HomeMy WebLinkAboutCC July 18, 1989
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DATE:
July i8, 1989
ITEMS GIVEN TO THE CITY COUNCIL
**ADDITIONAL**
Letter from Natalie Haas Steffen (7/14/89)
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AGENDA. ".'
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COUNTY OF
Office of the County Board of Commissioners
COURT HOUSE
NATALIE HAAS STEFFEN
County Board of Commiss.ioners
District #1
MI'. Ken Slyzuk
14124 Crosstown Boulevard N. W .
Anoka, MN 55303
Dear Ken:
Sometime ago, we discussed my suggestion that you withdraw your name from the list of
potential appointees to the Coon Creek Watershed District Board of Managers. So ,far,
I have not had a response from you. "'1:::
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As you know, I have been troubled by the unfortunate breakdown in communication
between yourself and the Andover City Council. I recognize that you have spent many,
many hours in an honest and forthright manner to assist in the, resolution of difficult
issues for the benefit of the citizens of the Watershed District.' Many of these issues
have been resolved,. or appear to be soon resolved, in. part" because of your
participation. Unfortunately, it seems that one of the costs, involvedhasbeenian
estrangement between yourself and the Andover City Council. I tllin}{ that you will
agree that as the character of the Watershed District has changed from rural to urban,
it has become essential for the Board of Managers to work closely ,lVith th~'lJlunicipaliB:~~,'
. ,'-,,:-<,:":-',:':'-",}\r.':.,:~> .,...-,' ",-,>-.:r~:;;5./;:
Recently, Andover sent to the County Board a ranking of the listof potentia1appoillt~~~. '
Robert Boyum received the unanimous support of the City Council. 'I have intervie'WEld
him and believe him to be a knowledgeable person who can become a posi1:ive additio~to
the Board of Managers. I believe that the district will benefit from his strong support
by the City Council. Therefore, I intend to recommend~."t? the Cop.pty;Board,{?r
, appointment to the Board of Managers; , , \<::;bi ';~~i/:;',i'j';it;:l,;;,
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Thank you for your years of dedicated service, hard work,' and personal sacrifice
member of the Board of Managers. ' t
Sincerely,
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cc: Anoka County Commissioners
Robert Boyum
Mayor James E. Elling
James E. Schrantz, Administrator
Natalie Haas Steffen
Anoka County Commissioner
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DATE: July 18, 1989
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ITEMS GIVEN TO THE CITY COUNCIL
P~rk and Recreation Minutes - 7-6-89
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Regular City Council Minutes - 7-5-89
Regular Planning & Zoning Minutes - 6-27-89
Comprehensive Plan Proposals
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PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT
AGENDA.
THANK YOU.
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GEORGE M. HA~M~A.
A Professional Corporation 0/ Certified Public Accountants
GMHCo
July 13. 1989
City Council
City of Andover
Andover. Minnesota 55303
Dear Mayor and Council:
During the course of our audit. we make certain observations relating to the system
of internal control and accounting procedures which we are bringing to your
attention in this letter. These observations. of course. refer only to those areas
to which our audit work extended. We are presenting the letter in four sections.
A. Accounting Procedures and Internal Control Matters
B. Discussion of Operations
C. Other Matters
D.
Conclusion
A. ACCOUNrING PROCEDURES AND INl'ERNAL CONTROL MATTERS
Segregation of Duties
.
Although the small size of the City's office staff limits the extent of separation
of duties. we believe certain steps could be taken to separate incompatible duties.
The basic premise is that no one employee should have access to both physical
assets and the related accounting records or to all phases of a transaction.
One of the most critical areas of separation is cash. where we noted that the
bookkeeper handles incoming checks. prepares the deposit slip. posts receipts to
customer accounts. and receives and reconciles the monthly bank statement. The
result is the danger that intentional or unintentional errors could be made and not
detected.
We suggest that a separation of duties involving cash be made. It would be
desirable if the person responsible for cash receipts and deposits did not prepare
the bank reconciliation and did not have access to the utility account records.
Ideal segregation of duties for operation your size is not practicable. Such a
system would not be cost: effective.
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MINNEAPOLIS, MINNESOTA 55416
612/546-2566
1433 UTICA AVENUE SOUTH, BUITE 175
City Council
City of Andover
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July 13. 1989
Page 2
A. ACCOUNrING PROCEDURES AND INfERNAL CONTROL MATTERS (CONTINUED)
Property and Equipment Records
Records should be established to account for the various property and equipment
owned by the City. Such records would improve internal control over such items and
could provide additional information for insurance purposes.
Accounting Records
The accounting records should be of major concern to the Council. At present the
records are manually maintained and are usually several months behind. Old
information is nearly useless for results of operations and budget information.
Current information is necessary for effective management by Council.
administration and department heads.
The implementation of a computerized accounting system would improve financial
reporting timeliness and,provide more useful financial data.
fit
Payroll Allocations
Payroll expense allocations for certain employees are made on a percentage basis.
Periodic reviews of the,percents used should be made to determine their
reasonableness in order to reflect proper expense classification.
Escrow Fund
During 1987 and 1988. the Escrow Fund reimbursed the General Fund $12.673 for labor
charges. signs. etc. These charges should be charged to the respective ~crow
deposit rather than recorded as one lump sum entry in the Fund.
As of December 31. 1988. several escrow deposits had overdraft balances totaling
$9.035. This amount was. in effect. due the City from the various depositors.
Disbursements should not normally be made from an account unless there are
sufficient funds to cover the payment.
Special Assessments
At December 31. 1988 $34.482 of assessments that were billed by the City were
unpaid. The items were Kad1ac addition $6.492 and Grace Lutheran Church $27.990.
Collection policies should be reviewed. and all delinquent accounts be required to
be paid. :
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Each year more parcels have special assessments levied against them. The dollar
value of the assessments that were adopted by Council but not yet payable by
property owners was $11.575.985 as of December 31. 1988 an increase of $3.893.227.
The assessment records should be revised to adequately track the amount receivable
for each assessed project and to facilitate assessment searches.
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City Council
0 City of Andover
July 13. 1989
Page 3
B. OPERATIONS
General Fund
A comparison of General Fund revenue and expenditures for 1988 to budget and actual
amounts for 1987 follows:
1988
Budget Actual
1987
Actual
1988 Actual
over (under)
Budp;et 1987
Revenue and other
sources $1.804.792 $1.764.891 $1.728.575 $(39.901) $ 36.316
Expenditures and
other uses 1.804.792 1.842.571 1.547.766 37.779 294.805
Net change $ -0- $ (77 .680) $ 180.809 $ (77 .680) $ (258.489)
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The variations of 1988 revenues and other sources from bud~et and the prior year are
listed below:
1988 Actual over (under)
1988 1988 Budp;et 1987 Actual
Actual Amount Per,cent Amount Percent
Property taxes $ 713.219 $(127.781) 18 $111.537 16
Licenses and permits 236.555 34.445 15 (32.4~8) 14
Intergovernmental revenue 559.246 1.234 33.188 6
Charges for services 31.404 (7.266) 23 (15.417) 49
Fines and forfeitures 45.049 31.049 69 11.553 26
Interest earned 37.233 17 .233 46 (703 ) 2
Other 47.447 (6.653) 14 (58.160) 123
Transfers 94.738 17.838 19 (13.254) 14
$1.764.891 $ (39. 90 1) 2 $ 36.316 2
Comments:
1. General property taxes accounted for 40% and 35%. respectively. of total revenue
for 1988 and 1987. The $111.537 increase in 1988 was the result of an increase
in the General Fund tax levy.
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2. The increase in intergovernmental revenue from budget and 1987 was caused mainly
by an increase in CDBG funding.
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City Council
0 City of Andover
July 13. 1989
Page 4
B. OPERATIONS (CONTINUED)
General Fund (Continued)
. Significant variations in expenditures occurred in the following areas:
Over (under)
1988 1988 Budget 1987 Actual
Actual Amount Percent Amount Percent
General government
Mayor and Council $ 29 .092 $ (6.129) 21 $ 1.260 4
Elections 8. 074 (5.926) 73 8.074 100
Administration 61.861 (92) (11.304) 18
Financial administration
and accounting 66.405 3.303 5 6.755 10
Assessing and consulting
staff 90 . 275 21.375 24 25.405 28
Planning and zoning 60.202 (2.711) 5 24.437 41
Engineering 75.032 3.758 5 17 .037 23
0 Buildings 124.491 33.278 27 (21.491) 17
Other 6.343 (807) 13 1.736 27
$ 521.775 $ 46.049 9 $ 51.909 10
Public safety
Police protection $ 207 .045 $(114.792) 55 $ 14.714 7
Fire protection 154.712 (8.898) 6 47.879 31
Protective inspection 103.120 (7.976) 8 16.537 16
Other 31.833 (7.049) 22 4.11.4 13
$ 496.710 $(138.715) 28 $ 83 . 244 17
Public works $ 333.978 $ 18.368 5 $ 99.164 30
Parks and recreation $ 240.574 $ 58.123 24 $ 27 .711 12
Insurance $ 74.997 $ 54.147 72 $ 11.866 16
Other $ 73.242 $ (6.211) 8 $ 21.977 30
Transfers ,$ 101.295 $ 6.018 6 $ (1.066) 1
$1.842.571 $ 37.779 2 $294.805 16
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These variations from budget and the prior year are listed in order to assist in
your current budget preparation. If the variations are caused by other than
unforeseen circumstances (weather. unplanned personnel changes. etc.). the causes
should be explained so that more accurate budgeting. as well as cost control. can
be achieved. .
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City Council
0 City of Andover
July 13. 1989
Page 5
B. OPERATIONS (CONTINUED)
General Fund (Continued)
Total expenditures and other useS exceeded total revenue and other sources by
$77.680. In 1987. by comparison. total revenue and other sources exceeded
expenditures and other uses by $180.809. The main items of the $77.680 negative
variance from the budgeted result are identified in the preceding summaries. The
unreserved-undesignated fund balance at December 31. 1988 was $689.100 and amounted
to 33% of budgeted 1989 expenditures. indicating a continued healthy financial
condition.
The major reason for expenditures in excess of budget was the cost of equipment
acquisitions paid from the General Fund. These acquisitions were originally
intended to be financed by the issuance of certificates of indebtedness. The
certificates were never issued.
Utility Funds
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A condensed summary of Water Fund operations the last four years follows:
1988 1987 1986 1985
Revenue
User charges $126.594 $ 73.405 $ 38.191 $ 23 . 108
Other 47.841 40 .528 21.765 16.752
$174.435 $113.933 $ 59.956' $ 39.860
Less expense excluding depreciation
and transfers (102.574) 86.502 (61.770) (46.592)
$ 71.861 $ 26.431 $ (1.814) $ (6.732)
Less dep recia tion
On assets acquired with own funds (863) (604) (441 ) (326)
On assets acquired with contributions (109.522) (81.527) (60.606) (38.892)
Transfers - Net (3.648) (1.349) (1.103)
Net loss $(42.172) $(57.049) $(63.964) $(45.950)
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City Council
City of Andover
July 13. 1989
Page 6
B. OPERATIONS (CONTINUED)
Utility Funds (Continued)
A condensed summary of Sewer Fund operations the last four years follows:
1988 1987 1986
Revenue
User charges $ 157.640 $ 131.939 $135.065
Other 8.061 3.854 34.822
$ 165.701 $ 135.293 $169.887
Less expense excluding . depreciation
and transfers (157.654) 119.016 115.027
$ 8.047 $ 16.777 $ 54.860)
Less depreciation
On assets acquired with own funds (1.054) (999) (642)
On assets acquired with contributions (167.029) (131.403) (103.562)
Transfers - Net (4.154) (84.658) 9
Net loss $(164.190) $(200.283) $ (49.335)
1985
$107.458
32.033
$139.491
(t07 .983)
$ 31.508
(324)
(93.820)
$(62.636)
Included in other revenue of the sewer fund for 1986 and 1985 are connection
charges of $25.176 and $26.297. respectively. For 1987 and subsequent years the
connection charges were recorded in the Sewer Trunk Special Assessment Fund.
As reflected in the preceding summaries water and sewer user charges increased
$103.486 (448%) and $50.182 (47%) respectively from 1985 to 1988. Such dramatic
increases require constant monitoring of rates and expense to determine the
adequacy of the rates for payment of expenses and to accumulate working capital.
As can be expected. such increases in volume have placed heavy demands on the
accounting function.
C. OTHER MATTERS
Individual City Funds
The City should maintain only those individual funds that are legally required or
that are necessary to properly separate specific operations. The purpose of some
City funds should be reviewed to determine if their operations can adequately be
accounted for in the General Fund or some other fund. We suggest the following
funds be reviewed:
Special revenue funds
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Drainage and mapping
Capital projects funds
Equipment
Fiduciary fund
Administrative trust
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City Council
0 City of Andover
July 13. 1989
Page 7
C. OTHER MATTERS (CONTINUED)
Individual City Funds (Continued)
The City has a debt service tax levy for the 1978 G.O. Bonds and the Certificates
of Indebtedness. The Certificates of Indebtedness portion of the levy has been
placed in the General Fund and money. adequate to pay the certificates and related
interest has been transferred to the Certificates of Indebtedness Fund for actual
payment of the debt and interest. We suggest that for 1990 the tax collections be
placed directly in the Certificates of Indebtedness Fund and the General Fund
budget omit the property tax and related transfer for debt payment.
Section 89
The Tax Reform Act of 1986 included new Revenue Code Section 89. The Section
affects all employers. In typical IRS fashion the new law assumes any statutory
benefit plan you provide your employers is discriminatory. The result: taxable
benefits received by employees.
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It is each employer's responsibility to prove the plans are nondiscriminatory by
maintaining documentation that you meet the law's tests. As the penalties can be
severe we suggest the City start the necessary documentation process if they have
not already done so.
Special Assessment Debt
At December 31. 1988. the City had $24.509.100 outstanding of assessment,debt with
the intention of more being issued in 1989. Such a large amount of debt is not
unusual for a City such as Andover with the development that has occurred in the
last few years; however. $12.993.000 is due within the next three years.
The City should analyze its debt position and the related financing taking into
consideration 1) the debt service cash balance ($9.695.826 at year-end). 2)
certain bond issues are now callable or approaching their call date. 3) some bond
issues can be defeased and 4) the large amount of maturities that are due in the
next three years. This could be good time to formulate plans for a major
restructuring of the assessment debt.
It must be remembered that most of the special assessment debt service funds are
part of a large pool that was issued primarily to finance water and sewer
improvements. Some individual funds will have overages others shortfalls. It was
originally intended that the overages and shortfalls would eventually offset each
other. Therefore. any overage from a particular issue that is paid off or defeased
cannot necessarily be considered available money for appropriation by Council.
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City Council
0 City of Andover
July 13. 1989
Page 8
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D. CONCLUSION
The above comments were developed during our audit and deal primarily with
accounting and certain ~perational matters. We would be pleased to discuss the
above comments with you at your convenience and to render any assistance you may
require. We would like to acknowledge the courtesy and cooperation extended to us
during the course of our audit.
Very truly yours.
GEORGE M. HANSEN COMPANY. P.A.
t? ~/7 'Jll A~(;-
J. Gregory Murphy
JGM:iac
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Field work completed June 6. 1989
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:: ,~.WHAI~_S_._HA~PENI.NG)?-i aa
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"'", The City of Andover was incorporated as a **
:: city of November 12, 1974 when it changed from ::
:: Grow Township to the City of Andover. ::
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",'" The city should have a celebration and advertise **
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",'" this occasion. **
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:: I have talked to a person who makes pins for ::
",'" cities such as Apple Valley, Rochester, Coon **
:: Rapids, Ramsey, etc. We can get 500 pins for ::
",'" about $550. **
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:: The pin staff proposes is: ::
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:: These pins would be available for Council, ::
",'" P&Z, Park Board, Economic Development, staff, **
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",'" etc. Also, they could be given to volunteers **
:: as tokens of appreciation. They can be a ::
",'" token of community spirit. **
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CITY of ANDOVER
Regu~ar ~1ty ~ounC1~ neet1ng
JUJ.Y .LtJ, .L~U~
7:30 P.M. Call to Order
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Resident Forum
Agenda Approval
Approval of Minutes
Discussion Items
1. Audit Presentation/G. Murphy
2. Award Bids/Smith's Green Acres Storm Drain/89-14
3. Joint Powers Agreement/Crooked Lake Playground
4. park Dedication/TIF District
5. . CAB Service Area Discussion
6. Closed Meeting w/Attorney
7. '. Findings of Fact/Vapors/Health Board Mtg.
staff, Committee, Commission
8. Recycling update
9. Fire Department Task Force
10.
11. Computer System Discussion
12. Appoint Assistant Weed Inspector
13.
14. Rename Verdin street
15. Comprehensive Plan proposals
Non-Discussion Items
16. Accept Roll/Order Public Hearing/86-21
17. Accept Feasibility/Kirby Estates/89-15
Approval of Claims
Adjournment
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
AGENDA SECTION
NO. Approva1 of minutes
DATE July 18, 1989
ORIGINATING DEPARTMENT
Admin.
ITEM
NO. Approva1 of Minutes
BY: V. Vo1k
The City Council is requested to approve the following minutes:
July 5, 1989 Regular meeting
(Knight absent)
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MOTION BY
TO
COUNCIL ACTION
SECOND BY
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
July 18, 1989
DATE
Discussion Item
Finance
APPROV:1\OR
AGENDAI)0
BY:
AGENDA SECTION
NO.
ORIGINATING DEPARTMENT
ITEM
NO.
1.
Audit Presentation
Howard Koolick
BY: Finance Director
REQUEST
The City Council is requested to approve the 1988 Financial
Statements which were audited by the accounting firm of
George M. Hansen Company, P.A. The City Council is further
requested to authorize the publication of the financial
information in accordance with state statute.
BACKGROUND
At the June 20th City Council meeting, the 1988 Financial
Statements were received by City Council. Tonight, Mr. Greg
Murphy representing the City's auditing firm, is here to discuss
with the City Council the results of the 1988 operations and the
recommendations for improvement of our records and systems.
upon approval of the 1988 Financial Statements, the City staff
will submit to the City's official newspaper, the required
financial information needed to meet the publication requirements
as outlined in Minnesota state statutes Section 471.697
subdivision l(a). An example of the format recommended by the
state Auditor's Office is included for your information.
COUNCIL ACTION
MOTION BY
TO
SECOND BY
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STATE OF MINNESOTA
OFFICE OF THE STATE AUDITOR
SUITE 400
555 PARK STREET
SAINT PAUL 55103
ARNE H. CARlSO:<
SHH Al'DITOR
296-2551
EXAMPLE PUBLICATION FORMAT
Minimum Publication Requirements
For Cities in Minnesota
2,500 or More in Population
in
accordance with
Minnesota Statutes Section 471.697 l(a)
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Issued By
Office of the State Auditor
Arne H. Carlson
State Auditor
March 7, 1984
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For further information call:
Governmental Information Division
(612) 297-3683
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AN EQUAL OPPORTUNITY EMPLOYER
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ORDER
Pursuant to Minn. Stat. S 471.697, subd. 1 (a), I hereby prescribe
the form and style of the annual summary financial report to be .
published by Minnesota cities with a population of 2,500 or more.
The attached form consisting of:
page 1
page 2
General Operations Summary
Enterprise Funds Operations Summary and
Financial Highlights
Condensed Balance Sheet - All Fund Types
. and Account Groups
Condensed Statement of Revenues, Expenditures
and Changes in Fund Balance - All Governmental
Fund Types and Expendable Trust Funds
Condensed Statement of Revenues, Expenses, and
Changes in Retained Earnings - All Proprietary
Fund Types
pa ge 3
page 4
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page 5
is hereby incorporated in its entirety. These five pages will
comprise a city's minimum published financial report. General
purpose financial statements (liftable statements) prepared in
accordance with generally accepted accounting principles, as
recommended in National Council on Governmental Accounting
Statement 1, may be published in lieu of pages 3, 4 and 5.~
Pages 1 and 2, however, are required in either case.
I hereby rescind the order dated October 20, 1978 regarding
published summary financial statements.
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. Arne H. Carlson
State Auditor
c:> Dated at St. Paul, Minnesota
this jlth day of March 1984.
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SUPPLEMENTARY INSTRUCTIONS
Example Publication Format - For Cities in Minnesota o~ 2,500
or More in Population
The Example Publication Format, while self-explanatory, does need
some explanation of its purpose and the options available to
finance officers... It should be emphasized that this is a minimum
publication requirement.
The revised publication format for cities is a step toward
reforming the legal publication process for cities. The intent
behind the revision is to encourage readership and citizens'
interest in the financial affairs of their community by presenting
financial information in terms they can more readily understand.
Comparison of this sample reporting format to the 1978 format
reveals some important changes. The customary letter of transmittal
has been expanded to include a brief standard text which encourages
citizens to examine and ask questions about their city's financial
affairs. Pages one and two of this proposal are a recap of city
financial data. A narrative and a brief summary of the revenues
and expenditures of the governmental funds comprise page one. A
summary of the operations of each enterprise fund and a section
containing key financial health indicators are found on page two.
The condensed balance sheet: condensed statement of revenues,
expenditures and changes in fund balance: and the condensed
statement of revenues, expenses and changes in retained earnings
(pages 3, 4 and 5) are presented in a somewhat more simplified
(condensed) format than that used since 1978. To adequately
disclose their financial affairs, some cities may require categories
not included on pages 3 through 5. The 1978 requirement for a
combined schedule of indebtedness is no longer in effect. .
Finance officers and their auditors who feel the condensed
statements do not provide sufficient disclosure to the public may
wish to publish the "liftable" general purpose financial statements
(GPFS) recommended in National Council on Governmental Accounting
(NCGA) Statement 1. The enclosed format meets minimum reporting
requirements and nothing in it is intended to prevent more extensive
disclosure. Pages 1 and 2, however, are required regardless of
other information published.
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City of
ANNUAL SUMMARY FINANCIAL REPORT
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The purpose of this report is to provide a summary of financial information
concerning the City of to interested citizens. The
complete financial statements may be examined at the (title of city office,
address) , telephone Questions about this
report should be directed to (the same office or show title,
address and phone number of different office).
The following summaries are from the general purpose financial statements of the
City for the years ended 'December 31, 19X2 and 19X1. The right hand column
shows the percentage change in dollars between the two years.
Revenues and Expenditures for General Operations
(Governmental Funds)
Total
19X2
Percent
Increase
(Decrease)
Total
19X1
Revenues
Taxes
Special Assessments
Intergovernmental Revenues
Charges for Services
Miscellaneous
Total
Expenditures
General Government
Public Safety
Streets and Highways
Culture and Recreation
Miscellaneous
Capital Outlay
Debt Service
Total
Excess of Revenues Over (Under)
Expenditures
Transfers In (Out)
Fund Equity, Beginning of Year
Fund Equity, End of Year
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City of
Enterprise Funds Operations.
Name of Fund:
Revenues
Operating Revenues
Other
Expenses
Operating Expenses
Depreciation
Other
Net Income (Loss)
Operating Transfers In (Out)
Retained Earnings. beginning
of Year
Retained Earnings. End
of Year
The complete financial report available at the
office) includes detail on the information summarized above.
(Comments of City Manager. Administrator or Clerk)
(name of
KEY FINANCIAL HEALTH INDICATORS
19X2
Current population
Taxable valuation of real & personal property
Percent of property taxes collected
City expenditures per capita
(governmental funds)
Ratio of bonded debt ,to taxable
valuation (general obligation and special
assessment debt only)
Bond rating
19X1
19XO
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* A separate column should be used for each enterprise fund.
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
July 18, 1989
DATE
AGENDA SECTION
NO.
Discussion
ORIGINATING DEPARTMENT
Engineering
'(1*
BY:
ITEM
NO.
Award Bids
2
/89-14
By:Todd J. Haas
The city Council is requested to approve the following resolutions
for 89-14, Smith's Green Acres:
1. Ordering the improvement and directing preparation of
of final plans and specifications.
2. Accepting bids and awarding contract for the
improvements.
One bid was received:
1. American contracting Corp. $23,752.00
The estimated cost from the feasibility report was $22,800.00
\
COUNCIL ACTION
MOTION BY
TO
SECOND BY
. '_._~"".. _._--'-'.'..-'.' -..... ,
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
o
RES. NO.
MOTION by Councilman
to adopt the following:
A RESOLUTION ORDERING THE IMPROVEMENT OF STORM DRAINAGE, PROJECT NO.
89-14 IN THE SMITH'S GREEN ACRES AREA AND DIRECTING PREPARATION OF
FINAL PLANS AND SPECIFICATIONS.
WHEREAS, Resolution No. 092-89 of the City Council adopted on
the 16th day of May, 1989, fixed a date for a public hearing; and
WHEREAS, pursuant to the required published and mailed notice,
such hearing was held on the 1st day of June, 1989; and
WHEREAS, all persons desiring to be heard were given such
opportunity for same; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Andover to hereby order improvement Project No. 89-14.
BE IT FURTHER RESOLVED by the City Council of the City of
Andover to hereby designate TKDA as the Engineer for this improvement
and they are directed to prepare plans and specifications for such
improvements.
MOTION seconded by Councilman and adopted by
0 the Ci ty 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
ATTEST:
James E. Elling
Mayor
Victoria Volk - City Clerk
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
o
RES. NO.
MOTION by Councilman
to adopt the following:
A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE
IMPROVEMENT OF PROJECT NO. 89-14 FOR Storm Sewer
CONSTRUCTION IN THE AREA OF Smith's Green Acres
WHEREAS, pursuant to advertisement for bids as set out in
Council Resolution No. , dated July 18, 1989 ,
1989 , bids were received, opened and tabulated according to law
wi~esults as follows:
1. American Contracting Corp
$23,752.00
o
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Andover to hereby accept the bids as shown to indicate Americap
Contracting Corp as being the apparent low bidder.
BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk
to enter into a contract with American Contracting Corp in the
amount of $23,752.00 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
Meeting this 18th day of
City Council at a
July
, 19~, with Councilmen
voting in favor of
the resolution, and Councilmen
voting
against, whereupon said resolution was declared passed.
CITY OF ANDOVER
James E. Elling - Mayor
o ATTEST:
Victoria Volk - City Clerk
o
o
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CITY of ANDOVER
1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (612) 755-5100
July 13, 1989
Dear Property Owner:
The City Council will consider awarding the bid for the
improvement of storm drainage construction in Smith's
Green Acres along Lots 1 through 6; Block 1.
The public hearing was continued until July 18, 198.9 at
7:30 P.M. at the Andover City Hall.
Bids have been received. The estimated cost per lot is
$5,146.00. .
Sincerely,
es E. Schrantz
ublic Works Director/City Engineer
JES:tn
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28 32 24 34 0066
Albert Lorendo
2887 - 141st Lane
Andover, MN 55304
28 32 24 34 0063
Timothy Anderson
2935 - 141st Lane
Andover, MN 55304
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28 32 24 34 006'5
Orrin Hintz
2903 - 141st Lane
Andover, MN 55304
28 32 24' 34 0062
Terrance Jurva
2951 - 141st Lane
Andover, MN 55304
r
28 32 24 34 0064
S,M. Munsterteiger
2919 - 141st Lane
Andover, MN 55304
28 32 24 34 0061
Thomas Lecuyer
2967 - 141st Lane
Andover, MN 55304
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CITY OF ANDOVER
AGENDA SECTION
NO. Discussion
REQUEST FOR COUNCIL ACTION
DATE July 18, 1989
ORIGINATING DEPARTMENT
Engineering
FOR
1~~
ITEM Crooked Lake Playground
NO. 3
sYTodd J. Haas
The City Council is requested to review and enter into the Joint
Powers Agreement between the City of Andover and Anoka - Hennepin
Independent School District No. 11.
staff has sent a copy of the agreement to the City Attorney for
review.
MOTION BY
TO
COUNCIL ACTION
SECOND BY
o
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JOINT POWERS AGREEMENT
FOR CROOKED LAKE ELEMENTARY SCHOOL PLAYGROUND DEVELOPMENT
This agreement made and entered into as of the day of
19 , by and between the City of Andover, hereinafter referred to as "City"
Anoka-Hennepin Independent School District No. 11, hereinafter referred to as "School
District. "
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WITNESSETH:
Whereas, the parties have previously determined that a sound educational,
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 this decision the parties desire to enter into
for the joint construction and operation of facilities and programs; and
Whereas, the parties desire to share in the funding of the construction and
maintenance of the proposed improvements for playground equipment; and
Whereas, Minnesota Statutes Section 471.59 permits the parties hereto to enter into
a Joint Powers Agreement to plan, build, and maintain the proposed improvements.~.
NO W, THEREFORE, pursuant to the authority granted by Minnesota Statutes
Section 471.59 the parties doe agree as foilows:
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 the joint financing, construction,
maintenance, and supervision of playground facilities at the Crooked Lake Elementary
School located in the City.
2. Scope of the Project. The project shall include the construction of a playground
at the north end of the school.
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3. Construction Plans and Specifications.
Plans and specifications
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prepared by the Anoka-Hennepin School District and shall be approved by the
the School DIstrict prior to construction.
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4. Project Funding. The estimated cost of the project is $42,000. Funds are
available from the Crooked Lake Parent-Teacher Community Organization in the amount
of $14,000. Tbe remaining costs of $28,000 shall be shared I by the City and School
District with the School District contributing $14,000 thereof and the City a maximum of
$14,000. 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 COST;> BETWEEN THE CITY AND
THE SCHOOL DISTRICT SHAl,LBE BASED UPON ACTUAL C,ONSTRUCTION COSTS.
6. Contracting Agency. The School District shall act as the contracting agency
for purposes of constructing the project. Contracts shall be awarded on the basis of
competitive bids in accordance with applicable state statutes.
7. A ccounting. The School DistrIct shall account to each contrIbuting party of the
funds spent on the project. In the event of excess costs, the School DistrIct shall be
llable for such costs, although they may negotiate with other contractors for more
"
monies. The School DIstrIct wlll blll the Crooked Lake Parent-Teacher Community
Organization at the completion of the project. The School DistrIct wlll blll the CIty In
January, 1990, for theIr contrIbution of a maximum of $14,000.
8. 0 wnership. 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 to the funds provided by each for its
acquIsition. When such property is acquired by an IndIvIdual party, it shall be owned
wholly by such party.
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9. Scheduling and Supervision. The school district shall be responsible. for all
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scheduling during school hours. During nonschool hours, scheduling for activities outside
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of school buildings shall be the responsibility of the Community Services Department in
coordination with the building principal.
Supervision shall be the responsibility of the group or groups using the facility. In
his representative and the City Manager or his representative will govern its use.
the event of a conflict in the use of a site by the City or sChooi, the Superintendent or
10. Insurance. The owner of the land upon which the facilities are constructed shall
by the other party for coverage extended to jointly owned facilities as thei!"
,
provide fire and extended insurance coverage for such facilities, but shall be. reimbursed
. .,' .
may appear. Each party shall be soiely responsibie 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 cause of action initiated to recover the
amount of any such loss, damage, or claim for which it is responsible. Each party shall
carry at its own expense comprehensive liability insurance covering its potentialliabllity
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 liabllity
and specifically referring to this contract and Section shall be furnished by each party to
the other before operation is begun.
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.
Repair costs in excess of $100 for an individual piece of jointly owned equipment,
building or facllity provided under this agreement shall be shared on the basis of
percent City and 50 percent School District, subject to prior approval by both parties.
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MAIr-iTENANCE TO BE DONE BY THE SCHOOL DISTRICT
Mowing of grass
Playground equipment - Maintenance of the minimum piayground equipment is
the responsibiUty of the School District. Maintenance of the playground main
structure shall be the responsibiUty of the School DistrIct with the City sharing
in the repair costs as indicated In paragraph 11 above.
12. Revocation of Agreement. This agreement may be terminated 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 disposition of -the Joihtly helel pr.operty or
. '. "
any funds in connection therewith.
IN WiTNESS WHEREOF, the parties hereto have executed thIs agreement as of the
day and year first above written.
CITY OF ANDOVER
By:
Mayor
By:
City Manager
ANOKA-HENNEPIN INDEPENDENT SCHOOL
DISTRICT NO. 11
By:
Its Chairman
By:
Its Clerk
DN/ax/I-68 NBI
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE
July 18, 1989
ITEM
NO.
CAB Service Area
5 Discussion
BY:
James E. Schrantz
AGENDA SECTION
NO.
Discussion Items
ORIGINATING DEPARTMENT
Engineering
The City Council is requested to consider the area to be served
by the C.A.B. interceptor.
The City's Comprehensive Sanitary Sewer Plan shows the study area
for the C.A.B. interceptor to be all of Andover west of Round
Lake Boulevard that isn't currently served by the Coon Rapids
interceptor.
Hakanson Anderson/Comstock Davis, the consulting engineers for
the design of the lift station, are meeting with the C.A.B.
cities to consider the 50 year needs of the cities.
Jay will be discussing this issue with the Planning and Zoning
Commission on July 25th.
JES:vv
Encl: Map showing urban service areas
COUNCIL ACTION
MOTION BY
TO
SECOND BY
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SAC charge limit
Of Urban Services
No service planned I I
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Staged Provision
Urban service area n........
Interceptor boundary line - --
ANDOVER
INNESOT~
This map 18 tor planning purposes only.and should not be used when precise measurement Is required.
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'prepared by'
NORTHWEST ASSOCIATED CONSULTANTS INC.
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63A
5/18/82
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
AGENDA SECTION
NO. Discussion Items
DATE Julv 18. 1989
ORIGINATING DEPARTMENT
Admin.
FOR
ITEM Closed Meeting w/attorne
NO. 6
BY: V. Volk
Bill Hawkins has requested a closed meeting to discuss the Vapors
and the Slyzuk litigation.
MOTION BY
TO
COUNCIL ACTION
SECOND BY
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE
July 18, 1989
AGENDA SECTION
NO. Discussion Items
ORIGINATING DEPARTMENT
Administration
ITEM Findings of Fact/Vapors
NO.
7
BY: James E. Schrantz
The City Council is requested to adjourn and convene as the
Health Board to consider the Findings of Fact concerning the
Vapors.
Attached is Bill Hawkin's letter along with Judge Beck's
Findings. Bill will discuss some of this information with the
Council in a closed session.
JES:vv
Encls.
COUNCIL ACTION
MOTION BY
TO
SECOND BY
o
o
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LAW OFFICES OF
Burke ONd JlowkiN$
JOHN M. BURKE
WILLIAM G. HAWKINS
BARRY M. ROBINSON
SUITE 101
299 COON RAPIDS BOULEVARD
COON RAPIDS. MINNESOTA 55433
PHONE (612) 784-2998
June 30, 1989
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CITY OF I1I\!l')OVER
Mr. James E. Schrantz
Andover City Hall
1685 Crosstown Blvd.
Andover, MN 55304
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Re: The Vapors
Dear Jim:
I have reviewed the Findings of Fact, Conclusions and
Recommendation of the Administrative Law Judge George E. Beck
concerning The Vapors. It is my recommendation that the Andover
City Council, sitting as the Andover Board of Health, schedule a
meeting to review the Findings and to consider the recommended
action by Judge Beck.
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STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
FIFTH FLOOR, FLOUR EXCHANGE BUILDING
310 FOURTH AVENUE SOUTH
MINNEAPOLIS, MINNESOTA 55415
(612) 3<11-7600
June 27, 1989
City of Andover Board of Health
Andover City Hall
1685 Crosstown Road Northwest
Andover, Minnesota 55304
Re: In the Matter of William Batson, d/b/a The Vapors Steam Bath v. The City
of Andover; OAH Docket No. 1-2101-3213-3.
Dear Board:
Enclosed and served upon you by mail, please find the Findings of Fact,
Conclusions and Recommendation of the Administrative Law Judge in the
above-entitled matter. I also enclose the official record, and I am closing
our file in this matter.
GAB:vh
Enclosures
cc: John M. Burke
Gabriel D. Giancola
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Sincrrely,
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GEORGE A. ECK
Administrative Law Judge
Telephone: 612/341-7601
AN EQUAL OPPORTUNITY EMPLOYER
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1-210,-3213-3
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE CITY OF ANDOVER
BOARD OF HEALTH
In the Matter of
William Batson, d/b/a
The Vapors Steam Bath.
FINDINGS OF FACT,
CONCLUSIONS AND
RECOMMENDATION
The above-entitled matter came on for hearing before Administrative Law
Judge George A. Beck, serving as Hearing Examiner for the Andover Board of
Health, on March 22, 19B9 at 9:00 a.m. at Andover City Hall, 1&B5 Crosstown
Boulevard N.W., in the City of Andover, Minnesota. The record in this matter
closed on June 19, 19B9, upon receipt of the final written memorandum by the
parties.
John M. Burke, Esq., of the firm of Burke and Hawkins, 299 Coon Rapids
Boulevard, Suite 101, Coon Rapids, Minnesota 55433, appeared on behalf of the
Health Officer for the City of Andover. Gabriel D. Giancola, Esq., of the
firm of Barna, Guzy, Merrill, Hynes and Giancola, Ltd., 3989 Central Avenue
N.E. - Suite &00, Minneapolis, Minnesota 55421, appeared on behalf of William
Batson, d/b/a The Vapors Steam Bath ("the Respondent").
This Report is a recommendation, not a final decision. Under Ordinance
No. B9 of the City of Andover, the Board of Health of the City of Andover will
make the final decision in this matter based upon all of the evidence
presented.
STATEMENT OF ISSUE
The issue in this case is whether the premises of The Vapors Steam Bath
constitutes a hazardous site within the meaning of Ordinance No. 89 of the
City of Andover.
Based upon all of the proceedings herein, the Hearing Examiner makes the
following:
FINDINGS OF FACT
1. The Vapors Steam Bath is a commercial enterprise located in a
two-story commercial building at lB&O Bunker Lake Boulevard in the city of
Andover. (Ex. 2; Ex. 9). The Vapors is owned by William Batson. (Tr. 142).
2. The physical premises on the first floor consists of a lobby at the
entrance where an attendant is present at a window, a locker room, a shower,
two steam rooms which are approximately B feet by 15 feet in size and a number
of small rooms approximately 5 feet by 7 feet in size which contain a mattress
on a raised platform, a light and a hook on the wall. (Tr. lB, 115, 74; Ex.
1; Ex. 7; Ex. B; Ex. 11; Ex. 12). Each first floor room is lettered and has a
lock on the door. (Tr. &5).
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3. On the second floor of The Vapors, there are more small rooms also
approximately 5 feet by 7 feet in size with the same equipment as those on the
first floor. (Tr. 74). These rooms are numbered. (Ex. 4; Ex. 6; Ex. 10; Ex.
13). The second floor also contained a sundeck and a large room,
approximately 20 feet by 40 feet in size, which contains approximately eight
mattresses at different levels. There is no door on the large room. (Tr. 18;
Tr. 74).
4. Police officer Mike Sommer and Anoka County Sheriff's Office
investigator Leonard Christ visited The Vapors in an undercover capacity on
August 23, 1988 shortly after noon. (Tr. 75). While they were in a steam
room, a patron began stroking his penis while touching Investigator Christ's
thigh with his foot. (Tr. 79; Tr. 97). The patron (A.) was arrested. He
admitted to having engaged in oral sex at The Vapors. He is a bisexual who is
married and has sexual relations with his wife. (Tr. 99). Another patron
present at The Vapors when A. was arrested, told Officer Sommer that he came
to The Vapors to engage in sex and that he and A. were engaging in oral sex
that day. (Tr. 84). He also stated that he's never known the names of anyone
he's had sex with at The Vapors. (Tr. 85).
Paper bag containing condoms and dildo
"Sheik" condoms and wrapper
containing liquid substance
Condom containing liquid substance
Condom containing liquid substance
Empty small brown bottle and condom wrapper
Condom wrapper
Two wrapped condoms
Condom wrapper
Two wrapped condoms.
(Ex. 24; Ex. 26; Tr. 106; Tr. 146).
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8. A.H. is a 50-year-old Twin Cities resident who is married and has two
chi1dren.l (Tr. 13). Mr. H. had heard about The Vapors from a friend and
had seen it advertised as a gay bath house in a gay publication. (Tr. 14).
A.H. first visited The Vapors in mid-August of 1988. He visited The Vapors
alone on an early Saturday afternoon. When he entered he paid $5 for a
locker. He then changed his clothes and wore a towel around his waist which
was how the other approximately 8 to 10 males present were dressed. Mr. H.
proceeded to walk around the facility. When he looked into the large room
with mattresses on the second floor, he observed four people. Two of them
were engaged in oral sex (penis to mouth). (Tr. 49). He remained at The
Vapors for approximately two hours. (Tr. 20).
9. A.H. visited ,The Vapors again for a second time on a Thursday
afternoon in mid-October of 1988. (Tr. 21). On this occasion, he rented a
room for approximately $6.50. There were approximately 6 to 8 ma 1 es present
in The Vapors when he .clrri ved. He proceeded to one of the steam rooms where
there were four males present. Two of the males were engaged in oral sex.
(Tr. 23). Mr. H. walked around the facility and observed males attempting to
meet each other. Most of the men were approximately 35 to 40 years old. (Tr.
25). Mr. H. did not meet anyone he was interested in.
10. A.H. visited The Vapors a third time on December 22, 1988. This
visit was on a Thursday afternoon and Mr. H. visited with the purpose of
meeting somebody interesting, possibly for sexual contact. (Tr. 26). He
again purchased a room, removed his clothes, and put a towel around his
waist. (Tr. 29). When Mr. H. had entered The Vapors on that date there was
only one other person present. Two other people came in shortly thereafter,
however. Mr. H. spent some time laying down in his room with the door left
open. The doors can ~e closed and locked. (Tr. 31). Mr. H. then proceeded
to the steam room and: initiated a conversation with a male who was sitting in
the steam room. Mr. H. was interested in the male in a sexual way. (Tr.
33). The male was undercover Police Officer Larry Johnson. (Tr. 57). Mr. H.
caressed Officer Johnson's hand and chest and touched the inside ~f his
thigh. (Tr. 58). He also lifted up Officer Johnson's towel to view his
genitals. (Tr. 58). Mr. H. then invited Officer Johnson to his room and
Officer Johnson agreed to do so but stated he had to visit his locker first.
Mr. H. then proceeded to his room and laid down at which point he was arrested
by an officer with the Anoka County Sheriff's office. (Tr. 34). Before
leaving The Vapors Mr.. H. had a telephone conversation with the owner who told
him that he should be careful and that he shouldn't "do things like that in
there because you're going to get me in trouble." (Tr. 36).
11. HIV is the virus which causes the series of diseases known as AIDS.
(Tr. 155). Seventy percent of persons diagnosed with AIDS are dead within two
to three years. (Tr. 158). There is no cure for AIDS. (Ex. 30, p. 5). The
virus is transmitted by anal intercourse, among other ways. (Tr. 158). Anal
intercourse, with or without a condom, is risky. (Ex. 30, p. 2). There is
some evidence to indicate that the virus is also transmitted by oral sex.
lThis witness' full name is contained in a sealed Exhibit in this record.
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(Tr. 160; Ex. 30, p. 2; Ex. 29, p. 1360). Approximately 86% of persons
diagnosed with AIDS received the virus through a bisexual or homosexual
transmission. (Tr. 159). The more sexual partners a person has the higher
will be the risk of transmitting a sexually transmitted disease. (Tr. 161).
12. Susan Strand is a public health nurse employed by Anoka County. (Tr.
152). She is responsible for the investigation of communicable disease
outbreaks and is the designated'HIV resource person in Anoka County. (Tr.
152). It is her opinion that high risk sex with a partner that a person knows
nothing about puts a person at risk for the transmission of sexually
transmitted diseases. (Tr. 167). She believes the anonymous contacts at The
Vapors constitutes high risk sexual activity. (Tr. 170-72).
13. 8ya letter dated February 1, 1989 and personally served upon William
Batson on February 2, 1989, the Health Officer of the City of Andover advised
Hr. Batson that The Vapors was a hazardous site within the meaning of Andover
Ordinance No. 89. The letter alleged that The Vapors maintained individual
rooms offered to persons for a fee which were used for the purpose of engaging
in the high-risk sexual activities of fellatio and anal intercourse~ The
letter advised Hr. Batson that he had 10 days to request a hearing before the
Andover Board of Health to challenge the findings of the Health Officer.
( Ex. 16).
14. By a letter dated February 7, 1989 and received by the City of
Andover on February 9, 1989, Hr. Batson requested a hearing on or after
Harch 7, 1989. (Ex. 16).
15. The administrative hearing in this matter was held on March 22,
1989. Subsequently the Respondent, Mr. Batson, challenged the
constitutionality of the Ordinance authorizing this hearing in Anoka County
District Court. By an Order dated May 3, 1989, the Court found the Ordinance
to be constitutional.
Based upon the foregoing Findings of Fact, the Hearing Examiner makes the
fo 11 owi ng:
CONCLUSIONS
1. The Andover Board of Health and the Hearing Examiner have
jurisdiction' in this matter pursuant to Article 4. of Ordinance No. 89 of the
City of Andover and Hinn. Stat. S 14.55.
2. That the City of Andover has given proper notice of the hearing in
thi smatter.
3. That the Respondent, Mr. Batson, made a timely request for a
hearing.
4. That the City of Andover has the burden of proof in this matter and
must prove the facts at issue by a preponderance of the evidence.
5. That Ordinance No. 89 provides that any premises found to be a
hazardous site within the meaning of the Ordinance shall be declared a public
health nuisance and shall be subject to corrective measures as ordered by the
Health Officer to prevent high-risk sexual conduct from taking place within
the premi ses.
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6. That Ordinance No. 89, Article 2(2) defines "hazardous
any commercial premises, building or structure, or any
thereof, which is a site of high-risk sexual conduct.
as:
7. That Article 2(1) of the Ordinance defines "high risk sexual conduct"
(a) Fellatio;
(b) Anal intercourse;
(c) Vaginal intercourse with persons who engage
in sexual acts in exchange for money.
8. That high risk sexual conduct, specifically fellatio and anal
intercourse, has taken place at the commercial premises known as The Vapors
and that The Vapors is therefore a hazardous site within the meaning of the
Ordinance.
9. That The Vapors has been operated for the purpose of permitting
persons to engage in high-risk sexual conduct contrary to Article 3(1) of
Ordinance.
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10. That the above Conclusions are arrived at for the reasons set out
the Memorandum which follows.
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Based upon the foregoing Conclusions, the Hearing Examiner makes the
following:
RECOMMENDATION
IT IS RESPECTFULLY RECOMMENDED that the Andover Board of Health find that
The Vapors is a hazardous site within the meaning of Ordinance No. 89 and
(1) issue an Order and cause The Vapors to be posted with a warning advising
the public that the premises have been declared a hazardous site; and
(2) direct the Health Officer to issue an Order to William Batson, d/b/a
Vapors Steam Bath setting out appropriate corrective measures to prevent~
high-risk sexual conduct from taking place within the premises.
Dated: June ~ ,1989.
of.
GEORGE A. BECK
Hearing Examiner
NOTICE
o
It is requested that the City of Andover Board of Health serve a copy of
its final decision upon the Hearing Examiner, as well as the parties.
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Reported: Angela M. Foss, Southwest Court Reporters.
1-800-813-3316. Transcript Prepared.
MEMORANDUM
This case arises under Ordinance No. 89 of the City of Andover. Article 4
of that Ordinance grants a hearing to the Respondent to contest the Health
Officer's determination that a hazardous site exists at the premises of The
Vapors, a steam bath. The Respondent, William Batson, properly filed a
request for a hearing on that issue. The intent of Ordinance No. 89 is
contained in its first Article and is stated as to protect the pUblic from
sexually transmittable diseases, including AIDS, by regulating commercial
premises where persons are placed at risk in that regard. The Ordinance
clearly defines "high risk sexual conduct" as, among other things, fellatio or
oral sex and anal intercourse. The preceding Findings quite clearly indicate
that oral sex is taking place on the premises of The Vapors among its
patrons. The record supports the conclusion that The Vapors is operated as a
business which permits homosexuals or bisexuals interested in sexual activity
with other men to meet and engage in high risk sexual conduct. According to
testimony in the record, that was the intent of the patrons of the
establishment in visiting The Vapors.
Although the police officers who engaged in the undercover investigation
of The Vapors did not observe anal intercourse, there is a stong inference in
the record that this activity also occurred at The Vapors. The articles found
during the search of The Vapors on September 1,1988 included a large number
of both used condoms containing liquid and unused condoms. 80th testimony and
written exhibits in the record indicate that anal intercourse with a condom,
although safer than w\thout a condom, is still a high risk sexual activity
insofar as the AIDS virus is concerned. The Respondent offered no testimony
or evidence to rebut the allegations that fellatio and anal intercourse were
being engaged in at The Vapors. The conclusion is inescapable that these
types of high risk sexual conduct were taking place at The Vapors and that The
Vapors is therefore a "hazardous site" within the meaning of the statute. It
must also be concluded that The Vapors violates Article 3(1) of the Ordinance
in that it is a commercial building used and operated for the purpose of
permitting persons to engage in high risk sexual conduct.
The testlmony from the public health nurse, as well as written exhibits
offered into the record make it clear that anal intercourse and oral sex are
means of transmitting'HIV or AIDS virus. The risk is greatly increased when a
person has a large number of sexual partners. The situation is made even
riskier where a person has an essentially anonymous sexual contact and
therefore knows nothing about his sexual partner. The evidence in the record
indicates that this ts the situation which is occurring at The Vapors. It is
exactly that type of'conduct at which the Ordinance is aimed. In its
post-hearing submission, the Respondent argued that there was no proof in the
record that AIDS was a threat in Andover or Anoka County or that the activity
occurring at The Vapors was contributing to the spread of AIDS. The Ordinance
does not, however, require the Health Officer to carry such a burden of proof
in this proceeding. The Ordinance itself is based upon a determination that
HIV virus or AIDS is a threat to the public health.
Both parties devoted a portion of their post-hearing briefs to the subject
of the constitutionallty of the Ordinance. The issue of constitutionality is
'L,
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outside the jurisdiction of the Hearing Examiner or the Andover Boardtof!
Health. Starkweather v. Blair. 71 N.W.2d 869, 884 (Minn. 1955); Neeland v:,
Clearwater Memorial Hospital. 257 N.W.2d 366. 368 (Minn. 1977); Ho1tv. State'
of Minnesota Board of Medical Examiners. 431 N.W.2d 905. 906 (Minn.App.'
1988). In fact. the question of the constitutionality of Ordinance No. 89
decided by the Anoka County District Court in an Order dated May 3. 1989.
Honorable Kenneth J. Haas determined the Ordinance to be constitutional:
"
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The Ordinance provides that if the Board of Health makes a determ~nationY~A
that the premises constitute a hazardous site. it shall then issuean;;Order,' .
and cause the premises to be posted with a warning advising the public that
the premises have been declared a hazardous site. Based upon this declaration,
the Ordinance then directs the Health Officer to cause orders to be issued to '
the owner of the premises to take corrective measures to prevent high risk
sexual conduct from taking place within the premises. Appropriate';
recommendations to the Health Officer are contained in the brief submitted
the City Attorney. The Ordinance then charges the Health Officer with
determining whether such corrective measures have been undertaken wi
(30) days.
G.A.B.
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Jurisdictional Issues.
STATE OF MINNESOTA
IN COURT OF APPEALS
o
WIlliam Batson, d/b/a The
Vapors Steam Bath, petitioner,
Appellant,
vs.
City of Andover,
Respondent.
;~;!Iwt?~{~.,jf(tf.iTr ."
Considered and decided by Wozniak, Chief J., Schumach!r,J.,'
:';-\'" .
Short, J.
BASED UPON THE FILE, RECORD AND PROCEEDINGS HEREIN,
FOLLOWING REASONS:
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On June 1, 1989, appellant flied this appeal seeking review. of a May 3, 1989 orde
denying a motion to declare the City of Andover's Ordinance No. 89 IsunCOnstltu.~~onal. .
This court questioned Jurisdiction and directed the parties to tile memoranda
,.' -,:'A';,'-"
The May 3, 1989 order Is not a final appealable order under Minn. R. Clv. App)".103.0
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IT IS HEREBY ORDERED this appeal Is dismissed.
Dated: June 27,1989
JRA:jef
(JRC)
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COPY fOR YOUR
INfORMATION
BY THE COURT
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CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
July 18, 1989
DATE
AGENDA. SECTION.. ,
No.stal:~f, Comml ttee,
Commission
ORIGINATING DEPARTMENT
Planning
FOR
ITEM
NO.
Recycling Update
REQUEST
The Andover City Council is asked to review and discuss the
success of Recycling Day, June 24, 1989.
BACKGROUND
The following is a summary of Recycling Day: Approximately 150
people recycled at the Public Works area. 14.54 tons were
recycled. The following items were recycled:
Used motor 011---------_______________________ .87 Ton
Major appliances (28 pieces)-------------------2.80
Batteries (35 batteries)--------~------_________.61
Goodwill Industries------------------__________4.89
Plastic------------------_-------_______________.01
Glass--------------------------_________________.57
Tin food cans-----------_______________________ .04
Steel cans-------------________________________ .05
Aluminum---------______________________________ .13
Scrap metal--------------------------__________5.07
At the Tonson tire site, 89 people brought around 1300 tires.
This should be considered a Success for a first recycling day.
Many residents inquired about the date of our next recycling day.
If we had more lead time, I think that we could get more
volunteers to help, thus lowering the cost to operate the day.
Please consider making September 23rd, our next Recycling Day.
COUNCIL ACTION
Q
MOTION BY
TO
SECOND BY
o
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
AGENDA SECTION
NO.
Staff, Comm. Commission
ITEM Fire Department Task
NO. Force
9
DATE July 18, 1989
ORIGINATING DEPARTMENT
Admin.
BY:
V. Vo1k
FOR
In response to Council request, attached is a memo from the
Finance Director regarding the availability of funds to pay a
consultant to evaluate and project the needs for fire protection.
V:Attach.
COUNCIL ACTION
MOTION BY
TO
SECOND BY
o
o
o
CITY of ANDOVER
MEMORANDUM
TO:
COPIES TO:
FROM:
DATE:
REFERENCE:
Honorable Mayor and City Council
Howard Koolick.
Fin~n~p nir~~tor ~
.1111 Y 1 R. 1 q A 9
Availabili ty of
consultant
funds for Fire Department Task Force
At the July 5, 1989 City Council meeting, the Fire Department
Task Force requested authorization for the hiring of Robert
Aldrich as a consultant to evaluate and project the needs for
fire protection. In response to this request, Council directed
the Finance Director to determine if there were funds available
to pay a consultant.
My review of the 1989 General Fund operating budget disclosed
there to be a potential funding source. The budget includes
$5,000 under elections capital outlay for the purchase of
electronic voting equipment. Through discussions with the City
Clerk, it was learned that the expenditure of funds for this
County mandated purchase will not occur until 1990. Further, the
budgeted amount was to represent funds to be set aside in each of
four years to fund the purchase. A review of the accounting
records shows that no funds have been formally set aside, and
since expenditures in 1988 exceeded budget, there would not be
adequate funds to make the estimated $20,000 purchase in 1990.
Therefore, it is my recommendation that the City Council use the
budgeted $5,000 for the Fire Department Task Force with the
understanding that the 1990 budget will include $20,000 under
election capital outlay to purchase the electronic voting
machine.
o
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
AGEND4. SECTION. .
NO. 'staI:I:-, "Commml t tees
Commissions
DATE
ORIGINATING DEPARTMENT
July 18,
Finance
ITEM
NO.
11.
Computer Discussion
BY:
Howard Koolick
Finance Director
REQUEST
The City Council is requested to review the enclosed computer
system research and provide direction to Staff relating to
potential options.
BACKGROUND
The City Council, at the June 21st 1989 meeting, requested the
Finance Director research the availability of accounting software
and hardware through all available resources. Attached is a four
page listing of that research. Please note that the research
included only software, since all vendors sell hardware and the
hardware chosen needs to be decided in conjunction with or after
the software choice. It can not be made independently or prior to
choosing software.
The motion made on June 21st also requested funding sources. The
potential funding sources include the following:
Equipment Fund $ 21,685
Refund of Unused Support
Costs from Ameridata 3,000
Debt Service Payments
budgeted under Rescue
Squad in the General Fund
which were intended for the
1983 Certificates of
Indebtedness which have
been entirely paid off 6,450
Preliminary potential
Funding Sources
$31,135
COUNCIL ACTION
MOTION BY
TO
SECOND BY
o
o
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The general fund and the enterprise funds include additional
budgeted funds for debt service payments. I was not able to
reconcile the budgeted amounts to the debt service payment
schedules in time to get this information in this memo. I will
inform you at the meeting of any additional errors in the debt
service budgets.
In addition to the above, many of the vendors offer lease-purchase
agreements which will spread the cost and payments over a three or
five year period. This feature results in needing substantially
less money when the system is purchased.
CITY OF ANDOVER
o
RESEARCH ON COMPUTER SYSTEMS
USED BY NEIGHBORING CITIES
CITY
SOFTWARE
VENDOR
======================================================================
Ramsey
COST
Computoservice
-Accounts Pay. $3,000
-Util. Bill. 8,500
-Fund/Budget Acct. 5,000
-Cash Receipt. 3,000
-Payroll 3,000
Total $22,500
Coon Rapids
Member of LOGIS
(Local Government
Information
System)
Ham Lake
Business Software
(not a government
acct Package)
Columbia Heights
0 Fridley
Blaine
Anoka
Lexington
St. Francis
Brooklyn Park
Brooklyn Center
Champlin
Business Records
Corporation
NMS
(City is looking
into alternatives
for new system)
Business Records
Corporation
Creative Computer
Systems
Micro Arizala
FundBalance
MECC
LOGIS
LOGIS
Computoservice
o
Dependent
on Usage
$1,200
(approx. )
Unknown
Unknown
Unknown
Unknown
$6,400
Unknown
Dependent
on Usage
Dependent
on Usage
See Above
HARDWARE USED
Texas Inst.
System 1300
N/A
Personal
Computer
IBM System 36
Texas Inst.
Minicomputer
IBM System 36
MCDonald/
Douglas
KPROC Personal
Computer
Epson P.C.
N/A
N/A
Texas Inst.
CITY OF ANDOVER
o
LIST OF COMPUTER VENDORS
WHOSE SOFTWARE WILL RUN ON PERSONAL COMPUTERS
VENDOR
----------------------------------------------------------------------
----------------------------------------------------------------------
Computoservice, Inc.
-Accounts Pay,
-Utili ty Billing
-Fund/Budget Accounting
-Cash Receipt.
-Payroll
Total
Banyon Data Systems
-Fund Accounting/Cash
Disbursements
-Payroll
-Utility Billing
Total
o
Big Sky Data Systems
-System management package
which includes:
-General Ledger
-Cash Disbursements
-Payroll
-Budgetary Accounting
-Utility Billing
-One User P.C.
-Multi User Configuration
Mentor Systems
-Budgetary Accounting
-Payroll
-Utili ty Billing
-Operating Software
Total
Precision Computer Systems
-Budgetary Accounting
including Payroll,
Utility Billing and
Cash DiSbursements
Micro Arizala (FundBalance)
-Fund Accounting
-Payroll
-Utility Billing
Total
o
COST
$ 3,000
8,500
5,000
3,000
3,000
$22,500
$ 3,695
1,995
2,295
$ 7,985
$10,995
$13,750
$ 4,000
$ 1,750
$ 4,000
$ 1,000
$10,750
$10,000
$ 3,300
1,300
1,800
$ 6,400
o
o
o
CITY OF ANDOVER
LIST OF COMPUTER VENDORS
WHOSE SOFTWARE WILL RUN ON PERSONAL COMPUTERS
======================================================================
VENDOR
COST
Civic Systems (NMS)
-Fund Accounting
-Accounts payable
-Payroll
-Utility Billing
$ 3,000
1,300
2,000,
4,000
$10,300
Total
======================================================================
I have also talked with Business Records Corporation, an
authorized IBM Dealer. Their software will not run on a personal
computer. It requires a mini-computer. I have listed their prices
for software only for your information.
Fund Accounting
Payroll
Utility Billing
Total
$11,500
6,500
9,000
$27,000
=====================================================================
In addition to the vendors above, there is a service bureau which
was formed by a group of cities in the 1970's called LOGIS (Local
Government Information System Association). Their cost is based On
usage of their data processing equipment and reports desired. Based
on a very preliminary discussion with LOGIS, the estimated cost of
this service bureau for one year would be approximately $21,000. This
estimate could change dramatically should the City desire more
applications or increase its volume of transactions.
The vendors listed above, are those with which I am familiar and
have discussed our situation. The following list are additional
vendors which sell governmental accounting software.
Vendors of Software to Run on a Single User Configuration:
Office Pro Systems
Quest Data Systems
Mr. Bill Utility Billing Inc.
Corbin Willis (?) (Also known as MOM)
Vendors of Software to Run in a Multi User Configuration:
Direction Software Inc.
New World Software
System Consultants Inc.
Network Computing Group
Owatonna Computer Service
Data Management Design
o
I also contacted the League of Minnesota Cities to ask if they had
any type of listing of municipal software vendors. They responded
that they did not. The listing above includes all vendors who were
represented at the League Annual Conference in June.
IBM was also contacted. As of Friday July 14th, they had not
returned my phone calls. However, as mentioned above, Business
Records Corporation is an authorized IBM dealer.
o
o
o
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
AGENDA SECTION
NO. Staff, Committee, Comm.
DATE July 18, 1989
ORIGINATING DEPARTMENT
Public Works
12.
BY:
Frank Stone
R
ITEM Appoint Weed Inspector
NO.
One of the duties of the Mayor is to appoint assistant weed
inspectors. Council approval is not necessary; however, the name
of the assistant weed inspector needs to be submitted to the
commissioner of agriculture within 10 days of the appointment.
The Mayor is therefore requested to appoint Kevin starr as the
Assistant Weed Inspector.
Attached is information from the League of Minnesota Cities
regarding this appointment.
FS:vv
MOTION BY
TO
COUNCIL ACTION
SECOND BY
o
Elected Officials, City Councils, and Advisory Bodies
("
actly the same voting powers and other privileges
as do the council members.
The right of presiding officers 10 make and
second motions is implied from their privilege of
voting and taking part in regular council delibera-
tions.
Mayors should not use their power as presiders
freely in supporl of their own convictions. The
presiding officer has an obligation to be im'partial
and objective in conducting the meeting. 4
Village Weed Inspector 46
The mayor is the city weed inspeclor and may
appoint one or more individuals as assistants.
These appointments are not subject to council ap-
proval, but notice of them must go 10 Ihe commis-
sioner of agriculture within 10 days. The council
may increase the mayor's compensalion for this job
by at least Ihe statutory requirement of $1 per
hour plus necessary expenses. The commissioner
of agriculture can provide a complete explanation
of weed inspector duties.
o
Election Duties
Mayors of all cities have dUlies concerning elec-
tions. At elections where cilies will vole on a ques-
tion, the mayor upon receiving a written petition
signed by at least 25 eligible voters, must .appoint
one voter for each precinct to act as a challenger
of voters in the polling place. 47 .
Also, mayors from the most populous city in
each county serve as members of the county can-
vassing board. 48
_ Other Duties and Responsibilities
1. Receiving notices about bodies of water.
The mayor receives notice of proceedings
with reference to any body of water within
or adjoining the city limits. It is the mayor's
duty to submit notices to Ihe council, allow-
ing it to take any necessary aclion. 49
o
2. Reporting liquor violations. The mayor
must nolify the local sheriff or chief of
police of any known violation of Ihe liquor
laws. Willful neglect of this duty could
subject the mayor .to removal and a pos-
sible fine of up to $500, and potential puni-
. tive damages. 50
3. Investigating fires. In cilies wilhout a fire
deparlment, the mayor must investigale. or
have investigaled, the cause, origin, and
circumstances of any fire where damages
exceed $100. The mayor musl report the
fire to the stale fire marshal. To carry out
Ihis duty, the mayor may enter buildings at
any reasonable hour for purposes of ex-
amination. The mayor receives $1 for each
reported fire if the mayor receives com-
pensation of less than $50 per year as
mayor. 51
4. Declaring local emergencies. Only the
mayor can declare a local emergency. II
cannot last for more than three days except
by or with the consent of the council. A
local emergency must receive prompt and
general publicity. The clerk must file it
promplly. A declaration of a local emer-
gency invokes interjurisdictional disaster
plans, and may authorize aid and assist-
ance. No interjurisdictional agency or of-
ficial may declare a local emergency unless
Ihe agreement expressly authorizes it. An
interjurisdictional disaster agency must
provide aid and'services in accordance with
the agreement under which it functions. 52
c
Many mayors belong to the Minnesota Mayor's
Association which is affiliated with the League and
has an annual conference on issues of interest to
mayors. .Information about that association is
available from the League office.
C. City Council and its Powers
Mayors and council members should familiarize
themselves with the powers and duties of cities. It
is their responsibility to see that their city abides
by the law. It is the mayor, clerk, and council mem-
bers, who must see that the city is properly exer-
cising its functions, fulfilling the duties the law im-
poses, and not exercising powers which it does not
legally possess. Furthermore, the council must
direct and control the actions of city employees,
making sure that they are properly carrying out
their duties and not exercising authority which they
do not possess. The voters of the city and the
courts hold elected officials responsible for the
proper performance of these duties. City officials
can sometimes be personally liable for failures to
act, for improper aclions, or for unauthorized ac-
tions on the part of the city. A further discussion
f ,
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Page 90
Handbook for Minnesota Cities
o
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE July 18, 1989
AGENDA SECTION ORIGINATING DEPARTMENT
NO. Staff, Committee, Comm. Engineering
14
BY: James E. Schrantz
BY:
ITEM Rename Verdin Street
NO.
The City Council is requested to approve the ordinance renaming
Verdin Street to Crosstown Boulevard from Bunker Lake Boulevard
to the south city limits.
We are proposing to call the existing part of C~osstown Boulevard
Old Crosstown Boulevard or just leave it Crosstown Boulevard and
not name the part across the wetland.
COUNCIL ACTION
MOTION BY
TO
SECOND BY
o
o
o
"
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNBSOTA
ORDINANCE NO.
AN ORDINANCE RENAMING VERDIN STREET TO CROSSTOWN BOULEVARD FROM
BUNKER LAKE BOULEVARD TO THE SOUTHERN CITY LIMITS.
The City Council of the City of Andover hereby ordains:
Verdin Street, located in Sections 33-32-24 and 34-32-24, is
hereby changed to Crosstown Boulevard from Bunker Lake Boulevard
to the southern city limits.
Adopted by the City Council of the City of Andover this
day of
, 19
CITY OF ANDOVER
Attest:
James E. Elling
Mayor
Victoria Volk
City Clerk
o
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
DATE
JUly 18, 1989
AGENDA SECTION
NO. Staff, Committee,
Commission
15.
Compo Plan Proposals
ITEM
NO.
ORIGINATING DEPARTMENT
Planning
Jay Blak~ Planner
BY: :e~ Ci ty
REQUEST
The City Council is asked to review the following analysis of the
nine (9) proposals for assistance for the Andover Comprehensive
Plan. Staff has reviewed the proposals carefully and the
following summaries will provide additional background for your
decision. I have recommended three firms for interviews.
The top three firm were recommended based on the information
included in the proposal. The following criteria were used in the
ranking:
Priori ty
Item
#1
Past Compo Plan Experience
Company Experience
Personnel
Plan Outline and Schedule
Proposed Budget
Graphics and Engineering
Miscellaneous
.
#2
#3
#4
#5
The following chart indicates the ranking of the top three
companies with additional background information.
Ranking
Firm
#1
Urban Planning and Design, Inc.
Apple Valley, MN
Urban Planning and Design is a planning consulting firm
with more than twenty years of planning experience. The
proposal includes input and participation from a
Landscape Architectural firma and from Toltz, King,
Duvall, Anderson and Assoc. (TKDA).
COUNCIL ACTION
MOTION BY
TO
SECOND BY
o
o
o
page 2
Compo plan Process
July 18, 1989
The lead project planner, John Voss, has been a
consultant since 1968 and has written Comprehensive
Plans for the Cities of Apple Valley, Eagan, Dayton,
Inver Grove Heights and a Land Use Plan for Grow
Township.
The proposal is ranked #1 because of the extensive
experience the firm has had with Met. Council, TKDA's
close working relationship with the City of Andover and
also moderate costs/hour for the consulting time.
#2
B~
Minneapolis, MN
The firm of BRW is a large nationally known Engineering
and Planning firm started in 1956 that currently employs
200 people in the Minneapolis office alone. The project
team would consist of an Urban Planner, Civil Engineer
and a Traffic Engineer.
BRW has also had significant experience working with Met
Council and with many communities, including, Shakopee,
Fon du Lac, WI and Hopkins most recently. The project
leader, William Weber, has had a great deal of
experience with the City of Vadnais Heights. Mr. Weber
has been with BRW since 1978.
The firm has some of the finest graphic capabilities in
the industry, coupled with the experiences of the firm
make this a logical choice for an interview. I am only
concerned over the size of the firm and that Andover
would not be a high priority for the Company.
#3
Urbanalysis
Minneapolis, MN
Urbanalysis is a Minneapolis based urban research and
planning firm. The project team would include several
planners and architects. This firm appears to be very
planning specific and could provide new insight into the
growth management plan for the City.
This firm has completed comprehensive plans for Elk
Rive'r and Lino Lakes. Additional projects have been
completed for the Cities of Circle Pines, Excelsior,
Zimmerman and Maple Plain.
o
Page 3
Compo Plan Process
July 18, 1989
FIRM
# OF HOURS
The firms are summarized in the following chart:
TOTAL COSTS
Urban Planning
and Design
870
BRW
772
urbanalysis
18-21 months
Completion Time
Dahlgren,
Shardlow, Uban
64 weeks
Completion Time
Short, Elliot and
Hendrickson
635
o
Cedar Corp.
Yaggy, Colby
940
335
Schoell, Madson
N/A
720
Strgar, Roscoe
o
$39,500
$ 4,900 Expenses
$41,393
$35,150-$39,200
$40,000-$80,000
$36,500
$34,700
$lS,900
$20,000-$30,000
$40,000
o
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
July 18, 1989
DATE
AGENDA SECTION ,
NO. Non-D~scuss~on
'MH~~rl\nf1'i n~EPARTMENT
ITEM Hearing/86-2l
NO.
16
James E. Schrantz
BY:
The city Council is requested to approve the resolutio
hearing for the assessment for project 86-21 storm drainage, 133rd
Ave. Street ,construction, Watermain and Sanitary Sewer for Good
Value's Hidden Creek East.
This work was prepared under a joint powers agreement with Coon
Rapids.
The total amount to be assessed is $270,302.47 for a period of 10
years at 7.76% interest.
Note proposed Public Hearing set for August 22, 1989 which is a
special meeting date.
MOTION BY
TO
COUNCIL ACTION
SECOND BY
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO.
~OTION by Councilman
to adopt the following:
A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT
Sanitary Sewer, Watermain, Storm drainage and Street FOR PROJECT NO.
86-21
WHEREAS, by a resolution passed by the City Council on July 5,
1989 , the City Clerk was directed to prepare a proposed assessment
cost of improvements for Project No. 86-21 ; and
WHEREAS, the Clerk has notified the Council that such proposed
assessment has been completed and filed in her office for public
inspection.
,
of the
NOW, THEREFORE, BE IT RESOLVED by the City Council of Andover, MN:
1. A hearing shall be held the 22 day of August , in the
City Hall at P.M. to pass upon such proposed assessment and at
such time and place all persons owning property affected by such
improvements will be given an opportunity to be heard with reference to
such assessment.
2. The City Clerk is hereby directed to cause a notice of the hearing
on the proposed assessment to be published once in the official newspaper
at least two weeks prior to the hearing, and she shall state in the notice
the total cost of improvement. She shall also cause mailed notice to be
~iven to the owner of each parcel described in the assessment roll not less
~han two weeks prior to the hearings.
3. The owner of any property so assessed may at any time prior to
certification of the assessment to the County Auditor, pay the whole of the
assessment on such property, with interest accrued to the date of payment
to the City Treasurer, except that no interest shall be charged if the
entire assessment is paid within 30 days from the adoption of the
assessment. He may at any time thereafter pay to the City Treasurer the
entire amount of the assessment remaining unpaid, with interest accrued to
December 31 of the year in which such payment is made. Such payment must
be made before October 15 or interest will be charged through December 31
of the succeeding year.
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
4Ik'TEST:
James E. Elling - Mayor
Victoria Volk - City Clerk
o
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
PROJECT NO. 86-21
NOTICE IS HEREBY GIVEN that the City Council of the City of Andover,
Anoka County, Minnesota will meet at the Andover City Hall, 1685
Crosstown Boulevard N.W., in the City of Andover, on Tuesday, August
22, 1989 at 7:30 P.M. to pass upon the proposed assessment for the
improvement of Watermain, Sanitary Sewer, Storm Drainage,
and Street in the following
described area:
The 5 1/2 of the SW 1/4 of Section 34 and the S 1/2 of the SE
1/4 of Section 34 lying between Verdin Street and Jay Street
all within the City of Andover
o
The amount to be specially assessed against your particular lot,
or parcel of land is $270,302.47. You may at anytime prior to
certification of the assessment to the County Auditor, pay the entire
assessment on such property, with interest accrued to the date of
payment to the City Treasurer. No interest shall be charged if the
entire assessment is paid within 30 days from the adoption of this
assessment. You may at any time thereafter, pay to the City
Treasurer the entire amount of the assessment remaining unpaid, with
interest accrued to December 31 of the year in which such payment is
made. Such payment must be made before October 15 or interest will
be charged through December 31 of the succeeding year. If you decide
not to prepay the assessment before the date given above the
assessment shall be payable in equal annual installments extending
over a period of 10 years and shall bear interest at the rate of
7.76 percent per year. The right to partially prepay the assessment
is not available.
The proposed assessment roll is on file for public inspection at
the City Clerk's Office. The total amount of the proposed assessment
is $270,302.47 . Written or oral objections will be considered
at the meeting. No appeal may be taken as to the amount unless a
signed, written objection is filed with the Clerk prior to the
hearing or presented to the presiding officer at the hearing. The
Council may upon such notice consider any objection to the amount of
a proposed individual assessment at an adjourned meeting upon such
further notice to the affected property owners as it deems advisable.
An owner may appeal an assessment to District Court pursuant to
Minnesota Statutes Section 429.081 by serving notice of the appeal
upon the Mayor or Clerk of the City within 30 days after the adoption
of the assessment and filing such notice with the District Court
within ten days after service upon the Mayor or Clerk.
o
BY ORDER OF THE CITY COUNCIL
Victoria Volk - City Clerk
o
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
July 18, 1989
DATE
AGENDA SECTION
NO.
Non-Discussion
ORIGINATING DEPARTMENT
Engineering
ITEM
NO.
I
Kirby Estates/
Accept Feasibility
BY:
James E. Schrantz
The City Council is requested to approve the resolution accepting
the feasibility report, waiving the Public Hearing, ordering the
improvement and preparation of plans and Specs. for the
improvements for Kirby Estates project 89-15.
The developer's petition waived the Public Hearing.
The escrow amount is $~,700.
COUNCIL ACTION
MOTION BY
TO
SECOND BY
o
o
e
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
RES. NO. 89-15
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 89-15 FOR
watermain, Sanitary Sewer, with Concrete Curb and Gutter IN THE
FOLLOWING AREA Kirby Estates
WHEREAS, the city Council did on the 5th day of July
1989 , order the preparation of a feasibility study for the
improvements; and
WHEREAS, such feasibility study was prepared by BRW
presented to the Council on the 18th day of July
and
1989 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
$61,510
NOW, THEREFORE, BE IT RESOLVED by the
Andover to hereby receive the feasibility
total cost of improvements of $61,510
Hearing and order improvements.
city Council of the City of
report with an estimated
, waive the Public
BE IT FURTHER RESOLVED by the City Council to hereby direct the
firm of BRW to prepare the plans and specifications for such
improvement project.
BE IT STILL FURTHER RESOLVED by the City Council
require the developer to escrow the sum of $4,700
payments to be made prior to commencement of work on
specifications.
to hereby
with
the plans
such
and
MOTION seconded by Councilman
City Council at a
19 , with Councilmen
and adopted by the
day of
Meeting this
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
CITY OF ANDOVER
REQUEST FOR COUNCIL ACTION
July 5, 1989
DATE
Industrial District
ORLGINATING DEPARTMENT
Plannlng
Todd Haa~st. Engineer
Jay Blake, City Plann r
BY:
AGENDA SECTION.
NO. D1Scusslon Items
4.
ITEM
NO.
REQUEST
The Andover City Council is asked to discuss how the Park
dedication fees are determined for property within the Tax
Increment Financing District. A business owner, who is
considering a commercial lot split, has requested that the item be
addressed by the City Council.
BACKGROUND
Planning and Engineering Staff have explained to the property
owner that the park dedication fees are 10 percent of the
appraised market value of the property, as outlined in Ordinance
10, section 9.07. Recently, the Park and Recreation Commission
reviewed the Subdivision Ordinance and found that ten percent is a
fair portion of the market value of the property for park
dedication.
The property in question is located in Watt's Garden Acres.
Records indicate that no park dedication fees were received when
the property was originally platted.
The Andover Commercial Park (the only other property developed
within the TIF district) paid ten percent of the appraised market
value for park dedication fees.
STAFF RECOMMENDATION
Planning and Engineering staff recommend that the City continue
utilizing the ten percent of appraised market value for park
dedication in the TIF district.
COUNCIL ACTION
MOTION BY
TO
SECOND BY