and maintain the Crooked Lake School playground and nature site to benefit the hundreds and hundreds of children and adults identifying with CLS. At this point in time, May 30, 1989, the CLS Parent Group and Dist. 11 Central Office will contribute $14, 000 g~~!:h two thirds of the est imated cost of what we hope will be the beginning phase of a cooperative project. We hope the Andover City Council will supply the final one-third of the funding in order to complete the project for use fall of 1989. 4. QYtgQQ~ n~!y~g ai!g. Hopefully all three groupS will be interested in development of the CLS nature site which borders Coon Creek to the east. A nature trail, bird watching station, identification of plants, trees, etc., are some possibilities. cc: Don Christainsen, Dist. 11 Supervisor of Grounds Crew and Sites Mary Judd, Chair of CLS Parent Group Dick Nybeck, Dist. 11 Central Office o c;lfnoka-cJlE.nnE.P.in [/ndE.p.wdwt .,schoo! r:Di~hict dVo. 11 11299 Hanson Boulevard NW . Coon Rapids. MN 55~33 Dr. LeWIS Finch. Superintendent "Every Student Will Learn" o / '~.~1/ " ~. . h - ~) '8 ",,~8 I. ~') \'1 , (' I : , .f I o /),tl;)'(>, ' ,/, ((I fAeK. ", I / '!' (tv ,Jrc.u.t1 C::J /I? !\ Y eo.. . {.:::t f= r-.....~ ~ ~ "'" ~ - ~ ":] ~ :j -C . C '-.../ (._'.. (.S) cS <; iL I I r:> s: ~ ,...... ~ ;? ~ ~ - ~ r- :? ..... cyll ~ - ;5 I? 'Vt+ . " , ^ + () \) -::;. 01- ~ $. - ~ ';:) "., c;;: ~ '"'" '-~, ~ fl ~I~~ .): .:. t- .; : "" \.~ ?I~~ I ?- .':') ,~ 3 ct,...,. ,V:J . ____~ l' t~ --c >> ~I I I I o - ~ ~ .... 3 ~~ ? ~ ~-'- ~ ....t,/\ ... 0 f~ ~ "' ~~~ ~ , S-NC,/-I , ~~ ~o:::. -~ ~ a. . '\ \J' ~~. . "l-"Z... ,~t. "}~ - h aiL;.' / , . .....;.~~f~. '.. "'~ . t. , G;;j~.-'~-::~\ '_' I j--' .~. --w- --- I .'-'tt ~ ...--~-~-J ~::,/ . / --" ~ . -.-':~ ~.:;9 , I'~ f' j.",. r . .~ \... ; ...." . '..-.......... ~ '~" .'.... ..~~~ i'V ,...., I .,.'..... ~ ,.~ ~.,'/ .. '.-....J..~~ "', '( ,.) ./ <.,;-, .', \~ t ,<' ~ . . -7-' ":" f-'C-...... '--~ /' .:-S - '//' ,..- <. fIt,,-f(OJ( # J '10 ' ~ _._-~ \~4iJ ........- ~'NI< #2. W,'+J... y'a. r-r()v..nd It hoc.~':j boa. rd.s , \. t! {It" ~ SPY'I'flg - /1 (fldeor 'Sol::<~r . t-JJNTtTlf - HfJG/(e.!j ~/'tVK . , '\ V' V' _.. '" -z.~-<, <::>"/l)~o -\~~"Z... ..,,~ ",,'V ~ ~ "" ~~ ~~ <,"\ . ~ .. r " i1' ~ , oVt"r . '0' : ~ I' .~ .. . ll.'-H ~tJ.' P} IS f\ r::. .... C> C> ~10: ~ CTI ~~'O -~ ~ (,D ~""- ~ 0 c ~ ~ '> ~ 0... ~ - () v~-r- 300 ' FlVD t!QJC# -"'~~ """'p- ~3- C) ~. '~ ) ~ ~ > ~ i ~~~ I~rl ~m .., tJve~o.ll j)/A6-f'A/II rrl:.. ('I,,-y'?:) Arc?,_ . - EARL F. ANDERSEN AND ASSOC.. INC. 9806 James Circltl Bloornin~ton. MN 5t-431 Toll-Free WATS Line 1.800-862-6026 .612.884- 7300 . Pi-:!'.... and Recre2'1c-"'i:l! E:quipmenl . FItness Systems . Site FurnishinQ~ . Leisure Environments . Bleacher /S1adluTn Seating . InturiOI "Exterior SlpnaJe . TraffiC Froducts . Custom Signs and MarkIngs . Traffic Making Products . Scoreboard!': Complete consulting. design. layout and installation services. QUOTATION Date 5-1-89 Crooked Lake Elementary Anoka School District #11 Anoka, MN 55303 . Your Ref, No. Playground TERMS: Net 30 Days ex To Be Arranged 0 We are pleased to quote you the following: QUANTITY I ftO.B. Factory 0 ~hipment approx. DESCRIPTION PRICE EACH TOTAL Landscape Structures custom aluminum post Playbooster with tenderdecks (see attached plan for layout and components) $34,126.0C Installation includes all concrete, 6"xlO" redwood border and pea gravel safety surface. SUB TOTAL 34,126.00 SALES TAX - FREIGHT N/C INST ALLA TION 7,827.00 TOTAL $41,953.00 Destination !'9 WE ARE AN EQUAL EMPLOYMENT OPPORTUNITY EMPLOYER 30 days after receipt of order. -'7 " ,7 / / -. ,/ ./ .::-.....(~(.'l ~.........,.A/ Mike (Dor~ey , NOTE: This quotation valid for 30 days. Please write for confirmation after that date. By " .' / / / o JOINT POWERS AGREEMENT SORTEBERG ELEMENTARY SCHOOL PLAYGROUND DEVELOPMENT THIS AGREEMENT made and entered into as of the ~ day of June, 1986, by and between the City of Coon Rapids, a Municipal Corporation, herein- after referred to as "City", and Anoka-Hennepi n I ndependent Schoo 1 Di stri ct No. 11, hereinafter referred to as "School Distritt". WITNESSETH: WHEREAS, the parties have previously determined that a sound educa- tional, recreational and park system for its citizens requires the joint efforts of both parties so as to provide the highest quality system at the lowest cost possible to the citizens; and, WHEREAS, to implement thi s deci sion, the parties have previously entered into agreements for the joint construction and operation of facilities and programs; and, WHEREAS, the City of Coon Rapids has approved a grant application for improvements to the Sorteberg Elementary School playground; and, WHEREAS, the parties desire to share in the funding of the construc- tion and maintenance of the proposed improvements; and, WHEREAS, Minnesota Statutes Section 471.59 permits the parties hereto to enter into a Joi nt Powers Agreement to plan, bu il d and ma i ntai n the pro- posed improvements. NOW, THEREFORE, pursuant to the authority granted by Minnesota Statutes Section 471.59 the parties do agree as follows: 1. PURPOSE. The purpose of this agreement is to enable the City and the School District, through their joint and cooperative effort to expand the recreational, park and educational facilities available to the parties through o the joint financing, construction, maintenance and supervision of playground facilities at the Sorteberg Elementary School located in the City. j o o 2. SCOPE OF PROJECT. The project shall include the construction of a playground at the south end of the school. 3. CONSTRUCTION PLANS AND SPECIFICATIONS. Plans and specifications shall be prepared by the City of Coon Rapids and shall be approved by the City and the School District prior to construction. 4. PROJECT FUNDING. The estimated cost of the project is $41,000. Funds are ava 11 ab 1 e from the Sorteberg Home and Schoo 1 Associ at i on in the amount of $4,500. The remaining costs of $36,500 shall be shared by the City and School District with the School District contributing $16,000 thereof and the City $20,500. Change orders or additional costs must be approved in advance by both parties. 5. IT IS SPECIFICALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES THAT THE ACTUAL DIVISION OF THE COSTS BETWEEN THE CITY AND THE SCHOOL DISTRICT SHALL BE BASED UPON ACTUAL CONSTRUCTION COSTS. 6. CONTRACTING AGENCY. The City shall act as the contracting agency for purposes of constructing the projects. Contracts shall be awarded on the basis of competitive bids in accordance with applicable state statutes. 7. ACCOUNTING. The City shall account to each contri buti ng party for the funds spent on the project. All contributing parties shall transfer their monies to the City upon the award of a contract or commencement of the proj ect by force account. I n the event of .excess costs, City shall be 1 i ab 1 e for such costs, although they may negotiate with other contributors for more monies. If funds remain from the project, it shall be apportioned to the par- ties hereto on a pro-rata basis. 8. OWNERSHIP. Real, personal or mixed property may be acquired jointly or individually by the parties. When such property is acquired jointly, it shall be owned by the parties in undivided interests proportional -2- o to the funds provi ded by each for its acqui sit ion. When such property is acquired by an individual party, it shall be owned wholly by such party. 9. SCHEDULING AND SUPERVISION. The School District shall be respon- si b 1 e for all schedul i ng duri ng schoo 1 hours. Duri ng non-school hours, sche- duling for activities outside of school buildings shall be the responsibility of the Community Services Department in coordination with the building prin- cipal. Supervision shall be the responsibility of the group or groups using the facility. In the event of a conflict in the use of a site by the City or School District, the Superintendent or his representative and the City Manager or his representative will govern its use. 10. INSURANCE. The owner of the land upon which the facilities are constructed shall provide fire and extended insurance coverage for such faci- 1 it i es, but sha 11 be reimbursed by the other party for coverage extended to jointly owned facilities as their interests may appear. Each party shall be so 1 e 1 y res pons i b 1 e for any loss, damage or injury to any person or property arising out of the use of these facilities by any person or persons under its jurisdiction or authorization; and each party shall hold the other harmless from and defend it against any claim, demand or causes of action initiated to recover the amount of any such loss, damage, or claim for which it is respon- sib 1 e. Each party shall carry at its own expense comprehens i ve 1 i abil ity insurance covering its potential liability under this Section, with personal injury limits of not less than $100,000 per person and $250,000 per occurrence, and property damage limits of $25,000 per occurrence and $50,000 aggregate. A certificate from the insurance carrier stating the limits of 1 i abi 1 ity and specifically referri ng to thi s contract and section shall be furnished by each party to the other before operation is begun. o -3- , . o 11. MAINTENANCE OF FACILITIES. Maintenance of property wholly owned by one party shall be the responsibility of that party. Each party agrees to maintain their properties used in the program in a safe, sanitary and operable condition. School District shall be responsible for the first $100 of cost of repairs to jointly owned equipment, buildings or facilities. Repair costs in excess of $100 of jointly owned equipment, building or facility provided under this agreement shall be shared on the basis of 50 percent City and 50 percent School District, subject to prior approval by both parties. Maintenance to be done by the School District: City sharing in repair costs as indicated in Paragraph 11 above. 12. REVOCATION OF AGREEMENT. Thi s agreement may be termi nated by either party prior to the award of a contract for improvements provided for under this agreement. Thereafter this agreement may be terminated only by the joint agreement of both parties, which agreement shall provide for the dispo- sition of the jointly held property or any funds in connection therewith. I N WITNESS WHEREOF, the part i es hereto have executed th is agreement as of the date and year first above written. o CITY OF COON RAPIDS By, ~ !J t/:r>J Robert B. Lewis, ayor By, R~ ~~ Robert D. Thi 1e; ity Manager -4- ; I o ANOKA-HENNEPIN INDEPENDENT SCHOOL DISTRICT NO. 11 y/ -I.f) JA II By: 7Y2'~~I/ ~0j7 il-71/1 Cha;r~n /' By, (/J~ Clerk o -,,- o Park & Recreation Commission Meeting May 4, 1989 - Minutes Page 2 MOTION by Kieffer, seconded by Anderson that we look at trying to get as many trees as we can and table the fence until we go through the budget. Motion carried. Echo Hill Park Dedication Discussion Todd Haas, noted that he, Jeff Kieffer and Bill Mamlock met with Mr. Heliker on the site to determine where the park dedication could be taken. The value isn't going to be any different from one area to another. Mr. Heliker has two concerns: one is that he has a stretch of county road that is included in his gross land area and; 2) he has two lots he did not want included in the park dedication. Mr. Heliker also had his land appraised and asked if the Commission could use that appraisal to determine the park dedication. Chairman McMullen explained that an appraisal can be used; however, it has to be done by one of the parties on the city's list of appraisers. Mr. Heliker stated that Mel Allen was the appraiser. It was noted that Mr. Allen is not on the city's list. Mr. McMullen asked if Mr. Heliker could come back in two weeks so that research could be done so that we can see what has been done in the past. Mr. Heliker agreed. MOTION by Lindahl, seconded by Anderson to table Item 5 until after discussion on Item #6. Motion carried. Crooked Lake Playground Mary Judd, Parent Advisory Council, Crooked Lake School - they have proposed new playground equipment for Crooked Lake School and would like the city to participate in the cost. The school district would pay $14,000, the parents would pay $14,000 and they would like the city to pay $14,000. Mr. McMullen asked how long the prices are good for. Ms. Judd stated 30 days. She noted that they would like to do this in the summer. Mr. McMullen explained that the Park Commission doesn't have the money in the budget. Ms. Judd stated that they would go to Phase I only at this time, which would cost $23,421. Commissioner Kieffer felt that this is definitely aiding a school and we might have the Andover School come to us and ask for the same thing. o o Park & Recreation Commission Meeting May 4, 1989 - Minutes Page 3 Chairman McMullen asked if need to have $40,000 worth of playground equipment. A man in the audience stated that this will be a neighborhood park as well as a school park. Commissioner Anderson noted that we have 50 parks which need to be developed and maintained and this is not one of them. The Park Commission has to be concerned with the budget dollars. Ms. Judd also noted that the existing equipment at the site will be saved. MOTION by Mamlock, seconded by Lindahl ~that the Crooked Lake School Advisory Council go to the City Council on behalf of the Park and Recreation Commission for consideration of the purchase of playground equipment at a cast of $42,000 to be split three wasy, with the city's investment to be $14,000. Discussion: Frank stone noted that we still have been furnishing warming house attendants and ice at the school but we haven't seen the volunteers to help with the hockey. rink. Mr. stone would like to see this completed also. . Amendment to Motion by Mamlock, seconded by Lindahl that the dollars come out of the regular Park Board budget. Vote an Motion: Carried unanimously. Vote on Amendment: Carried unanimously. Mr. McMullen noted that he attended the Crooked Lake Homeowner's meeting last night and they were concerned that there will be too many boats on the lake this year. The boat landing was designed for 6 or 7 parking spaces. Mr. stone noted that the overflow parking was to be at Crooked Lake School. Discussion centered on whether we could restrict parking at the school so there aren't too many boats on the lake. Mr. Lindahl suggested that we check on who they restrict the numbers at Weaver Lake as their system seems to work well. Todd Haas will obtain a copy of the ordinance that deals with Weaver Lake and this will be discussed at the next meeting. Melanie DeLuca presented the summer program brochure and noted that she has arranged for an activity bus for the participants. MOTION py Kieffer, seconded by Anderson to reserve the City Hall fields from 8:30 a.m. until 12:30 p.m., Manday through Friday, June 29 through July 28th for community education programs. Motion carried. o December 22, 1986 Mr. Tom Bergstedt Operations/Facilities Director School District No. 11 11299 Hanson Boulevard N.W. Coon Rapids, MN 55433 RE: Revised Cost Estimates for Sand Creek School Park Dear Tom: As we discussed previously, I have developed a revised cost esti- mate for Sand Creek School Park based on the revised plan pre- sented to you on November 5, 1986. Additionally, I have presented the plan to the Park Commission who approved it pending additional discussion regarding warming house options. The new cost estimates are as follows: Trails Ballfields Basketball Court Picnic Shelter Horseshoe/Volleyball Irrigation Grading Topsoil Seed/Mulch Landscaping' BMX Course Engineering TOTAL $ 11,500 11 , 000 3,000 14,000 4,000 20,000 18,000 18,500 10,000 15,000 10,000 12,000. $147,000 This total is approximately $33,000 less than the original esti- mate primarily due to the deletion of one softball/soccer field and the skating shelter. Under the existing joint pawers agreement framework the City would have been responsible for 70% of the total ($102,900) and the School District/PTO would pay the remaining 30% ($44,100). The School District would also be responsible for maintaining the site. o 1313 COON RAPIDS BOULEVARD, COON RAPIDS, MINNESOTA 55433-5397 (612) 755-2880 Mr. Tom Bergstedt December 22, 1986 Page 2 o Recently, we have casually discussed the concept of not using the 70/30 split for all items in the development; there are items that are primarily used by the City and those that are primarily used by the School District. This concept was also discussed in 1980 when Hoover School Park was constructed, the track and parking lot being at issue in that instance. For discussion purposes, I have developed a proposal for how the project costs could be divided. The proposal is as follows: City School Trails 70% ( $ 8,050) 30% ($ 3,450) Ballfields 50% ($ 5,500) 50% ($ 5,500) Basketball Court 50% ($ 1,500) 50% ($ 1,500) Picnic Shelter 100% ($14,000) Horseshoe/Volleyball 100% ($ 4,000) Irrigation 30% ($ 6,000) 70% ($14,000) Grading 70% ($12,600) ,30% ($ 5,400) Topsoil 70% ($12,950) 30% ( $ 5,500) Seed/Mulch 70% ($ 7,000) 30% ($ 3,000) Landscaping 70% ($10,500) 30% ($ 4,500) BMX Course 100% ($10,000) Engineering 50% ($ 6,000) 50% ($ 6,000) TOTAL 67% ($98,100) 33% ($48,900) As you can see, there is really very little difference between the joint powers agreement framework and what is presented above. In future instances, however, the above approach may prove useful. Along with discussion concerning the cost breakdown for this pro- ject, we would also like to discuss the concept of defining mini- mum levels of maintenance for facilities constructed under the joint powers agreement. This discussion could range from minimum standards to who maintains what facilities. I would like to meet with you and whatever staff you feel necessary as soon as possible so that the project can be pre- sented to your Board and our City Council. I would like to begin preparing plans and specifications for the project in mid-January. Please call me at your earliest convenience regarding a date for this meeting. If you have any questions regarding this prior to the meeting, please do not hesitate to call me at 780-6420. Sincerely, o ~~ Rick Packer Senior Planner o CITY OF ANDOVER AGENDA SECTION NO. REQUEST FOR COUNCIL ACTION May 23, 1989 DATE ORIGINATING DEPARTMENT Discussion Items Engineering .{-1* BY: ITEM NO. Landscaping Special Use Permit 2. BY: Todd J. Haas The City Council is requested to review and approve the Special Use Permit to mine soil as required per Ordinance 8, Section 4.24 as requested by North Lexington Landscaping. Mr. Kuiken of North Lexington Landscaping has been creating a wildlife pond and wants to haul the excess material which will exceed the 400 cubic yards, which requires a Special Use Permit from the City. Attached is the proposed diagram of the pond showing the proposed finished elevations. The City staff has reviewed the application and their comments are as follows: a. Safety precautions be taken at the end of each working day to preyent injury to playing children, bike riders, snowmobilers, etc. b. The applicant shall provide the City of Andover with a security bond to hold the City harmless for restoration of the site as determined by the City Engineer. c. Signs to be placed on both sides of the driveway at Hanson Boulevard indicating trucks hauling. d. The applicant is requested to make reasonable use of the property without altering the topography greatly. e. Watering of the haul road to control dust during dry times. f. Hauling of material is Monday through Friday, 8:00 A.M. to 8:00 P.M. and Saturdays, 8:00 A.M. to 4:00 P.M. MOTION BY TO COUNCIL ACTION SECOND BY , o o Page Two SUP, Lexington Landscaping May 23, 1989 g. The applicant is required to restore the banks of the mined area after the area has been excavated using an approved topsoil, seed, and/or vegetation or brush to establish erosion control. h. Obtaining all necessary permits from the DNR, u.s. Army Corps of Engineers, the Watershed Organization, and any other agency which may be interested in the site. i. The applicant has indicated the area would be completed within 2 to 3 years. Staff recommends approval of the Special Use Permit. The Planning and Zoning Commission has reYiewed the application and recommends approval contingent upon receiving a letter from Koch Pipeline, Inc. Mr. Kuiken is excavating near the easement and the Planning and Zoning Commission had some concerns regarding the existing pipeline and the possible location of the 3rd pipeline. Attached is a letter sent to Koch Pipeline by staff at the request of the Planning and Zoning Commission. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. o A RESOLUTION APPROVING A SPECIAL USE PERMIT REQUESTED BY NORTH LEXINGTON LANDSCAPING TO MINE SOIL FROM THE PROPERTY DESCRIBED AS THAT PART OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 11-32-24 AS REQUIRED PER ORDINANCE 8, SECTION 4.24. WHEREAS, pursuant to published and mailed notice, the Planning and Zoning Commission has conducted a public hearing and reviewed the request of North Lexington Landscaping to mine soil; and WHEREAS, the Special Use Permit has been reviewed by the City Engineer; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Special Use Permit for North Lexington Landscaping with the following conditions: 1. Safety precautions be taken at the end of each working day to prevent injury to playing children, bike riders and snowmobilers, etc. 2. The applicant shall provide the City with a security bond to hold harmless for restoration of the site as determined by City Engineer. 3. Signs be placed on both sides of the driveway at Hanson Bouleyard indicating trucks hauling. 4. The applicant is requested to make reasonable use of the property without altering the topography greatly. 5. watering the roadway to control dust at dry times. 6. Hauling of material is Monday through Friday, 8:00 A.M. to 8:00 P.M. and Saturdays, 8:00 A.M. until 4:00 P.M. 7. The applicant is required to restore the banks of the mined area after the area has been excavated using an approved topsoil, seed, and/or vegetation or brush to establish erosion control. 8. Obtaining all necessary permits from the DNR, U.S. Army Corps of Engineers, the Watershed Organization, and any other agency which may be interested in the site. 9. Receiving a letter from Koch Pipeline, Inc. responding to concerns the City has. Adopted by the City Council of the City of Andover this day of , 19 CITY OF ANDOVER o ATTEST: James E. Elling - Mayor Victoria Volk - City Clerk 1 .. f :':;' 0 . . . : : ". . . 0 : : . . . : I I . ......" , , : : , , : , , , , , . .. . " , , " " " . 'li- I : 0 . 0 0 : : 0 : i i I I 1 _ _.J : '1 O , , , . . 0 0 I !..} H. '. '.'-7' __ ----.I 1 --1_____ . ,., , : : , ; : , , , ....~i ,. 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SPECIAL USE PERMIT REQUEST FORM Property Address NfL.., Soh .BOt.A~e.V(..l,V'J I Legal Description of property: (Fill in whichever is appropriate) " Plat Parcel Addi tion PIN KJJ - 3'2-- - -z..,y - ??:,- DoD L Lot Block (If metes and bounds, attach the Reason for Request 10 rem 0 if e.. complete legal) O/o..~/< D/r I Section of Ordinance 8 S'cC-hON ~.?'I Current zoning R..-I ~1'niJle ram,.ly ~lrix:t(). ********************************************************************** Name. of Applicant 1t(Y't~ L P;)(i'lr,~+()1\ LtLfjdJ ( G( r,' 11 j Address 'X a "r;- t-l,.~ IJIL ~ #- ) 0 13/,1111,,) /YJ"hf- S S l/..J if . Home phone ~4-~S!! /. j"U'ine" phone "')>gtj~SII.J signature ~ Date ,5-\.~-g'r ********************************************************************** property Owner (Fee Owner) f)~k' Yu-,' K~ h (If different from above) Address 7 J 13 }(h all t.l()W Qr-" 11 L /YJr)iLlt j ~ lh'(kJ J)J,'nn, ,1'S tJ t- Ilome phone 1l!!- - ~ X. If' / _ / II u, i ne" phon e J'l$ 'I- ~ l/ J signature ~~ Date .5"-,~-8~ ./-- ********************************************************************** Attach a scaled drawing of the property and structures affected showing: scale and north arrow; dimensions of the property and ~tructures; front, side and rear yard building setbacks; adjacent ~treets; and locatian and use of existing structures within 100 feet. The names and addresses of all property owners within 350 feet of the subject property must also be proYided. Filing Fee: $150.00 $10.00 Date Paid 5' )ofi; 1 , Receipt 11 '30'39'1- Application Fee: . ' ,,_.~ ~.~>> ,~ 11 ~ CITY of ANDOVER " APPLICATION FOR LAND RECLAMATION (}1ININi) OR SOIL PROCESSING Permit Fee $ /?D permit No. Receipt 1t ?,C'2,'n Date paid ~--lo-81 The undersigned hereby makes application for a permit for the excavation, removal or grading of rock, sa~d, dirt, gravel, clay and other like material within the City of Andover, agreeing to do a~l work in strict compliance with City Ordinances and hereby declares that all the facts and representations stated in this application are true and correct. Applicant IUrth l~)tJ'~fl" ~ k..Jr;cfJ..o,'hj Telephone li'l-SU. ~ Address ifJ 5 j/'jhwv..j 10 B h.,,'/1t'. m,")h. ,)S-~3~ Owner of Land D'l..J/ k'I1" V< h Telephone L%ID -dJ fJE: Address 7J1f J(r, Allw{)(\j Dr/ilL ;yJrJ IL'(,J, /II' el.J) 17//0'7. ..5..r II L The correct legal description of the premises where: f) It ,I -rn--OOOI . PIN 1t_b__l.r~L.-l.'1""-~he removal or excavation of rock, sand, dirt, gravel, clay or other like materials shall or does occur, or PIN it 9\/.11 the storage or disposition of rock, sand, dirt, gravel, clay ar other like materials shall or does occur, or PIN 1t 5Arv\P- grading of'rock, sand, dirt, gravel, clay or other like materials shall or does occur. Estimated time schedule of intermedi~te operations of the removal, storage or excavation ' A$ .5coN OS .po:;sihle Estimated date of completion of the above operation i!. +0 ;> yeo.'fS statement Complete list of highways, streets or other public ways within the city upon and along which the materials excavated or removed SiEi11 be t,snspo,ted L :4.'1.~~ (~~ ~~~!r v",,,,d--t d_,f-!l ~+~. ts.~ ~t"' .a ~"'IIe.j"d~~ o o Persons responsiblevfor actual operation of the 0((./<' ~tJ...,.Jlc h. ~,." ~O!illUtOI1 Equipment J-Of1r!~ r .j]" 1,..t6 ~... '" site Type of Map or plat showing the following five (5) items (may be on same map) : 1. The existing land elevations and water table elevations based on sea level readings. v2. The proposed pit or excavation to be made showing the confines or limits thereof tagether with the proposed finished elevations (side slopes not to exceed 4,:1) based on sea level readings. /3. Present zoning and.land use (parcel and within 350' of affected property). /4. Proposed zaning and land use (if change is desired). /5. Scale to the nearest .10 feet, north arrow, and existing street names. Surety or Security Bond, in such form and sum as set by Council Resolution, running ta the City, conditioned to pay the City the cost and expense of: a. Repairing any highways, streets, or other public ways within the City made necessary. by the special burden resulting from hauling and transporting thereon by the applicant, the amount of such cost to be determined by the City Council; and conditioned further to save the City free and harmless from any and all suits or claims for damages resulting from the negligent excavation, removal or storage of rock, sand, dirt, gravel, clay or other like material within the City. b. Renovating the site to an approved land use in the event of revocation of said permit by either party. Applicant is required to furnish certificates of insurance to the city in the amounts of at least $100,000.00 bodily injury liability per person; $300,000.00 per person for injuries or death arising from anyone occurrence; and $50,000.00 property damage liability for anyone occurrence. Such insurance shall include a ten (10) day notice of cancellation or non-renewal of insurance and such notice shall be provided to the City upon its issuance. Describe precautions to be t;,I'"" t (j t:'vc>'; t1 rre<ll-ing nuisances or o hazards to public heal th and ~.a.f-eiy. o o . i ~ Applicant shall post at said site a copy and a copy of the Resolution of the City r ~ r' o o DEPARTMENTAL COMMENTS PLANNING " Present Zoning Proposed Zoning Present Land Use Proposed Land Use Ultimate Land Use Recommendations to Planning Commission ENGINEERING Drainage Water table Haul Roads Street Load Restrictions Bridge Crossings ~ Mining Procedures and Equipment Dust Control Restoration Location of Utilities .. .' .' How the Proposed Contours Relate to the Proposed Land Use, S~reets Grades, Utility Grades, etC. Recommendations to City Council ...~~. , '4 ;",",' . . . R' '''~'''". "~' .....' ..,. . \ . , , ~ r' -.'--'- .._~. .-- ..-.."., I P ~ 91- . o o APPROVALS Comments & Restrictions of the Planning Commission: .' Approval of Planning Commission Chairman Comments & Restrictions of the City Council: Approval of the City Council Mayor . : .' ,.:,'. ," . . \-\ : };:.~: . ",.:." 0":" 5 .1.:.'l.......~I~r.:' o CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 CITY OF ANDOVER COUNTY OF ANORA STATE OF MINNESOTA " NOTICE OF PUBLIC HEARING The City of Andover Planning and Zoning Cammission will hold a public hearing at 7:30 P.M., Tuesday, May 23, 1989 at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, MN to consider the request of North Lexington Landscaping for a Special Use Permit to mine dirt from the property described as that part of the Southwest 1/4 of the Southwest 1/4 of Section 11" Township 32, Range 24, Anoka County, Minnesota. All opponents and proponents of said special use permit will be heard at the above time and location. j&~~ VJ.ctoria Vo - City Clerk o Jeffrey Bergerson 16A2Z~anson Blvd Andaver, MN 55304 Dorothy Assness 16425 Hanson Blvd Andover, MN 55304 DoDd Osman 1781 '167th Ave Andover, MN 55304 Orville Aasness 1565 161st Ave Andover, MN 55304 " o H'~,~ - Nu~"~"'7.to'" J....w~ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 May 26, 1989 Jay Reinhardt Koch Pipeline, Inc. P.O. Box 67 Cottage Grove, MN 55016 Re: North Lexington Landscaping Proposed Mining Operation Legal Description: SW~ of the SW~ of Section 11, Township 32, Range 24 Dear Mr. Reinhardt: Enclosed please find the diagram indicating the proposed area to be mined which is very near to the Koch pipeline easement located ori North Lexington Landscaping property. The City is concerned and would like your firm to respond, if at all possible, to the following questions: 1. Would your firm hold the City of Andover and North Lexington Landscaping responsible for any damage even though the proposed mining is outside the existing easement? 2. What is the negative impact of the security of pipeline? 3. If there are plans for a third pipeline, where would the pipeline be placed within the existing easement? Will additional easement from the property owners be necessary? o o o Page Two May 26, 1989 Jay Reinhardt 4. The understanding is the pipeline is carrying oil at a rate of 4500 barrels in each pipeline per hour. Please verify. The proposed mining permit request will receive City Council action on June 6, 1989. An immediate response from your firm is necessary. If you have any questions, feel free to contact me at 755-5100. Sincerely, CITY OF ANDOVER 14 I ~ Todd J. Haas Assistant City Engineer Enclosure cc: James E. Schrantz, City Engineer Ron Ferris, Planning and Zoning Commissioner TJH:kmt o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE June 6, 1989 ITEM NO. special Use Permit Wendt, Harold BY: Planner BY: AGENDA SECTION NO. Discussion Items ORIGINATING Planning REQUEST The Andover city Council is asked to review the Special Use Permit Application from Harold and Irene Wendt for the construction of an accessory Structure prior to the construction of a principle structure on property located at approximately 166th and Verdin street NW per Ordinance 8, Section 4.05 GENERAL REVIEW The owners have submitted a plat map of the property. The land was not subdivided and they currently own the entire area, except parcel A which is in their son's name. The Wendts received a ordinance warning letter from City Staff that their semi trailers on this property were in violation of Ordinance 8. This application is a result of the owners desire to clean up the property. The owners decided that they would like to construct a permanent storage building on the property to house miscellaneous equipment. The land is zoned R-1 and is currently vacant. The Wendts do not have any immediate plans to construct a principle structure on the property. The City has the authority to review special use permit applications based on the proposed effect on the health, safety, morals and general welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions including parking facilities on adjacent streets and land, and the effect on property values and scenic views in the surrounding area, and the effect of the proposed use on the Comprehensive Plan. 1) The Health, o t e Surroun Morals-and General Welfare of the Occu ants s. COUNCIL ACTION MOTION BY TO SECOND BY o Page 2 Wendt SUP June 6, 1989 The construction of a pole building on a rural parcel prior to the construction of a principle structure on the land would not have a significant negative impact on the health, safety, morals and general welfare of the area. Rural pole buildings are common place in the R-1 zoning district and would not alter the rural character of the neighborhood. Studies do indicate that unoccupied lands with non-residential building son them do face a higher incidence of vandalism. 2) Traffic and Par~ing Conditions The proposed used would have no significant negative effect on the traffic and parking conditions in the area. 3) Property Values and Scenic Views The proposed used would have no significant negative effect on the property values and scenic views in the area. since the rural character would be preserved this criteria is met by the proposal. 4) Effect on the City Comprehensive Plan The proposed used would have no significant negative effect on the Andover Comprehensive Plan and Development Framework. The City Council should consider this set of criteria when establishing conditions for the construction and operation of the utility buildings. City Council Options: 1. The Andover City Council may approve the Special Use Permit, as requested by Harold and Irene Wendt, for the construction of an accessory building prior to the construction of the principle structure, per Ordinance 8, Section 4.05 on property described as: o That portion of the Southwest 1/4 of the Southwest 1/4 of Section 10, Township 32, Range 24, Anoka County, Minnesota except the South 336.28 feet of the North 1002.56 feet of the West 660 feet, subjeet to easements of record, if any. The City may wish to impose conditions for the building including, but not limited to the following: A. The building will meet setback requirements of the R-1 zoning District, including thirty (30) feet from the side lot line, fifty (50) feet from the rear lot line and forty (40) feet from the front property line. o o Page 3 Wendt SUP June 6, 1989 B. The Special Use Permit will be reviewed annually to ensure compliance with City Ordinances. 2. The Andover City Council may deny the Special Use Permit, as requested by Harold and Irene Wendt, for the construction of an accessory building prior to the construction of the principle structure per Ordinance 8, Section 4.05 on property described as: That portion of the Southwest 1/4 of the Southwest 1/4 of Section 10, Township 32, Range 24, Anoka County, Minnesota except the South 336.28 feet of the North 1002.56 feet of the West 660 feet, subject to easements of record, if any. The Council finds that the proposal would have a significant negative effect on the health, safety, morals, general welfare, traffic conditions, property values, scenic views in the neighborhood and/or a negative impact on the City's Comprehensive Plan. 3. The Andover City Council may table the proposal. staff Recommendation: The City Planning Staff recommends option #1. Planning and Zoning Commission Recommendation: The Andover Planning and zoning Commission held a public hearing on May 9, 1989 and no public opposition was heard. The Commission unanimously recommended approval of the Special Use Permit requested by Harold and Irene Wendt with the conditions outlined on the enclosed Resolution. I:, W(." k~' (i) CITY of ANDOVER 1685 CROSSTOWN BLVD. N.W. ANDOVER. MINNESOTA 55304 SUP 'J SPECIAL USE PERMIT REQUEST, F,ORM . Property Address 10 C /11 and Ve~dfl? S~ Legal Description of Property: (Fill in whichever ~s appropriate) Lot Block Addi tion Plat parcel PJ;N /(:1- 32. -;;J<-I - .:;3 .- 000 'I (If metes and bounds, attach the complete legal) Reason for Request .-jt ('c.:'Yl s/ru. cl c::t. ,oi,k. , b 4~.td;n (J /::u-hr-.re- 0<. f)onclt?f<._ ~ T-TUC~-e.... . . section of Ordinance Lj."O:S- curr~nt zoning /2',1 ::::*::*:::::::::JJ;;::;;;2*~;;~,*=~~ Address /'%6-'6, ~~/ JL 71.1/' (~~~~.~ / / ./' . ~5~33 !tome phone '-ALl .2-7- 7"4> c.p Phone r:2. .7- "/ tf, ~ 7 Signature~L/l/ Date ~-c:;.s-.... <f"7 ********************************************************************** property Owner (Fee owner~~~Q____ (If different from above) Address Home Phone Business Phone Signature Date ********************************************************************** ~l Attach a scaled drawing of the property and structures affected ~ showing: scale and north arrow; dimensions of the property and structures; front, side and rear yard 'building setbacks; adjacent O:.~r~.ets; and location ,and use .of ~xist~\~g,.structures w~~:hin lO~ ,~eet., ,>: , (The names and addresses of all property owners within 350 feet of '\subject property must also be provided.,' . 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(;~~: .l~JI' ,'fi" ,;'1. ,.101, '~~l' 'l', I I I , 32','7 , ----.... ,'!~i~l'. .. ~ti t"l . ,!:..u :: .. ,.~)j '1\,' 'J :1 ,:l tJ-Ld :,G '.', CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755.5100 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The planning and Zoning Commission of the City of Andover will hold a public h.aring at 7:30 p.m., or as soon thereafter as can be heard, on Tuesday, May 9, 1989 at the Andover City Hall, 1685 Crosstown Blvd. NW, Andover, MN to hear the request of Harold Wendt for a Special Use Permit to allow the construction of an accessory structure prior to the construction of the principle structure on property described below: . . That portion of the Southwest 1/4 of the southwest 1/4 of Section 10, Township 32, Range 24, except the South 336.28 feet of the North 1002.56 feet of the West 660 feet, subject to easements of record, if any. (property Address: Approximately 165th and Nightengale street.) Written and verbal comments will be received at that time and location. ~u V~ctor~a Volk, City Clerk o cott A. Wendt 6571 verdin NW ndover, MN 55304 o ea & John & Jean illiford 347 167th Ave. NW ndover, MN 55304 obert A. Langner Jr. & .J. Langner 162 167th Ave. NW ndover, MN 55304 o Charles E. & Twila G. Hansen 16635 Verdin NW Andover, MN 55304 James Lund Const. Inc. 2554 166th Ave. NW Andover, MN 55304 Verna R. Kulenkamp 16337 Verdin NW Andover, MN 55304 Dennis Gohl & S. Murman 2347 167th Ave. NW Andover, MN 55304 David N. & Doreen A. Robideau 20323 st. Francis Blvd. st. Francis, MN 55070 Kenneth A. & J.A. Nordstrom 14521 Round Lake Blvd. Andover, MN 55304 0, 'j,lrJ\."':-~-'"'''' """'':",> /,1 ". .~ .J. / \.,' '~. .;;,1' ~1Ji.<o.r;f"';'.'" CITY of ANDOVER Regular Planning and Zoning Commission Meeting May 9, 1989 - Minutes "' The regularly scheduled Andover Planning and zoning Commission meeting was called to order by Chairman Rebecca Pease at 7:30 P.M., Tuesday, May 9, 1989 at the Andover city Hall, 1685 Crosstown Boulevard N.W., Andover, MN. Commissioners present: Jovanovich, vistad, spotts, Pease, Sabel (arrived at 8:05 P.M.) Ferris, Bernard Jay Blake, City planner; others Commissioners Absent: Also present: Approval of Minutes April 25, 1989 under adjournment on the last page, the motion was made by spotts instead of Jacobson. MOTION by spotts, seconded by Jovanovich to approve the minutes of April 25, 1989 as corrected. Motion carried on a 3 yes, I present (Vistad) vote. Harold Wendt Special Use Permit Public Hearing Jay Blake explained that the Wendts have applied for a Special Use Permit to construct an accessory structure prior to the construction of the principal structure. Ordinance 8 requires this use to have a Special Use Permit. The construction of a pole building on a rural parcel prior to the construction of a principal structure on the land would not have a significant negative impact on the health, safety, morals and general welfare of the area. One concern the Planning staff has is that unoecupied properties face a higher incidence of vandalism. Mr. Blake also noted that the proposed use would have no significant negative effect on the traffic and parking conditions in the area. The property values and scenic views would not be impacted and the use would have no negative effect on the Comprehensive plan. The options that the Planning Commission has are: I) Recommend approval; 2) recommend denial; 3) table the item. The Planning staff recommends approval of the Special Use Permit. Ms. Pease asked what size the building would be. Mr. Blake stated that it will be 30' x 50'. Commissioner spotts asked if Mr. Wendt planned to subdivide the property. Mr. Wendt said that he bought it for his retirement and that he would sell it off piece by piece. o Chairman Pease opened the public hearing. There was no one in the audience who spoke regarding this item. o o Regular Planning Commission Meeting May 9, 1989 - Minutes Page 2 (Wendt SUP, Cont.) MOTION by spotts, seconded by vistad to close the public hearing. Motion carried unanimously. MOTION by Vistad, seconded by Jovanovich that the Andover planning and zoning Commission recommend to the city Council approval of the Special Use Permit as requested by Harold and Irene Wendt, for the construction of an accessory building prior to the construction of the principal structure, per Ordinance 8, Section 4.05, on property described as 'That portion of the Southwest 1/4 of the Southwest 1/4 of Section 10, Township 32, Range 24, Anoka County, Minnesota, except the South 336.28 feet of the North 1002.56 feet of the West 660 feet, subject to easements of record, if any' for the following reasons: 1) the use will not be detrimental to the health, safety or general welfare of the community; 2) the proposed use would have no significant negative effect on th~ traffic and parkin9 conditions in the area; 3) the proposed use will have no negative effect on the property values and scenic views in the area; 4) The use is in harmony with the Comprehensive plan and zoning Ordinance. A public hearing was held and there was no opposition. The permit will be subject to the following: 1) the building will meet setback requirements of the R-1 zoning district, including 30 feet from the side lot line, 50 feet from the rear lot line and 40 feet from the front property line; 2) the permit will be reviewed annually to ensure compliance with city ordinances. Motion carried unanimously. This will go to the city Council on June 6, 1989. Special Use Permit, Campbell Companies Jay Blake asked that the planning Commission review the special use permit request of the Campbell Companies for a permanent monument sign at the junction of Bittersweet Street and Bunker Lake Boulevard in Bent Creek Estates. The permit is required by Ordinance 8, Section 8.07. The sign style would consist of a boulder with permanent weatherproof lettering affixed, with a total area of approximately 10 square feet. Mr. Blake noted that the sign would not have a detrimental effect on the health, safety, moral or general welfare of the community. The location requirements prevent it from becoming a safety hazard. Because of the location of the sign, it would have no negative impact on the traffic or parking. The Planning staff recommends approval of the permit. o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -89 A RESOLUTION APPROVING THE SPECIAL USE PERMIT REQUEST OF HAROLD AND IRENE WENDT TO ALLOW THE CONSTRUCTION OF AN ACCESSORY STRUCTURE PRIOR TO THE CONSTRUCTION OF A PRINCIPAL STRUCTURE ON PROPERTY DESCRIBED AS THAT PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 10, TOWNSHIP 32, RANGE 24, ANOKA COUNTY, MINNESOTA, EXCEPT THE SOUTH 336.28 FEET OF THE NORTH 1002.56 FEET OF THE WEST 660 FEET, SUBJECT TO EASEMENTS OF ReCORD. WHEREAS, Harold and Ir~ne Wendt have made application for a Special Use Permit to allow the construction of an accessory structure prior to the construction of the principal structure, per Ordinance 8, Section 4.05 on the above described property, and :. ", WHEREAS, Andover Planning and ZoninqCommission held a public hearing on May 9, 1989 to discuss the matter and no public opposition was heard, and WHEREAS, the Planning Commission found the proposal to be consistent with the development in the area and with the Andover Comprehensive Plan, and WHEREAS, the proposed structure would have no significant negative impact on the health, safety, morals and general welfare of the community, and WHEREAS, the proposed structure would have no significant negative impact in the values of property or scenic views of in the area, and WHEREAS, the proposed structure would have no significant negative impact on traffic or the transportation system in the area, and WHEREAS, the proposed structure would have no significant negative impact on the Andover Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Andover approves the Special Use Permit requested by Harold and Irene Wendt for the construction of an accessory structure prior to the construction of the principal structure as required by Ordinance 8, Section 4.05 on the above described property, subject to the following conditions: A) The building must meet setback requirements of the R-1 zoning District, including thirty (30) feet from the side lot line, fifty (50) feet from the rear lot line and forty (40) feet from the front lot line. o o Page 2 Wendt Special Use Permit June 6, 1989 B) The Special Use Permit shall be reviewed annually to ensure compliance with City Ordinances. Adopted by the City Council of the City of Andover this 6th day of June, 1989. CITY OF ANDOVER ATTEST: James E. Elling, Mayor Victoria Volk - City Clerk - CITY OF ANDOVER REQUEST FOR COUNCIL ACTION June 6, 1989 DATE AGENDA d\EfJb.9!!. i on Items NO. 4. ITEM NO. OWr!~~~~~ DEPARTMENT Jay Blak~Y planner FOR BY: REQUEST The Andover city Council is requested to review the Special Use Permit application of Campbell Companies fpr a permanent monument sign located at the junction of Bittersweet Street Northwest and Bunker Lake Boulevard at the Bent Creek Estates development. (as allowed by Section 8.07 of Ordinance 8) GENERAL REVIEW The proposed location for the sign is on Lot 1, Block 1, Bent Creek Estates. The sign would be situated to meet the minimum setback requirements of 10 feet from the property and would not infringe on the sight triangle. The sign style would consist of a boulder with affixed finished lettering with a total area of approximately ten (10) square feet (see the enclosed photograph). Section 5.03 of Ordinance 8 outlines the criteria to use in order to determine the acceptability of the Special Use Permit, including, "the effect of the proposed use upon the health, safety and general welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions including parking facilities on adjacent streets and land, and the effect on property values and scenic views in the surrounding area, and the effect of the proposed use on the Comprehensive plan. Occu ants The proposed sign would not have a detrimental effect on the health, safety, moral or general welfare of the community. The location requirements prevent it from becoming a safety hazard. COUNCIL ACTION MOTION BY TO SECOND BY o o Page 2 Campbell SUP June 6, 1989 The lot on which the sign will be located has been sold. I would urge the Council to require that the property owner is informed of the developers intent to locate a sign on the property. If the property owner is satisfied with maintenance agreements and location of the sign, this criteria will be satisfied. 2) Traffic and Parking Conditions The proposed use meet this criteria. Due to the location of the sign, it will not have a negative impact on the traffic or parking conditions at this intersection. 3) Property Values and Scenic Views The proposed sign will not have a detrimental effect on values of property in the surrounding area. The prestige associated with a development may in fact be enhanced by such a sign. 4) Effect on the City Comprehensive Plan The proposed use will have no effect on the City's Comprehensive Plan and Development Framework. The city Council should consider this set of criteria when establishing conditions for the construction and operation of the utility buildings. City Council Options: 1. The Andover City Council may approve the Special Use Permit, as requested by the Campbell Companies for the construction of a permanent monument sign for the Bent Creek Estates development on Lot 1, Block 1, Bent Creek Estates, per Ordinance 8, Section 8.07. The City may wish to impose conditions for the sign including, but not limited to the following: A. The sign will meet the required setback requirements including ten (10) feet from the property line and remaining outside of the sight tri-angle at the intersection of Bittersweet Street NW and Bunker Lake Boulevard. B. A signed maintenance agreement between the property owner and the developer be on file with the City of Andover prior to installation of the sign. C. The Special Use Permit be reviewed annually to ensure compliance with City Ordinances. D. The developer will take out the appropriate sign permit and pay permit fees prior to sign installation. o o Page 3 Campbell SUP June 6, 1989 2. The Andover City Council may deny the Special Use Permit, as requested by the Campbell Companies for the construction of a permanent monument sign for the Bent Creek Estates development on Lot 1, Block 1, Bent Creek Estates, per Ordinance 8, Section 8.07. The Council finds that the proposal would have a significant adverse effect on the health, safety, morals, general welfare, traffic conditions, property values, scenic views in the neighborhood and/or a negative impact on the City's Comprehensive Plan. 3. The Andover City Council may table the proposal. staff Recommendation: The City Planning Staff recommends option *1. Planning and zoning Commission Recommendation: The Andover Planning and zoning Commission reviewed the proposal at their May 9, 1989 meeting and unanimously recommended approval of the special Use Permit with the Conditions outlined in the enclosed resolution. lY\~iLl . q I 11'(( CITY of ANDOVER .1685 CROSSTOWN BLVD. N.W. ,.,ANDOVER. MINNESOTA 55304 SUP 'i '. -' . 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J ,,-,,0 ftr ~f ~t:2 'tI .:t..- :l ~ l ~ " NJt;> 'i>oe.. \~, ........ ..-- BUNKER LAKE BLVD. i ~ o 30 30 8 OJ ~ -I 0-1 ~ ~P1 .::0 r;' (f) , ~'\!! (TIll' (TI8 --1~ IS ~ r.: ;;. (*.0::> ~ -..,.----------.., I -I PI 81 I __I _J Bl 8\ I L____y.!f:!.G_ ....'v /.?<f.P3 ..., I 1 I I -I ~I 81 I I r:-- ________..1 :-...-.- rz.o.OO-.._."" -:.e."'I"O"l'l4" W \b$.CO N, "'.7 ~ ti>s- (f) ;-l i I "" 30 'j j!I 8 z U\ ~ q lS ~ i -l< c fJ < I' , 'l; tL , 8 ; '6 i l3 , -+-----.. i I ~ P \J' o o ~_.._.._. ~ (ll ! i ! ('- o "i- :c C) r~ ~J fq -., <'- C/) o 0:. (') ~D 1'1 III ;., o o . " CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N,W. . ANDOVER, MINNESOTA 55304. (612) 755-5100 CI'l'Y OF ANDOVER COUNTY OF ANORA 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, May 9, 1989 at the Andover City Hall, 1685 Crosstown Blvd. NW, Andover, MN to hear the request of the campbell companies for a Special Use Permit to allow the placement of a permanent monument sign at a residential development of five (5) acres or greater on property described below: All that part of Lot 1, Auditor's subdivision No. 137, Anoka County, Minnesota described as follows: Commencing at the Northwest corner of said Lot 1 said point being the Northwest corner of the Northwest Quarter of the Southeast Quarter of Section 33, Township 32, Range 24; thence East along the North line of said Lot 1 a distance of 200.00 feet to the centerline of Coon Creek and the actual point of beginning of the Tract of land to be hereby described; thence continuing East along said North line a distance of 165.00 feet; thence South at right angles to said South line a distance of 250.00 feet; thence West at right angles to last course to centerline of Coon Creek; thence Northerly along the centerline of Coon Creek to the actual point of beginning. Subject to an easement for Highway purposes over the North 50.00 feet thereof. also All that part of Lot 1, Auditor's subdivision No. 137, Anoka County, Minnesota described as follows: Commencing at the Northwest corner of said Lot 1 said point being the Northwest corner of the Northwest Quarter of the Southeast Quarter of Section 33, Township 32, Range 24; thence East along the North line of said Lot 1 a distance of 365.00 feet to the actual point of beginning of the Tract of land to be hereby described; thence continuing East along said North line a distance of 100.00 feet; thence South at right angles to said North line a distance of 250.00 feet; thence West at right angles to last course a distance of 100.00 feet; thence Northerly at right angles to last course a distance of 250.00 feet to the actual point of beginning. Subject to an easement for Highway purposes over the North 50.00 feet thereof. (property Address: 2700 Bunker Lake Boulevard Written and verbal comments will be received at that time and location. o 4~ I--!:L vlctoria Volk, City Clerk -0 Regular Planning Commission Meeting May 9, 1989 - Minutes page 2 (Wendt SUP, Cont.) MOTION by spotts, seconded by Vistad to close the public hearing. Motion carried unanimously. MOTION by vistad, seconded by Jovanovich that the Andover Planning and Zoning Commission recommend to the City Council approval of the Special Use Permit as requested by Harold and Irene Wendt, for the construction of an accessory building prior to the construction of the principal structure, per Ordinance 8, Section 4.05, on property described as 'That portion of the Southwest 1/4 of the Southwest 1/4 of Section 10, Township 32, Range 24, Anoka County, Minnesota, except the South 336.28 feet of the North 1002.56 feet of the West 660 feet, subject to easements of record, if any' for the following reasons: 1) the use will not be detrimental to the health, safety or general welfare of the community; 2) the proposed use would have no significant negative effect on the traffic and parking conditions in the area; 3) the proposed use will have no negative effect on the property values and scenic views in the area; 4) The use is in harmony with the Comprehensive plan and zoning Ordinance. A public hearing was held and there was no opposition. The permit will be subject to the following: 1) the building will meet setback requirements of the R-1 zoning district, including 30 feet from the side lot line, 50 feet from the rear lot line and 40 feet from the front property line; 2) the permit will be reviewed annually to ensure compliance with city ordinances. Motion carried unanimously. This will go to the City Council on June 6, 1989. Special Use Permit, Campbell Companies Jay Blake asked that the Planning Commission review the special use permit request of the Campbell Companies for a permanent monument sign at the junction of Bittersweet Street and Bunker Lake Boulevard in Bent Creek Estates. The permit is required by Ordinance 8, Section 8.07. The sign style would consist of a boulder with permanent weatherproof lettering affixed, with a total area of approximately 10 square feet. Mr. Blake noted that the sign would not have a detrimental effect on the health, safety, moral or general welfare of the community. The location requirements prevent it from becoming a safety hazard. Because of the location of the sign, it would have no negative impact on the traffic or parking. The Planning staff recommends approval of the permit. o (0 Regular Planning Commission Meeting May 9, 1989 - Minutes Page 3 (Campbell Companies SUP) At this time, Chairman Pease opened the public hearing. Tom McCabe, 2732 Bunker Lake Boulevard N.W. - stated that he is not opposed to the sign; however, the legal description in the notice that went to the property owners is the legal for his property, which is not part of the plat. MOTION by Vistad, seconded by Jovanovich to close the public hearing. Motion carried unanimously. Mr. Vistad asked if we would be creating a serious problem by having the wrong legal in the notice. Jay Blake explained that we have made the minimum statutory required effort to notify the public and he didn't feel there would be a problem. He received two phone calls but they were about the actual development of Bent Creek Estates and no~ the sign. - . Mrs. McCabe noted that their property'was driginallya part of the plat, but is no longer and that is probably where the legal description came from. Mr. Spotts asked if a corrected notice could be published. Mr. Blake stated that for the Council meeting/we would publish a corrected notice. MOTION by Vistad, seconded by Jovanovich that the Andover Planning and Zoning Commission recommend to the City Council approval of the special Use Permit as requested by the Campbell Companies for the construction of a permanent monument sign for the Bent Creek Estates development on Lot 1, Block 1, Bent Creek Estates, per Ordinance 8, Section 8.07. A public hearing was held and there was no opposition to the Special Use Permit, but it was brought out that an incorrect legal description was published. Approval is recommended for the following reasons: 1) it will not be detrimental to the health, safety or general welfare of the community; 2) The proposed use will not have a negative impact on the traffic or parking conditions at this intersection; 3) the sign will not have a detrimental effect on values of property in the surrounding area; 4) the proposed use will have no effect on the City'S Comprehensive Plan and Development Framework. o The following conditions will apply: 1) the sign will meet the required setback requirements including 10 feet from the property line and remaining outside of the sight triangle at the intersection of Bittersweet Street N.W. and Bunker Lake Boulevard; 2) a signed maintenance agreement between the property owner and the developer be on file with the City of Andover prior to installation of the sign; 3) the Special Use Permit will be reviewed annually to ensure compliance with City ordinances; 4) the developer will take out the appropriate sign permit and pay permit fees prior to sign installation. Motion carried~ This will go to the City Council on June 6, 1989. o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -89 A RESOLUTION APPROVING THE SPECIAL USE PERMIT REQUEST OF CAMPBELL COMPANIES INC. TO ALLOW THE PLACEMENT OF A PERMANENT MONUMENT SIGN IN BENT CREEK ESTATES ON PROPERTY DESCRIBED AS LOT 1, BLOCK 1 BENT CREEK ESTATES, ANOKA COUNTY, MINNESOTA. WHEREAS, The Campbell Companies have made application for a Special Use Permit to allow the placement of a permanent monument sign as allowed by Ordinance 8, Section 8.07 on the above described property, and WHEREAS, Andover Planning and Zoning Commission held a public hearing on May 9, 1989 to discuss the matter and no public opposition was heard, and WHEREAS, the Planning Commission found the proposal to be consistent with the development in the area and with the Andover Comprehensive plan, and WHEREAS, the proposed sign structure would have no significant negative impact on the health, safety, morals and general welfare of the community, and WHEREAS, the proposed sign structure would have no significant negative impact in the values of property or scenic views of in the area, and WHEREAS, the proposed sign structure would have no significant negative impact on traffic or the transportation system in the area, and WHEREAS, the proposed sign structure would have no significant negative impact on the Andover Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Andover approves the Special Use Permit requested by the Campbell Companies for the placement of a permanent monument sign as allowed by Ordinance 8, Section 8.07 on the above described property, subject to the following conditions: o A) The sign will meet the required setbacks including ten (10) feet from the property lines and remaining outside of the sight-triangle at the intersection of Bittersweet Street NW and Bunker Lake Boulevard NW. o o Page 2 Campbell Companies Special Use Permit June 6, 1989 B) A signed maintenance agreement between the property owner and the developer shall be on file with the City of Andover prior to the installation of the sign. C) The Special Use Permit shall be reviewed annually to ensure compliance with City Ordinances. D) The developer will obtain the appropriate sign permits and pay fees prior ~o the installation of the sign. Adopted by the City Council of the City of Andover this 6th day of June, 1989. CITY OF ANDOVER ATTEST: James E. Elling, Mayor Victoria Volk - City Clerk o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION NO. Discussion Items DATE ORIGINATING DEPARTMENT Engineering ,--(K June 6, 1989 ITEM NO. Olesen Addition Final Plat 5. BY: Todd J. Haas The City Council is requested to approve the final plat for Olesen Addition Phase I. The final plat is in compliance with preliminary plat. It is recommended that the plat be approved subject to the following: 1. The City Attorney presenting a favorable title. 2. Security in the amount of $250 to cover legal costs. 3. The developer escrow for the uncompleted grading of the site which is to be determined by the City Engineer or if the site grading is complete, a letter from the developer's surveyor or Engineer that lots are graded according to the grading plan submitted to the City. 4. Park dedication as determined by the Park and Recreation Commission. MOTION BY TO COUNCIL ACTION SECOND BY CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA o RES. NO. A RESOLUTION APPROVING THE FINAL PLAT OF OLESEN ADDITION PHASE I AS BEING DEVELOPED BY EUGENE OLESEN IN SECTION 5-32-24. WHEREAS, the City Council approved the preliminary plat of Olesen Addition; and WHEREAS, the developer has presented the final plat of Olesen Addition Phase I; 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 Olesen Addition Phase I contingent upon receipt of the following: 1. The City Attorney presenting a favorable title opinion. 2. Security in the amount of $250 to cover legal costs~ 3. The developer escrow for the uncompleted grading of the site which is to be determined by the City Engineer or if the site grading is complete, a letter from the developer's surveyor or Engineer that lots are graded according to the grading plan submitted to the City. BE IT FURTHER RESOLVED for the following items: 1. Variance from Ordinance 10, Section 9.06 a(3) for lot width for Lot 1, 2, 3 of Block 1 as the lots do not meet the 300 foot requirement at the setback line. 2. park dedication as determined by Park and Recreation Commission. Adopted by the City Council of the city of Andover on day of , 19 CITY OF ANDOVER Jim Elling - Mayor ATTEST: c:> Victoria Volk - City Clerk o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION NO. DATE ORIGINATING DEPARTMENT June 6, 1989 ITEM NO. Discussion u. Variance: Realty Items Planning ~ BY: Jay Blak~ Planner APPROVED FOR AGEe: ~ BY: / 11 Raintree REQUEST The Andover City Council is asked to review the request of Raintree Realty for a variance to allow the construction of a single family home situated greater than forty-five degrees from the front lot line at 16451 Makah street. (See the enclosed maps) The builder is in violation of the Minnesota state Uniform Building Code (UBC), since the original approved plans were not followed by the builder. APPLICABLE ORDINANCES The requirement that a home face the front of the property is set forth in the Building Guidelines Policy manual for home construction in Andover. The handbook was adopted by the City Council. The Andover City Ordinance #19 outlines the Minnesota State Uniform Building Code Requirements. It states that the plans stamped approved by the City Building Official may not be changed without approval from the City Building Official. The building plans were changed to face the home towards Seventh Avenue rather Makah Street. Ordinance 19 does not have a provision for variances, so the procedures outlined in Ordinance 8, Section 5.04 will be used. PLANNING REVIEW Ordinance *8 allows the City to grant a variance to the requirements of the Zoning Ordinance if the strict interpretation of the Ordinance will cause undue hardship to the property owner. Planning and zoning Commission should review the request using the following criteria: COUNCIL ACTION c MOTION BY TO SECOND BY , o Page 2 Raintree Realty Variance June 6, 1989 1. Does the strict interpretation of the Ordinance cause practical difficulties and/or unnecessary hardships to the property owners? The proposal does not meet this criteria. the application is the improper location the desire of the property owner to face street. The hardship defined by of the building caused by the home away from Makah Requiring a home to be within 45 degrees of the front of the property provides sufficient flexibility. Also, no unique land feature would necessitate facing the building towards 7th Avenue. 2. Is the hardship caused by the unique physical features of the land, including shape or condition of the parcel? This criteria is not met by the proposal. 3. will the variance be detrimental to the public welfare? The mere completion of the home would not have a detrimental effect on the public welfare, however, allowing a home to exist without meeting the building guidelines and allowing a contractor to randomly alter approved plans sets a very dangerous precedent. 4. Is the variance necessary to allow the property owner the reasonable use of the property? Moving the home would be a significant financial hardship to the builder. However, the Minnesota state Uniform Building Code does allow the city to enforce the UBC with the use of criminal proceedings. I do not recommend that we require that the house be moved, as it is mostly completed at this time. COMMISSION OPTIONS o A. The Andover City Council may approve the variance requested by Raintree Realty to complete construction of a home fronting greater than 45 degrees from the front lot line be approved. B. The Andover City Council may deny the variance requested by Raintree Realty to complete construction of a home fronting greater than 45 degrees from the front lot line be denied. Page 3 Raintree Variance c:> June 6, 1989 The Council finds that the proposal does not meet the requirements set forth in the City's zoning Ordinance 18, Section 5.04. The Council finds that the applicant fails to show a hardship due to the unique shape or topography of the parcel and that the land owner would not be precluded / reasonable use of the property. C. The Andover City Council may table the action. STAFF RECOMMENDATION Since the home plans were altered without approval from the Building Department and there is no apparent hardship, Staff recommends option B. Staff further suggests that the Minnesota State Uniform Building Code section 205 be enforced and the builder be prosecuted under applicable State Statutes. PLANNING AND ZONING COMMISSION RECOMMENDATION The Andover Planning and zoning Commission reviewed the request at their May 9, 1989 meeting. The Commission found that there was no hardship based on the property and recommended that the variance be denied. They further recommended that the home not be moved and that the builder/developer should be prosecuted under the Minnesota State Statutes. o ~ CITY of ANDOVER 1685 CROSSTOWN BLVD, NW. ANDOVER, MINNESOTA 55304 Variance 11 VARIANCE REQUEST FORM Property Address /b'!51 JV10./(CA~ sf, Legal Description of Property: (Fill in whichever is appropriate) Lot Block l\ddi tion Parcel ~ PIN attach the Plat (If metes complete legal) . h.O'tJ5e to 5;top\ LA8 {(CI---/e I roW'\.. ,0 Q Specific Hardship [U2D.~ Section of Ordinance Current zoning ********************************************************************** Home Phone JZo-\ 1\ +{'e-~ f-e C\. \ + y , --BJ~\ Y\ <2- . ft1 N Business Phone' 755-7750 Signature 91Y E~ Date Lj-/3'-81 ********************************************************************** JJ9;)S ,1ZoY\ ,:5JN) ;-\-~ tJlA/Y CO 5 / Name of l\pplicant l\ddress Property Owner (Fee Owner) (If different from above) ~71rvr-E- Address Home phone Business Phone Signature Date ************~********************************************************* l\ttach a scaled drawing of the property and structures affected showing: scale and north arrow; dimensions of the property and structures; front, side and rear yard building setbacks; adjacent c:>streets; and location and use of existing structures within 100 feet. 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S'::3 0" - g ~ 0 ::s ::I :::OQ'<: ~~""C:) o...,~ ~ g g- ~ !2 1" ~ 8'" 2!. e: ::So,:==:ecS"o..n::.:30 0' ..., a.. cr :::s ;' '< o..::.:::r 3 2:JrE.cr~ ~~.~ So ~en O:-C):E 0..0 cr~' :ra.~::rgD:"O :T O'Q....... -':E 0 a ::s 0 2: 0 g. 0 ::3'"8 ~ g. ~: ~ s- ~"g. en 3~ an""Oo 9g. 1>>0. 2c"C- '<:j:),) acrsa Er:E g" ~. ~? g. -g ~ ~ ~ r~ g ~ ~ :E ~ ..c 1>> C) 0.. ::':(1:1 E ~ 5,:E :;0 ~ ~ ~ n S' g,] g,g" --.. :::;.;VI 0.<0- ~r c)" S' 0.; g .. ann n ~ -. a a cr 3 g 0 ~'< 8. ",0. ",0- ~ ~ a~ c: z :;j o :u :c OJ c ;= c Z Gl o o c m s- " c:r s, s: ,r !JQ o o Regular Planning Commission Meeting May 9, 1989 - Minutes Page 4 Raintree Realty Variance Mr. Blake asked the Andover Planning and Zoning Commission to review the request of Raintree Realty for a variance to allow the construction of a single family home situated greater than 45 degrees from the front lot line at 16451 Makah street N.W. The Building Guidelines Policy manual for home construction in Andover requires that a home face the front of the property. This handbook was adopted by the City Council last year. Ordinance 19 outlines the Minnesota state Uniform Building Code requirements and states that the plans stamped approved by the City's building official may not be changed without approval from that individual. The building plans were changed to face the home towards 7th Avenue or 165th Avenue rather than Makah Street. Mr. Blake felt that since the home plans were altered we should recommend denial; however, he did not think that we should require that they move the house. Rather, he would recommend that the City Attorney be contacte~ and the builde~ be prosecuted under the State standards. If ~he variance is denied~ the home will become a non-conforming use; Mr. Vistad asked if this builder had been before the Planning Commission before to ask for a variance because of a mistake. Mr. Blake stated that on a house in the Hills of Bunker Lake he asked for a variance for the side yard setback. He also noted that if allow builders to alter plans, and then grant variances, it's a very dangerous precedent to set. Mr. Vistad asked the representative from Raintree Realty if they were aware that the house had to face the street. The representative replied that he was with Ron Smith to locate the house. The homeowner didn't want her picture window facing the turkey farm and Ron felt that with streets surround the house there would not be a problem. He also noted that they intended to run the driveway off Makah Street. Ms. Pease asked why this wasn't noticed by the building inspector. Mr. Blake noted that the inspector was under the assumption that it was to face Makah. It wasn't until after the house was under construction that they discovered that it was greater than a 45 degree angle. Ms. Pease asked if the buyer is going to be aware that it is a non-conforming structure and they can't add anything without a varlance. Mr. Blake stated that this would be kept on file in the building department and that it would be the responsibility of the builder or seller to let the buyer know. Mr. Blake also noted that he spoke to the City Attorney who feels that it is correct that we prosecute under the State Building Code. 10 o Regular Planning Commission Meeting May 9, 1989 - Minutes Page 5 (Raintree Realty variance, Cont.) MOTION by Sabel, seconded by Vistad that the Andover Planning and Zoning Commission recommend to the City Council denial of a variance requested by Raintree Realty to complete construction of a home fronting greater than 45 degrees from the front lot line at 16451 Makah Street N.W. and that we recommend that the City Attorney take action under the State Uniform Building Code. The Commission finds that the proposal does not meet the requirements set forth in the City's Zoning Ordinance *8, Section 5.04. The Commission finds that the applicant failed to show a hardship due to the unique shape or topography of the parcel and that the land owner would not be precluded reasonable use of the property. Motion carried unanimously. This will go to the City Council on June 6, 1989. Ordinance 10, Ponding Requirements. Mr. Blake requested this be tabled because the Mayor has some changes he would like to see made. . MOTION by Spotts, seconded by Vistad to table Ordinance 10. Motion carried unanimously. Planning Commission Mission Statement Jay Blake noted that he combined the statements that were written by Ms. Sabel and himself. He asked if Ordinan~e 11, the Planning Commission Ordinance, should be amended to add this or if it should be kept in-house. Mr. Vistad felt it should be kept in-house until the Commissioners are comfortable with it and then later it could be added to the ordinance. Ms. Pease asked if they were going to come up with any goals or objectives for the Commission. Mr. Blake noted that at the beginning of the year he set goals for the Planning Department but not for the Planning Commission. That could be done at the beginning of next year. No official action was taken on this item. Comprehensive Plan Request for Proposals Jay Blake noted that he asked the council to approve the process and they decided that they want to interview the consultants. Someone on the Council felt that we should hire a college senior to do this but Mr. Blake didn't think that was a good idea as we don't have any graphic capabilities. There are approximately 30 consultants that Mr. Blake is going to notify. He also noted that the City has the funds to do the Comprehensive Plan. o CITY OF ANDOVER, REQUEST FOR COUNCIL ACTION AGENDA SECTION NO. DATE ORIGINATING DEPARTMENT June 6, 1989 ITEM NO. Kirby Estates ponding Discussion 7. -1"1" Discussion Items Engineering BY: Todd J. Haas The City Council is requested by Wayne and Kay Olson to purchase the property known to be Outlot A in Kirby Estates for storm drainage purposes. The Council had taken a previous position to have the Outlot deeded to the City of Andover. The City of Andover and Coon Rapids have been jointly working on 133rd Avenue and the development of the comprehensive storm drainage plan for the area. Attached is a diagram. MOTION BY TO COUNCIL ACTION SECOND BY ~- 1', ~ --T .t ./ -100 YEAR POND OVER FlOW : ... --1- . o 1-' fe,', .b._I G r;-t... + e 5>> =-- Regular City Council Meeting OMay 2, 1989 - Minutes Page 15 MAYOR'S REPORT Mayor El ling recommended if no one volunteers to serve on the Cable Commission by this Friday, the position should be advertised again. Mayor EI ling recommended the day of May 25, 7 o'clock, for a Town Meeting at the Andover School. The Council agreed. The Mayor asked that the union contract be discussed as soon as possible. After discussion, the Council agreed to discuss it at the special meeting on May 18. They also asked that Cy Smyth, the City's negotiator, be present. Mayor Elling also noted Mr. Koolich may want to make recommendations regarding some changes and proposals at City Hall. hoping a work schedule can be set for that. N& action was taken at this time. ' . Mayor Elling asked that the Crosstown storm sewer issue be placed on the next agenda so it can be resolved. Counciralso asked that the Disaster Plan be placed on the next agenda. Mayor Elling asked Staff to have the extra street light removed that was placed on on Bunker Lake Boulevard at Crooked Lake School when the street lights were instal led. He stated there is no need for the light, and the City should not have to pay for that usage. OLSON PROPERTY/PONDING Mayor Elling stated Wayne Olson has told him he did not agree with the Minutes regarding Outlot A on his proposed plat on 133rd and Hanson Boulevard. The Minutes state the Council agreed to take the area as an outlot with drainage rights. to be deeded to the City at the time of the final plat. Mr. Olson is stating that Is not what he agreed to. Mayor Elling asked the Council if the City is going to buy the property as a regional pond. He felt the City should be paying for regional ponding areas. 1t After discussion, the consensus was this is a natural drainage area and the City should just take a drainage easement over it at this time as a part of the platting process. Discussion was then on the proposed MSA road, 133rd, through the plat. Mr. Schrantz stated the developers around 133rd east of this area -- Good Value Homes and Stanton -- agreed to pay for the road even though it is MSA because they needed it as part of their plats and petitioned for it. He asked whether 133rd wil I be assessed through this plat from Jay Street to Hanson Boulevard, even though the City's policy is not c:>to assess on MSA roads. Council generally agreed to follow the existing policy and not assess for 133rd from Jay Street to Hanson Boulevard if the right of way is dedicated. >- t- z (/)5 WU f-~ ~~~ -L(/) Q..w' :r U I- bI X. GJ c: I1J > o >-g (Dc( a::::~ - >- ~t:- u 9 ~j O:~ ~ I- ! j . j i~i i!~ .>. , ~'i ~! .. . -, I ~~ ! !: ~~= ! ~. H ~ iU! - h._! tlii l~!~. . I ;.i+ i I=!" l : i :.-f~ ;;: I ;..1. . ! :: F - , i J -~i .1 _ ~ i-I~'!~:i' ~= .!....l ,.;. -: .t... .I. i j i!~ -. ~ j I 1, I~!--J ;:,--; ==0 ;i. e. ! 1.1 .4 ~ .. i1 ~t ~s "ii ! !f. ! ~ ! . ;~. ~ . ;fi; I ~ i :i~:.. ... ~ .=~ 'f ~ ~ :'t..'I .. ~J'! = 'I- . i.~! i t !~I J .. i i ! , i i t ~ ! . , .', ,i. II) ! J. J j.:. i :1: - .-.! j311 ! =~ i. ; J . ,. : i - H i;;i 'i!t!i~ = 1 .: i i ~ ~~;J=!l . ! it · . -; . I!!.i.i. : .5 ;; ~ .. .J ! =.J'I'" .r-;'!1!= , ! 11 '~ :: I i:iili. i iii :ii t i.i''f ..-if 2! &J_~ ~~~'; IDm~m~ ....L.~_~ -.. ..., ~ III ':!' s: ~.t=J ;sJe- 11<<= .. . ovo~ . , I - \' ~ ~ In I- I- et ~ o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION June 6, 1989 DATE ITEM NO. Duerr Property OBIGIN4TING DEPARTMENT Plannlng Jay Bla~lanner BY: ~CitY l' ~g~ND~i1f~J~~~on Items REQUEST The Andover City Council is asked to review the enclosed information regarding the Red Oaks Manor 6th Addition development. The developers are currently proposing to keep the blue home owned by Barbara Duerr on the property and sell it to a home builder to rehabilitate. BACKGROUND City staff has several concerns that should be addressed: A) The home was renovated after the 1983 storm to meet minimum building standards. However, portions of the home do not meet the UBC standards. Dave Almgren will be at the meeting to elaborate on this issue. B) The home does not meet the minimum setback requirements from Bunker Lake Boulevard. It appears that it is within the 40 foot setback requirement from a major arterial. Planning staff reviewed the proposal under the assumption that the home was to be removed when the plat was approved. So no comment was made at tha t time. C) The home does not have a similar character to the homes being built in the area. A similar problem exists in Coon Rapids where farm homes were left among the newer developments. Today they are a zoning nightmare since most of them are non-conforming. These issues are raised for discussion purposes. City Staff and the Planning Commission made recommendations based on the assumption that the home would be removed. The minutes and the resolutions do not shed any additional light into this matter. Staff would like direction on how to work this issue through with the developers. COUNCIL ACTION MOTION BY TO SECOND BY o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R082-89 A RESOLUTION APPROVING THE FINAL PLAT OF RED OAKS MANOR 6TH ADDITION AS BEING DEVELOPED BY NORM HOLM AND ART RAUDIO IN SECTION 34-32-24. v WHEREAS, the City Council approved the preliminary plat of Red Oaks Manor 6th Addition; and / WHEREAS, the developer has presented the final plat of Red Oaks Manor 6th 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 Red,Oaks Manor 6th Addition contingent upon receipt of the following: / 1. The City Attorney presenting a favorable title opinion. 2. Security to cover legal, engineering, street sign and ~ installation costs to be determined by the City Engineer.C~'.\v) 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. s 24,.>00 ') 5. Street light costs to be paid to Anoka Electric Cooperative. 7 BE IT FURTHER RESOLVED citing the following: 1. Variance from Ordinance 10, Section 9.03(g) for the length ,of the cul-de-sac which exceeds the maximum of 500 feet. Length is approximately 530 feet. 2. All lots access through interior City streets. 3. Developer is responsible to obtain all permits. o o day of Adopted by the City Council of the City of Andover this 2nd May Attest: " , 1989. u~t& Victoria Volk - City Clerk CITY OF ANDOVER ,.i ~ "G /'^ C E . ~ " .' <> .' ~~ / ' \., l1. ~ I ~d/1DA> "61 /'. '-'\, .--,/. ."..;/ .) "" /,/ ,...y 1'<3~,,~1 / . r-. ""? ~..}~~I ' oS> ~ ,'" ,,~\ ' /Vf ~ e 2' ,8/", C7 ',<l7f'O"lJ ,~,I, oOl:i.'>,.:;....'\. \ --- 82' oS'? --, ..,.... t)~!': ..- .... . .-.... +~ +Ol? . "a::.. __:,...._...._ ,". . \J -{: 0, f:: '..I "'- ~ .j. ....., ~J'! t--~,,' . ~ ~ fr) l .J -1-, ~ ' ~ ~ -J'\J' 'lJ ~ J "'.:. ~ .( t'!I '~ ~N I,. '1. ).~ tj , ~.; r~ z~ <t ~lV~\ ~ '-l:) ~~i ,t" __, Q) ,) ~~ "- r::U ~~ ~ ~~ ~ t,< I ~ '- I . , ~,'~ N)~~ ~ ".: Cl;},~ ~, ~1\)'l.J , ",~i ~ ~' ,0) I- ~ tx:l~\- "(l I~ ;;- C) :<:~ ctt IIJ ~ 'k. ~ 'lJ -~ " ~. '0.r I.. ~r' ~ '" ~ ~ r '^ '- '" V\ :::s f ,~ <:i -.....I Q:), ) .......9/~,''Yr /,/~ - 00 "( ... ~ . I VolA. V .> 0".... 0- .. .. ... 1;. s: <:l VI -.... <:) -l. .,... " ~ .. ~ l '"'~ .. ;J'"' "" '^ '" ...:: \ l\j 4 ... '" " <: 5h'S~L ~"'/~/7 ,..h ~I ~\ tl~ ~~,)I ~d"/>"iY /0 -';. -> ~ ~J r ?t . \' " ----, .-' 1 'G ~'-~ ~ \(). ~ ""') ~ ",,~ /\-( f!2 n,. ~ 'n J"'7 ~ ,<-";, u .,0,. "v .., -( e-o,j"1, 0<>/ ~ '" '?5~ I --- B? '6.s'P ---.v - y-;~,,~ " )11- __ __ .J~..... ".fW.- +()e + Ol? -- , ~ ./1 , . , , ".j " .~ I -, " I 'l'" : / ~~~ ,I" , ~~ ~ Y) <:}, . -o'~ ()o..' ;~ '" 1\' ..( "- :tOOl -I-i\ ' \~ '. ~' 0(::); ~UII ) ( \ ~ ~ -'l .... ___ \J -- ';) Ii '. ~-{ ..._~. i I' "'--'- " I \ ) f~ '. '/~ ~;.:)! ,.11) ! \/ \. ..<" / ::' '. '" '.:. '" -~ . ,'- .......,.... Ill' "71' ~ 'I.. ~ 'U ,I:: " --:,~- \j l ~ 'C) V\.:. " v, t '" <:: ,\ I o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE June 6, 1989 ITEM NO. ::I. Ordinance 10 Amendment OBIGIN~TING DEPARTMENT Plannlng Jay Blake~ Planner BY: ~i ty APPRJ? ~ED FOR AGE fI'" \ f--~ '- " BY: ' AGEND1, iSJhCJ~~tt on Items NO. ~ REQUEST The Andover City Council is asked to review the enclosed Ordinance 10 Amendment. The proposed change would bring the Subdivision Ordinance in compliance with the Zoning Ordinance. Both Ordinances would then outline a review process for requests. The Andover Planning and Zoning Commission reviewed it at their May 23, 1989 meeting. They unanimously recommended approval of the proposed amendment. COUNCIL ACTION c MOTION BY TO SECOND BY o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 10 AN ORDINANCE AMENDING ORDINANCE NO. 10, THE SUBDIVISION AND PLATTING ORDINANCE OF THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAINS: Ordinance No. 10 is hereby amended as follows: SECTION 7. PRELIMINARY PLAT 7.02 Procedure. f. on the within The Planning and Zoning Commission shall conduct the hearing preliminary plat and shall make its report to the Council ~eR-+~G+ thirty (30) days after said hearing. g. After the Council receives the report of the Planning Commission the Council at its next regular scheduled meeting shall act plat. The report of the laced on the a enda of the If the Council shall disapprove said plat, the grounds for any such disapproval shall be set forth in the proceedings of the Council and reported to the subdivider within seven (7) days thereafter. Adopted by the City Council of the City of Andover this day of , 198 CITY OF ANDOVER ATTEST: JamesE. Elling - Mayor Victoria Volk ~ City Clerk o CITY OF ANDOVER ITEM CDBG Grant Agreements NO. REQUEST FOR COUNCIL ACTION June 6, 1989 DATE ORIGINATING~EPA MENT Flannlng Jay Bla city planner BY: AGENDADSECTION, NO. lSCUSSlon Items REQUEST The Andover city Council is asked to review the enclosed Community Development Block Grant (CDBG) agreement between the City of Andover and Anoka County. There have been no major changes from last year. I have forwarded a copy of the agreement to the City Attorney for his review. I will be meeting with JoAnn wright on June 5, 1989. If you have any questions, please call me prior to that date, so I may get clarification from the "expert". The blue pages are the agreement and the pink pages are a summary of the projects from around the County. MOTION BY TO COUNCIL ACTION SECOND BY o o ANOKA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AGREEMENT between ANOKA COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF MINNESOTA AND CITY OF ANDOVER This agreement, entered into this 1 st day of July, 1989, between Anoka County, a political subdivision of the State of Minnesota (hereinafter referred to as the "County"), and the City of Andover, 1685 Crosstown Boulevard NW., Andover, MN 55304 (hereinafter referred to as the "Agency"): RECITALS A. The County is an urban county applicant for block grant funds under the Housing and Community Development Act of 1974 (the Act), Pub, L. 93-383 as amended, and will receive block grant funds for the purpose of carrying out eligible community development and housing activities under the Act and under regulations promulgated by the Department of Housing and Urban Development (HUD) at 24 CFR p. 570; B, An Urban County Consortium has been established by a Joint Cooperation Agreement between the County and municipal corporations within the County, the terms of which specify allocation of block grant funds to those participating jurisdictions for use in accordance with the County Housing Assistance and Community Development Plans accepted by participating jurisdictions and reviewed by HUD; C, The County desires to have certain services performed by the Agency as described within this agreement, and as authorized by Anoka County resolutions for the purpose of implementing eligible activities under the Act and HUD regulations; D, It is appropriate and mutually desirable that the Agency be designated by the County to undertake the aforementioned eligible activities, so long as the requirements of the Act, HUD Regulations. state law and local law are adhered to, as provided for herein; E, The purpose of this Agreement is to provide for cooperation between the County and the Agency. as the parties in this agreement, in implementing such eligible activities in the manner described above; F, The parties are authorized and empowered to enter into this Agreement by the Laws of the State of Minnesota, G. The following attachments as listed below are hereby incorporated in this agreement and made a part hereof: - 1 - o o PART I. GENERAL CONDITIONS PART II. FEDERAL AND LOCAL PROGRAM REQUIREMENTS PART III. EVALUATION AND RECORD KEEPING Exhibit A - Specific Objectives for 1988 Anoka County CDBG Program Exhibit B - County Board Resolution 85-42 Exhibit C - County Board Resolution 85-23 Exhibit D - County Board Resolution 86-70 Exhibit E - Project Descriptions H, In consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties mutually covenant and agree as provided for in this agreement. COUNTY AGENCY Tim Yantos Deputy County Administrator (Signature) Date: Name (Typed) Approved as to form: Title Date: Assistant Anoka County Attorney - 2 - o o PART I. GENERAL CONDITIONS 1. SCOPE OF AGREEMENT The Agreement between the parties shall consist of the signature page, the general conditions; the federal, state and local program requirements; the evaluation and record keeping requirements, each and every project exhibit incorporated into the Agreement; all matters and laws incorporated by reference herein; and any written amendments made according to the general conditions. This Agreement supersedes any and all former agreements applicable to projects attached as exhibits to this Agreement. 2. SCOPE OF SERVICES The Agency shall perform and carry out in a satisfactory and proper manner the services set forth in the Project Request Form. This Agreement may be amended from time to time, in accordance with the general conditions, for the purpose of adding new projects, amending the scope of work, or for any other lawful purpose, 3, COMMENCEMENT AND TERMINATION OF PROJECTS Upon release of project-related funds by HUD pursuant to federal regulations, the County shall furnish the Agency with written notice to proceed. No work on the proiect shall occur prior to the notice to proceed without written approval from the County, Termination dates for individual projects shall be specified in the appropriate exhibits and be in compliance with County Board Resolution #85-23, attached as Exhibit C. Costs incurred after the termination date will not be reimbursed. The termination date may be changed through amendment of this Agreement. 4. ADMINISTRATION A. The Aqency shall appoint a liaison person who shall be responsible for overall administration of block qrant funded proiect(s) and coordination with the County Housinq and Community Development Proqram. The Aqency shall also desiqnate one or more representatives who shall be authorized to siqn the monthlv Voucher and Reportinq Form, The names of the liaison persons and representatives shall be specified in the Exhibits, 5, COMPENSATION AND METHOD OF PAYMENT A. The County shall reimburse the Agency for the services specified in the Exhibits in an amount not to exceed the amount specified on Exhibit A. Reimbursement shall be based on a Community Development Voucher and Reporting Form submitted with supporting documents and signed by the Agency's authorized representative. - 3 - o o B, The Agency shall submit a properly executed Voucher and Reporting Form no later than fifteen (15) working days after the close of each billing period, The County will make payment to the Agency not more than working days after said invoice is received and approved by Anoka County, The County will issue a statement of correction voucher in the event that the voucher request is erroneous, Payment does not constitute absolute approval. 6. OPERATING BUDGET The Agency shall apply the funds received from the County under this Agreement in accordance with the requirements of the Exhibit(s) attached hereto. 7, FUNDING ALTERNATIVES AND FUTURE SUPPORT A, The Agency shall report all project income generated under this Agreement for the purposes specified herein or generated through the project(s) funded under this Agreement. All program income shall be forwarded to Anoka County except as provided in Exhibit D. The County will maintain a record of program income received by individual projects for future use by the subgrantee for eligible CDBG activities, B, The County makes no commitment to future support and assumes no obligation for future support of the activities contracted for herein, except as expressly set forth in this Agreement. C, Should anticipated sources of revenue not become available to the County for use in the Community Development Block Program, the County shall immediately notify the Agency in writing and the County will be released from all contracted liability for that portion of the Agreement covered by funds not received by the County. 8. AMENDMENTS Either party may request modifications in the scope of services, terms, or conditions of this Agreement. Proposed modifications which are mutually agreed upon shall be incorporated by written amendment to this Agreement. A written amendment may affect a project or projects authorized by this Agreement or may be of general application. 9. ASSIGNMENT AND SUBCONTRACTING A. The Agency shall not assign any portion of this Agreement without the written consent of the County, and it is further agreed that said consent must be sought by the Agency not less than fifteen (15) days prior to the date of any proposed assignment. B. Any work or services assigned or subcontracted hereunder shall be subject to each provision of this Agreement and proper bidding procedures contained therein. The Agency agrees that it is as fully responsible to the County for the - 4 - o o 10, acts and omissions of its subcontractors and of their employees and agents, as it is for the acts and omissions of its own employees and agents, HOLD HARMLESS AND INDEMNIFICATION A. The Agency further agrees that it is financially responsible (liable) for any audit exception which occurs due to its negligence of failure to comply with the terms of the Agreement. B. The Agency agrees to protect and save the County, its elected and appointed officials, agents, and employees while acting within the scope of their duties as such, harmless from and against all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, arising in favor of the Agency's employees or third parties on account of personal injuries, death or damage to property arising out of services performed or omissions of services or in any way resulting from the acts or omissions of the Agency and/or its agents, employees, subcontractors or representatives under this Agreement. 11. INSURANCE For all agencies which are not municipal corporations organized under the laws of the State of Minnesota, the following insurance requirements shall apply: A. Public Liabilitv Insurance The Agency shall obtain and maintain continuously public liability insurance necessary to protect the public on the subject premises naming the County as insured to the extent of Five Hundred Thousand and no/100 ($500,000,00) Dollars General Liability Insurance including bodily injury and property damage with umbrella excess liability of Two Million and no!100 ($2,000,000.00) Dollars and provide proof of Worker's Compensation Insurance pursuant to the Statutes of the State of Minnesota, B, Buildinq Risk Insurance The Agency shall cause to be maintained, during the period that contract work is in progress, All Risk Builder's Insurance, (including fire, vandalism. malicious mischief and extended coverages) in an amount not less than the value of destructible contract work in place, C, Proof of Insurance The Agency shall provide certificates of insurance required under this section, or, upon request of the County, duplicates of the policies as evidence of the insurance protection afforded, Such insurance policies shall not be reduced or cancelled without sixty (60) days prior written notice to the County. - 5 - o o 12. CONFLICT OF INTEREST A. Interest of Officers, Emplovees, or Aqents - No employee, agent, consultant, officer, or elected or appointed official of the Agency who exercises any functions or responsibilities with respect to Block Grant Program activities assisted under this Program or who are in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. B. Interest of Subcontractor and Their Emplovees - The Agency agrees that it will incorporate into every subcontract required to be in writing and made pursuant to this Agreement the following provisions: The Contractor covenants that no person who presently exercises any functions or responsibilities in connection with the Block Grant Program, has any personal financial interest, direct or indirect, in this Contract. The Contractor further covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of his services hereunder. The Contractor further covenants that in the performance of this Contract no person having any conflicting interest shall be employed, Any interest on the part of the Contractor or his employees must be disclosed to the Agency and the County. 13. DATA PRIVACY All data collected, created, received, maintained, or disseminated, or used for any purposes in the course of the Provider's performance of this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes 1984, Section 13.01 et seq. or any other applicable State statutes and any State rules adopted to implement the Act, as well as State statutes and Federal regulations on data privacy. The Provider agrees to abide by these statutes, rules, and regulations and as they may be amended, 14. TERMINATION A, This Agreement is subject to termination upon thirty (30) days written notice by the County should: (1) The Agency mismanage or make improper or unlawful use of Agreement funds; - 6 - o o (2) The Agency fail to comply with the terms and conditions expressed herein or the applicable statutes, regulations and directives of the Federal Government, State, or County; (3) The Agency fail to provide work or services expressed by this Agreement; or (4) The Agency fail to submit reports or submit incomplete or inaccurate reports in any material respect. B, This Agreement may be terminated by the County immediately upon the receipt by the County of notice of the loss of federal funding for the Community Development Block Grant Program or any project of the Agency. C. This Agreement is subject to termination upon thirty (30) days written notice by the Agency should: (1) The County fail in its commitment under this Agreement to provide funding for services rendered, as herein provided; or (2) Block Grant funds become no longer available from the Federal Government or through the County. D. Otherwise this Agreement shall terminate on the latest termination date specified on the Project Request Form attached hereto and shall be subject to extension only by mutual agreement and amendment in accordance with the General Conditions of this Agreement except that the County may terminate the agreement if funds are not expended as required by Exhibit C, E. Upon termination of this Agreement any unexpended balance of Agreement funds shall remain in the County Block Grant fund. F, In the event that termination occurs under paragraph A(1) of this section, the Agency shall return to the County all funds which were expended in violation of the terms of this Agreement. 15. REVERSION OF ASSETS Upon the expiration or termination of this agreement, the A;)ency shall transfer to the County any CDBG funds on hand or in the accounts receivable attributable to the use of CDBG funds. In addition, at the expiration or termination of this agreement, any real property under the Agency's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000.00 shall be disposed of in a manner which results in the agency being reimbursed in the amount of the current fair market value of the property less any portion thereof attributable to the expenditures of non-CDBG funds for acquisition of, or improvement to, the real property, Such reimbursement shall not be required if the conditions of 24 CFR ~ 570.503(b)(8)(i) are met and satisfied. - 7 - o o 16, DISPOSITION OF PROGRAM INCOME Upon the expiration or termination of this agreement. program income shall be returned by the Agency to the County, - 8 - o \\ o PART II. FEDERAL AND LOCAL PROGRAM REQUIREMENTS 1. GENERAL REQUIREMENTS The Agency shall comply with the Housing and Community Development Act of 1974, Public Law 93-383 as amended, and Implementing Regulations at 24 CFR p. 570. 2, PROCUREMENT STANDARDS 3, In awarding contracts pursuant to this Agreement, the Agency shall comply with all applicable requirements of local and state law for awarding contracts, including but not limited to procedures for competitive bidding, contractor's bonds, and retained percentages, In addition, the Agency shall comply with the requirements of the U.S. Office of Management and Budget Circular A-102 or A-11 0 as appropriate, relating to bonding, insurance and procurement standards; and with Executive Order 11246 regarding nondiscrimination bid conditions for projects over Ten Thousand and nO/100 ($10,000.00) Dollars, Where federal standards differ from local or state standards, the stricter standards shall apply. The federal standard of Ten Thousand and no/100 ($10,000.00) Dollars for competitive bidding shall apply only if the applicable state or local standard for competitive bidding is less strict than Ten Thousand and no/100 ($10,000.00) Dollars. ENVIRONMENTAL REVIEW A. National Environmental Policy Act - The County retains environmental review responsibility for purposes of fulfilling requirements of the National Environmental Policy Act as implemented by HUD Environmental Review Procedures (29 CFR pt. 58). The County may require the Agency to furnish data, information and assistance for the County's review and assessment in determining whether an Environmental Impact Statement must be prepared. B. State Environmental Policy Act - Agencies which are branches of government under Minnesota Law retain responsibility for fulfilling the requirements of the State Law regarding environmental policy and conservation, and regulations and ordinances adopted thereunder. If the agency is not a branch of government under Minnesota Law, the County may require the agency to furnish data, information and assistance as necessary to enable the County to comply with the State Environmental Policy Act. C, Satisfaction of Environmental Requirements - Project execution under this Agreement by either the County or the Agency shall not proceed until satisfaction of all applicable requirements of the National and State Environmental Policy Acts. A written notice to proceed will not be issued by the County until all such requirements are complied with. - 9 - o o 4, NONDISCRIMINATION A. General The Agency shall comply with all federal. state and local laws prohibiting discrimination on the basis of age, sex, marital status, race, creed, color, national origin or the presence of any sensory, mental or physical handicap or any other basis now or hereafter prohibited by Law, These requirements are specified in Section 109 of the Housing and Community Development Act of 1974; Civil Rights Act of 1964, Title VI; Civil Rights Act of 1968, Title VIII; Executive Order 11063; Executive Order 11246; and Section 3 of the Housing and Urban Development Act of 1968, Specifically, the Agency is prohibited from taking any discriminatory actions defined in the HUD Regulations at 24 CFR 570.602(b) (1-3) and shall take such affirmative and corrective actions as are required by the Regulations at CFR 570,602(b)(4). These requirements are summarized in the following paragraphs: B, Proqram Benefit The Agency shall not discriminate against any resident of the project service area by denying benefit from or participation in any block grant funded activity on the basis of race, color, sex, or national origin, (Civil Rights Act of 1964, Title VI; Civil Rights Act of 1968, Title VII; Section 109, Housing and Community Development Act of 1974). C. Fair Housinq The Agency shall take necessary and appropriate actions to prevent discrimination in federally assisted housing and lending practices related to loans insured or guaranteed by the federal government. (Civil Rights Act of 1968, Title VII; Executive Order 11063) D. Emplovment 1, In all solicitations under this Agreement, the Agency shall state that all qualified applicants will be considered for employment. The words "equal opportunity employer" in advertisements shall constitute compliance with this section. 2. The Agency shall not discriminate against an employee or applicant for employment in connection with this Agreement because of age, marital status, race, creed, color, national origin, or the presence of any sensory, mental or physical handicap, except when there is a bona fide occupational limitation, Such action shall include, but not be limited to the following: Employment, upgrading. demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of payor other forms of compensation, and selection for training, (Executive Order 11246 as amended) - 10 - o o 3. To the greatest extent feasible, the Agency shall provide training and employment opportunities for lower income residents within the area served by block grant assisted projects (Section 3, Housing and Community Development Act of 1968, as amended), E, Contractors and Suppliers 1. No contractor, subcontractor, union or vendor engaged in any activity under this Agreement shall discriminate in the sale of materials, equipment or labor on the basis of age, sex, marital status, race, creed, color, national origin, or the presence of any sensory, mental, or physical handicap, Such practices include upgrading, demotion, recruiting, transfer, layoff, termination, pay rate, and advertisement for employment. (Executive Order 11246 as amended) 2, All firms and organizations described above shall be required to submit to the Agency certificates of compliance demonstrating that they have, in fact, complied with the foregoing provisions; provided, that certificates of compliance shall not be required from firms and organizations on contracts and/or yearly sales of less than $10,000, 3, To the greatest extent feasible, the Agency shall purchase supplies and services for activities under this agreement from vendors and contractors whose businesses are located in the area served by block grant funded activities or owned in substantial part by project area residents. (Section 3, Housing and Community Development Act of 1968, as amended.) F. Notice 1, The Aqencv shall include the provisions of the appropriate subsections &. B, C. D. and E of this section in everv contract or purchase order for qoods and services under this Aqreement and shall send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding a notice advising the said labor union or worker's representative of the commitments made in these subsections. 2. In advertising for employees, goods or services for activities under this Agreement, the agency shall utilize minority publications in addition to publications of general circulation. 5, LABOR STANDARDS The Agency shall require that project construction contractors and subcontractors pay their laborers and mechanics at wage rates in accordance with the Davis-Bacon Act, as amended (40 USC sections 327-333); provided that this section shall not apply to - 11 - o o rehabilitation of residential property designed for residential use by fewer than eight families, A copy of the current Davis-Bacon wage rate must be included in all construction bid specs ,and contracts over Two Thousand and nO/100 ($2,000.00) Dollars. 6. PROPERTY MANAGEMENT A, The Agency agrees that any nonexpendable personal property, purchased wholly or in part with agreement funds at a cost of Three Hundred and nO/100 ($300.00) Dollars or more per item, is upon its purchase or receipt the property of the County and/or federal government. Final ownership and disposition of such property, shall be determined under the provisions of Appendix N to the U.S, Office of Management and Budget Circular No. A-102 or A-110 as appropriate. B. The Agency shall be responsible for all such property, including its care and maintenance, C, The Agency shall admit the County's property management officer to the Agency's premises for the purpose of marking such property, as appropriate, with county property tags. D, The Agency shall meet the following procedural requirements for all such property: 1. Property records shall be maintained accurately and provide for: a description of the property; manufacturer's serial number or other identification number; acquisition date and cost; source of the property; percentage of block grant funds used in the purchase of property; and location, use, and condition of the property. 2. A physical inventory of property shall be taken and the results reconciled with the property records at least once every two (2) years to verify the existence, current utilization, and continued need for the property, 3. A control system shall be in effect to insure adequate safeguards to prevent loss. damage, or theft to the property, Any loss, damage, or theft of the property shall be investigated and fully documented, 4. Adequate maintenance procedures shall be implemented to keep the property in good condition, 7, ACQUISITION AND RELOCATION A, Any acquisition of real property for any activity assisted under this Agreement which occurs on or after the date of the County's submission of its Block Grant application to HUD shall comply with Title III of the Federal Uniform Relocation - 12 - o o Assistance and Real Property Acquisition Policies Act of 1970 as amended by the Uniform Relocation Act Amendments of 1987 Title IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (Pub. L 100-17, 101 Stat. 246-256) (hereinafter referred to as the Uniform Act) (40 USC section 4601) and the Regulations at 49 CFR pt. 24. B. Any displacement of persons, business, nonprofit organizations or farms occurring on or after the date of the County's submission of its Block Grant application as the result of acquisition of real property assisted under this Agreement shall comply with Title II of the Uniform Act as amended by the Uniform Relocation Act Amendments of 1987 Title IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (Pub. L 100-17, 101 Stat. 246-256) and the Regulations at 49 CFR pt. 24. The Agency shall comply with the Regulations pertaining to costs of relocation and written policies, as specified by 24 CFR section 570.606 (a) & (b). 8, HISTORIC PRESERVATION The Agency shall meet the historic preservation requirements of Public Law 89-665 and the Archeological and Historic Preservation Act of 1974 (Pub, L. 93-291) and Executive Order 11593, including the procedures prescribed by the Advisory Council on Historic Preservation in the Regulations at 36 CFR pt. 800. Activities affecting property listed in or found to be eligible for inclusion in the National Register of Historic Places will be subject to requirements set forth in HUD Environmental Review Procedures at 24 CFR pt. 58. 9. ARCHITECTURAL BARRIERS Any facility constructed pursuant to this Agreement shall comply with design requirements of the Architectural Barriers Act of 1968 (42 USC section 4151). 10. NONPARTICIPATION IN POLITICAL ACTIVITIES The Agency shall comply with the provisions of the Hatch Act (5 use Chapter 15). 11. NATIONAL FLOOD INSURANCE The Agency may not receive Community Development Block Grant funding for acquisition or construction for use in any area that has been identified as having special flood hazards and is not participating in the National Flood Insurance Program, as provided by Section 3(a) of the Flood Disaster Protection Act of 1973 (Pub. L, 93- 234) and the Regulations thereunder (24 CFR Ch, X, subchap, B). The Agency shall comply with the Regulations at 24 CFR section 570.605, 12. AIR AND WATER POLLUTION - 13 - o o The Agency shall comply with the provIsions of the Clean Air Act, as amended (42 USC section 1857 gg seq,) and the Federal Water Pollution Control Act, as amended (33 USC sections 1251 et seq,) and the regulations issued thereunder (40 CFR pt. 15), 13, LEAD-BASED PAINT POISONING The Agency shall comply with the HUD Lead-Based Paint Regulations (24 CFR pt. 35) issued pursuant to the Lead-Based Paint Poisoning Prevention Act (42 use sections 4831 et seq.) requiring prohibition of the use of lead-based paint (whenever funds under this Agreement are used directly or indirectly for construction, rehabilitation, or modernization of residential structures); elimination of immediate lead-based paint hazards in residential structures; and notification of the hazards of lead-based paint poisoning to purchasers and tenants of residential structures constructed prior to 1950. 14, NONSUBSTITUTION FOR LOCAL FUNDING 'The Block Grant Funding made available under this Agreement shall not be utilized by the Agency to reduce substantially the amount of local financiai support for community development activities below the level of such support prior to the availability of funds under this Agreement. 15. PUBLIC OWNERSHIP For Agencies which are not municipal corporations organized under the laws of the State of Minnesota, it may become necessary to grant the County a property interest where the subject project calls for the acquisition, construction, reconstruction, rehabilitation, or installation of publicly-owned facilities and improvements. The Agency shall comply with current County policy regarding transfer of a property interest sufficient to meet the public ownership requirement. 16, PUBLIC INFORMATION A, In all news releases and other public notices related to projects funded under this Agreement, the Agency shall include information identifying the source of funds as the Anoka County Community Development Biock Grant Program. B, For all construction projects the Agency shall erect a sign to County specifications at the construction site, identifying the source of funds, except that this requirement may be waived for construction projects of Ten Thousand and nO/100 ($10,000,00) Dollars or less, 17, APPLICABLE UNIFORM ADMINISTRATIVE REQUIREMENTS A, An Agency which is the governmental entity (including public agencies) shall comply with the requirements and standards of OMB Circular No. A-87, "Principles for Determining Costs Applicable to Grants and Contracts with State, Local and Federally recognized Indian Tribal Governments", OMB Circular A-128, "Audits of State and local Governments" (implemented at 24 CFR Part 44) and - 14 - o with the following sections of 24. CFR Part 85 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments": (1) Section 85,3, "Definitions"; (2) Section 85.6, "Exceptions"; (3) Section 85,12, "Special grant or subgrant conditions for 'high-risk' grantees"; (4) Section 85.20, "Standards for financial management systems," except paragraph (a); (5) Section 85.21, "Payment," except as modified by ~ 570.513; (6) Section 85.22, "Allowable costs"; (7) Section 85.26, "Non-federal audits"; (8) Section 85.32, "Equipment," except in all cases in which the equipment is sold, the proceeds shall be program income;, (9) Section 85,33, "Supplies"; (10) Section 85,34, "Copyrights"; (11) Section 85,35, "Subawards to debarred and suspended parties"; (12) Section 85,36, "Procurement," except paragraph (a); (13) Section 85.37, "Subgrants"; (14) Section 85.40, "Monitoring and reporting program performance," except paragraphs (b) through (d) and paragraph (f); (15) Section 85.41, "Financial reporting," except paragraphs (a), (b), and (e); (16) Section 85.42, "Retention and access requirements for records"; (17) Section 85.43, "Enforcement"; (18) Section 85.44, "Termination for convenience"; (19) Section 85,51, "Later disallowances and adjustments" and (20) Section 85,52, "Collection of amounts due." B. An Agency if it is not a governmental entity, shall comply with the requirements and standards of OMB Circular No, A-122, "Cost Principles for Non Profit Organizations" or OMB Circular No. A-21 , "Cost Principles for Educational Institutions," as applicable, and with the following Attachments to OMB Circular No. A-11 0; (1) Attachment A, "Cash Depositories", except for paragraph 4 concerning deposit insurance; (2) Attachment B, "Bonding and Insurance"; o (4) (5) Attachment C, "Retention and Custodial Requirements for REcords", except that in lieu of the provisions in paragraph 4, the retention period for records pertaining to individual CDBG activities starts from the date of submission of the annual performance and evaluation report, as prescribed in ~ 570,507, in which the specific activity is reported on for the final time; Attachment F, "Standards for Financial Management Systems"; Attachment H, "Monitoring and Reporting Program Performance", Paragraph 2; (3) - 15 - o (6) o (7) Attachment N, "Property Management Standards", except for paragraph 3 concerning the standards for real property, and except that paragraphs 6 and 7 are modified so that - (i) In all cases in which personal property is sold, the proceeds shall be program income, and (ii) Personal property not needed by the subrecipient for CDBG activities shall be transferred to the recipient for the CDBG program or shall be retained after compensating the recipient; and Attachment 0, "Procurement Standards," - 16 - o o PART III. EVALUATION AND RECORD KEEPING 1. EVALUATION The Agency agrees to participate with the County in any evaluation project or performance report, as designed by the County or the appropriate Federal agency, and to make available all information required by any such evaluation process. 2, AUDITS AND INSPECTIONS The Agency shall obtain an independent audit on an annual basis if the budget is at least $25,000,00. Such audit shall be made by qualified individuals who are sufficiently independent of those who authorize the expenditure of Federal funds. The audit report shall state that the audit was performed in accordance with the generally accepted governmental audit standards for financial and compliance audits of the U. S, General Accounting Office Standards for Audit of Governmental Orqanizations, Proqrams, Activities, and Functions, and the provisions of OMB A-11 0, The records and documents with respect to all matters covered by this contract shall be subject at all times to inspection, review or audit by the County, County, Federal or State officials so authorized by law during the performance of this contract and during the period of retention specified in this Part III. 3, RECORDS As required by HUD Regulations, 24 CFR pt. 570, the Agency shall compile and maintain the following records: A, Financial Management - Such records shall identify adequately the source and application of funds for activities within this Agreement, in accordance with the provisions of Appendix G to the U.S, Office of Management and Budget Circular A-102 or A-110 as appropriate, These records shall contain information pertaining to grant awards and authorizations, obligations, unobligated balances, assets, liabilities, outlays, and income. B. Citizen Participation - Narrative and other documentation describing the process used to inform citizens concerning the amount of funds available, the ranges of project activities undertaken, and opportunities to participate in funded block grant projects, C, Relocation - Indication of the overall status of the relocation workload and a separate relocation record for each person, business, organization, and farm operation displaced or in the relocation workload, D. Property Acquisition - Agency files must contain (a) invitation to owner to accompany appraiser during inspection, (b) at least one property appraisal, (c) statement of basis for determination of just compensation, (d) written offer of just - 17 - o o compensation, (e) all documents involving conveyance, (f) settlement cost reporting statement, and (g) notice to surrender possession of premises. E. Equal Opportunity - The Agency shall maintain racial, ethnic, and gender data showing the extent to which these categories of persons have participated in, or benefitted from, the activities carried out under this Agreement. The Agency shall also maintain data which records its affirmative action in equal opportunity employment, and its good-faith efforts to identify, train, and/or hire lower- income residents of the project area and to utilize business concerns which are located in or owned in substantial part by persons residing in the area of the project. F. Labor Standards - Records shall be maintained regarding compliance of all contractors performing construction work under this Agreement with the labor standards made applicable by 24 CFR 570.603. G, Determinations of Condition of Slum and Bliqht The agency will submit: 1, an attorney's opinion that an area designated as slum or blighted for the purpose of qualifying a CDBG activity meets the State or local definition of same; 2. the boundary of the area so designated; 3. a list of the conditions the CDBG-funded activity is intended to address. In the event that a single property is designated as blighted, the community must submit a certified building inspector's report on the conditions leading to that determination, H. Economic Development The agency will maintain copies of financial statements that indicate the historical and projected income of a company approved for CDBG assistance, Those records will include three years of profit and loss statements, balance statements and projected income statements. The agency will also keep records indicating the amount and terms of assistance provided together with an explanation of how the assistance provided meets the "necessary and appropriate" requirements communicated in the June 2, 1987 Stokvis memorandum, I. Such other records as may be required by the County and/or HUD, 4, RETENTION OF RECORDS Required records shall be retained for a period of three (3) years after termination of this Agreement, except as follows: (1) Records that are the subject of audit findings shall be retained for three (3) years after such findings have been resolved, (2) Records - 18 - o o for nonexpendable property shall be retained for three (3) years after its final disposition, Nonexpendable property is defined in Appendix N to U.S, Office of Management and Budget Circular No, A-102 or A-11 0 as appropriate, 5, REPORTS The Agency shall submit such reports as required by the County on a monthly, quarterly or annual basis and also prior to project execution. Those reports will include but not be limited to client information, revolving' fund accounting, inventory management, general accounting, property acquisition/disposition, displacement/relocation, and low-income housing replacement. - 19 - o o FINAL STATEMENT OF COMMUNllY DEVELOPMENT OBJECTIVES AND PROJECTED USE OF FUNDS SPECIFIC OBJECTIVES FOR 1989 ANOKA COUNlY CDBG PROGRAM The following objectives have been established for assisting communities and citizen groups in the formulation of specific program activities. The objectives listed below are in brief form. A more complete development of program policy and rationale may be found by contacting the above mentioned source, 1. Support decent. safe housing for residents in Anoka County through: (1) rehabilitation of existing structures; (2) eligible assistance for construction of new lower income housing; (3) acquisition of housing suitable to meet lower income needs. 2. Assist program efforts to redevelop blighted areas through: acquisition and clearance, upgrading public facilities and utilities, encouraging new development, seeking local financial commitment to the effort, 3. Develop and upgrade public facilities and utilities which serve primarily lower income persons or which are an integral part of redevelopment efforts in blighted areas. <.: Su;;;r;ort 2CCr.Ci11IC deVdlcpment.ln AnOKd County to prOVide new ;00S, prlmanly lor lower income persons. 5, Promote the removal of architectural barriers. 6. Provide funding for public service activities which serve primarily lower income persons. 7. Planning and administration to support the above. The above objectives were developed in cooperation with the communities in Anoka County and are based on need as illustrated by statistics drawn from the 1980 census data and comments from community residents. Overall, they are a continuation of the 1981-1988 CDBG programs, with many communities sustaining efforts begun in those years. OCITY TARGET PROJECT OBJECTIVE AREA NUMBER PROJECT BUDGET MET Andover II 948 Public Service Pool $ 6,398 6 Grants to agencies who provide miscellaneous public services. Actual recipients to be chosen by the City at a later date, Andover II 947 Comprehensive Plan $20,000 7 Revision and updating of the City of Andover's comprehensive plan. Andover II 946 Andover Neiahborhood Revitalization $ 9,593 2 Identification, acquisition, and demolition/removal of blight and resale for appropriate use, Actual properties not known at this time. This is a continuation of a 1988 project. Anoka 903 Seventh Avenue Ramps $17,200 5 Installation of ramps for handicapped accessibility on Seventh Avenue between Highway 10 and East River ~0-3d, Anoka 905 Public Service Pool $16,400 6 Grants to public service agencies including but not limited to: Anoka County Community Action Program, Northwest Suburban Kinship Program, Alexandra House, Family Life Mental Health Center, North Suburban Counseling Center, Chore 1 Home Maintenance Program, (RISE, Inc. is included in #983, Alexandra House in #978). Blaine 916 Economic Development $69,869 4 Activities to support economic development including loans to private businesses. o - 1 - OCITY TARGET PROJECT OBJECTIVE AREA NUMBER PROJECT BUDGET MET Blaine 918 Blaine Public Service Pool $15,000 6 Grants to public service agencies including but not limited to: Family Life Center Foundation, North Suburban Family Service Center, Central Center for Family Resources (Alexandra House at 978, Association for Retarded Citizens at #982). Columbia 907 Neiahborhood Revitalization $34,000 2 Heights Activities to redevelop residential neighborhoods: acquisition of uninhabitable residential properties, clearance and resale of sites. Columbia 908 Public Service Pool $18,700 6 Heights Grants to public service agencies including but not limited to: Shiloh Bethany Child Care Center, Amherst Wilder Foundation Parent Resource Center, ACCAP Senior Outreach. A~sociation for Retarded Citi?(>n~, Cemrai Center ior FamliY Resources (Bridgeview Club Transport), Columbia 909 Columbia Heiahts Downtown $15,000 2 Heights Redevelopment Management. One day "event" to encourage commercial/industrial businesses in the redeveloping areas of Columbia Heights. Columbia 910 Redevelopment Environmental Plannina $55,000 2 Heights Environmental assessment prior to implementation of a Multi-Use Redevelopment Plan. Columbia 911 Parkview Villa Accessibility $11,530 5 Heights Renovation of two units in the public housing on 40th Avenue to meet code requirements for accessibility, o - 2 - OCITY TARGET PROJECT AREA NUMBER PROJECT BUDGET OBJECTIVE MET Columbus III 965 Senior Coordinator $14,802 6 Township Personnel costs for coordinator of senior recreation program at Columbus Township Senior Center at 16319 Kettle River Boulevard. Coon Rapids I 922 Economic Development $93,1 94 4 Activities to support economic development in appropriate areas in the city, including loans to private businesses. Coon Rapids I 923 Kinship $ 4,000 6 Grant to "big-brother/big-sister public service agency. Coon Rapids I 924 Senior Companion Project $ 2,000 6 Grant to Anoka County Community Action Program for senior outreach. C:'-"st Setne! II 968 East Bethel Redevelopment ... $36,324 2 Activities to remove slum and blight in City-designated areas including Coon Lake Beach and the Redevelopment District on Central Avenue between 209th and 221 st Avenues. Activities include acquisition, clearance, relocation disposition and assistance to businesses as appropriate. Fridley 928 Commercial Rehabilitation and $ 6,595 2 Acquisition Incentive loans to businesses to improve the blighted conditions of commercial property wherever individual properties may qualify. Fridley 930 Riverview HeiQhts Park Development $68,236 2 Elimination of the residences in the flood plain section of the City along the Mississippi north of Rice Creek and south of 79th, 0 - 3 - OCITY TARGET PROJECT OBJECTIVE AREA NUMBER PROJECT BUDGET MET Fridley 933 Public Service Pool $34,068 6 Grants to public service agencies who serve primarily low income households/persons. Actual recipients to be determined at a later date by the City Council. Ham Lake II 971 Senior Center $120,174 3 Construction of a senior center at 15544 Central Avenue, Hilltop IV 913 Community Center $22,508 3 Construct community center in Hilltop which is a lower income community by HUD definition. Lino Lakes II 941 Senior Coordinator $ 4,500 6 Staffing of senior recreation program. Lino Lakes II 942 Economic Development Planninq $17,037 7 Feasibility studies for proposed qr;("':r-o.cmic de'j:;loDr!"".er4 !r ~~9 c:t'l Funos for this project dependent on the availability under HUD percentage limitations for planning/administration expenses. Linwood III 973 Senior Center Addition $49,339 3 Township Addition of 800 square feet, air conditioning and fixed dishwasher to existing facility at 22817 Typo Creek Drive, Oak Grove III 955 Senior Center Improvements $50,197 5 Township Improvements including but not limited to air conditioning, resurface of parking lot. sewer cover, landscaping and handicapped ramping at 19900 Nightingale Boulevard. Ramsey II 958 City Hall Accessibilitv $25,011 5 Ramping and electrical doors to allow handicapped accessibility in city hall at 15153 Nowthen Boulevard. 0 - 4 - OCITY TARGET PROJECT OBJECTIVE AREA NUMBER PROJECT BUDGET MET Spring Lake II 944 Central Center for Familv Resources $11,000 6 Park Grant to agency providing counseling services to low income families and individuals. Multi-City 978 Alexandra House $24,750 6 Grant to shelter for battered women and their children. Location not published for client protection. (Supported by Anoka, Blaine. Coon Rapids, Uno Lakes, Spring Lake Park,) Multi-City 982 Anoka Retarded Citizens $9,088 6 Support for mentally retarded young adult drop-in center and toy lending library (supported by Coon Rapids. Blaine, Spring Lake Park), Multi-City 983 RISE Addition $49,500 6 Addition of 37,000 square feet of office, production and warehouse space to th~ existing srp1ter",rl. wod<c;rcp for tr alr,ing ana employment of handicapped individuals (supported by Anoka, Blaine, Columbia Heights, Coon Rapids, Uno lakes, Spring Lake Park). County 976 General Administration $99,000 Cost of general administration of the Community Development Block Grant Program. ~, 977 Countv Economic Development $63,000 ' 4 Activities to support economic development County-wide may include planning, implementation or loans to businesses. o - 5 - OCITY TARGET PROJECT AREA NUMBER PROJECT BUDGET OBJECTIVE MET 979 County-wide County Housina Rehabilitation Rehabilitation of residential property occupied by lower income persons/households. properties are eligible for repairs which address health, safety, energy efficiency, and accessibility. These funds may be used in conjunction with other State and Federal Programs. $170,000 4 Uses By Category: Public SeNice Plan ning/ Administration Slum/Blight Low/Moderate Benefit o Proaram Income - Economic $150,000 Development Current policy is continued use in program which generated the income - estimated actual budget developed as received, Proaram Income - Housina $35,000 Rehabilitation Continued use for housing rehabilitation - estimated, actual budget determined as ;;!ce;'/ed. Total Sources HUD 1989 Allocation Program Income Prior Year Carryover $1,448,013 $1,243,000 $185,000 $20,013 $160.706 $269,037 $155,748 $1,023,228 13% of HUD allocation 1 9% of total budget 13% of total budget 87% of total budget - 6 - o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE June 6. 1989 AGENDA SECTION NO. Add On ORIGINATING DEPARTMENT Building ~ BY: Dave Almgren ~~~~ FOR BY: ITEM Approve Temporary Mobile NO. Home Permit 11 I The City Council is requested to approve a temporary mobile home permit for William and Kathleen Hupp, 1650 Andover Boulevard N.W. The Hupp's home was burned Friday evening and they wish to live in a mobile home while their house is being rebuilt. They are aware that the mobile home needs to be connected to the well and septic system and that the permit is good for 90 days, with one 90 day renewal. Attached is a copy of their request. COUNCIL ACTION C. MOTION BY TO SECOND BY 0.,. !I i I: Ii Ii .'. '9t.~J1JL-.5; /0,7/ c; . ,~._u_~_'_ _ . __.__ .__ ....n_.___~.. ....-....-.......,,,.. t... · i;a~C:j:; ~;;[}j;,~tj1;(i~~~~~~~~~-=~=~~~~_~~_ . .ijJ'~ .k-- :d~;.~;.~~;;;)<_];;~(,.~L~~._. ... ... ....,V2i.. . -. ~ ..:ZtyLL~1~-P~._~ ..._- ._,_.,.-~I: k~~V',t.-:t.~~~(g~] ~.d4V,-,-,~,..A,(,,'C(:')r::4tt~ .('~ ..--'-i1C!U<L...~e0z!:z:2.Mz~d..__.__.... ... ., _.', ._. __,_., !_._,,/IeS{), 01idc1JK-Gc.,t&,",,~{/r.l!j{tJ,....a(!~{s~...-:m..___..._..._..__",. ! .-'.. .-,- -,~.-._--_..~,..,_... .. .__l~J/;1 )1i1e;r;;~?:;~L7'~~~a-:;Z.~@~d{i~~~=_~~....... ..... -.--j~4. ~;,g-LZ~_...._.__..___~____.__..._._ ...~...=..=... r:F~:..6rCff;:...=:.=:..:._=....=~====:==== -:.==}ff~:~~:~=:-:~=~~_==~-_==-=-=~-~.= .... ..,..->--. .'- .--.... ,-' ...~.~-~_.~....-,-" 't... ..~__.........n._~_._.._._.._..M. . .. _~_.., " ..... ..-____.~.... -... ~.,...-..-...._..._-~.__.~-........__.......~.__.~._--,-~------<-~--,.-.~<_.- ~,.~__~~.___ .-....~.~..... m_,__'.. '---",--" -., ,..... - "'.~'-. '.-.-' ,'.-...-......~", i." .....~.",..~._-"..._----..~_..-. .. - ...- .._--,~. ~,.,,, .. -.._~."_....-...-...-._-.,.--....... '_w..' ....~.~...~....... --"...~..~... .._..'_._..__._~..____.._.._..,._,~_",._.._.~n.....~.~..~.__.-~-"....~..._,-.~, '-- ~..'~""'" ~ I . . _'. .......q...,.........--.. -to ,.._......n., ._....-.,.~....~"..'.. ,....~.. I ..-'~ ..............-...__"...__, ~..._.~...._~".._~_~.~.,...-'..._. ...... ..___~.... .u,.._.'.......n.._._,^'_...._.~....____.., I i . _ ..__........._.... ,_ ......_. .,....___~.....w_~.,,_.._._^__...'".. . .- - ..... .." .... -. ..~_._-...._._"..... i',..._k...~_~'k.._....~__.._-._P o -,.,~.." '.,....,..............,...., j ......... ....... ...--.-----... ,i.....................----.....-.. I i __k__", ..____.... _ ~__~...__. _ _p._....._._......__k .. ...._. o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE June 6. 1989 ITEM NO. Accept Resignation/ J. Flamo l2. BYY. Volk ~\. AGENDA SECTION ORIGINATING DEPARTMENT NO. Staff, Committee. Comm. Admin. The City Council is requested to accept the resignation of Jeff Flamo from the Park and Recreation Commission. Mr. Flamo would like to be an alternate in the event that his work situation changes and he is able to spend more time as a Park Board Commissioner. Attached is a copy of his letter of resignation. MOTION BY TO COUNCIL ACTION SECOND BY MAY 18, 1989 o CITY of ANDOVER ATI'N: CITY CLERK 1685 CROSSTOWN BLVD. N.W. ANDOVER, MINNESOTA 55304 RE: PARK BOARD COMMISIONER POSITION TO WHOM IT MAY CONCERN, It has become impossible for me to make the Park & Recreation Commission meetings; due to so much overtime at my position with the City of Minneapolis. At this time I would like to be made an alternate, because even thou my time on the board has been brief it has been enjoyable. I believe it is all our responsibilty to take part in our community. Please let me know your decision on this matter. THANK YOU, JEFFREY LEE FLAMO o o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION NO, DATE ORIGINATING DEPARTMENT June 6, 1989 ITEM NO. Staff, Comm., Commissio Approve Kennel License/ Prior Admin. FOR 13. BY: V. VOlk~~' The City Council is requested to approve the kennel license renewal for Penny Prior, 17041 Crocus street N.W. Dave Almgren has made an inspection of the property and everything seems to be in order. Ms. Prior has 11 dogs. MOTION BY TO COUNCIL ACTION SECOND BY o DOG KENNEL LICENSE APPLICATION Name flnn. L) Address Jif.DL// Ut ~ r- o.ro(' J J <:. ~S(;-, N (J.J I Telephone Number 1'-1 3- 3/ tV t Number of Dogs ,/ Kennel NameJe.nn.jLo.Yl c:> C\,. L'rn..$ **************************************************************** For New Licenses, Please Provide the Following Information. Property Size Method of Waste Disposal Will facility be used for training dogs? Number of employees ***************************************************************** *' Attach a scaled drawing of the property and structures affected showing: scale and north arrow; 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. Fee: New License $160.00 Renewal $25.00 Fee Paid: 5-7-[7 Date - Special Use Permit Fee 30 ~g <{- Receipt Number Council Action: Approved Denied o 1<- ~ a.ltu...c-hecL -k hoill~j ~s k-eYlfl eJe L /n.s/cL e , o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE June 6, 1989 AGEND~t~~!O~ommittee, NO. .. Comm~ss~on ORIGINATING DEPARTMENT Engineering FOR ITEM Extend Leave of NO. Absence/W. Patchen 14. BY: James E. Schrantz The City Council is requested to extend Wayne Patchen's leave of absence to July 5, 1989. We will need a doctor's letter stating Wayne can return to work at full capacity. He had a slight heart attack in early May. We will sit down with Wayne to evaluate his situation. We will try to find someone to fill his position for the month of June as Brian has been filling Wayne's position. MOTION BY TO COUNCIL ACTION SECOND BY o I I I I I I "..;j ~ 2 \..::-/ 6 ;;(--'7. i/+ .. /.. ,/.-(J.J''t.......... <.-/ I/.,f t . 'J 4'/' I t/f" ' ~, ,t,;;;,....-, ' ::~,'.,~_,.:io-....,j'._. ""(I' 0.,.;.. ,/6 ..,.~',..'1..,' '~I ...ZYi".. ......,.. );2 "tf//" ,::C'/I-'~rt.>, ~'7:"'J ";'/' / 1_ 1,/1' ?".." 0/ J ,//I-8--v1-~'/.J..."e:..~l,.,f{) ""rl.-J""~f..,-v .,~ );1 V (j1-tt..~ t."tCJ.C,./J :co ,"_~,.._\.~_.t./J _k, ~t:~...... ,r,^-'""_L~~~.;J,:1 ~Q-J ~ I. . L t?L- ~ n ./) ~L.. If j! --J!I' ~'.O. r') ...-:c..,t...... -4,' .-L-<:....(I...v...::/... f:.J 7; '1,..Ja ._r-fV- ~j~ L..-O,..........,A-<<.-, ~'-/ !. .....-0'(."'-0- <...>-.e..i)ct..<. ~P....t,'..r;,,,- :1 ,r.c> .Iy' /!l2..~ ;!~ /' I _ I I r JI /' / --1-'.-/ . if...t.,..1,..,~ ~ (7.,v-.--t '"'Lt.J".,~.[!.A.-/'i'J"_v-,- (--}," ..l......WfL...::1.,.. VJ~, o o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE June 6, 1989 ITEM NO. Approve House Burn 1832 Bunker Lake Blvd. ORIGINA:rING DEPARTMENT Plannlng Jay Bla~anner BY: ke ~i ty PI FOR AGEND.60P~8JIJ>J'lion Items NO. REQUEST The Andover City Council is asked to review the enclosed resolution that allows the Andover Volunteer Fire Department to burn the dilapidated home at 1832 Bunker Lake Boulevard. BACKGROUND The City will use CDBG funds to remove the debris and clean the lot. I will have a copy of the signed agreement at the meeting for your review. MOTION BY TO COUNCIL ACTION SECOND BY AGREEMENT o between THIS AGREEMENT made this day of , 19__, by and hereinafter callen the "Owners" and the City of Andover, Anoka, County, Minnesota, hereinafter referred to as the "City", WITNESSETH: WHEREAS, the following are the owners in fee of the following described parcel: WHEREAS, a hazardous building is located on the above described parcel, such building being described as fonows: WHEREAS, it is desired by the owners that the above described hazardous building be razed by the City's Volunteer Fire Department. IT IS HEREBY AGREED: 1. That the City of Andover Volunteer Fire Department shall forthwith raze the hazardous building described above. 2. That the owners will assume all liability for any damages which might be occasioned by the razing or destroying or removal of said building or buildings, and consent that the building may be destroyed by burning as a training project for the City of Andover Volunteer Fire Department, with the understanding that the City of Andover Fire Department will exercise reasonable caution in so destroying said building by fire. 3. That the City of Andover, its Volunteer Fire Department, its agents and employees, and anyone acting in behalf of the City or the City Fire Depar,tment shall not be liable, in any way, for any damage to or destruction of trees, shrubs, grasses, plants, other structures, any items located or contained upon the property on which the hazardo~s ~ilding is located or any of the contents in the razed building or in any other structure located on the property_ Qle 4. That the owners assert, by executing this agreement, that they are the fee owners of the property and building to be razed, and that there are no others who have any interest therein, or lien theron, and that should either the City of Andover, its Volunteer Fire Department, any agent or emfllo.v~e, cr <3,ny !Jcrson ilctinet in behalf of the Fire Deparment, become liable or exposed to liability in any way, to anyone else who may have an interest in the premises, that the owners shall save the City and others identified above harmless therefrom. IN ~JITNESS l</HEREOF, each of the parties hereto have caused this agreement to be excuted as of the day and year first above written. IN THE PRESENCE OF: SIGNED : Mr. Mrs. Owners IN THE PRESENCE OF: SIGNED: CITY OF ANDOVER Mayor City Clerk o o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION ITEM NO. Appoint LRT Committee Members 16. DATE ORIGINATING DEPARTMENT Administration Cf~ BY: James E. SChra~ June 6, 1989 AGENDAS~5!~?Ncommittee, NO. " CommlSSlon The City Council is requested by Paul McCarron, Chair of the Anoka County Regional Railroad Authority, to appoint two representatives to the LRT study Committee. See attached letter from Paul McCarron. MOTION BY TO COUNCIL ACTION SECOND BY o o ~ C,c., ~/81 ANOKA COUNTY REGIONAL RAILROAD AUTHORITY (ACRRA) Paul McCarron, Chairman Dan Erhart Natalie Haas Steffen Nick Cenaiko Margaret Langfeld, Vice Chairman Bob Burman Jim A. Kordiak May 22, 1989 HI:~ ~:1~9ED- Mr. James E. Schrantz Administrator, City of Andover 1685 Crosstown Blvd. N.W, Andover, MN 55304 CITY OF ANDOVER Dear Mr. Schrantz: Several weeks ago I informed you that the Anoka County Regional Railroad Authority approved the Stage I Comprehensive Light Rail Transit System Plan for Anoka County. At the recommendation of the various committees that worked on the development of the Comprehensive Plan and at the specific request of several cities north of Northtown, the Anoka County Regional Railroad Authority entered into contract with SRW, Inc. to study alternative LRT routes north of Northtown, specifically Highway 10 and Highway 65. We are now prepared to begin the study of alternative routes north of Northtown and are asking your City Council to appoint two persons from your community to represent the City of Andover on this committee. We are requesting that the Mayor or his designee and another person from staff or the community be appointed. The first meeting is scheduled for Friday, June 16, 1989 at 8:00 a.m, at the Spring Lake Park City Hall. It is anticipated that the committee will meet approximately six times with meetings three to four weeks apart. We are very interested in the City of Andover's participation on this committee as Anoka County continues to develop our transportation needs for the future, I would ask that you would please inform Mr. Tim Yantos, Deputy County Administrator, Anoka County Courthouse, 325 East Main Street, Anoka, MN 55303, telephone 421-4760, of the City of Andover's appointments to this committee. We look forward to working with you and members of your staffing community as we begin planning for Light Rail Transit north of Northtown. As always, should you have any questions, please do not hesitate to contact me, Sincerely, (YJ Paul McCarron, Chair Anoka County Regional Railroad Authority PM:db cc: Anoka County Regional Rail Authority John 'Jay' Mclinden. County Administrator Tim Yantos, Deputy County Administrator Elwyn Tinklenberg, Administrative Specialist Martha McPhee, Assistant County Attorney Q Telephone (612) 421-4760, extension 1171; Fax (612) 422-7511 Anoka County Courthouse, Administration Office, 325 E. Main Street, Anoka, MN 55303 o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION ~g~NDAS~~l~?NCommittee Commission DATE ORIGINATING DEPARTMENT June 6, 1989 ITEM NO. Turf Establishment Engineering 17 Todd Haas ",1~ BY: The City Council is requested to review the attached letter from TKDA regarding turf establishments in the following areas: Crosstown Blvd Woodridge Acres Shady Knoll The Oaks (87-3) (87-4) (87-7) (87-29) MOTION BY TO COUNCIL ACTION SECOND BY r&DA T.oL TZ. KING. OUVALl. ANDERSON AND ASSOCIATES, INCORPORATED ENGINEERS ARCHITECTS PLANNERS 2500 AMERICAN NATIONAL BANK BUILDING SAINT PAUL, MINNESOTA 55101.1893 612/292.4400 FAX 612/292.0083 June 1, 1989 Honorabl e Mayor and Cliy Council Andover, Minnesota Re: Turf Establishment Crosstov n Boul evard (87-3) Woodrldge Acres (87-4) Shady Knoll (87-7) The Oaks (87-29) Andover, MI nnesota CommIssIon No. 8179-05 Dear Mayor and Council: Attached Is a copy of a letter sent to the Cliy CouncIl on November 1, 1988 detailing the lack of turfestabl Ishment on the above referenced projects. Jordan LandscapIng Is stIli disputing our quantities, and Is not wIllIng to replace any dead sod. We paid Jordan Landscaping for less than 65% of the sod they placed due to placement too late In the spring, or low placement qualliy. ResI dents of the areas al so expressed sane concerns over the maintenance of the sod on the projects. As noted In the previous letter, the remainder of the sod areas were placed and maIntaIned according to specifIcatIons, but died due to the extremely dry conditIons last summer, campi Icated by watering bans and lack of maintenance by the haneovner. ThIs sod has, In fact, died due to an act of God, and the Cliy therefore Is responsible to decide how to provIde turf establishment. All seedIng areas are required to be reseeded by Jordan LandscapI ng at no cost to the Cliy. " o We have had numerous discussions with turf specialists this winter and sprIng, and contrary to our recommendation last fall, sod removal and replacement was recommended as the best alternative. Since much of the sod never rooted, seeding over the dead sod probably wll I not create a stable establishment. Bid prIces for sod have been running about $1.40/SY. With an additional 25 to 40 cents/yard for dead sod removal, It woul d cost approximately $1.65 to $2.00/yard or approximately $16,500 to $20,000 for removal of 10,000 SY. The quanti iy I s hard to estl mate sl nee sane areas are margInal. Also sane residents lost their entire yard due to the o o Honorable Nayor and City Council June 1, 1989 Page 2 drought and/or lack of maintenance. Deciding where sod replacement starts and stops will be a difficult task. Many of the residents were notified that the maintenance of the sod after 60 days was their responsibility, and the sod grew well In yards where resl dents watered. Sane funding possibilities are as follOll's: Over $2,200 Is left In the engineering accounts of the residential developnents. Approximate $5,600 is left In the engineering accounts of HII Is of Bunker Lake Projects 87-2 and 87-22 Over $5,500 Is left In the engineering account of Trunk Project 87-3B, CroSStOll n Blvd. Since many residents lost sod due to lack of maintenance, some assessments may be practical. Seeding or sodding Is not recommended fran nOlI' until the middle of August unless the areas are wel I maintained. We recommend, putting together a bid package for August sodding, with funding possibilities to be reviewed prior to the bl d. J ffi/ mha Enc! osure ~DA T.Ol T2. KING. DUVALL. ANDERSON AND ASSOCIATES. INCORPORATED ENGINEERS ARCHITECTS PLANNERS 2!lOO AMERICAN NATIONAL BANK BUILDING SAINT PAUL. MINNESOTA 5510\ .1893 G12 -792....400 FAX 612/292-0083 November 1, 1988 Honorabl e Mayor and Ci ty Counci I Andover, Minnesota Re: Turf Establ ishment CrosstOn'n Soul evard (87-3) Woodridge Acres (87-4) Shady Knoll (87-7) The Oaks (87-29) Andover, Minnesota Commission No. 8179 Dear Mayor and Council: We have been rev lew I ng the I ack of turf establ I shment on the above referenced projects. Of the 14,230 SYof sod placed on the projects, less than hal f appears to be established. Vi rtually all seeded areas are substantl ally grassl ess. Of the 14,230 SY of sod pi aced, Jordan Landscaping has been paid for 9,170 SY, or less than 65% of the total sod placed. The reduction Is for sod placed which does not meet our specl f Icatlons for grOn' Ing time or pi acement quality. The remaining dead sod areas were placed and maintained according to specifications, but died due to the extremely dry conditions this summer, compl I cated by water I ng ba ns and I ack of ma I ntenance by the horneOn' ner. Th is sod has, I n fact, dl ed due to an act of God, and the Cl ty therefore Is responsl bl e to decl de hOn' to prov ide turf establishment. All seedl ng areas are rEX:jul red to be reseeded by Jordan Landscapl ng at no cost to the Ci ty. Jim Schrantz, Rich Jordan, Del Zentgraf and I have rev lewed the alternatives and have recommended two options for replacing the dead sod areas. The first Is to remove and replace al I sod. The cost to do this Is estimated at $20,000. Under this option we may have difficulty In deciding which areas should be resodded, and would expect to receive compl alnts from residents whose sod Is not replaced. The second option Is 1'0 cover the exi stl ng sod areas with 1/2" of pul verized topsoil for beddi ng and reseed. This option would rEX:julre minimal disturbance of existing turf establishment, and woul d allCf<! the I andscaper to more judl cl ousl y re- establish grass In areas with Intermittent dead spots. The estimated cost for this option Is $5,000. o o o Honorabl e Mayor and City Council Andover, Minnesota November 1, 1988 Page Two We recommend the second opt Ion for prov i dl ng turf estab I I shment I n dead sod areas as the least cost alternative. It Is estimated either option would require 5 to 7 working days to complete, and therefore, may require completion in the spring. JFR:J The City Council is requested to schedule a Work Session to discuss the following items: CITY OF ANDOVER o REQUEST FOR COUNCIL ACTION June 6, 1989 DATE ORIGINATING DEPARTMENT AGENDAS~~~V~Ncommittee, NO. C . . ommJ.ssJ.on Engineering ITEM NO. 18. Schedule Work Session BY: James E. Schrantz Red Oaks/Kensington Storm Drainage Finance Items: *Status of Computer and Accounting System *1990 Budget *Assessment Policy - City Holding Assessments *Bonding Procedure *Laptuta Property & New City Hall *Financial Consultants *Banking in Anoka *Trust Fund *Authorized Banking Transaction Personnel Union Agreement/Salaries Oak Wilt/Disease Program TIF Policy Disaster Plan It looks like we need two or three work sessions. MOTION BY TO COUNCIL ACTION SECOND BY o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE June 6, 1989 ITEM NO. Receive Petition/173rd & Navajo, cont. 19. BY: James E. Schrantz FOR AGENDA SECTION NO. " Non-Dlscusslon ORIGINATING DEPARTMENT Engineering The City Council is requested to table this item until June 20th as I haven't completed working on some ideas for the improvement. MOTION BY TO COUNCIL ACTION SECOND BY o o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION June 6, 1989 DATE AGENDA SECTION NO. FOR ORIGINATING DEPARTMENT ITEM NO. Non-Discussion Items J. J.on Hidden Creek East 2nd Addn. 20. BY: James E. Schrantz Engineering The City Council is requested to approve the resolution declaring the adequacy of petition and ordering the preparation of a feasibility report for watermain, sanitary sewer, storm drain and streets for Ridden Creek 2nd Addition, proposed Project 89-17. The escrow amount is $1,000. The petition is 100%. There is watermain in 133rd Avenue that was constructed by Coon Rapids. Also, 133rd Avenue will be assessed to this area (see Item 24). COUNCIL ACTION MOTION BY TO SECOND BY o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilman to adopt the following: A RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF A FEASIBILITY REPORT FOR THE IMPROVEMENTS OF WATERMAIN, SANITARY SEWER, STORM DRAIN AND STREETS WITH CONCRETE CURB AND GUTTER PROJECT NO. 89-17 , IN THE HIDDEN CREEK EAST 2ND ADDITION AREA. WHEREAS, the May 19, 1989 improvements; and City Council has received a petition, dated , requesting the construction of WHEREAS, such petition has been validated to represent the signatures of 100% of the affected property owners requesting such improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover that: 1. The petition is hereby declared to be 100% of owners of property affected, thereby making the petition unanimous. 2. Escrow amount for feasibility report is $1,000.00 3. The proposed improvement is hereby referred to TKDA and they are instructed to provide the City Council with a feasibility report. MOTION seconded by Councilman and adopted by the City Council at a Regular Meeting this 6th day of June 19 89 ,with Councilmen voting in favor of the resolution, and Councilmen voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: James E. Elling - Mayor Victoria Volk - City Clerk o GOOD VAWE HOMES R~~ :211~91U May 19,1989 Jim Schrantz, City Administrator City of Andover 1685 Crosstown Blvd. Anoka, MN 55303 CITY OF ANDOVER Dear Mr. Schrantz: Good Value Homes does hereby petition for improvements by the construction of water mains, sanitary sewers, storm sewers and streets with concrete curb and gutter and the cost of the improvement to be assessed to the benefit of properties, which are Lots 1-12, Block 5; Lots 14-19, Block 4; Lots 1-11, Block 8; Lots 8-19, Block 7; according to the Preliminary Plat for Hidden Creek East. We would propose to call this project Hidden Creek East Second Addition. The above petition is unanimous and a public hearing may be waived. I would request that the feasibility report be prepared for acceptance as soon possible. R. Peterson ctor of Development . o GOOD VALUE HOMES. INC. . Registered Builder' 1460 93rd Lane N.E., Blaine, MN 551:14-4396 . Phone: (612) 780-5510 o ADD TO ITEM #20 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION ITEM NO. Report/Order Improvemen s and Plans & Specs 20. BY: DATEJune 6, 1989 ORIGINATING DEPARTMENT Engineering James E. Schrantz AGENDA SECTION NO. Non-Discussion Items The City Council is requested to approve the resolution accepting the feasibility report, waiving the public hearing, ordering the improvement and directing the preparation of plans and specs for Hidden Creek East 2nd Addition, proposed Project 89-17. A feasibility report was prepared for Hidden Creek East entire preliminary plat. This is the 2nd phase or addition. We have received the $1,000 escrow for the feasibility report. MOTION BY TO COUNCIL ACTION SECOND BY CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA o RES. NO. MOTION by Councilman to adopt the following: A RESOLUTION ACCEPTING FEASIBILITY STUDY, WAIVING PUBLIC HEARING, ORDERING IMPROVEMENT AND DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF PROJECT 89-17 FOR WATERMAIN, SANITARY SEWER, STORM DRAIN AND STREETS WITH CONCRETE CURB AND GUTTER IN THE FOLLOWING AREA HIDDEN CREEK EAST 2ND ADDITION. WHEREAS, the City Council did on the 6th day of June 19 89 , order the preparation of a feasibility study for the improvements; and WHEREAS, such feasibility study was prepared by presented to the Council on the 6th day of June TKDA and , 19~; and WHEREAS, the property owners have waived the right to a Public Hearing; and WHEREAS, the City Council has reviewed the feasibility study and declares the improvement feasible, for an estimated cost of $404,000.00 .. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby receive the feasibility report with an estimated total cost of improvements of $ 404,000.00 , waive the Public Hearing and order improvements. BE IT FURTHER RESOLVED by the City Council to hereby direct the firm of TKDA to prepare the plans and specifications for such improvement project. BE IT STILL FURTHER RESOLVED by the City Council to hereby require the developer to escrow the sum of $ 20,000.00 with such payments to be made prior to commencement of work on the plans and specifications. MOTION seconded by Councilman City Council at a 19 , with Councilmen Meeting this and adopted by the day of voting in favor of the resolution and Councilmen voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: o James E. Elling - Mayor Victoria Volk - City Clerk o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION NO. DATE ORIGINATING DEPARTMENT June 6, 1989 Non-Discussion Items Engineering ITEM Ward Lake Dr./Tulip NO. street 21. BY: James E. Schrantz The City Council is requested to approve the resolution accepting bids and awarding contract for Projects 89-1, Ward Lake Drive and 89-2, Tulip Street. We have included a change in the storm drainage on Tulip Street so we don't have to construct a storm drain pipe through Huber's property and discharge into his pond. The storm drainage pipe will take the storm water to 58, then down the ditch. The Council is requested to award subject to the City receiving all the signed easements. 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 ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 89-1 FOR STREET CONSTRUCTION IN THE AREA OF WARD LAKE DRIVE, CROSSTOWN TO 173RD. WHEREAS, pursuant to advertisement for bids as Council Resolution No. 071-89, dated April 18 bids were received, opened and tabulated according results as follows: set out in , 19 89 , to law with- Forest Lake Contracting W.B. Miller, Inc. 89-1 $296,769.30 $336,472.00 $347,011.10 Hardrives, Inc. $372,812.05 $415,750.56 $430,646.70 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Forest Lake Contracting as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Forest Lake Contracting in the amount of for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Councilman and adopted by the City Council at a Meeting this day of , 19 , with Councilmen voting in favor of voting the resolution, and Councilmen against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: James E. Elling - Mayor Victoria Volk - City Clerk o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilman to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 89-2 FOR STREET CONSTRUCTION IN THE AREA OF TULIP STREET, 169TH AVENUE TO COUNTY ROAD 58. WHEREAS, pursuant to advertisement Council Resolution No. 072-89, dated 19 89 , bids were received, opened and wi~esults as follows: for bids as set out in April 18 , tabulated according to law Hardrives, Inc. $372,812.05 $415,750.56 $430,646.70 89-2 $76,042.75 $79,278.56 $83,635.60 Forest Lake Contracting W.B. Miller, Inc. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with in the amount of for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Councilman City Council at a and adopted by the Meeting this day of , 19 , with Councilmen voting in favor of voting the resolution, and Councilmen against, whereupon said resolution was declared passed. CITY OF ANDOVER James E. Elling - Mayor c:> ATTEST: Victoria Volk - City Clerk o CITY OF ANDOVER Non-Discussion Items REQUEST FOR COUNCIL ACTION June 6, 1989 DATE ORIGINATING DEPARTMENT Engineering ITEM MSA Resolution/ NO. Signals 22. "f,v-. FOR AGENDA SECTION NO. BY: Todd J. Haas i The city Council is requested to approve the resolutions for expenditures off the Municipal State Aid Street System and onto the County State Aid Highway System for the following intersections: 1. 161st Avenue NW (MSA 198-020-04) and C.S.A.H. 7 ($32,400.00). 2. 135th Avenue NW (MSA 198-020-05) and C.S.A.H. 9 ($32,400.00). MOTION BY TO COUNCIL ACTION SECOND BY o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE EXPENDITURES OFF THE MUNICIPAL STATE AID STREET SYSTEM AND ONTO THE COUNTY STATE AID HIGHWAY SYSTEM WITHIN THE CITY OF ANDOVER. WHEREAS, it has been deemed advisable and necessary for the City of Andover to participate in the cost of a construction project located on (T.H.) (C.S.A.H.) No. 7 within the limits of said municipality; and WHEREAS, said construction project has been approved by the Commissioner of Transportation and identified in his records as (S.P.) (S.A.P.) No. 198-020-05 NOW, THEREFORE, BE IT RESOLVED: that we do hereby appropriate from our Municipal State Aid Street Funds the sum of $32,400.00 dollars to apply toward the construction of said project and request the Commissioner of Transportation to approve this authorization. Adopted by the City Council of Andover this 6th day of June , 19~. CITY OF ANDOVER ATTEST: James E. Elling - Mayor Victoria Volk - City Clerk o o CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE EXPENDITURES OFF THE MUNICIPAL STATE AID STREET SYSTEM AND ONTO THE COUNTY STATE AID HIGHWAY SYSTEM WITHIN THE CITY OF ANDOVER. WHEREAS, it has been deemed advisable and necessary for the City of Andover to participate in the cost of a construction project located on (T.H.) (C.S.A.H.) No. 9 within the limits of said municipality; and WHEREAS, said construction project has been approved by the Commissioner of Transportation and identified in his records as (S.P.) (S.A.P.) No. 198-020-04 NOW, THEREFORE, BE IT RESOLVED: that we do hereby appropriate from our Municipal State Aid Street Funds the sum of $32,400.00 dollars to apply toward the construction of said project and request the Commissioner of Transportation to approve this authorization. Adopted by the City Council of Andover this 6th day of June , 19 89 . CITY OF ANDOVER ATTEST: James E. Elling - Mayor Victoria Volk - City Clerk o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION AGENDA SECTION NO. DATE ORIGINATING DEPARTMENT June 6, 1989 ITEM NO. Approve Hiring Public Works Employee 23. BY: James E. Schrantz Non-Discussion Items Engineering The City Council is requested to hire Brian Kraabel for the Public Works II Employee position at $10.00 per hour with a $.50 per hour increase after satisfactorily completing a 6 month probation period. We interviewed 4 applicants. The others were Randy Kloepper, Dan Rundell and Alfred Lumppio. Brian is working for the City now filling Wayne's position. We are very impressed with his knowledge and experience. MOTION BY TO COUNCIL ACTION SECOND BY o CITY OF ANDOVER REQUEST FOR COUNCIL ACTION' DATE June 6, 1989. AGENDA SECTION NO. 24. BY: James E. Schrantz ITEM NO. Hearing/86-21/ 133rd Avenue Non-Discussion Items er ORIGINATING DEPARTMENT Engineering The City Council is requested to approve the resolution declaring cost and directing preparation of assessment roll for improvement of watermain, sanitary sewer, storm drain and streets for Project 86-21, 133rd Avenue and Jay Street area. Water and sewer were constructed to serve the Good Value property. Street to serve the Good Value property and Shamrock Builders property. Storm drainage to serve the property along 133rd Avenue and a number of properties along Jay Street. See attached maps. NOTE: The storm drainage lateral rate that Coon Rapids assessed went from an estimated cost of $1152/acre to $2303/acre. See Bill ottensmann's attached explanation. MOTION BY TO COUNCIL ACTION SECOND BY D E C E-rV I::D-;;-- OJ iVlA Y 2 6 1989 May 23, 1989 CITY OF ANDOVER Jim Schrantz City of Andover 1685 Crosstown Boulevard Andover, MN 55304 Subject: Increase in the Amount Owed by the City of Andover for Project 86-38 Dear Jim: In our Joint Powers Agreement of May 26, 1987, under Paragraph 4, our estimated cost to the City of Andover was given as $264,644.00 of which $116,860 was for storm drain. As stated in the agreement the actual cost may vary and shall be the cost for which the City of Andover will be responsible. Unfortunately the cost of the storm drain system constructed, which serves areas of Coon Rapids as well as Andover, has come in over the original estimate. The original costs for the system were based in our best guess as to how the area would develop and how much of a system it would take to serve the area. With the development of the Good Value Homes property in Andover and the Oaks of Shenandoah areas in Coon Rapids, the actual system needed to provide proper drainage could be constructed. This system is, however, larger than that originally anticipated which means it costs more. This higher cost and an overall unchanged area of benefit results in a higher cost per acre which in turn means more money owned by both Coon Rapids and Andover. Based on the Andover acreage served by the storm drain this increased rate results in an increase in Andover's share of some $32,000.00 The City of Andover's cost sharing in watermain, sanitary sewer and street changed very little from the time of the original estimate. They were estimated to cost the City of Andover $147,500.00 ~ and came in about $2,800.00 over. If you need any additional information, please don't hesitate to call me. o Yours truly, LJ~ VZ ()~~ William R. Ottensmann City Engineer 1313 COON RAPIDS BOULEVARD, COON RAPIDS, MINNESOTA 55433-5397 (612) 755-2880 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. o MOTION by Councilman to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF WATERMAIN, SANITARY SEWER, STORM DRAIN AND STREETS FOR PROJECT NO. 86-21, 133RD AVENUE & JAY STREET AREA. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, a contract has been entered into for the construction of the improvements and the contract price for such improvement is $110,659.23, and the expenses incurred or to be incurred in the making of such improvement amount to $38,780.91 and work previously done amount to $149,017.07 so that the total cost of the improvement will be $298,457.21. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover, MN: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $ -0- and the amount of the cost to be assessed against benefited property owners is declared to be $298,457.21. 2. Assessment shall be payable in equal annual installments extending over a period of 15 years. The first of the installments to be payable on or before the first Monday in January 1990, and shall bear interest at the rate of 9 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, pieoe or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by 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, whereupon said resolution was declared passed. CITY OF ANDOVER 4:) ATTEST: James E. Elling - Mayor Victoria Volk - City Clerk EXHIBIT "A" r I ~l 'fui ~ ~ BUNK!" LA o ~~ ~~ '--- - ~ D y . Il ' . I I" . ~ :~~ ~~\ I'I~II {j/(~,/! IIII 1)\,: l~ . t-~ - ~ 1~ i " I i~" '~\1f \l;E ~ t:~' /1= E.,.;:~ /I{!i--; b5W .'" ITIIIIIIIli = 0 ~ ---::r:~t-t= - · WJ]]JJJJ 1= '-- ~, ,~I "-_ \\ ..........)., './--- = :..-\~ ", Ii;;;o ~ 1----. ) j ..l..j -.--' f' ~, \ 1/--.1 - t-- t\ .,,, ", H - ..l-J.-V.I - I--' f-- - , -I-- I ~ V'"'' -'" 1\ H ",,, H ,,- , ^-' ';-:::? -" t: ".. ". /:::j E ~., ~ /:Jl:.y ~\ \ \ I :JTT _ ~'</ .~'~ J -- ~~ ~ :::::: - {. ;:: r-/-r-o......L....J7f3'- F"'- ~ y., f "".:.J . ~. , ~I.A~ -=- ,,' , ~ TI7 f--:-i I JI'J/. ~"I~. 'M"-"i' 'Gj' x'"~ ~ l... . '-::-r. '''11 I I I f---:I ..,- / i \ ""r . , r' , "'., : l-----) ';'."'" ". J _'~' _ _':"_ _ '~. ~ ... I -.---r-----T o ~coo 5RAPI~ VVatermain Improvements /$25,440 ~~C;'I'II'''.',..,,;.::::, l' ' flil..'I" '~~'_"H'~" .~~~~:~ :~::'~~'\~~,~... ~:,"~:,::;<,;: ~ ~ ~ o 200 400 000 "OATH I .. I I I I I I City of Andover Benefit Area & Cost for Andover/Coon Rapids Joint Facilities , , I tIIIB ",,' : IW'I'n", ..... i,n... I ''', i u...I,..., ,.,,, "," 14lZ1 ,.... ..... :' ,'IiI. I I . i , , 1 .... I o _D I EXHIBIT "A" I J ~l " 8UtfICI!I ill ~ . , , , . .. , . ,. -----J . , - ~ , L..- ---I , r--- . y -----J t . 'Il . " , " ~ = ~~\\ I / V!& I. f- I I I I I I I /'>>. ..., t I ' -) r--::.. 7 ~ ~ nUll --. I I I \'y ',\, ~W I~v- = C:: j-:: M1= = K{-..j(j fJJJi- I I I I I I~, ' :::: = I; - .;P ff!if!1'---~ = ~ f---.\ .. HHfE[ffi r- - ~ -.....y r- I- _ . I- - G 1 t::1- , I-~ .........r-- \\ ----- '/'-- = -' ~ ~ - 1 I \\//1111 II "',,-~,= ':=:)\" :l~~ OJ] I I II '7rTTi I LJ I - =;,:..:: J I) r-f- r-r!' U r - - T r\ '''., I-\- '-- , ..l-'- - ,r _I- - lL "..-- , ....~ \--, ~ ~ jf~-- ;;""'1- "0') ,_ ,,'. _' _ __ ~ ~ -' - r--.. -., ~ ~' -~ . - - / ~ ~ .. ... S -, '--' t-- , '. .'" ,/ ~ !- '--..... I-'"'- ., ~ j ---.. =1' H-I \. \~ .... -./ I II I ..,.' . :-\ 'I-, If:::::h ~ I I J I~' 1m. m. I'"' m. 'Q i'" _ "11 I I I ' ., / ! '\0 "- Sanitary Sewer Improvements' /$3,321 " >J;~.~!a~~" :;;.:::,::~:::";' r- ~ ----.:- ~ l' o 200 .00 eoo NORT" ~I ~* auNIl:V1LAII;l! lIOUt.EYAAO Q .., .,11 '---- ~ , 'Il I, ! 'v ='~~\ '~ 1/1//11 ==:t~l~:~' 8~2=~ ~1WLII~~~> ==;:1' .', ' t::::: =, = ~r:fr7 J::H f- = ~~\ iJ1II;, = ' L- - ~ "',\~ ~y _ f--- ' ;- ." IIIIITTITl' :- - - / T ~ :::;, , t- - f--- ,", WJIIJID 1= ~ I~ - '1 t-- - '--- iv" ~'\ t= n........l'...J.--..;::) ~\ ~ "'-:/.............. ~r<I11 I I \ L { ( !!"" ,". : ~ 1"'IIO...IiI"....W. .....j f r~~ I .~~. I I I 'JjJ~~"2f': ':-,'."", . r-,1ld1r"4 ~~ ,....... I Flu I T 1'- =~'<(5.~~ ;:",[.11 tt,~ 1--1 ~ : u..;;,. > \ \),~ c:: ~ I II' '-', s:. ~.. II t:::\WJ:t! ~ " ~ '\ ~ ,.' / . . :;:;> ~ If ~ .:: -=- : ==.-3 Ill\- ;2' 'N.N~\ \ \ / ~/,T:...---:-< .~": [~1J: JL~?::r, \ ~ ~ IS _, --.7/...1,.1..~.1r _ N " "7... 1~ r-rr ).I\~ M _ '--1 h IQ' II ,..---:.../ I. 'IT \, 1-\ 1-, . f----!I H I I\"~ I H "",_J f0/' moo; m. ! i .~ i f\ - . R" H UJ ., f- F' ~ 43-0002 43"0003 43"0004 L.;.....I -~ ..-;v ) ID < ~ , Improvements /$127,743 $150,285 1: I .,,, [, , T 'I t .~''', .. .,. ..- ""1 - '..... ""':p: '~'I.." ",,, i"" : .., i I /.,.. l I u ' .. I I ...., ~"'" ",. O."~' _ _ _ __ _ _ /"----" 'I I." :~ '.u_ --I------T~. J' I I I I I City of Andover Benefit Area & Cost for Andover/Coon Rapids Joint Facilities I ' ..,nl,.., ~ ,.-, r-- , "" '~L-..i--.; .. o 200 400 1100 HORn'! (18' SECTION) (22' SECTION) Q JI J s: :) r:--:.;\\ ---... 1.J0- rf " \...'-'---..., t- i'." J " ~. ...... 1- ..;....." "" , I- _ ').:; 'j . 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I r4..,../I 71 :JA ~ - .\r: ~ .~ ~;:,. . ,\~.,~.-!.<!/!J.; ~'H~'~~ ~ - .. . ~,. .. -. :5 Dtr,.rx~ 6' ,- ~ . ~ ,. I. . ~ ~ IV.X':lI _'1.;r ,. I ~ iI K"'17.- ~ If . .~ I~~ ~~. '/.f.,Y,,~ "'71.;) P' , ~ ., .,.' : r...< 4t...h I~I(~€; ~ ., ". ~. . ~ .,.I:r.kr.r;\'~<\,,~,~J;:1'~~r::J?^ · ," ~ -=.. .." r it, 1 ~J. .I,\~.T'I..II\.I" .,/ ~~~~ ~ """""-L. HI' ~ ~ I .. ~ l.... .. rI .~,Z}."... 'r""'" - ,-- ~ I o!!.. ::;. ","UllIoI '1 ~-;/.;'i=:"~:'I~~..I~cl. ,'R~, ~IH.' ~~. ~. _. ,x\:I..1' x~. \ . . . , . . . ~ " ,W A H IG T 60 liij _ :ill"'" ~.. ItLS- 110. I ~Iil NO. 145 ~,. b1 ~ ~ .. = ~~.:.. ..... ".L' s~aai' ,,"' ~ ' ,".f' ~ I " U~~ . . ..,~r.~ rt') :I:~~I' ~ !!!_ ........ a / Ii en _ ' ... . ~. 6 I I!~' ~, l Z ~i =;- ,--' , , . . . '.z- , 0 , . - . I , -'.. ; II~ I ~I<I\f.'" '1- ,......// II.,. it r:ti~ '\'I>I- ' -// ~~ ~ ... H' . '/ ,..i ~ . JI. ,.. // ,'" , .,. ~f7 ~r/.. H4i~ ~ : ~~, ~... 1/1". . ~ ,~ '17-1 .' "41 .; ~ - . 1-, ".1 ~"~ I'j ..'.~~~ '0 . ~ )'" "\ ~ ",0./ f' '.; . I-::----'~ '. t:f-- . ':, .... ....,.. . . .~ ,~' ;: , , I~ . , . . ,.;' ,. . , , ~,; . ---j :510" ~I . ~ ~. \ / " JIi, .... eMU' ...!..r-:-. -:~ - ~ ~: , . :"1 I !1llQTm~1 ~ I~~ , ~ --------....-:- Mtl..~. ,rg~:rr./' '."- ;-tY....1 I~\:/.l"../ 4NOIU '<, ......V ff ;.\"~;~~';y~_ (GUN l;-\ MII~".JNi: IU"I'- "J';rl" .J.1'>Tr,.!'/ ;;/ .... 111/~o/'Q~/.uy.&.:?;I. , C':'~:>I"'Al TRUNK~ AREA 8 ............ ORIGINAL TRUNK SYSTEM tit '.#:'LL,'I. ADDITIONAL PIPE INSTALLEb F':1f!~') $ 927.54/ Wl: AC. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE June 6, 1989 AGENDA SECTION NO. Non-Discussion Items ORIGINATING DEPARTMENT Administration APPROV~EFOR AGENDA C BY: ITEM NO. CCWD Board Appointee Recommendation 25. BY: James E. Schrantz if I have contacted all the previous applicants: Karen Peterson, Robert Boyum, Russ McGlenn, Ken Slyzuk, Jack MCKelvey and the newly discussed person, Howard J. Neisen. All of the above indicated they would be willing to serve. The City Council is requested to rank these candidates one, two and three, etc. We are unable to remove any of the previously submitted names, but can add names. NAME PHONE NUMBER Karen Peterson 434-9431 434-7792 434-5047 757-5822 755-3468 755-5073; 635-7266 Robert Boyum Russ McGlenn Ken Slyzuk Jack MCKelvey Howard J. Neisen CI MOTION BY TO COUNCIL ACTION SECOND BY